People from all walks of life are worried for two reasons: whether or not the CA will be able to promulgate the new Constitution in the stipulated timeframe, and whether or not those provisions will be enshrined in the principal document by which the state will be governed.[brak
Nine of the total 11 thematic committees in the CA have prepared their preliminary draft reports and concept papers.
The CA Committee on Fundamental Rights and Directive Principles is one of the eight thematic committees that submitted its preliminary draft reports and concept papers. But the political parties failed to draft the report by consensus. Many CA members in the 43-member Committee registered their divergent views on the document while other members expressed their conflicting opinions during the deliberations on the report in the full-house meeting of the CA.So is the case with other thematic committees as well. Several rounds of discussions are yet to be held before finalizing the drafts, and CA members are yet to reach out to the people to get their feedbacks on the preliminary drafts.
At this crucial juncture, the noted constitutional lawyer, Dr. Bhimarjun Acharya, has come up with a book, “Maulik Adhikarka Aayamharu” [Dimensions of Fundamental Rights].
The book, published by the National Peace Campaign, has shed light on several aspects, ranging from the basic concepts of fundamental rights, origin and evolution of the rights, and differences between fundamental and human rights.
The volume has aptly explained constitution and what it is, the philosophy behind writing the principal document that governs the country, and the importance of constitution writing process. It has given a short history of constitution writing in Nepal as well as in other countries.
The book has described some constitutional provisions practiced in other countries that would be relevant to Nepal while writing the new Constitution. The book has a good compilation of relevant provisions for fundamental and other rights enshrined in the constitutions of several countries in the world.
The compendium of the fundamental rights proposed by the political parties represented in the CA and their election manifestos is another useful section of the book.
In the last chapter, the author has given his conclusions and recommendations.
“A court system under the direction and control [of a particular section of society] can be helpful in supporting a particular political ideology but it will be proved a curse for the overall judicial system and rule of law. The lawmakers should be responsible toward this fact,” the writer says in the concluding part of the book. Such references could be relevant in the context, as the CA Committee on Judicial System was a thematic panel that finalized its preliminary draft report amid controversy on the judicial systems to be proposed in the new Constitution.
Demystifying the complex and intricate nature of law, Acharya has presented the book in a restrained form. Due to its simplicity, the book is compatible even for readers from non-legal sectors.
A common and valid perception behind the CA’s failure in expediting the drafting of the new Constitution is that the CA members have complicated the task, as they fail to grasp the real spirit and the philosophy of creating the principal document of the country. Acharya’s book, which is full of handy hints, therefore, can give a right direction to such CA members. Given these facts, the book is an essential reading, at least for the 601 CA members, and others interested as well.
In sum, we can say that a right book by an appropriate individual is in the market at the right time.
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