FB   
 
Powered bysps
        Society for Policy Studies
 
 

 
Maintain decorum
Posted:May 7, 2017
 
Print
Share
  
increase Font size decrease Font size
 
The new constitution has clearly defined the role of three organs of the state – executive, legislature and judiciary – along with three separate responsibilities to maintain checks and balances in the functioning of the state. It is the executive which is the implementing agency of the law and fiscal budget passed by the legislature, and the judiciary has the responsibility of interpreting the constitution and examining whether or not any Act contradicts the constitution. The three important organs of the constitution must work in tandem with each other so that clear checks and balances are maintained without encroaching upon the prerogatives and power of the others. 
 
As an elected sovereign body, Parliament has the right to pass bills and fiscal budget and create other legal instruments, as allowed by the constitution, based on which the executive body or council of ministers executes. The court of law, especially the Supreme Court, is the final authority to interpret the constitution and law which has to be respected by all. If any of the three organs of the state violates the principle of checks and balance the state cannot function properly as envisioned by the constitution drafted by elected representatives.
 
Since last week, a very awkward situation emerged when a single bench of Supreme Court justice Cholendra Shumsher JB Rana on Friday issued an interim order in the defendant’s name – the Legislature-Parliament – directing it to maintain “status quo” on the impeachment motion registered against sitting Chief Justice Sushila Karki on April 30 until the final verdict on the interim order. As many as 249 lawmakers representing the ruling Nepali Congress and CPN-Maoist Centre had registered the impeachment motion which received flak from different walks of life, including the international community. The society has been polarised into two schools of thought over the impeachment motion and the SC’s interim order. Such a situation will not augur well for the smooth functioning of the three equally important organs of the state. While the charge-sheet labeled in the impeachment motion does not have strong ground to prove that the sitting CJ has deviated from her duty the interim order issued by the SC has no constitutional ground on which it has been issued.
 
The new constitution has given certain prerogatives to the Legislature-Parliament that cannot be questioned in the Supreme Court. The lawmakers have the constitutional right and parliamentary prerogatives to bring an impeachment motion against the CJ, SC justices and chiefs and members of other constitutional bodies if they find that their performance is unsatisfactory as defined by the constitution. There should be no confusion that it is the prerogative of the lawmakers who can bring an impeachment motion against any one of them, and it cannot be questioned in the court of law. But those who tend to bring such serious motions against them must have solid ground to prove their claims. As enough damage has been done by both the Parliament and Judiciary over the promotion of a police official it will be wise to find a way out to avoid further confrontation between the two organs. Both the sides must exercise restraint to uphold each other’s exclusive role and dignity.
 
Vaccination against yellow fever is now available at the Sukraraj Tropical Infectious Diseases Hospital at a subsidized rate. The vaccine costs Rs. 2,700 in the hospital while it can cost more in other places. Those travelling to African and South American countries are required to have the vaccine where the viral disease is prevalent. Once vaccinated one has immunity from yellow fever for life and no booster doses are needed. Yellow fever causes fever, headache and even jaundice, muscle pain, nausea, vomiting and fatigue. A few people who get infected with this disease die within seven to 10 days after they develop severe symptoms. Yellow fever is transmitted by mosquito bites of certain species.
 
Most people who suffer from the disease lack immunity and live in densely populated areas where there are a large number of mosquitoes of the species Aedes aegypti. Since this disease can prove fatal it is essential to be vaccinated against the disease specially for those who travel to Africa and South American countries. The health desk of Tribhuvan International Airport should check the passengers if they have the certification for vaccination.
 
The Himalayan Times, May 8, 2017
 
 
 
 
Print
Share
  
increase Font size decrease Font size
 

Disclaimer: South Asia Monitor does not accept responsibility for the views or ideology expressed in any article, signed or unsigned, which appears on its site. What it does accept is responsibility for giving it a chance to appear and enter the public discourse.
Comments (Total Comments 0) Post Comments Post Comment
Review
 
 
 
 
spotlight image Relations between India and Morocco go back a millennium with the first recorded links dating to the 14th century, when the famous traveller and writer from Tangier, Ibn Batuta, travelled to India.
 
read-more
Stepping up action against terrorists attacking India, President Donald Trump's Administration has declared Hizb-ul Mujahideen (HM) a “global terrorist organisation” in an attempt to choke off financial and other support to it.
 
read-more
On 14 August 1947 Pakistan, consisting of East and West Pakistan, celebrated its independence. The 14th was chosen for the ceremony because Lord Mountbatten who came to Karachi as the Chief Guest had to later leave for Delhi where ot the midnight stroke India was to declare its independence.
 
read-more
The Doklam stand-off and a variety recent opinion pieces in magazines and newspapers draws attention to the poor state of defence policy preparedness and the lack of meaningful higher defence control in India. 
 
read-more
The two ideologically divergent ruling partners - the Peoples Democratic Party (PDP) and the Bharatiya Janata Party (BJP) - in Jammu and Kashmir are headed for a showdown as the debate over the abrogation of Article 35A of the Constitution of India heats up.
 
read-more
At the root of the present Doklam crisis is China’s intrusion into Bhutanese territory for its road building projects. These connectivity projects are integral to President Xi Jinping’s dream project, the Belt and Road Initiative (BRI). India and Bhutan were the only two countries that did not participate in the first forum
 
read-more
It wasn’t so long ago that the whole world watched as Donald Trump sashayed on to the Riyadh red carpet and stole the show with his tough talk on Iranian-sponsored terrorism.
 
read-more
A vehicular attack to maximise casualties and spread panic is now a well-tested terrorist strategy in European cities.
 
read-more
It is a privilege to be invited to this most prestigious of law schools in the country, more so for someone not formally lettered in the discipline of law. I thank the Director and the faculty for this honour.
 
read-more
Column-image

As talk of war and violence -- all that Mahatma Gandhi stood against -- gains prominence across the world, a Gandhian scholar has urged that the teachings of the apostle of non-violence be taken to the classroom.

 
Column-image

Interview with Hudson Institute’s Aparna Pande, whose book From Chanakya to Modi: Evolution of India’s Foreign Policy, was released on June 17.

 
Column-image

This is the continuing amazing spiritual journey of a Muslim man from Kerala who plunged into Vedic religion after a chance encounter with a Hindu mystic under a jackfruit tree in the backyard of his house when he was just nine. It is a story w...

 
Column-image

History is told by the victors but in our modern age, even contemporary events get - or are given - a slant, where some contributors soon get eclipsed from the narrative or their images tarnished.

 
Column-image

Humans have long had a fear of malignant supernatural beings but there may be times when even the latter cannot compare with the sheer evil and destructiveness mortals may be capable of. But then seeking to enable the end of the world due to it...

 
Subscribe to our newsletter
Archive