COVER STORY (Spotlight Weekly)

Defenders At Loss

With a handicapped institution and weak health, ailing Prime Minister Krishna Prasad Bhattarai - who is regarded as one of the most powerful leaders in Nepali Congress - now seeks support of his young party colleague Sher Bahadur Deuba to thwart attempts of his strong rival former PM and party President Girija Prasad Koirala of replacing him. Five dozen junior Congress colleagues who once chanted his words as Mantra are now desperate to remove him from power. At this juncture the sickly Prime Minister Bhattarai has only two options: either morally resign or go to the people

By KESHAB POUDEL

Septuagenarian Congress leader Prime Minister Bhattarai - who controlled the party in a virtually dictatorial style for nearly two decades - has finally bowed down to his young colleague Sher Bahadur Deuba for his political survival. Bhattarai forged alliance with Deuba to foil attempts of his longtime colleague and politically active party President Girija Prasad Koirala who is desperately lobbying for his removal.

Even after morally losing the power battle, Prime Minister Bhattarai is yet to take courageous decision. Instead, he is requesting his colleagues to find out graceful way to exit from power at the fag end of his political career.

DPM Poudel : Aspiring

As his health deteriorates and majority of the Nepali Congress (NC) MPs expressed no-confidence against his leadership, Prime Minister Bhattarai has lost moral grounds to continue as PM.

Despite such situation, Bhattarai's followers are now said to be launching counter signature campaign to show majority in the parliamentary party by hook or by crook.

Constitutionally, Bhattarai still has the right to go to the people by dissolving the House of Representatives to punish his party colleagues. Does a physically weak PM have a moral courage to do so? Morally Bhattarai has already lost his stand but he seems to be in a dilemma over what he should do.

Although Supreme Court's 1995 verdict has confused the right of PM to dissolve the House of Representatives, the recommendation for dissolution demands political as well as physical capability on the part of Prime Minister.

The apex court's interpretations of the constitution has already clipped Prime Minister's right. When MPs are powerful than PM, the frequent political instability is inevitable.

As constitutional lawyers are coming up with opposing statements over the right of the PM to dissolve the House, some eminent constitutional lawyers are still defending his constitutional prerogative.

"There have been three subsequent decisions of the Supreme Court regarding the power of dissolution of the House of Representatives by the Prime Minister. In my opinion, the first decision which is consistent with the power of the Prime Minister keeps the House as well as his party in discipline. Later two decisions have confused the matter. In contradiction, decision in accordance with the spirit of the constitution prevails. So the Prime Minister can go to the people by calling elections if he has the courage to face the people. Otherwise norms of parliamentary democracy suggests him to quit as soon as he loses confidence of his party. At present, the Prime Minister neither has the courage to go to election nor he has sensitivity to respond," said eminent constitutional lawyer Ganesh Raj Sharma.

As Prime Minister Bhattarai is politically and physically weak, he is leaning on the shoulder of second generation leader Deuba to counter-balance Koirala.

Trapped between indecisive mind and weak health, Bhattarai is now adopting dilly-dallying strategy and asking for some time from Koirala - one of the most formidable players in the party.

Shrestha : PM's man

Upon Bhattarai's wish, former PM Deuba has already urged successfully to septuagenarian leader Koirala and other party colleagues to postpone the meeting of parliamentary party -originally scheduled for February 21 - till Saturday (February 26). The political uncertainty, however, continues to rock the nine month long stability.

The postponed meeting of parliamentary party was summoned by NC parliamentary party (NCPP) secretary Benup Raj Prasai upon request from 58 members of parliament. According to the clause 19.6 of Parliamentary Party Regulation 1994, the secretary should call the meeting when 25 percent of MPs propose no-confidence against their leader.

What decision Bhattarai will take remains unpredictable. Although some of his political backers including Deuba are demanding for his graceful exit, nobody knows when and how the dispute will end.

The situation is confusing as Bhattarai has neither hinted to exercise his constitutional authority of recommending the dissolution of the House nor has he shown willingness to resign.

Bhattarai seems to be against both the options and wants to continue as Prime Minister at any cost. The advice of close aids, says political analysts, works strongly with them.

"Prime Minister Bhattarai will not resign on pressure. Even if he is removed as the leader of parliamentary party, his position can not be challenged. It will be just a moral obligation to the Prime Minister," said Kishore Nepal, Bhattarai's press advisor. "He is in favor of smooth transition of power to young and capable leaders."

Prime Minister Bhattarai is complaining that he was not given any opportunity to defend himself. "As a leader of such a long political stature, Prime Minister Bhattarai must be allowed to defend his case," said Nepal. Burdened with helpless but ambitious colleagues and a fractured party, Prime Minister Bhattarai is in a dilemma.

