By Our Political Analyst
The political parties both in support and in opposition of the amendment of the constitution have tried to explain the Supreme Court decision of Monday (2 January) as supportive to their political agenda. The leaders from the ruling parties, NC and MC, including the Madheshi Front are saying that the SC verdict has paved the way for amendment of the constitution and holding all three elections soon.
On the other hand, UML leaders are claiming that the SC decision has justified the UML stance which was against amendment of the constitution.
In fact, the SC has denied to intervene on the prerogative of the legislature parliament, however, it has warned the lawmakers not to violate the constitution. The SC has given clear instruction for maintaining the constitution and if there was any violatation of the constitution, the SC would review the case later.
The division bench of Chief Justice Sushila Karki and Justice Ishwor Prasad Khatiwada on Monday declined to issue an interim order against the government’s move to amend the constitution citing the principle of separation of powers.
Two writ petitions were filed separately by Advocate Tikadhwaj Khadka and five others including Bishnu Bahadur Raut, the bench said Parliament is solely authorised to make and amend laws.
Even after the SC verdict, the debate on whether amendment of the constitution is possible or not is still existing and the political parties are divided on the issue of amendment of the constitution.
According to the existing constitution, the present parliament is a caretaker parliament and this parliament has no prerogative to amend the constitution except from implementation of the constitution by holding three elections – local, provincial and general elections before 21 January, 2018.
Of course, the SC has respected supremacy of the constitution and prerogative of the parliament but it has warned that the Parliament cannot go against the constitutional supremacy. What if the parliament will go against the constitutional spirit? Will the SC be able to fail the decision taken by the parliament, this is a burning question.
Furthermore, if the constitution amendment bill is tabled in the parliament and if it fails to bag two-thirds majority, will the Tarai centric parties take part in the elections, this is another question.
If the constitution is amended and the hill districts in No 5 province will be excluded, will the people from this province accept the constitution amendment, this is another question. To recall, the districts in No 5 province are in agitation since the bill was registered in the parliament.
In conclusion, whichever course the politics will take, it will not help in implementation of the constitution, rather, the country will fall into prolonged confrontation.