KATHMANDU: Chief Justice Min Bahadur Rayamajhi today asked the Constituent Assembly not to induct fundamental rights which cannot be enforced, in the new constitution.

He was of the opinion that inducting ‘impossible rights’ in the constitution would be meaningless if the state resources cannot fulfil them. Addressing an deliberation on the report on fundamental rights and the state policies, jointly organised by Constitutional Lawyers’ Forum and Informal Sector Service Centre, the CJ said, “They will only be beautiful rights without enforcement.”

Citing that a law had not been promulgated in 14 years, as required by the Constitution of the Kingdom of Nepal, 1990, even after the apex court intervention in order to secure the positive discrimination, Rayamajhi said such rights cannot be guaranteed in reality.

The Chief Justice was also against flexibility in granting citizenship to non-Nepali citizens. “The citizenship policy should be strict. That we should not deprive Nepali citizens of the citizenship right does not mean it should be given to foreigners as well,” he added, warning that flexibility would create a problem in the country.

Nilambar Acharya, chairman, Constitutional Committee of the CA, said the fundamental rights would be based on the limited government. He added that the CC would coordinate in inducting suitable fundamental rights in the final draft. Chairperson of the Fundamental Rights Committee, Binda Pandey, however, said the report was a compromise amid pressure from CA members. Many legal practitioners said the report was incomplete.