Outburst against dismal performance of Bhattarai government is inevitable as voters last year gave thumping majority to the Nepali Congress hoping for better administration and stable government. The last nine months have shattered their expectations.The present move of Koirala is just the reflection of lackluster performance of the government.

Meantime, some constitutional experts argue that PM loses moral ground to continue as Prime Minister as soon as majority of MPs go against him.

Bhattarai was appointed Prime Minister after he was chosen the leader of the party which commands majority. Once a party wins majority in the parliament, the King appoints its leader as Prime Minister. A Prime Minister appointed under article 36.1 of the Constitution has no right to continue as leader when he loses the support of his majority they say.

Prime Minister appointed under article 36 is the person who leads the party that has a majority in the House of Representatives, say constitutional lawyers. According to them, 36.1 clearly dictates provisions regarding the appointment of Prime Minister.

"If Prime Minister appointed under 36.1 loses his confidence in the party, he may be reduced as the minority PM or the PM under the article 42.2," said a constitutional lawyer.

Parliamentary systems demands leader of the party with majority to become Prime Minister. Thus, the elected leader of the parliamentary party is responsible for leading his party to general elections for public approval of the party manifesto.

The King has also developed under his own authority a convention since 1990 calling parliamentary party leaders in their capacity as party leaders rather than on their individual capacity.

Others disagree. "King cannot appoint new Prime Minister as long as the seating PM continues in office. A PM cannot be relieved off his office even after he\she is replaced as leader of parliamentary party," said senior advocate Sarbagya Ratna Tuladhar. (See box)

At a time when a weak Prime Minister is leading, the conspirators are playing political game in the dark room. This paves the way for anti-national forces to start the activities which are not in Nepal's national interest.

"If Prime Minister speaks his mind boldly, the situation would be different. Longer the problem persists, greater the chances of political instability in the country," said Sunil Kumar Bhandari, member of Nepali Congress Central Working Committee.

"As a PM who has lost majority in the parliamentary party, he has no other options but to resign," said political analyst Krishna Khanal. "He cannot recommend the dissolution of the House of Representatives as he needs to fulfill certain preliminary conditions laid down by the Supreme Court in 1995."

A decade ago then Prime Minister Koirala remained strong and determined when he sacked his five senior ministers without informing them. Ironically, Bhattarai today even lacks courage to accept the resignation of 11 ministers. This shows how the constitutionally weak Prime Minister lacks assertiveness.

In 1994 when Bhattarai's colleague pressured then PM Girija Prasad Koirala -- like Bhattarai is being pressured today, Koirala, instead of bowing down to anyone, recommended the dissolution of the House of Representatives and called for fresh elections.

With the interpretation of the constitution of the Kingdom of Nepal by the Supreme Court in 1995, the authority of PM to dissolve the House of Representatives has been curtailed and the PM has become a mere pawn in the hands of the MPs.

PM Bhattarai : Save my Chair

When Prime Minister does not have any authority to discipline his members and the party, every simple dispute may result in a political instability. Whoever the PM may be, he will have to keep the MPs in good humor.

Not only Bhattarai, every PM now will have to surrender to the MPs for their survival in the office. Sher Bahadur Deuba - the first Prime Minister to hold the office after reinstatement of the House of Representatives in 1995 - surrendered before MPs to continue in office.

Whether it is a majority, minority or coalition government led by anyone, as long as the authority of Prime Minister to dissolve the House of Representatives is not restored, political stability may continue to suffer. Westminster system of government requires strong executive and capable leadership.

The trouble had been brewing in the ruling Nepali Congress party several times during the last nine months. The last dispute was settled following a private agreement between Prime Minister Bhattarai and party President Koirala to hand over power peacefully.

Koirala camp was shocked when PM Bhattarai inducted former Speaker Ram Chandra Poudel as Deputy Prime Minister in the cabinet.

If a Prime Minister can not choose his own team, what decision can he take for the benefit of the people, asks a political analyst. Prime minister needs specific rights in the westminster system to discipline the members of parliament. Otherwise, it will become that of the erstwhile Rastriya Panchayat.

The battle among the Congress leaders for power was long in the making. But last week, reckless Koirala moved his game plan by asking his followers to register a vote of no-confidence motion in the parliamentary party against Bhattarai when one of the Bhattarai government's key architect former Prime Minister Sher Bahadur Deuba was out of the country.

Whether the current crisis in the Nepali Congress resolves peacefully or not, the party has once again shown that the lack of internal democracy has been its own undoing. "Our party has experienced similar crises in the past. This will also be settled amicably," said Naraharai Acharya, spokesman of Nepali Congress.

As the whole country has been held hostage by the infighting within the ruling Congress party, Bhattarai has to identify the political options before him and choose the one that is in the interest of the country.

