Parties split over Prez, veep terms

KATHMANDU, DEC 01 -

With the Constituent Assembly election, the major political parties—Nepali Congress, CPN-UML and UCPN (Maoist)—are divided over the terms of the President and the Vice-president. The legal fraternity, however, says it is meaningless to engage in such

disputes as the Interim Constitution has a clear provision that the President will remain in office till the promulgation of a new constitution from the CA.

The NC, which has emerged as the largest party in the second CA polls, favours continuing the President ’s term. The UCPN (M) is against it and says the parties should move ahead as per the fresh mandate.  

The UML is still silent on the issue, but some of its leaders are backing the UCPN (M)’s idea. The Rastriya Prajatantra Party-Nepal (RPP-N), the fourth largest party now, is demanding the re-election of the President . The NC says the Interim Constitution’s provision should be taken into account and the parties needs to focus on the constitution drafting and government formation processes.

“The term of office of the President shall be until the commencement of the continuation of the constitution to be promulgated by the Constituent Assembly,” says Article 36 (C) of Interim Constitution 2007. The constitution is, however, silent on the tenure of the Vice-president.

“The President ’s tenure will be continued till the promulgation of the new constitution as per the Interim Constitution,” NC President Sushil Koirala had told Post in an interview on Friday. He had also stated that re-election proposals will divert the main political agendas of the party. The UML and the UCPN (M) think as the NC is willing to lead the government, the post of the head of state should not go to the same party. President Ram Baran Yadav was elected the head of state after the NC nominated him in the 2008 presidential election.  

UML leaders are for sharing key posts— President , Vice-president, prime minister, chairman of CA and heads of the constitutional committees—among the parties through a package deal as per the people’s mandate.

“We have a clear position that new CA should elect a new President as per the people’s mandate,” said UCPN (M) leader Haribol Gajurel, who is close to his party Chairman Pushpa Kamal Dahal. The legal fraternity says there is no need of re-election. Lawyers argue the new mandate is for drafting a new constitution, not for electing a new President . “Demanding re-election of the President is not logical on both political and constitutional grounds,” said General Secretary of Nepal Bar Association Sunil Pokhrel. “The constitution has a clear provision that the President ’s tenure will remain till the promulgation of a new constitution. Similarly, demanding the election of the president is going against the principle of political consensus.”

Constitutional expert Bhimarjun Acharya said since the constitution has an explicit provision about the President ’s term, the re-election of this post holds no meaning. Constitutional provisions say that it is not mandatory that the presidential candidates should be the CA members.