Parties delve into an interim CJ-led set-up

KATHMANDU, FEB 12 -

Four major parties on Monday expedited talks on finding a meeting point on forming a non-partisan government led by the sitting chief justice (CJ) for holding elections by the end of May.

Talks between top leaders of the UCPN (Maoist), Nepali Congress, CPN-UML and the Samyukta Loktantrik Madhesi Morcha held at the President’s Office in Sheetal Niwas decided to explore the option of a CJ-led ‘Advisory Council’ as a point of compromise. Parties were, however, divided on whether CJ Khil Raj Regmi should resign before assuming the leadership of such an interim set-up. Maoist leaders said there was no need for Regmi to step down as the responsibility was going to be entrusted on him by ‘keeping the faith on the neutrality and impartiality of the judiciary.’ “We proposed the sitting chief justice on behalf of the institution and not on his individual capacity, hence we are not in favour of his resignation,” said a Maoist negotiator.

NC and UML leaders rejected the argument, saying that the separation of powers between the judiciary and the executive and the fundamental tenets of democracy could be compromised if one individual is allowed to head both the executive and the judiciary.

NC Spokesman Dilendra Prasad Badu said the CJ can be given the reigns after he resigns. “We cannot accept the same individual as the executive and the judicial head of the country. This will be against the principle of separation of powers,” he said. An NC negotiator said parties may strike a deal on Tuesday if

all agree that the sitting CJ should resign first.

Leaders said they will hold talks on the terms of reference and appointment of other members of such a government and formation of a high-level political mechanism to oversee it. The four forces are scheduled to hold internal and cross-party talks before meeting President Ram Baran Yadav again on Tuesday evening. NC and UML leaders are also mulling forwarding either an independent candidate or a retired CJ to counter the sitting CJ proposal.

In the NC’s internal discussions on Monday, leaders explored the possibility of a deal to entrust the leadership of the next government to former Speaker Daman Nath Dhungana. The NC is also open to naming retired CJ Anup Raj Shrama, who is the son of party leader Keshab Raj Pindali, as a next option, a central leader of the party told the Post.

Talking to reporters after the five-hour-long discussions in Sheetal Niwas, Maoist Chairman Pushpa Kamal Dahal said he is optimistic that the parties would soon reach a conclusion. Asked to comment on the opposition parties’ precondition of the CJ retiring first, he said “the issue is under discussion, so I do not want to make any public comment.”

Prime Minister Baburam Bhattarai, who attended the talks, said he is ready to step down if the parties agree on any of the alternatives. “I strongly feel that the parties will agree on a government led by the chief justice,” he said. Two schools of thought have appeared in the political circle as leaders started weighing the option of the CJ becoming the PM. The first group argues that the idea would go against the principle of separation of powers and weaken the judiciary that has so far been able to safeguard its independence. The other camp claims that a CJ-led government could be a ‘middle path’ as the parties’ nine-month search for a new PM went in vain. The group cited experiences in Greece, Bhutan and Bangladesh, where such a formula has been applied to hold elections. Article 19 of the constitution of Bhutan states that the CJ of the country will head an interim government in the capacity of the chief advisor and will be responsible for holding elections within 90 days of the dissolution of the National Assembly.

In Greece, a caretaker government led by senior judge Panagiotis Pikramenos was appointed from May 16-June 16, 2012 to hold elections after the country’s political parties failed to form a coalition government. According to Bangladesh’s electoral system, a caretaker government is entrusted to oversee the national parliamentary elections, which must be held within 90 days of the parliament being dissolved. The constitution there qualifies a retired CJ or a retired judge of the appellate court or any qualified Bangladeshi citizen to lead a caretaker government as its Chief Advisor for holding elections.

New plan to raise slew of questions

The idea of a chief justice (CJ)-led ‘Advisory Council’ holding elections as pitched by the UCPN (Maoist) is sure to raise many questions, including whether it would be a full-fledged government.

The council will consist of former bureaucrats and civil society members, but will have no representation from the political parties , according to the Maoist proposal. As the Maoists have said that the CJ would be the chief of the Advisory Council, questions will arise as to whether the chief of such a body enjoys the same powers as the prime minister. As the Interim Constitution of 2007 does not envisage such a mechanism, the statute will have to be amended by exercising Article 158. The Advisory Council will be entrusted with the task of looking after the day-to-day affairs of the country and election related work, but will not take any political decision.

Leaders from the opposition parties also said such a council cannot take political decisions and that it will go against the principle of separation of powers.Political analysts say that leaving both the judiciary and executive powers in an individual’s hands will ‘jeopardise’ the independence of the judiciary. Questions will also arise on who will perform the executive tasks if such a mechanism is formed, for the Maoists have already said that the council will not take any political decision.

The opposition parties have also said that holding elections is not just a technical matter and that it will have to see several political decisions taken. Some leaders from the Maoist party argue that a political mechanism will be formed to guide such a council. Still, the reality remains that such a mechanism is going to be formed as the parties failed to reach a common point on several issues. There is no guarantee that the political mechanism will help forge consensus on all political issues.

Another important issue will be the role of the Election Commission, a constitutional body mandated for holding elections. “Parties have to settle this matter first if consensus is forged on the formation of an Advisory Council for holding talks,” said Nepali Congress Spokesperson Dilendra Badu.

Source: The Kathmandu Post