The president gave his word to the lawyers as office bearers of the Association called on the head of state at the latter´s office on Friday, urging him not to okay the political parties´ proposal to form a CJ-headed government.[break]
NBA, the umbrella organization of lawyers in the country, had vehemently opposed the proposal to form a CJ-led government, saying appointment of the sitting chief of the judiciary to the post of head of the executive would be a blatant violation of the basic democratic principle of separation of powers among the three branches of state-- legislative, executive and judiciary.
"The president assured us that he would endorse the proposal only after making the parties work out the political deal in accordance with the Interim Constitution," NBA President Hari Krishna Karki told Republica after calling on the president.
Yadav also told the lawyers that he would hold necessary consultations before taking a decision on the issue once the political parties come to him with a formal proposal.
Asked what the president can do when the political parties formally suggest to him to appoint the sitting chief justice as head of the executive, Karki explained that the president may take initiatives to convert the political parties´ "unconstitutional proposal into a constitutional one".
"It can be various measures such as the president pressing the parties to make the sitting chief justice quit that post before administering him the oath of office and secrecy for prime minister".
The NBA office bearers argued before the president that it was completely unconstitutional to appoint the judicial head as prime minister on the basis of just a political agreement, saying that "even parliament can´t take such an unconstitutional step let alone do it on the basis of a deal among political parties".
"Even parliament can´t do this because it is an attempt to make an ineligible person eligible for the prime ministerial post," said Karki.
Stating that the political leaders are going to suggest to the president to make an unconstitutional move, the lawyers advised the president not to accept the proposal as it is.
In response, the president said he would endorse any proposal only if it is in accordance with the spirit of the constitutional provision on government formation under Article 38-1 of the Interim Constitution.
"I will take any step only as per my jurisdiction under Article 38-1 of the Interim Constitution," Karki quoted the president as saying. The provision allows formation of a consensus government based on political understanding.
A day after the chief justice, in his statement last week, showed readiness to become prime minister, the NBA called an emergency meeting and vehemently opposed the proposal on a CJ-headed government. The meeting concluded that a sitting chief justice can´t be the executive head of the country.
NBA and legal experts have also criticized CJ Khilaraj Regmi for allegedly showing interest in power even though "his move may result in a serious problem in maintaining judicial independence".
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