“It is wrong to say we have constitutional vacuum”

<br><EM>Imminent Constitutional lawyer&nbsp; Dr.&nbsp; Surya Dungel </EM>

June 11, 2012, 5:45 p.m. Published in Magazine Issue: Vol.: 06 No. -01 June. 08-2012 (Jestha 26, 2069)<br>

What is the biggest challenge of Nepal?

I had written and repeatedly said earlier, the biggest challenge in political leadership of Nepal is how to successfully mange the challenge of political changes ? Nepalese political leaders are successful to lead movements but they have repeatedly failed since 1951 to effectively manage transitions and challenge of changes. Hence people feel they are betrayed  by the political parties again and again. But it is the politics that will have to answer the challenge and complexities of the political process. The sudden demise of  the Constituent Assembly without any political parties and CA Authorities explaining the reasons to the people is a big surprise, and people are shocked. So are international friends who supported the CA process.

Is there any vacuum?

It is wrong to say we have constitutional vacuum. In fact, we have institutional gaps, and immense political and constitutional challenges caused due to the failure of the Constituent Assembly to produce a consensual Constitution. Till now, we have Interim Constitution which is a consensus document and will be replaced only by a New Constitution drafted as per  the spirit of the second Jana Andolan.The real challenge is before the political parties and the government to restore their badly damaged image and forge a consensus to pave the future road map for producing a new Constitution.

How do you see constitutional system?

No one is above law and the Interim Constitution. In a democratic system, the rule of law prevails eventually. How the political forces and the responsible elites of the country and people in general work together will determine as to how and when the new Constitution formulation task will be concluded. President as Head of State and 'protector and defender' of the Interim Constitution has clarified and assured the people that he will leave no stone unturned to fulfill his constitutional obligations within the limits of the Constitution. And he expects all to do the same within the constitutional framework and norms"


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