Kathmandu, November 13:

There is an urgent need to amend a few provisions including Article 33 (a), 63 (3) and Article 159 in the Interim Constitution of Nepal 2007 in order to resolve the present political crisis and avoid imminent constitutional crisis.

Legal luminaries and lawmakers today stressed on the need to amend the Constitution in the backdrop of the deferral of the November 22 election and the recent parliamentary directives to the government.

They also stressed on amending a few provisions in the Constitution which do not have any meaning in the changed context.

“The provision that fixes the date for CA election as November 22 needs urgent amendment. The Constitution also needs urgent amendment if the recent parliamentary directives to declare the country a republic and adopt a fully proportional electoral system for CA polls are to be implemented,” Radheshyam Adhikari, a lawyer-turned -MP told this daily.

This necessitates amendment to Article 33 (a), which says the CA elections will be held by December 15 this year. Under this provision, the government had fixed poll date for November 22, which however did not materialise and the polls are now on hold indefinitely.

“If the government wants to obey the parliamentary directive and declare the country a republic, it will require an amendment to Article 159, which says the King can be removed by a two-thirds majority of the interim parliament given his proven involvement in foiling the CA election,” Adhikari added.

According to Maoist lawmaker Khimlal Devkota, amendment to Article 63 is needed if the government wants to adopt a fully proportional system for CA elections as per the November 4 parliamentary directive.

“The government should bring a Constitution amendment bill in order to respect the directives of the parliament,” Devkota said, adding, “We want to see that the government respected these directives.” “Or else the government will face serious consequences,” he warned.

The parliament had on November 4 directed the government to begin necessary processes to declare the country a republic and adopt a fully proportional representation in elections. This will also invite necessary changes in several election related laws including the Election Commission Act and the Constituent Assembly Member Election Act.

Articles 38, 45, 139 and 144 also need amendment following the unification between NC and NC-D, advocate Agni Kharel said.

These Articles say political consensus among eight parties — including the NC and NC-D — will be required for proper functioning of the government, the parliament and bring reforms in the Nepal Army.