KATHMANDU, Feb 13: Nepal Bar Association (NBA), the umbrella organization of lawyers across the country, has taken strong exception to the UCPN (Maoist) proposal to form a new government under the sitting chief justice.
A meeting of NBA held in the capital on Wednesday urged all political parties not to underestimate the basic principle of separation of powers and constitutionalism.
“A government led by the sitting chief justice will not be acceptable to us even if he assumes the post of prime minister after resigning as the chief justice,” said NBA President Hari Krishna Karki at the press conference organized after their meeting, adding, “We are not bound to accept the decision of the political parties, if the decision violates the constitution.”
Karki maintained that political parties cannot interfere with the independence of the judiciary in the name of forging consensus. Karki said a government led by sitting chief justice is against the principle of separation of powers.
“Political parties must answer how a single person can lead the executive, legislature and judiciary under the existing laws,” he maintained.
Karki stated that political parties can take decide to form a new government under the leadership of any independent person but not anyone from the judiciary.
Karki said that conducting fresh polls is the only way out of the current crisis.
Addressing the press conference, General Secretary of NBA Sunil Pokhrel said that the proposal to form a government-led by the chief justice is against the spirit of the interim constitution.
“The NBA will always remain alert against any move that violates the constitution,” reads the press statement issued by NBA.
However, NBA has welcomed the ongoing talks between the political parties aimed at resolving the current political and constitutional crisis.