Legal eagles divided over Maoists’ Sankalpa Prastav

KATHMANDU:Constitutional experts today said the Sankalpa Prastav (resolution motion) registered at Parliament by the UCPN-Maoist was unconstitutional and against the judicial Speaking at an interaction at Reporters’ Club, constitutional expert Dr Bhimarjun Acharya claimed the motion was unconstitutional and said Constitutional Assembly chairman Subas Nembang should scrap it. “It would be the violation of rules and regulations if the CA chairman accepts it,” he added. He claimed that the parliament could not discuss on the issue as the issue is sub-judice in the Supreme Court. “The resolution has been brought to influence the court procedures,” he claimed. CA member and legal expert Agni Kharel said formation of the government and not the resolution should get the top priority. Kharel also claimed that the Parliament could not direct the President. “The spirit of any resolution motion is targeted to direct and draw the attention of the government on important issues.

But it cannot direct the President,” he claimed. Kharel also said the President was not accountable to the parliament. “The Parliament cannot discuss about the issues that are sub-judice at courts,” he added.

Former Supreme Court Justice Laxman Prasad Aryal urged all concerned to resolve the issue through consensus. “Consensus is the main spirit of the Interim Constitution. I think the issue should be solve through consensus. We should search for constitutional and legal provisions only if the political parties fail to forge consensus,” he added.

However, constitutional expert Mukti Pradhan defended the resolution motion and said the resolution was constitutional and legal. “The parliament can discuss the issue as the President has challenged the government’s decision,” he argued. Pradhan requested the CA chairman to table the resolution in the House session. “The CA chairman doesn’t have any authority to reject the proposal as it is related to the people’s supremacy,” he added.