 |
| |
VOL. 28, NO. 22, Feb 20, 2009 (Falgun 09 2065)
|
|
"Parliamentary Democratic System Is Best Suited For Nepal"
Govinda Raj Joshi
At a time when the debate is going on about the new constitution, central member of Nepali Congress GOVINDA RAJ JOSHI has also proposed a model of constitution arguing that there is no alternative to multi-party parliamentary form of government. He also proposes all the constitutional bodies for central and federal governments. Excerpts of ideas he presented during an interaction:
On Constitution
As constitution is the basic law of the land, all the countries incorporate the universally accepted basic principles in their constitutions. As Nepal is in the process of drafting a new constitution, we must evaluate all the system before choosing forms of government for us. No political system is bad in itself but what counts in the success or failure of the government are political leaders who act under it. Political leaders are responsible for success and failure of political system. We don't have any experience of running political process successfully. We have just experiences of making the political system unsuccessful. Now we are in the search of good forms of the government. If we fail to choose the system suitable to our environment, the country will have to suffer.
On Multiparty Parliamentary Government
So far as the global experience is concerned, only multi-party parliamentary democratic system has a record of successful model. This is the best system available in the world, Of course, there are some weaknesses in it but it is best suited for Nepal. We have a long experience of multi-party parliamentary democratic system and our people also understand it. Thus, Nepal has no alternative other than to choose this system by correcting its weaknesses. This system has check and balance and never permits the rise of authoritarian regime.
On Constitutional Supremacy
During the course of drafting a new constitution, we must focus our attention on constitutional supremacy, sovereignty to the people, rule of law, basic human rights, Freedom of Press and Freedom of Speech, property, religious freedom, right to social justice, periodic elections, separation of power, rule of majority, federal structure with safeguard of national independent and territorial integrity, independence of judiciary, duties of people, accountable state institutions, and constitutional provisions for free and fair election.
On President
The president as a head of the state with executive power exercises the power through the recommendation of the cabinet. The executive power should lie in the cabinet. President should appoint leaders of the parliamentary party, which secures the majority in house of representative or lower house, which consists of elected members. The number of cabinet ministers should not exceed 15. Prime minister and ministers are collectively responsible to the parliament. And ministers are accountable to the prime minister and house of representative.
On Legislature
There can be bicameral or unicameral legislature. If there is unicameral legislature, the members should not be exceeding 125. If bicameral, there should be house of representatives with125 members and upper house with 45 members. The members of upper house will be elected by house of representatives on the basis of proportional representation. It will include women, Dalit, Janjaiti, Madhesi and marginalized communities.
On Federal Assembly
Each federal assembly should be composed of 45 members elected on the basis of mixed election. There will be members elected under the basis of first-past-the-post system and members nominated on the basis of proportional representation. To make the federal assembly inclusive, the proper legal system requires inclusion of Janjatis, Dalits and marginalized community in the assembly.
On Provincial Governor
The provincial executive power should be vested on federal government and the governor will exercise it under the recommendation of chief minister. The Governor of the province will invite the leader of the political party which secures the majority in the elections of Federal Assembly to form the government. The number of minister should not exceed 7. Chief minister and other ministers are accountable to the Federal assembly. The president will appoint the governor of province. The minister must be the members of Federal Assembly.
