Question of Resurrection of the Constituent Assembly in Nepal
On May 27th 2012 when the Constituent Assembly dissolved without promulgating the new constitution of the Federal Democratic Republic of Nepal the Prime Minister Dr. Baburam Bhattarai announced the date for the fresh election of the Constituent Assembly to fill out the political vacuum of the nation. But the main opposition parties Nepali Congress and the UML went to see the president to oppose the announcement of the fresh election and suggested him to use his power to sack the Prime Minister as if they were evoked again with their past habit as they used to call the king for help!
However, the president wasn´t the king but a democratically elected responsible individual Nepali citizen who needed to consult the constitutional experts to deal with the crisis. With the same token, the main political parties, particularly main opposition parties NC and the UML failed to consult the constitutional experts prior to the dissolution of the CA to find out what would happen in case the CA dissolves without promulgating the new constitution. Yet, they called the announcement of the fresh election unconstitutional without realizing that this was the political mandate that they allowed the Supreme Court to make.
In my opinion, it is the Supreme Court that dissolved the CA, which it could have avoided respecting its boundary of judiciary independence by simply forwarding the case to the legislation to make the mandate. Instead the Supreme Court made the political mandate under the influence of the main political parties, which the Prime Minister Dr. Baburam Bhattarai has respected by announcing fresh elections.
Now the question is whether the nation should follow the logical sequence of the politics in Democracy or in desperation call the resurrection of the CA? NC´s number of law makers of dissolved CA proposed the constitution provision of resurrection of the CA. But the UML came up with the condition for the resurrection that the Prime Minister Dr. Baburam Bhattarai must resign!
However, if the nation is facing a constitutional crisis and for that CA must be resurrect then it can only be resurrected from its grave unconditionally. I think those political parties which see that the CA should be revived with certain condition are irresponsible and are losers.
First of all, the dead can only be resurrected among the believers. In reality it is an utter disregard to the existence. That is to say, if NC and the UML want to resurrect the CA they must have will and power to disregard the mandate of the Supreme Court. This means that the Supreme Court is the only one which can give life to the CA. The political choice for the nation is either parties respect the mandate of the Supreme Court or have the will and power to overrule the mandate, which they all have lost it thus are powerless.
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Since the Prime Minister Dr. Baburam Bhattarai has filled out the political vacuum while having his political party the Maoist with simple majority in the dissolved CA, the nation has the choice to move on with the announcement of the fresh election of the CA by amending the Interim Constitution or continue as it is with the current government. Unless there is consensus among the main political parties to form a nation unity government the Prime Minister cannot resign. The UML and NC as main oppo