KATHMANDU, Feb 11: Constitutional experts have urged President Dr Ram Baran Yadav not to proceed with the proposal for forming a new government led by the sitting chief justice, as proposed by the UCPN(Maoist).
They expressed grave concern over the proposal at a meeting with the president at the latter´s office at Sital Niwas, Monday afternoon.
According to Hari Krishna Karki, newly-elected chairman of Nepal Bar Association (NBA), who was present at the meeting, the president said in response that he would fulfill his responsibility in accordance with the interim constitution.
“What I can say is that I will perform my responsibility, remaining within my constitutional jurisdiction,” Karki quoted Dr Yadav as saying at the meeting.
It may be recalled that the proposal to appoint the chief justice as prime minister is contingent on first amending the interim constitution.
Earlier, organizing a press conference in the capital, legal and constitutional experts expressed strong exception to the proposal of forming a new government led by Chief Justice Khil Raj Regmi.
Addressing the press conference, NBA Chairman Karki stated that the proposal cannot be acceptable in a country where there is rule of law.
Constitutional expert Bhimarjun Acharya termed the proposal a huge mockery of the interim constitution. “What will happen to the established principles of law and constitution if political parties keep doing such things?” he asked.
Vice-chairman of Nepal Bar Association (NBA) Tikaram Bhattarai said that the UCPN(Maoist) move is a serious development. “It shows that democracy is going beyond the control of the political parties. The interim constitution has not envisioned this,” he maintained.
NBA General Secretary Sunil Pokhrel said that forming a government led by the sitting chief justice is against the principle of separation of powers.
According to Article 106 (1) of the Interim Constitution, the chief justice or a justice of the Supreme Court cannot be engaged in or deputed to any assignment other than that of judge, provided that the Government of Nepal may, in consultation with the Judicial Council, depute the Chief Justice or any justice of the Supreme Court to work concerning a judicial inquiry, or to legal or judicial investigation or research, or to any other work of national concern, for a specified period.
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