Nepal's Interim Constitution draft incomplete: Experts

Constitutional experts have warned that the draft's enforcement in the present state could thwart Constituent Assembly elections.

india Updated: Sep 01, 2006 15:11 IST

Constitutional law experts here have said that the draft of the Interim Constitution is incomplete and imperfect.

They have also cautioned that its enforcement in the present state could not only thwart Constituent Assembly elections but also push the country towards a deeper crisis.

"The draft is not a perfect document as it has not adopted the norms and values of constitutionalism," quoted Constitutional Advocate, Purna Man Shakya as saying.

The draft statute did not clearly differentiate between the Constitution and the general laws, he added.

Interim Constitution Drafting Commission (ICDC) headed by former Supreme Court Justice Laxman Prasad Aryal drafted the Interim Constitution according to the mandate given by the Maoist and the government.

"It was a misconception of the members of the committee to propose the chairman of the interim legislature as the head of state at a time when monarchy still exists," Bhimarjun Acharya, an expert on Constitutional law, said.

"The committee has tried to make the judiciary accountable to the Parliament and the Executive," Acharya pointed out.

Judiciary works in line with the Constitution and law of the land, he added.

ICDC members Harihar Dahal and Agni Kharel have said that there was no option but to draft 'incomplete' document and leave it to the Government and the Maoist to decide on major political issues.

First Published: Sep 01, 2006 15:11 IST