AFP/Kathmandu
Nepal’s Supreme Court yesterday issued an order to halt the implementation of an agreement on a long-awaited new constitution, which had promised to end years of political limbo in the impoverished nation.
Spurred by April’s devastating earthquake, Nepal’s rival political parties had struck a historic agreement to end the deadlock on a new constitution last week, agreeing to divide the country into eight provinces.
According to the agreement, a new federal commission would be tasked with drawing up internal borders and submit a proposal for approval in
parliament.
But the Supreme Court has issued an interim order against it, calling the agreement, which would pave the way for a new federal structure, “against the present constitutional
provisions”.
“It is clear that dissolving the constitutional assembly before a progressive restructuring of the country takes place with the border, number and name and structure, as the article 138 states, will be against the constitutional provisions,” the court order said.
“Such a process might cause irreparable loss to the country,” the statement added.
The court action was based on a joint petition filed by political analyst Vijay Kant Karna and rights activist Rita Sah.
“The agreement contradicted the interim constitution. Issues of federalism, inclusion and gender equality cannot be left in arrears,” said lawyer Dipendra Jha, representing the
petitioners.
“This decision should put a halt to the ongoing process.”
Nepalese lawmakers were due to present a first draft of the constitution in early July.
Pradeep Gyawali, spokesman of the ruling coalition partner Unified Marxist-Leninist (UML) party, said the court
decision was unfortunate.
“It tries to break the basis of the constitution writing process right now. It is a sad decision at a time (when) the process was finally taking momentum,” Gyawali said, adding that the top parties were discussing their course of action.  
Work on the charter — intended to conclude a peace process begun in 2006 when the Maoists entered politics — began after a 2008 election won by the former rebels.  
But political infighting confounded efforts to hammer out a deal, throwing parliament into disarray and crippling the economy.