KATHMANDU, MAY 23 - The legal fraternity has taken serious exception to the decision of the parties to extend the term of the Constituent Assembly (CA) by three months. They termed the move as going “against the rule of law.”
Lawyers said the parties have challenged the rule of law and constitutional supremacy and have seriously compromised on the independence of the judiciary.
Advocate Bhimarjun Acharya said the move will be rendered “invalid,” given the fact the Supreme Court had already issued a verdict stating that the last CA extension of six months was the final one.
Another Advocate Chandra Kanta Gyawali said the move is tantamount to “contempt of court” as the previous verdict still stands. He said the move challenges the principle of constitutional supremacy and also violates the concept of limited parliament and government. Gyawali said the apex court has clearly talked of options--seeking other suitable options including referendum--if the CA fails to deliver the constitution within the final extension.
Constitutional lawyer Bipin Adhikari said “Nepal does not seem to have a government that honours the verdicts issued by the courts” and that the move compromises the idea of an independent judiciary.
Nepal Bar Association Chairman Prem Bahadur Khadka denounced the move as unconstitutional and a “mockery of the rule of law and democracy”.
However, Advocate Purnaman Shakya said the only saving grace for the parties would now be their ability to bring out the constitution within the extended three-month period.
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