Monday, May 18, 2009

President Above Constitution?

Today's [Monday] Nagarik has a news item regarding the letter sent to the Supreme Court by the Office of the President. The gist: The President's directives regarding the COAS sacking controversy can't be questioned in a court of law.

I believe the president's office is *technically* correct, but malicious in its intent. It seems as if the President is relying too much upon "universal" dogma regarding the position of a constitutional head of state. Technically speaking, remedy against the President's actions can only be sought through the legislative, which would have to impeach him.

I disagree, however, with the suggestion that Nepal's President is beyond the reproach of the Supreme Court of Nepal. Especially when his direct intervention was in tandem with, and also potentially in conflict with, a decision being deliberated upon by the Supreme Court. And, also because his office isn't, in spirit, above a "politics of consensus." He is still obligated to maintain political harmony, and this pronouncement of his breaches that obligation.

Also, it gives fuel to the Maoists' contention that the Office of the President is trying to create a parallel seat of executive power in the country. That is a dangerous accusation which the President should do everything to disprove.

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