KATHMANDU, July 28: The bill to amend and unify the laws related to elections has been opposed by the political circles, arguing it is against the essence and spirit of the Constitution.
The draft bill sent by the Election Commission (EC) to the government faces opposition from the political circle which says that the old provision has been included even in the new bill against the spirit of the Constitution.
Binda Pandey, a former lawmaker from the main opposition party, the CPN-UML, commented that the draft did not address Article 38 (4) of the Constitution. She claimed that the election-related bill could not secure and ensure the right of women to participate in all state bodies provided for by the constitution based on the principle of proportional inclusion.
She objected to the fact that the EC had forwarded the draft by violating the provisions of the Constitution. Pandey, who is also a former chairperson of the Committee on Fundamental Rights and Directive Principles of parliament, said that the structure of the constitutional commission had come into question as it drafted the bill without ensuring the fundamental rights provided for by the Constitution.
She commented that even the instructions given by the parliamentary committee on the period of the previous elections were not implemented by the EC.
Article 38(4) of the Constitution states that women shall have the right to participate in all state bodies based on the principle of proportional inclusion. Similarly, in Article 47, it is mentioned that for the implementation of fundamental rights, the state will make legal arrangements within three years from the date of commencement of the Constitution as per the requirement. The fact that the mandatory provisions of the Constitution that should have been implemented within three years of the promulgation of the Constitution by making the necessary laws, has faced widespread criticism.