Govt formation row ‘irrelevant’

Kathmandu, April 27:

Attorney-General Yagya Murti Banjade said today that a new constitution will not be ready within two years if the parties concerned kept fighting on the issue of government formation.

The ensuing row over government formation is irrelevant, he said, adding that the CA

election was held to make a new constitution.

“It is inappropriate to fight to grasp power,” Banjade told this daily. “The constitution cannot be drafted within two years if we keep fighting on the pretext of forming a new government,” he added.

Banjade said a draft constitution should be prepared within a year, adding that discussions for the same should be initiated outright so that the new constitution can be made within the deadline of two years. The interim constitution states that the CA will have an initial tenure of two years, adding that its tenure can be extended for another six months if a state of emergency is declared.

“If the draft is not prepared within a year, every CA member cannot participate in the discussions,” Banjade said, adding, “The main task of the CA is to promulgate a new constitution.”

The Attorney-General opined that administering the oath of office and secrecy of the CA

members is not a serious legal problem, adding that the government can resolve the problem by issuing an ordinance.

Earlier, the parliament used to act on a government-drafted bill; now the CA itself can draft the bill.

After the first meeting of the CA, other problems can be resolved by making necessary procedures, the Banjade said.

The chief legal adviser to the government said, “The constitution states that the government should be formed on the basis of a political consensus.” “If there is no consensus between the political parties, two thirds majority is required to form the next government,” he said. “If one cannot command two thirds majority, he or she cannot be elected Prime Minister,” he added.

Banjade added we are not witnessing parliamentary politics. “A consensus is needed to form and run the government,” he added. “Consensus is also required among political parties to amend defective constitutional provisions,” Banjade added.