Nepali Times
From The Nepali Press
On Constitution Day



According to constitutional experts, the country is mired in conflict because the constitution is interpreted only when it seems favourable to those concerned. They acknowledge that the constitution and law is confined to words. Legal experts say the government is carrying out unconstitutional actions under Article 127, interpreting it to its advantage. Senior Advocate Moti Kaji Sthapit says, "The situation now is very different. Actions contradict the law and constitution. How can you say there is lawful administration in the country?" Nepal Bar Association's ex-Chairman Harihar Dahal says, "If the judiciary is not independent, the law is not active and without the law, the judiciary cannot be independent." For the country to be governed according to law, the king, judiciary and each constitutional party must act according to the law and constitution, say experts.

Since the present government is unconstitutional, interpreting constitutional monarchy with the king carrying out his duties according to the constitution and other parties doing the same could lead to some improvements, according to Senior Advocate Sri Hari Aryal. "The situation has grown worse after February First. The king and the political parties must sit down now to find a common roadmap for the good of the nation," adds he. Our constitution never envisioned a country without a parliament and according to principle, the situation cannot be analysed from the point of view of laws formulated by parliament. The experts underlined that it was against the law to arrest people even after the Supreme Court had ordered their release.


LATEST ISSUE
638
(11 JAN 2013 - 17 JAN 2013)


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