COVER STORY (Spotlight Weekly)

Old Man In No Hurry

Even after accepting the resignation of two ministers, Prime Minister Krishna Prasad Bhattarai seems unable to give leadership to the cabinet. From the very beginning, ageing Prime Minister who promised to work 18 hours a day, has failed to take initiatives to give a good goverance. Contradictions and controversies surround his nine-month-old government

By KESHAB POUDEL

The cabinet system of government in multi party democracy demands active and strong leadership from the Prime Minister. When a weak and ageing Prime Minister is running the show, the country's day to day administration cannot be expected to be smooth and effective. As the country is passing through a very complicated phase in its history, the ageing Prime Minister Krishna Prasad Bhattarai's health does not permit him to work for a longer period of time.

Due to his sickness, it took seven days for newly appointed Deputy Prime Minister Ram Chandra Poudel to formally atttend his office. It was only on Monday (February 7) that Prime Minister Bhattarai was able to stand for less than half an hour in front of the King with support from his close aides to administer oath to Poudel.

Koirala : Waiting in shadow

Every individual gets sick but the question is for how long. If the Prime Minister, who wields enormous authority, disappears from the public scene for such a long time, it becomes a cause for concern.

Bhattarai's supporters, however, say tthat the Prime Minister is healthy except for his age. "Prime Minister Bhattarai will walk as good as ever soon after completing the treatment," said Dr. Dhruba Sharma, a close associate of the Prime Minister. "Bhattaraiji can give the much-needed leadeship to the country."

The political situation in Nepal is quite complicated as Bhattarai, who is bed-ridden with back-aches, is is functioning with active support of his close aides.

At a time when the issue of governance is getting more criticized country demands new vision and dynamism to fulfill the responsibilities a Prime Minister has to shoulder in Nepal. Bhattarai seems to be unequall to the work.

Besides chairing the cabinet meeting,a Prime Minister also is expected to respond to queries of people through e-mail, air-mail, telephone or written messages. Our Prime Minister does not have any record of responding to people's grievances.

How many e-mail letters does he write or how does he respond to the people? He is usually seen relying on a bunch of associates.

"I resigned from the post considering that the time has come to usher in younger leadership. I urged both leaders to hand over their responsibilities to the younger generation who can work at par with the cabinet system," said Yog Prasad Upadhyaya - former minister and a long time assosiate of Prime Minister Krishna Prasad Bhattarai.

House in session : Without command

The state of Bhattarai's health has remained a matter of speculation from the very first day he took oath of office. But rumors about his health conditions got a new momentum as soon as Prime minister Bhattarai canceled all his formal public programs last week citing recurrent back pains and problems in his knee. He could not even preside over the last cabinet meeting held on Tuesday (February 1) at his Baluwatar residence.

Bhattarai was advised by doctors to take rest for ten days. He has not attended any public meeting for the last couple of days. Last time he was seen at a public function was during the convention of Hotel Association of Nepal (HAN) on January 26.

Strangely, the Prime Minister's Office has kept mum regarding his health. It was only when rumors about his resignation (on health grounds) spread like wildfire last Friday did the Prime Minister's press advisor opened his mouth.

"Prime Minister is recovering from his back pain and will start to attend formal functions and programs from Monday (February 7)," press advisor to the Prime Minister Kishore Nepal told SPOTLIGHT. "His health is absolutely fine." (see: box).

Although Bhattarai can delegate his authorities to his ministers in the event of his illness, the whole system of governance depends upon the capabilities of the Prime Minister.

But Bhattarai is currently guided by a group of kitchen cabinet colleagues and some influential advisors.

Among his advisors there are same with no political background who are most powerful.

Chief political advisor Dr. Narayan Khadka is said to be usually attending the cabinet meeting and other secret meetings -- which incidentally he has no authority to attend. Why the Prime Minister is permiting him to do suchirregular activities is becoming the talk of the town.

