President warns of serious political consequences

´Finish the constitution in time´

´Serious consequences likely if deadline missed´

´Extension of CA unconstitutional´

´Bring on impeachment motion against me´

KATHMANDU, Jan 7: President Dr Ram Baran Yadav has urged political parties to expedite constitution-drafting process so as to avoid "serious political complications".

"As guardian of the constitution I am in favor the Constituent Assembly writing the constitution in time," he said, speaking exclusively to Republica´s sister newspaper Nagarik on Tuesday. "If the constitution is not written within the time stipulated by the Interim Constitution, it will lead to serious political complications. I am worried about that situation." [break]

He declined to spell out what those "serious political complications" are. He urged the parties to take the peace process to its logical end and prevent any untoward political situation.

The president´s caution about political complications comes at a time when drafting of the constitution has been hit hard by the quarreling political parties. While different committees of the Constituent Assembly -- mandated to write the constitution by May 28, 2010 -- have been working to thrash out various issues, the pace has been slow, leading to the fear that the constitution may not be written in time.

Dr Yadav expressed his worry over the "lack of seriousness" demonstrated by the parties vis-a-vis fulfilling their historic responsibility -- the drafting of the new constitution by an elected assembly.

"Previously, I was an atheist but now I pray to god every time so that the constitution will be written in time and the peace process ends in logical fashion," he further said.

The head of the state is not in favor of imposing a state of emergency to secure further six to complete the drafting process "as that would be against the (interim) constitution", one of the president´s advisor told Nagarik.The unnamed advisor further said that Yadav has already told Prime Minister Madhav Kumar Nepal about his unwillingness to extend the term of the Constitution Assembly.

"First (the parties) do not show interest in writing the constitution in time; therefore the emergency cannot be imposed to prepare grounds for extending the term of the CA," the advisor quoted the president´s remarks to the prime minister. "I have heard of amending clauses in the constitution to impose the state of emergency so as to extend the assembly´s term," Yadav said. "But I don´t consider it constitutional and legitimate."

Yadav is of the view that the CA cannot make the constitution unless the integration and rehabilitation of Maoist combatants and peace process are completed first.

One of the president´s advisor, Surya Dhungel, has argued, in a recent article published in Republica and Nagarik, that the Interim Constitution does not provide for any extension of the CA; so the constitution has to be written by May 28, 2010. He has also argued that the CA would cease to exist after that date and so will the cabinet. He has further interpreted that only the Interim Constitution and the president would be the remaining active institutions.

Some of the political parties, including the main opposition, Unified CPN (Maoist), have challenged this interpretation, saying it was precursor to imposing the president´s rule. Some constitutional experts have argued that even the president´s office would cease to exist after May 28.

´Bring impeachment motion against me´

The president, referring to the Maoist party but without naming it, has said no one can hold the country hostage in the name of establishing "civilian supremacy". The party has been staging protests on multiple fronts, against the president´s move to block the Maoist government´s dismissal of the last army chief in May last year.

"Instead of campaign for civilian supremacy, I would suggest bringing impeachment motion against me," Yadav said, adding that that would be an appropriate way. "I am ready to accept any decision of the parliament."

As per the Interim Constitution, an impeachment motion against the president can be brought if at least one fourth of the 601 members in the parliament decide to register it. If the motion is passed by at least two thirds of the members present during voting in the parliament, the president will stand impeached and he will be removed from office.