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Call Of President For A Consensus Candidate ‘Unconstitutional”
By KTM Metro Reporter
November 25, 2012: the government has labeled the call of President Dr. Ram Baran Yadav for a consensus candidate for the office of prime minister made on Friday, November 23, 2012 as ‘unconstitutional’, the government has decided today to ask the president for explanation.
“The meet decided to formally write to the President on Cabinet decision since the head of state cannot make any step as the executive power is inherent in the Cabinet as per interim constitution,” informed the Minister for Information and Communication Raj Kishor Yadav after the meet, according to THT ONLINE of today.
Lawyers close to the establishment have said that the members of the ruling coalition at the meeting held at the official residence of the prime minister today have decided to go the political way for resolving the political situation created by the presidential call for finding out a new candidate for the office of prime minister rather than taking the legal path.
Lawyers pro and against the government have expressed the conflicting opinions. Lawyers supporting the opposition have said that the government does not have the authority to ask the president about this action whereas the lawyers supporting the government have said that the government can ask the president for the explanation for his unconstitutional action. Other lawyers believe that the confrontation between the Prime Minister and the president will soon reach a height.
The UCPN-Maoist has labeled the president’s call for a consensus candidate for a new prime minister as unconstitutional, and has warned the president of fighting against his unconstitutional action if he does not retract it.
Federal Democratic Republican Alliance (FDRA) had urged President Yadav to revoke his unconstitutional call for finding out a consensus candidate for the office of prime minister yesterday stating the ceremonial president can neither set the deadline for nor ask for selecting a consensus candidate. FDRA is the alliance built for institutionalizing the federalism and federal states, is supporting the current government.
FDRA has threatened to boycott the process of naming a new PM. “We cannot take part in any move that is unconstitutional,” FDRA Spokesperson Prem Bahadur Singh said, according to the news posted on the ‘Thehimalayantimes.com’.
All Nepal National Independent Students’ Union- Revolutionary (ANNISU-R) affiliated to the UCPN-Maoist launched a protest against the ‘unconstitutional’ action of the President on today afternoon.
In a statement issued on Friday, November 23, 2012, the president has said that following the Article 36A of the Interim Constitution of Nepal of 2007, the president has asked the political parties to explore a common candidate for the office of prime minister following the Article 38(1) of the same constitution.
The opposition coalition of the NC and CPN-UML has immediately welcomed the unconstitutional call for choosing a common candidate for the office of prime minister, as if the president had called them to form a new government. The NC leader Sushil Koirala even held a meeting with the heads of the diplomatic missions in Kathmandu to sound out their opinions about the president call for forming a new government.
Meanwhile the coalition of NC and CPN-UML along with minor political parties have decided to call off their protests against the government opting to explore a consensus candidate for the office of prime minister.
