Posted by: sujanks January 6, 2006
Royal Censorship
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what are we doing here people... let's stay focussed on the topic, if we agree to the claims that nepal suppresses the freedom of press. --------------------------------------------------------------------- Constitution of Nepal Article # 13. Press and Publication Right: 1. No news item, article or any other reading material shall be censored. Provided that nothing shall prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities; or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act against which may be contrary to decent public behaviour or morality. 2. No press shall be closed or seized for printing any news item, article or other reading material. 3. The registration of a newspaper or periodical shall not be canceled merely for publishing any news item, article or other reading material. Article # 127 Power to Remove Difficulties: If any difficulty arises in connection with the implementation of this Constitution, His Majesty may issue necessary Orders to remove such difficulty and such Orders shall be laid before Parliament. Article # 53. Summoning and Prorogation of Sessions and Dissolution of the House of Representatives: 4. His Majesty may dissolve the House of Representatives on the recommendation of the Prime Minister. His Majesty shall, when so dissolving the House of Representatives, specify a date, to be within six months, for new elections to the House of Representatives. Article #72. Ordinance: 1. If at any time, except when both Houses of Parliament are in session, His Majesty is satisfied that circumstances exist which render it necessary for him to take immediate action, He may, without prejudicing the provisions set forth in this Constitution, promulgate any Ordinance as He may deem necessary. 2. An Ordinance promulgated under clause (1) shall have the same force and effect as an Act: Provided that every such Ordinance: a. shall be tabled at the next session of both Houses of Parliament, and if not passed by both Houses, it shall ipso facto cease to be effective; b. may be repealed at any time by His Majesty; and c. shall, unless rendered ineffective or repealed under sub-clause (a) or (b), ipso-facto cease to have effect at the expiration of six months from its promulgation or sixty days from the commencement of a session of both the Houses. ----------------------------------------- Since KG's takeover, i think article 13 is completely dissolved. Of course during takeover using article 127, HM did declare that all clauses of constitution shall be dissolved. but let's see (it's very simple): Feb 1 takeover was using 127 but violated 53.4. And regarding the ordinaces, KG used 72, but violated 13. Even if 72 was used, say because it was important, then 72 itself is violated because of 72.2.c. I don't even know why is there constitution in the first place. Perhaps KG would just say that the constitution shall not apply to the Kingdom of Nepal, rather than acting out with constitution's support. Personally, because of historical, traditional and cultural perspective, i think Nepal should stay a Kingdom, but i think people should decide what they need to do. During the era of King Mahendra Nepal was only 10% literate, Panchayat rule is acceptable, because only the few elites and educated were capable of handling national businesses. Now about 40% are, and it is continuosly growing into modern trend of communication, when we know what is happening around the world. I think the power lies in People and humanity than army and forced (fictitious???) rule.
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