The ruling Seven Party Alliance (SPA) and Maoists in Nepal have chosen not to entertain the apex judiciary’s concern for “independence”. They also decided that the interim constitution would come into effect from January 15.
There would be no change in the final draft agreed upon by the eight parties on December 16, Shekhar Koirala , an aide to Prime Minister G P Koirala told ENS. The interim constitution guarantees supremacy of the executive, with the judiciary and legislature reduced to “committed” status. Arjun Narsingh KC, who raised a voice demanding that the judiciary’s concern be addressed, was not taken seriously by those present in the meeting, an insider said.
A meeting of the eight parties chaired by the
Prime Minister, however, decided that once the interim constitution came into force, it would take up issues like judicial independence.
The court had sought at least 13 amendments in the final draft saying that the “democracy cannot function meaningfully without an independent judiciary”. The new constitution, which in effect puts monarchy in the suspended animation status, makes the Prime Minister all powerful without a provision for his removal.
Although Koirala himself had expressed dissatisfaction over the Prime Minister enjoying a dictator’s power, he gave in to the pressure from the Maoists, civil society and his own Home Minister who threatened that the country would plunge into violence if the interim draft was not promulgated as agreed last month.
The promulgation of the interim constitution follows a formal beginning of the process of the management of arms and armies of the Maoists.