Democracy in Experiment
Nepal has spent almost six decades in experimenting various models of constitutions and democracies but the country did not have to pay as high a price in the past as it is paying now
By KESHAB POUDEL
In the new version of democracy (Loktantra), Nepal has entered into a situation where all democratic values, liberal ideals and the precedents set by its own constitutional experiments and practices are in the process of systematic destruction.
By scrapping a democratic and liberal constitution of 1990, the eight party alliance promulgated a new interim constitution, which also adheres to many liberal ideals theoretically but in practice the constitution grants all the power to eight political parties.
Although the preamble and article 2 of the Interim Constitution says that sovereignty and executive power lies in the people, article 38 (1) of the constitution says prime minister shall be appointed on the basis of political consensus of eight political parties. It clarifies that eight political parties include Nepali Congress, CPN-UML, Nepali Congress Democratic, United People's Front, Nepal Sadbhavana Party (Anandidevi), United Leftist Front and CPN-Maoist.
Even the article 38(3) says the structure of the cabinet and portfolio allocation shall be made under the consensus among eight political parties.
" Nepal has become unique political laboratory of experimenting forms of democracies and constitutions. Now the country has reached to the sixth stage of experimenting a new constitution- a unique nature of constitution which empowers eight political parties in power," said a political analyst. "Interim constitution is neither grant from the monarch nor given by the people in whom the sovereignty is supposed to be vested but it has been promulgated under the cover of eight political parties' agreement. The constitution has neither the strength of curbing or controlling the arbitrary exercise of executive power nor it has capability to protect any right of a person in the street," said the analyst.
The political leaders of the present change found the previous constitution of 1990 was inadequate and irrelevant to complete the new task before them. A consensus was built up in the country through them to promulgate a workable rules and norms in the form of constitution. The interim constitution was promulgated but the old habit was hard to die as tendency of defiance of the norms and behavior laid down by the constitution has not changed.
Even this interim constitution is being defied by highest executive functionary of the state when he was offering the King to abdicate for the continuation of institution of monarchy in Nepal .
The Interim Constitution does not give that kind of power to the Prime Minister. In constitutional terms, he cannot enter into such agreement with the King because of the binding provision of the constitution which says the first session of Constituent Assembly (CA) would decide the fate of monarchy.
The article 159 ( 3) of the Interim Constitution says the first meeting of Constituent Assembly meeting shall decide the fate of the monarchy on simple majority whatever is written elsewhere.
"The constitution is there but it does not bind the prime minister. Things are running parallel in terms of power exercise. There are such innumerable instances where the provisions of the constitution have been flouted by its signatory parties," said the analyst.
The constitution guarantees freedom of beliefs, speech and expression but that does not guarantee the common people to come out freely with their views. The article 12 of interim constitution says all citizens have the freedom of opinion and expression, freedom to assemble peaceably and without arms. It seems that rights guaranteed by constitution are a privilege for eight political parties only.
"This is not a time to work following constitution and law but this is time to work under a political agreement," said CPN-Maoist leader Prachanda. "Notwithstanding whatever is written in the constitution, this legislative parliament can declare Nepal as republic."
It is not only the Maoist leader who has been saying this. Even the leader of diehard follower of liberal democracy, prime minister Girija Prasad Koirala has lost the balance. "Feudal elements can help us by fleeing the country before the elections of Constituent Assembly so that Nepal can be declared as a new republic," said Koirala, who has been groomed in liberal democratic values under his own legendary brother B.P. Koirala.
Unstable Stand
Leaders of eight political parties have shown unstable nature in the last one and half year. First they demanded the revival of dissolved House of Representatives. With the pressure of MPs, King Gyanendra was forced to revive the House without citing any provision of the constitution.
They pressured again for the dissolution of revived House of Representatives to pave the way to constitute another Legislative Parliament. "The country is suffering from poverty in everything except the smiles and innocence of the common people. There is poverty everywhere else," said the analyst.
"As the constitution is a norm of behavior in a democratic society, its violation is a symptom of political instability and unstable relations between political forces of the country," said the analyst.
The present legislative parliament knows about the continuation of monarchy and, therefore, royal expenditures are being allocated out of taxpayer's money. "But when a section of people who are also tax payers try to assert their rights to express greetings to the King, they are brutally treated by the cadres of eight party alliance led by extremist party," said the analyst.
It is not in the appearance but the test which convinces the people that the provisions of the constitution are not merely decorative but defective also. The main ingredients of any right created by law or constitution are a guarantee for its exercise. A right without a protective remedy is just a piece of decoration in the paper.
No Legal Remedy
The most challenging task of any democratic society is to guarantee for the effective remedy when the right is endangered. That is what people don't have at present.
"A right without effective remedy has no meaning. Nepal has reached into this stage of absurdity and unnatural unity of heterogeneous forces in power. The present political situation has damaged the ongoing democratic development as well as national integration. The country has entered into modern constitutional process without vitality of continuity," said the analyst.
Judiciary -a credible institution - had been built up step by step and precedents by precedents during the last 60 years of practice under the concept of independence of judiciary. However, it has never been in such a critical stage. The court and judges have never been so harassed and intimidated from the "share holders" of executive power.
People are forced to live with the eight political parties' uneasy alliance rules. Anybody who dares to defer with them could be violently dealt with like that of storm troopers in the Nazi era.
The latest example is of the unpleasant incident on the King's birthday. Even an eighty-years-old person was physically assaulted for his defiance of the warning. Several other middle aged persons were hospitalized for attempt to pay respect to King. "Had people abided by our advice, they would not have to face such situation," said home minister Krishna Prasad Sitaula.
"In a democracy, it is a fundamental right of anybody to hold republican or monarchist view. The present interim constitution also guarantees that in words which is frequently violated in practice by these incidents and the government does not have any desire to protect the rights of an individual and make the constitution meaningful and respected," said the analyst.
Wish For Liberal Democracy
P eople have a wish to have a liberal democracy and integrated nation. The leaders of present political alliance had multiple choices during the practice of parliamentary democracy to choose leader of their choice. Following the promulgation of interim constitution the choice has been destroyed.
" The rich cultural heritages of Nepal have been perennial sources of nourishment of this sate and the nationhood. What appears in media everyday has, to a large extent, set the tone for dominating idea but that alone is not the correct reflection of the mood of the people at large. What is known as the silent majority is there very much alert and enlightened on same basic issues they confront in everyday life," said the analyst.
As it is said the quality of pudding lies in its taste, what the people have been promised by the leaders in power at that time to get into the power have all been belied.
Ministers of major constituents have openly ventilated their dislikes of prime minister's role and behavior. "Prime minister is acting as if this is a majority government of Nepali Congress," said Minister for Sports and Education Pradeep Nepal .
"By all implications, it appears that the eight party alliance is mysteriously inter-weaved and forced to act on certain predetermined strategy," said the analyst.
