Constitutional Court, Legal Panel shield from grillings Sheikhs to remain in government
KUWAIT CITY, April 24: The seventh government of His Highness Sheikh Nasser Al-Mohammad Al-Sabah has poured cold water on the heads of deputies, particularly the crises-makers in the National Assembly — and those who live in the world of illusions and believe that interpellations still frighten the government — by saying it will contain the sword of the current and future interpellations with the shield of the Constitutional Court.
These MPs believe that once they make known their intentions to grill a certain minister, the government falls on its knees.
These lawmakers forget or rather pretend to forget that His Highness the Prime Minister has stood on the grilling podium on more than one occasion and each time won the confidence of the nation.
To the contrary the interpellations helped unmask those who had filed the grilling requests and the citizens discovered how the homes of such lawmakers are weaker than cobwebs.
The government is confident referring inquiries to the Legislative and Legal Affairs Committee of the National Assembly or to the Constitutional Court, if necessary, is the absolute constitutional right of the government irrespective of whether these lawmakers like it or not.
The Constitutional Court is the reference for interpretation of constitutional provisions and an arbiter between the legislative and executive authorities in the event they differ in understanding or interpretation of any article in the Constitution.
In the meantime, the lawmakers have the constitutional right to submit a grilling request as a tool for oversight and parliamentary accountability. Similarly the government has a right to resort to the concerned authority if the lawmakers misuse their right or use it arbitrarily.
According to government circles most intended interpellations, including the one submitted by the Popular Action Bloc concerning Zain Telecom, the spoiled food issue and delay in forming the government in addition to the grilling request to be submitted by the Reform and Development Bloc, which is expected to be submitted in cooperation with MP Mohammad Hayef, are all constitutionally suspicious.
According to constitutional experts such interpellations are compounded with irregularities and full of abuses. The recent grilling request smells of sectarianism. This is the opinion of a majority of the lawmakers and the citizens who know quite well the keenness of His Highness the Prime Minister about Kuwait’s strategically deep relationship with other Gulf states.
The government circles say referring controversial issues to the Constitutional Court is in the interest of both the legislative and executive authorities and will serve the cause of the National Assembly considering the names of the new cabinet members may be announced by May 4, 2011 in preparation for the oath-taking session on May 17. Consequently, barely one-and-a-half-month will remain before the Parliament goes into summer recess.
It is known constitutionally according to the National Assembly bylaws, the remaining three or four meetings will be devoted to discuss the state budget and budgets of the government bodies that should be approved according to Article 85 of the Constitution which states that ‘The National Assembly shall have an annual session of not less than eight months. The said session may not be prorogued before the budget is approved’.
Accordingly, the sources pointed out referring any future interpellations to the Legislative Committee or to the Constitutional Court shall be in the interest of the legislative and executive authorities so that the National Assembly shall be devoted to discuss the budgets and approve them to prevent any delay especially the mechanism of the projects listed within the development plan of the State that does not allow for any delay in the adoption of budgets. Sources also pointed out the referral will give enough opportunity to the new government to turn the page of crises.
In the same context, the government circles stressed His Highness Sheikh Nasser Al-Mohammad is closely following up the political movement in the country and sees it is evidence and proof of healthy democracy in Kuwait and a certificate of excellence for the state of law and institutions and a clear reflection of the atmosphere of freedom.
Sheikh Nasser Al-Mohammad believes by their demands the crises-makers do not take into consideration regional, international and domestic circumstances but look for electoral gains because their demands do not benefit the citizens. This is the reason why the Kuwaitis are against the ‘crises-makers’ lawmakers.
This conflict between the two authorities has frustrated the citizens and made them pessimists.
On the other hand, government sources have indicated the delay in the formation of the government has nothing to do with the size and rate of change and that the sheikhs will remain in the government either in the same position or otherwise.
The sources said some ministers in the former government had done well in spite of the heap of criticisms leveled against them. This does not necessarily mean they should leave office.
By: Ahmed Al-Jarallah - Editor-in-Chief, the Arab Times