On Tuesday, Dr. Khadka is said to have played a role of messenger carrying messages between ailing Bhattarai and his cabinet colleagues. This is the reason, many believe to be responsible for some secret informations leaking out.

Only an effective and dynamic Prime Minister can meet the challenges of the country-- one of the poorest in the world, say analysts. "If the Prime Minister is unable to coordinate the day to day work and see how the government is functioning, the situation may go out of hand as a bunch of people with no constitutional mandate may start influencing the cabinet decisions," they say.

"According to news reports, I don't find the present cabinet functioning as per the norms and rules," said former minister and Congress MP Jaya Prakash Anand.

The Constitution of the Kingdom of Nepal 1990 has devolved enormous authority on the Prime Minister.

The article 35 (2) of the Constitution states: "Except as otherwise expressly provided as to be exercised exclusively by His Majesty or at his discretion or on the recommendation of any institution or official, the powers of His Majesty under this constitution shall be exercised upon the recommendation and advice and with the consent of the Council of Ministers. Such recommendation, advice and consent shall be submitted through the Prime Minister."

Can Prime Minister Krishna Prasad Bhattarai control all his ministers in exercising such power remains a matter of debate especially when he himself is bed-ridden.

"I have been appointed as Deputy Prime Minister by Prime Minister Bhattarai to play the role of a coordinator," said newly appointed Deputy Prime Minister Ram Chandra Poudel, in Bimarsha weekly. "I will make the cabinet more efficient and corruption free."

Poudel's statement reveals that Bhattarai has been unable to coordinate and has failed to give effective administration. How will Poudel carry out all these duties when the Constitution treats his position (in status) at par with other ministers remains unexplained.

Article 36(3) of the Constitution states, "His Majesty shall, upon the recommendation of the Prime Minister, appoint from amongst the members of Parliament, a Deputy Prime Minister if required and such other Ministers as may be required."

The importance of the Prime Minister in the system of government created by Nepal's Constitution is illustrated by the fact that the cabinet meetings do not require quorum. Even if some members of the Council of Ministers do not attend the cabinet meetings, which are ordinarily held once a week, Prime Minister can run it on his own. Constitutional experts argue that parliamentary government has now become prime ministerial government worldwide.

As such, Prime Minister has to play the pivotal role in the cabinet. Although in a cabinet all its members stand on an equal footing, speak with an equal voice and except on rare occasions when a division is taken, are counted on the principles of one man, one vote --- Prime Minister's judgement is taken as final word and his authority prevails over all the ministers. A Prime Minister can choose his colleagues and ask for the dissolution of the parliament.

The Constitution of the Kingdom of Nepal 1990 also empowers all these authorities on the Prime Minister. The question is: Is our Prime Minister really exercising all his powers? Or is it being misused by someone else by proxy?

Could a 76-year old man -- who is physically weak -- do all the works demanded by the cabinet system of governance -- this question is being asked by all sensible citizens.

The Allocation of Business Rules 1990, promulgated by the King under article 41 (1) upon the recommendation and advice and with the consent of the council of ministers, has empowered Prime Minister to observe, monitor and look into the business of the government. The Prime Minister is also given a role on coordinating between ministries on important policy matters.

The Prime Minister's Office is required to keep itself up-to-date with information on political, economic, social, administrative and law and order situation in the country.

The experiences of the last eight months or so have shown that the Prime Minister has totally failed to get up-to-date information as he was often found expressing contradictory statements regarding sensitive issues including security related matters. Prime Minister's remarks to a foreign media on the aftermath of hijacking of the IC 814 airlines plane in December last year is a case in point.

Although Prime Ministers's Office can issue directives to the ministries and draw the attention of different ministries regarding different issues, only on a few occasion it seems to be doing so. Bhattarai, who was seen visiting different ministries during the initial months, has not been able to see how effectively his guidance were being followed.

