‘The Amendment Is Not Compatible With The National Situation’
-- Senior Lawyer Ganesh Raj Sharma
Two major features of the recent amendment to the interim constitution are the re-scheduling of the constituent assembly elections for mid-December and the abolition of the monarchy by a two-thirds majority of the parliament “ if the king is found obstructing the assembly elections”. There has been a mixed reaction to the amendment. Pro-ruling parties analysts hailed it as a significant move toward the consolidation of the democracy and further caging the already estranged monarchy. Some others saw the amendment incompatible with the unstable situation in the county. Prominent constituent lawyer, GANESH RAJ SHARMA, was one of them. Breaking months of silence on political events, Sharma, who is also known for bold in-depth political analysis, spoke to Rabindra Mishra of the BBC Nepali Service last Thursday. Excerpts:
Can the second amendment of the constitution take care of the country’s challenges until the constituent assembly elections planned for mid-December?
We have reached yet another stage of a long-running instability. The agitators who wanted to re-activate the previous constitution failed to do so. Instead, they brought a new constitution. There had been some significant political developments since the promulgation of the interim constitution less than five months ago. They point to the discrepancies between the situation prevailing in the country and the solution provided (by the ruling parties). They are not mutually compatible. So, I have seen the second amendment as a reflection of political instability.
What do you mean when you said that the situation in the country is not compatible with the amendment of the constitution?
This is not a new phenomenon. On return home from Nepal way back in 1976, the late B.P.Koirala said that Nepal had become a zone of turmoil. The turmoil has been casting a shadow over Nepal ever since, in one way or the other. It is against this background that some of the amendments appear to be the necessity of the outsiders not ours.
Like…?
Take, for instance, the new provision on voting out the monarchy through the parliament. In Bhutan they had a provision to remove the monarchy through a simple majority of the assembly despite the institution being free from controversies. But that provision has never been applied. It was only used as a Damocles’ sword to keep the monarchy threatened at the behest of the external, rather than internal, forces. The present government spokesman (information minister Krishna Bahadur Mahara) had also recently said that the key of the Nepali politics is either in Delhi or Washington. He must not have made the remarks without a reason. Probably only after it became unbearable, he decided to speak out although they don’t repeat such remarks. So, all political actors, whether they are in power or harassed by the power, have looked stupefied and helpless. They have not only confiscated the rights of the king, but also the rights of the people to make own decision. This can not be considered the expression of any popular will or the pressure over the past five months. The amendment does not address the agitation in Terai or the agitation by the Janjati groups. The point is: every political actor has been made to make a visit to Delhi. But, even if the key is in Delhi going by what the government spokesman said, it is not possible to make Nepal another Bhutan.
So, the second amendment can not bring stability?
Yes, you can not achieve political stability if you go on like this, no matter whether you keep the monarchy or abolish it. We also saw the absolute rule of the king for a few months. In an interview to you then, I said that this (the direct royal rule) can not work, because the problem was of a different nature. Now, even if you abolish the monarchy the interest of your party and democracy can not remain safe. The cause of our (political) suffering is not internal but external pressure. Unless the whole country and all the people get united, unless a fundamental basis for such a unity, be it traditional or other, is forged, and unless an atmosphere is created to take all national forces along and if the politics of mistrust and vendetta is carried forward, the political instability hastened by the external pressure will go beyond control. As things stand now, I foresee a dangerous situation ahead.
