Article Published in ‘JURIST’


Nepal in transition: abolishing the monarchy
Santosh Giri [advocate/human rights lawyer, Supreme Court of Nepal]: “The abolition of Nepal’s nearly 240-year-old monarchy and declaration of Nepal as a “federal, democratic, republican state” was made by an overwhelming majority in the interim parliament late last month. 270 members in the 329-member House of Representatives voted on December 27, 2007 in favor of ending the monarchy (3 pro-monarchists cast against the motion while the rest abstained). However, Nepal will become a republic only after the first meeting of the Constituent Assembly, which is due to be elected by mid-April next year. The decision also serves to put the peace process back on track and paves the way for elections notwithstanding the fact that elections have been postponed three times since June 2006. Constituent Assembly seats has been increased from 497 to 601, of which 335 (58%) will be elected on the basis of proportional representation, with 240 to be directly elected and 26 to be nominated by the country’s cabinet.

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5 thoughts on “Article Published in ‘JURIST’

  1. Deepak Ji
    You are right about the situation after the declaration. One quarter of the nation is still under armed terrorism i.e. Terai; Its not clear if the elections will actually happen for real or postponed again; Claiming an election happen and formulating-executing it is totally different. People WANT their representation but it should be FREE of FEAR, INTIMIDATION, TERROR and INSECURITY. That can only be possible if the terrorists STOP playing the double standard role of being in the government and continuing their terrorism at the same time.

    The member of parliament ARE NOT elected by the POPULAR WILL. Even though a majority of them are from the restored parliament, they are not our FRESH MANDATE. The 1999 mandate is a STALE mandate and may not represent the same country siltation and grievances in 2008.

    What is you view? Why are the people not excited? What do your foresee? What should have actually happened?

  2. Dear santosh ji,
    Being just a layman of politics I would not really understand the intricacies of politics of Nepal . However, I would like to see everybody being honest (people, politicians, civil servants, human right activists, journalists) to themselves, nation and ordinary people. My little observation is everybody is dishonest, selfish, greedy, anarchist in our thinking. If people want something they demonstrate, destroy national properties and people get hurt and killed. If university students want something they protest, destroy university furnitures, burn their own university libraries, lock their professors’ rooms. Leaders make a claim like I will (my party) will make Nepal switzerland and people listen to such absurd proposition and clap. One can see the degree of dishonesty here.
    There is no water to drink, no decent school to educate kids, no decent health facilities but our leaders keep talking and talking, making speech after speech wasting their own time as well as the future of nation making claims as if they have magic wand. This is why no Nepali leaders’ claim like republic, would not excite the ordinary people because it is not going to provide anything to the ordinary people.
    What I think if this current situation is not handled diligently there is likely to be more bloodsheding in Nepal and country can be disintegrated.
    Even if the CA is held and over 600 representatives were elected, how are they going to co-ordinate the task of writing a new constitution. The task of constitution writng should be done by a team of experts, on governance, law, culture, our history, our aspiration not by anarchists, anti-national element, foregin agents (spies, religious cult, vested interests).
    Moreover, by mere writing a new constitution is not going to bring food to a table, water to a tap, electricity to a grid, health to people. What must be done? I wish I knew, however, the least that is required we must unite to get some sense to save our country and provide some sense of peace, security, prosperity and pride of being Nepali to Nepali ordinary citizen.

  3. Hello Santosh Giri Sir,

    This is Rajib Dahal here. It is good to see that you are doing a great work in this blog taking some time out from your profession.
    I am a law student in India. I am in my 5th year of B.A;L.L.B (Hons.) and planning to come back to Nepal in future and join bar there. I am trying to update myself on legal developments in Nepal and started reading something to prepare for Bar Council Exam in Nepal.

    I wish that you put some information on your blog that is helpful to us, who wants to prepare for bar exams even being far from the country. I am looking forward to read your experience and journey in legal field as that must be very inspiring to the coming generations to excel in various fields of law. I hope to make a continuous contacts with you to learn more on coming days.

    After reading your above post, I have some queries to ask to you but I think I will be able to do so only if I know some of the legal provisions and processes that govern nepalese Bar. Since you are in constant touch with various legal luminaries and jurists who possess the most erudite exposition in law, it is my humble request to you to initiate some guest article to cover their experiences in various legal field. I think noble profession of law can keep its distinguished and untainted supremacy if the generations yet to come get inspired by those brave fighters who worked and are working only for justice, fairness and equity.

    Recently, I have initiate a small process from my side as well to collect legal developments in Nepal in my Blog. You can view it here: http://nepaleselaw.wordpress.com/

    I like to talk with you more in your email id if time permits you. I will be reachable at rajib.dahal@gmail.com

    Thanking You
    Rajib

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