“Reinstatement of the House of Representatives is still the best option”

-- Radheshyam Adhikari

Senior advocate Radheshyam Adhikari is known beyond legal circles for his sharp political analysis. An incumbent member of National Assembly representing Nepali Congress, Adhikari spoke to Nepalnews on Wednesday on complex constitutional and political issues facing the country. Excerpts:

How do you see the constitutional status of the present regime?

As a student of law, I must say that the country is being ruled by an ‘unconstitutional’ government now. The King’s decision to impose his direct rule in the country is illegal.. The Supreme Court (SC), the supreme authority to interpret the country’s constitution, has termed the royal government as unconstitutional while issuing a verdict on the formation of the Royal Commission for Corruption Control (RCCC) on February 13 this year. From the ruling of the SC, it becomes clear that the government is unconstitutional. This government is not responsible towards people and is imposing unnecessary curfew upon the people. From legal point of view, this government is unconstitutional and, from political point of view, it is illegitimate.

What could be the outlet to the present crisis?

To give an outlet to the present political crisis the government should accept demands of seven political parties and form an all-party government to resolve all the problems facing the country including the Maoist insurgency. That government will decide about future political direction of the country. The all-party government will hold talks with the Maoists and prepare an environment for holding polls for the legislature.

Is the demand for reinstatement of the House of Representatives dissolved four years ago still valid?

The reinstatement of the House of Representatives (HoR) could be a nearest point to reach to the constitution and to bring the derailed constitution back on track. It is also essential to provide legitimacy to the all-party government, to hold talks with the Maoists and bring the rebels back into the political mainstream. I am still of the view that reinstatement of the House of Representatives is still the best possible option to resolve many problems facing the country. Reinstatement of the HoR is still relevant to discuss and address a broad spectrum of national issues as there is no environment for holding elections at present.

Will reinstatement of the HoR be in line with the constitution?

Reinstatement of the dissolved House of Representatives will mainly be a political decision. At present there is no accountable government in the country. This government is pushing the country towards a reverse direction. So, the political decision of restoring HoR should be taken to give right direction to the country and establishing rule of law.

How do you view people’s disobedience to the prohibitory orders including curfew over the last week. It is said that lawyers are more involved in politics in these days, what is you comment?

People are not compelled to follow the directives of an illegitimate government so their defiance of the government order is appropriate. As far as the protest of legal practitioners is concerned they are agitating for the protection of professional norms. These protests are not guided by any vested political interests rather they are raising their voices as responsible and aware citizens of the country. In fact, they are protesting for the sake of democracy and rule of law in the country. Nepalnews.com Pratibedan Baidya Apr 12 06

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