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VOL. 27, NO. 36, May 23, 2008 (Jestha 10 2065 B.S.) |
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Overtaking The Constitution
With the declaration of republic by the first meeting of the Constituent Assembly (CA) on May 28, political leaders have overtaken the constitutional process exposing their lack of faith in the constitution. Although the election for the CA was held to draft a new constitution, which has the right to determine the structure of state, forms of government and other vital matters, the newly elected members of constituent assembly endorsed the proposal tabled by the government to declare Nepal a republic. As such, the political declaration has no legal and constitutional validity. How the history will judge the politicians’ role remains to be seen
By KESHAB POUDEL
As the government led by Girija Prasad Koriala tabled the motion to declare Nepal a federal democratic republic, the overwhelming majority of members of 560-member Constituent Assembly endorsed it. Small voice coming from party like RPP-Nepal opposed this move. Nepali Congress leader K.B. Gurung declared the motion was passed and abolition of monarchy.
The mid-night declaration of the first meeting of CA on May 28 abolished Nepal's 1500-years-long history of monarchy and 240-years-long history of Shah Dynasty which worked as a part of continuity amid changes. Monarchy, at all time, provided political stability and continuity to the nation
After intense discussion for about eight hours at the Prime Minister’s residence at Baluwatar on Wendsday (May 28), the motion for the declaration of the Republic Nepal was drafted.
“The institution of monarchy is a stabilizing force, and it maintains continuity of power and authority of the state. Once a country is destabilized and monarchy is removed, there have been very few instances of stability returning. In most of the Third World countries, no orderly democratic system has been established after the forced abolition of monarchy; one or the other form of dictatorship has been fighting for the legitimacy against the same process of destabilization which had brought them to power,” wrote eminent constitutional lawyer Ganesh Raj Sharma in his article, Monarchical and the Democratic Development in Contemporary Nepal (Nepal, a publication of Center for Nepal and Asian Studies Tribhuwan University 1989).
If that is the case, why the first meeting of Nepal’s constituent assembly decided to remove the monarchy and establish Nepal as a republic. For internal players it mattered little while Nepal’s southern neighbor India - which has historical, cultural and religious ties with the monarchy- drew the conclusion that the institution had not served its interests.
In the words of S. D. Muni, who seemed to have a prior knowledge of the game in Nepal, “Nepalese monarchy has hardly been sensitive to India’s vital security and developmental interest, national interests.”
In his paper presented at a seminar in July 2007 “Building A Republican, Inclusive and Democratic State in Nepal: The external Dimension,” S, D. Muni, a very prominent member of a think tank of the South Block in Nepal affairs, explicitly wrote about the end of monarchy in Nepal.
After losing one of its main constituencies, Nepalese monarchy, which Indian scholars often accused of playing China card against India, had lost its utility. Nobody knows how radical communist parties which had nothing in common with India except the power sharing, would fulfill Indian interests in the coming days. However, Indian strategists see Maoists as their reliable partner, consequently pushing them to power.
With the declaration of republic, political parties are watching how king Gyanendra will react or whether he will quit Narayanhity Royal Palace in grace. Sources close to Royal Palace reveal that once the CA sends its official notification, the king will take a decision to vacate the Royal Palace.
Although the CA announced its decision on Cromwellian pattern, king Gyanendra is said to be in no mood for confrontation. “I don’t care whether king Gyanendra, as a person vacates Royal Palace or not, but what I am more concerned is about end of the institution which has such a long history guaranteeing the stability and uniting all sections,” said monarchist Rabindra Nath Sharma.
Removal of Monarchy
Institution of monarchy in Nepal has centuries-old history and traditions. All the festivals and rituals are bound with the ethos of monarchy, which has given sense of identity as well as acted as a factor of stability.
According to historical documents, Nepal was under Kirant, Licchivi, Thakuri, Malla and Shah Dynasty in last hundreds of years. With the integration of fragmented Nepal into a small viable and peaceful land, Prithvi Narayan Shah had established the Shah Dynasty and united Nepal into a small stable kingdom.
The monarchy has been abolished after endorsement of the motion under article 159(2). Then, there came stage managed drama and euphoria of celebration with the announcement of three day government holiday on May 28-30.
"From today, a new era for Loktantrik Nepal has been ushered and there will no more be any authoritarian rule in the country," thundered prime minister Girija Prasad Koirala. In his last leg of political career, Koirala did everything to stick to power, from joining the extreme left to sacrificing the liberal ideology of democracy.
Similar voices were echoed by CPN-Maoist leader Prachanda. "After removing monarchy, the country has taken the first step to end the feudal structure. We need to create a new Nepal," said Prachanda.
CPN-UML leader Jhalnath Khanal was more jubilant than the CPN-Maoist and Congress leaders. "I have been waiting for decades to see this historic day," said CPN-UML general secretary Khanal.
In a situation worse than Cromwellian period, leaders of three political parties imposed their will on the Nepali people. In a communist dominated constituent assembly, the jubilation would be natural but the people holding the ideology of rightists and right-of-center doctrine have not shown any perceptible reactions.
