KATHMANDU: The Supreme Court (SC) order that stayed the efforts on Thursday to extend the tenure of the Constituent Assembly (CA) may upset the government and block their bid which goes against the cause of justice. Since the government once again tried to undermine the Apex Court (AC), it was compelled to intervene seriously. With the decision of the government to extend the tenure of the CA going against the order of the highest judiciary, a serious question has now been raised — is the country ruled with tyranny or justice?
The AC showed courage once again to block such an attack against the independence of the judiciary, proving itself to be the last resort
in protecting fundamental rights in the country. It is pathetic that the government challenged the AC order to prolong the job of the lawmakers even without accomplishing tasks set before it.
In relation to the term extension of the constitution, drafting body was elected for two years on April 10, 2008. But the extension has
already been made for additional two years and the AC declared that its tenure will end today, May 27. Defying the SC order, the government registered the 13th amendment bill of the Interim Constitution to extend the CA term for another three months, proving that even elected political leadership can be autocratic sometimes.
Despite the court ruling that announced CA’s dis-solution five months ago, the government forwarded the CA extension proposal by going against democratic norms and values without showing any significant achievement. The SC did not favour the government and the parliament while taking the decision to review the verdict but favoured the cause of justice and so turned down the request again. Since the verdict was the outcome of the prevailing constitution, law and the constitutional principle, the government should not try to defy the order.
Delivering a draft constitution is the best option left for the government and the CA with the condition to shift the remaining work to the new parliament. Any efforts against the court verdict are not only objectionable but shameful. The order is also a serious lesson for the government in the future as well.
“The intervention of the AC was against the culture of tyranny as it intervened to protect the rule of law and constitutionalism,” Advocate Hari Krishna Karki told THT Perspectives. “Now it’s the duty of the government to seek suitable alternatives as suggested by SC if it fails to deliver the main law of the land in the extended tenure,” Karki added.