Thursday, June 08, 2006

Interim constitution needed : Legal Experts

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 (HoR). Speaking at an interaction in the capital on Friday Constitutional law expert Purna Man Shakya urged the government to promulgate a new constitution to give legal validity to yesterday's declaration and to make arrangements to prevent constitutional vacuum.
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. 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. Advocate Bhimarjun Acharya seriously questioned the supremacy of the House as declared on Thursday. 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.

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