Legal experts on HoR Declaration-2006

Constitution experts and law practitioners say that Thursday's Parliament Declaration has come as per the sentiments of the people and its legitimacy cannot be challenged. They opine that the parliament established by the people's power endorsed the political paper for the sake of the people.

Speaking at the Reporters' Club on Friday,Legal experts stressed the need for an interim constitution to legalise the recent achievements of the movement and the declaration of the House of Representatives.

Constitutional law expert Purna Man Shakya urged the government to promulgate a new constitution to give legal validity to declaration and to make arrangements to prevent constitutional vacuum.“It is not suitable to hang on to the old constitution and promulgation of a new constitution would be the best way to legalise the achievements of the mass movement,” Shakya added. He said there are enough experts in the country to draft an interim constitution, if the politicians needed.

Shakya said political decisions would not always be applicable unless they are transformed into laws and no one can question yesterday’s House declaration if it is given shape of a legal document.“Institutionalising the House declaration would be difficult unless it is legalised through normal procedure and the Supreme Court will not be bound to recognise it as a constitutional document,” he said, adding: “Unless the SC recognises the declaration as a legal document, it would only remain a political document.”

Former Supreme Court Judge, Laxman Prasad Aryal, said the process to promulgate a new constitution has already started with the declaration.“Since the House passed a resolution to promulgate a new constitution, the 1990 constitution is no more in force,” he added.He was of the view that there is no question of legitimacy of the declaration because the House exercised the peoples’ power to promulgate Constitution.

Advocate Bhimarjun Acharya seriously questioned the supremacy of the House as declared yesterday. Acharya also said it is not good to make the Supreme Court under the Parliament by strapping the apex court of its power of judicial review.

“The declaration intends to escape from an election to a constituent assembly,” said advocate Mukti Pradhan.

Senior advocate Sindhu Nath Pyakurel said there is no question of legitimacy of the House declaration because question cannot be raised over decisions after any movement.