Yash Pal Ghai: Why Non-executive President Would Be Better Than BBI's Proposal
March. 24, 2020
Constitutional lawyer Professor Yash Pal Ghai has opined that non-executive President would be better than what Building Bridges Initiative(BBI) proposes.
According to the BBI project, the President nominates as Prime Minister the person from the party with the highest support in Parliament.
The best loser in the presidential election automatically becomes an MP and the Leader of the Opposition. Who selects the Deputy Prime Ministers is not specified.
However, as the title indicates, a non-executive president is the leader of a state, but without substantive authority. But he or she does have important functions.
There is no standard role for the non-executive president, in countries some it is quite extensive and in others quite limited, and, as now in Britain, limited to the power to encourage, to advise and to warn.
Yash Pal Ghai believes that just because she has nothing to gain, she is taken seriously—and trusted. In multi-ethnic societies, she can play an important role in strengthening a sense of nationhood.
She acts as a figure of national unity and is expected to moderate political conflicts. Often she plays an important role in developing or sustaining national values and the constitution.
Another advantage of the post of non-executive president is that when the national government loses office, there is no power vacuum.
She may be able to settle quarrels between political parties, thus ensuring national peace. It gives ordinary people an opportunity to discuss national matters in a way that seems impossible with the prime minister.
And, when asked to sign a Bill passed by Parliament, she may be able to secure the opinion of the judiciary on its constitutionality.
Mutua wants top medical experts funded to research on covid-19 cureCafes, malls big losers in war against pandemicPuzzle of FKF election ‘blunders’, Sh215m OB project and Fifa about-turn on KenyaBREAKING NEWS: US Bans Visa For Foreigners Intending To Use Childbirth To Get Automatic Citizenship Why it's hard to get Covid-19 again after you've recovered