It is the Prime Minister who decides the agenda of cabinet meeting and it is up to him to accept or reject proposals made by its members. The cabinet meets regularly, at least once a week at either the cabinet secretariat, the Prime Minister's Office at Singha Durbar or at his official residence at Baluwatar, with additional meetings held as per the need. After the formation of Bhattarai government, the frequency of cabinet meetings has been reduced to once a week (as against the earlier practice of twice a week).

"The Prime Minister has the right to intervene in a debate if he finds it suitable, or if differences crop up among cabinet members, he -- as the chairman of the cabinet may impose a decision - even if this directly or indirectly forces a minister to resign. Membership of the cabinet is a gift from the Prime Minister and ouster of a cabinet member occurs according to his will," states a book "Commentary on the Nepalese Constitution".

PM Bhattarai (far right) with other leaders : Lacking leadership

There is no quorum requirement for cabinet meetings and deliberations take place only in the presence of members of the cabinet and the cabinet secretary, unless any state ministers or assistant ministers have been invited by the Prime Minister to be present during the discussions on issues concerned.

Although all members of cabinet are equal in status in cabinet meetings, it is still the forum of the Prime Minister who acts as the driver. It is his responsibility to see that the government works as a single unit and that different departments do not pull one another in opposite directions.

Records of the cabinet meetings proceedings including decisions pronounced by the Prime Minister and kept by the Chief Secretary.

In the cabinet form of government, the duty of the Prime Minister is to provide effective leadership to the country through his cabinet.

Last Monday, cabinet meeting took some major political and bureaucratic decisions including the appointment of Ram Chandra Poudel as Deputy Prime Minister and forwarding the resignation of the Finance Minister Mahesh Acharya.

But when the cabinet was meeting on last Monday at Prime Minister's residence, Bhattarai was absent due to his health problem.

For politicians in the country, it was a new experience. They found meeting Prime Minister was as difficult as locating a needle in haystack.

Disappearance of Bhattarai from the public scene was mysterious as people were not informed about his condition.

"Any person who heads the government must resign if he\she is unable to give leadership in the governance," said senior advocate Kusum Shrestha. "In a democratic form of governance, Pompidou Syndrome is anathema." Pompidou was a President of France who died as a President after hiding his disease (cancer) to seek all official benefits.

Majority of the MPs of Congress have not seen Prime Minister at his office and low level functionaries of the party are running the show.

Although Bhattarai has attempted to improve the performance of his government by inducting Ram Chandra Poudel as his deputy, it is nevertheless the Prime Minister who is ultimately responsible for running the show. An incapable Prime Minister may invite the rule by proxy thereby jeopardizing the whole norms of accountability and the system of democratic governance.

‘Prime Minister Is Physically Fit’

— Kishore Nepal

KISHORE NEPAL, prime minister Krishna Prasad Bhattarai's press advisor, opened his mouth last Friday regarding the rumor about Bhattarai's health problems. Nepal criticized a section of press for publishing "politically motivated" news. Excerpts of his short interview with SPOTLIGHT:

What is the general health Prime Minister Krishna Prasad Bhattarai?
Due to back pain, Prime Minister Krishna Prasad Bhattarai is taking rest for the last few days. Upon the advice of doctors, he is resting and has been advised physiotherapy. According to doctors, physiotherapy is the best available treatment for the patients who suffer from back pains.

Is he recovering from his illness?
After taking physiotherapy, the health of Prime Minister is improving satisfactorily.

Does he have a major health problem?
He does not have any major health problems. He is suffering only due to the old age.

How about the rumors regarding Bhattarai's resignation because of ill health?
Political enemies of Prime Minister Bhattarai are airing the rumor about his resignation on grounds of his health. Prime Minister is determined to continue in his office. He has clearly said that he would not resign under any pressure.

When will the Prime Minister resume his regular duties?
Prime Minister will soon start his formal and regular duties and increase his participation in different functions. It will take couple of days for him to be normal.

What do you say about the rumors, then?
All these rumors regarding the health condition of Prime Minister Bhattarai are highly exaggerated and politically motivated.