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Civil Society : Welcome to republic |
"This is a day full of tragedy and the country will have to face very bad days ahead," said Kamal Thapa leader of RPP-Nepal which has voted against the motion.
Civil society members affiliated with various political parties organized various programs to celebrate the republic day in the city.
"This is the great day in the history of Nepal. Now we all are equal and every one can be elected as a head of this country," said Nilamber Acharya, former minister and former communist leader.
Framing the Constitution
Others see the situation differently. “Constituent Assembly was supposed to frame a new constitution in which efficacy of the institution of monarchy was to be reexamined but the shrewd manipulator didn’t follow that fair process. Members of CA in their first meeting were assigned to endorse what the previous self appointed nominees of the ad-hoc parliament had decided,” said the analyst. “Populist forces in Nepal had all the time raised the issue of drafting of the constitution by the Constituent Assembly. Constitution deals with the basic institutions of the state and forms of the government and allocation of power to different bodies.”
The interim constitution had expressed that the fate of monarchy would be decided by the new constitution through CA. Later on, they brought two amendments in the constitution and declared the abolition of monarchy subject to the endorsement by the CA.
“There is no force in Nepal, at present, to reverse this kind of arbitrary and unbridled operation against the age old institution and established norms. The world community is a helpless spectator in this unjust and unfair deal which despite being small in size and capability, had already had a long and rich experience in the state of change with continuity,” said a political analyst.
Political Agreement
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Political Leader : No solution in sight |
The proposal to introduce implementation of republic came after a mid-night meeting of the leaders of three parties CPN-UML, CPN-Maoist and Nepali Congress who inked a deal stating that the remaining matters regarding the formation of the government, functions and duties of a ceremonial president and others would be settled after the first meeting. CPN-Maoist, Nepali Congress, and CPN-UML reached this understanding to set up ceremonial president and executive prime minister.
In the next Constituent Assembly meeting- which will sit on June 4, the parties will table other clauses for the amendment. Till writing of this story, it is still uncertain how many articles are going to be amended.
CA For What?
Endorsing the political agenda prepared by three parties, the CA members showed that their role is going to be no more than a rubber stamp of political coterie who will play the determining role regarding the government making.
Along with removing the monarchy, the Constituent Assembly also ushered a new phase of ethnic and linguistic political culture. Although members were elected on the political ideology of Nepali Congress, CPN-UML, CPN-Maoist and Madhesis, majority of members showed they are loyal to their own ethnic community rather than the nation as a whole.
No body cares for their political ideology what they are committed and for the protection of their own ethnic, linguistic and regional identity. It seems that the new Nepal is going to be a country of ethnicity and linguistism.
When the 575 members of Constituent Assembly took oath in 25 different languages and 80 dialects as members of new Constituent Assembly their sound echoed through the whole hall of Birendra International Convention Center (BCCI).
Nepalese Character
As the saying goes, “Kashi, Kashmir and Ajab Nepal (Kashi, Kashmir and strange Nepal)”, Nepal’s change and political characters often emerge in a strange manner.
There is no country in the world where a republic has been declared just on the basis of political declaration. Interestingly, so called civil society members, who have all kinds of foreign degrees, too, did not hesitate to celebrate it as a grand festival.
"The declaration of republic by the CA ushered in a new era in Nepal," said former minister and civil society leader Devendra Raj Pandey. "This is a historic day and it will be remembered in the history of Nepal."
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King Gyanendra : Quite |
Actually, the last conflict was wrapped up deciding to write a new constitution through the CA. The last compromise was signed in New Delhi as a twelve point agreement. A prominent Indian scholar S.D. Muni had facilitated the getting closer of the SPA and the Maoists, who signed their first operational 12 point agreement in November 2005.
“When they signed twelve points agreement, they had broader understanding that they will draft a constitution which will determine the political structure of the state, allocation of powers and all constitutional paraphernalia. The CA would also have been given the right to decide the fate of monarchy,” said the analyst. “But, political leaders betrayed all the agreements for the sake of power. Even Nepal's big neighbor India has overlooked its credibility and respectability as it failed to press the parties to respect the agreement it helped broker.”
"Had these politicians been honest to their original commitment, the country could have had an ideal consensus political process," said the political analyst.
Although Nepal is declared a republic by the fist meeting of the CA, the prolonged political crisis faced by Nepal is yet to end.
For all internal political forces and external players,there is no easy way out and the prolonged political instability caused by removal of centuries-old institution and upsurge of sectarian politics of ethnicity and linguistics is definite to invite more trouble.
Overtaking the constitution, the CA set a very bad precedent where no one can expect the orderly and just society. At a time when every due procedures was destroyed, political process will have to face several jolts in the days and months ahead.
For Common people of Nepal the situation as it says by English poet T.S. Elliot in his poetry Murders of Cathedral;
Kings rule or barons rule;
We have suffered various oppressions,
But mostly we are left to our own device,
And we are content if we are left alone