"PM Has No Option but To Resign"

- Kusum Shrestha

Senior advocate KUSUM SHRESTHA is one of the renowned constitutional lawyers in the country. He holds the view that Prime Minister has no option other than to resign. Shrestha spoke to KESHAB POUDEL on different issues of present crisis. Excerpts:

What is the solution of the present political crisis?

After majority of MPs have already asked for his resignation, PM has no option other than to resign because the basis on which he was appointed PM under the article 36.1 of the Constitution of Kingdom of Nepal 1990 rests on him being the leader of the party that enjoys majority in the parliament.

What is the basis of the appointment of PM?

A person who is parliamentary party leader of party that enjoys majority in the parliament can be appointed Prime Minister. Therefore, only those persons can be nominated PM who have been appointed as parliamentary leader. According to article 36.1 of the Constitution, His Majesty shall appoint the leader of the party which commands majority in the House of Representatives as the Prime Minister and shall constitute the Council of Minister under his chairmanship.

As such what are the qualifications to be Prime Minister?

That means the qualification of continuing to be a leader of parliamentary party (which enjoys majority). The moment he loses the majority in parliamentary party or is removed from the leadership of parliamentary party ipso facto he ceases to be Prime Minister. The basis of being PM does not exist then. So far article 36.5 of the Constitution is concerned, this is not inclusive. It provides the vacation of Prime Minister who continues to be the leader of parliamentary party which has secured majority in the parliamentary party.

What will happen if PM loses his confidence in the parliamentary party?

As in the event, a parliamentary party while having majority in the parliament loses its majority for whatsoever reason, the person of the majority leader cannot continue to be the PM. Similarly, if he has been removed from leadership of parliamentary party, he automatically ceases to be a Prime Minister. Constitution is a living document which has to keep regards of the morality of the constitutionalism and has to be interpreted in its natural and realistic works keeping in view of constitutional principles prevalent in democratic world. In case of Madam Thatcher, she immediately resigned when she foresaw that her leadership was being challenged.

Box

Article 36.5 of the Constitution of Kingdom of Nepal 1990 states the Prime Minister shall be relieved off his office in the following circumstances:

a) if his resignation submitted to His Majesty in writing is accepted by him; or

b) if His Majesty relieves him off office in accordance with a no-confidence resolution passed by a majority of the total number of members of the House of Representatives pursuant to Article 59; or

c) if he ceases to be a member of the House of Representatives; or

d) if he dies

"There Are Still Possibilities Of Finding Out Satisfactory Solution"

- Sher Bahadur Deuba

Former Prime Minister and influential Congress leader SHER BAHADUR DEUBA is not happy with the recent development within the party. Known as key behind-the-scene manipulator of the present Bhattarai government, Deuba has emerged as strong second generation leader during the present crisis in the ruling party. He spoke to press upon arrival from his recent visit to Australia at Tribhuwan International Airport (TIA). Excerpts:

How do you look at the present crisis in Nepali Congress?

It is an unfortunate development. The no confidence motion against Prime Minister Bhattarai has been registered at a time when democracy is in a very fragile stage. Nepali Congress party workers must understand this situation. For a leader of Bhattarai's stature, who has made big sacrifice and contribution to the development of democracy in the country, it is inappropriate to pull him down disgracefully. We must treat Bhattarai as our leader of the party. I don't understand why a section of NC MPs registered no confidence motion against the PM. In any case, Prime Minister should be allowed chance to face the meeting of NC parliamentary party and put his views.

Is it (the no confidence motion) not the violation of private agreement reached last December between PM Bhattarai and party President Girija Prasad Koirala?

Yes, it is the direct violation of the agreement reached between two leaders whereupon Bhattarai had agreed to transfer power to Koirala in May/June. The agreement was reached in front of Ram Chandra Poudel, Sushil Koirala, Nona Koirala and myself.

Do you still see any possibility of patch up between the two different factions?

Yes, there are still possibilities of finding out satisfactory solution. I will make every effort to bring the two senior leaders together.

What is the reason behind your optimism?

I am hopeful that the two leaders will find the amicable and well-acceptable formula like in the past.

What suddenly prompted the no confidence motion against Bhattarai?

It was registered at a time when I was abroad on a trip to Australia. Prime Minister Krishna Prasad Bhattarai had already agreed for a peaceful transfer of power. Present action has violated the previous agreement.

When Prime Minister already seems to have lost majority in the parliament, is it not enough for him to resign?

As long as it is not proved on the floor of the House, Bhattarai can continue as Prime Minister. I do not support any move to disgracefully kick out the Prime Minister.

Can Nepali Congress continue being united?

We have a long history and we are always successful in finding out amicable solutions at times of such crises. This time, too, we can find out what is in the broader interest of the party.

Will Prime Minister Bhattarai resign?

We must respect his sentiments before making any decisions about him because Prime Minister Bhattarai is one of the much respected leaders of democratic movement of Nepal. He is our asset.