National 2 (Spotlight Weekly)

Playing With Fire

Girija Prasad Koirala's irrational outbursts could only destabilize the country's most stable and the oldest institution- Royal Nepalese Army (RNA)

By KESHAB POUDEL

Former Prime minister and president of the Nepali Congress Girija Prasad Koirala is the only politician who has been involved in the mainstream politics for the last five decades but this septuagenarian leader, knowingly or unknowingly, often plays the role of de-stabilizer concerning country's vital institutions.

Koirala - who cornered his one-time disciple turned competitor former Prime minister Sher Bahadur Deuba leading to a vertical split in the Nepali Congress party early this year - is now raising doubts over the constitutional provision of the RNA, which is currently engaged in a war against the insurgency to protect the people and the nation.

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Surprisingly, Koirala who has held the post of the Prime minister and Defense Minister for more than seven years chairing the National Defense Council had never earlier raised the matter regarding the RNA's accountability during his tenures. As soon as he was ousted from power, the seasoned politician, in his inimitable style, has needlessly raised doubts over the constitutional provisions dragging the army into controversy.

"The army must be placed under the parliament. If the House of Representatives is reinstated, we will amend the constitution paving the way to put the army and monarchy under the parliament," thundered Koirala at a mass meeting organized recently in Birtamod Jhapa, in the presence of some of his trusted lieutenants like Sushil Koirala, Chakra Prasad Bastola, Krishna Prasad Sitaula, Ram Chandra Poudel and K.B. Gurung, most of whom have on one or the other way been taking anti-army and anti-monarchy postures of late. Former deputy prime minister Poudel has record of anti-monarchical stand and he had resigned the day when then prime minister Koirala attempted to mobilize the army in Holeri against the Maoist last year. Former foreign minister Bastola also represents anti-monarchical lobby in the Congress.

"This raises the question how Koirala, who held the portfolios of prime minister and defense minister for such a long time, ruled the country without being knowledgeable on constitutional provisions. Who briefed him? Either he does not know the complication of constitutional provisions or he has been misguided or wrongly briefed by some half-baked lawyers. Had he known the constitutional provisions, Koirala would not have raised such ridiculous question," said a constitutional lawyer. "Under his own recommendation as a prime minister, late King Birendra appointed a couple of Commander-in-chiefs. What does all these mean? Did Koirala mean his position was not accountable to the parliament when he occupied the chair? Why is he presenting himself as the Mr. Confusion?"

Like all other representative democracy, the constitution of the Kingdom of Nepal 1990 also places the army under the command of elected prime minister and civilian control. As prime minister is accountable to the parliament, army naturally falls under its indirect control regarding its day-to-day affairs. Whenever any issue concerning army crops up, prime minister and defense minister have to defend the army in the parliament as well as outside it. As in all other democratic countries, elected representatives of the people enact laws that define the defense, its organization and policies. Parliament passes legislation that defines the scope of military activities. Royal Nepalese Army often states that they are mobilized as per the decision of the government.

The articles 118 and 119 of the Constitution clearly spell out provisions regarding the accountability of the army as both articles give rights to the elected prime minister on mobilization and other matters of the army. "I don't understand why has the former prime minister Girija Prasad Koirala raised such absurd issue at a time when the army men have been sacrificing their lives defending remote hills and waging war against insurgents. Instead of giving healing touch, senior politician Koirala seems to be stabbing the country's oldest and stable institution," said a political analyst. "Does Koirala want to give the army general a place in the House of Representatives to defend the military like in North Korea and China?"

Constitutional lawyers argue that the creation of the National Defense Council constituted under the article 118 itself, is to shift all powers over the army away from the King and to vest them in the prime minister and other officials (in other words emphasizing that the army should defend civil power, not Royal power), say lawyers.

"Among the members of the council, the prime minister acts as the chair over the other members of the council. The tradition in Nepal generally is that the prime minister himself keeps the portfolio of Defense Minister, and as he is in command of the army, and appoints the commander-in-chief in accordance with article 119, the constitution gives him the right to operate and use the army, for defense purposes, on the recommendation of defense council," write Surya PS Dhungel, Bipin Adhikari, B.P. Bhandari and Chirs Murgatroyed in the book Commentary on the Nepalese Constitution.

"Whilst the King is the Supreme Commander of the Royal Nepal Army, the commander-in-chief is the real authority for the control, organization and disposition of the forces in accordance with laws enacted by the parliament. The reference to the King in Article 119 is therefore ceremonial," explain three lawyers.

"The implication of article 119 is that the King has no power to maintain an army of his own, whether in peace time or in war time, and whether with the consent of parliament or without it. The king is to appoint the Commander-in-chief on the recommendation of the prime minister. This is the reason C-in-C has to be accountable to the prime minister."

The constitution gives prime minister the right to operate and use the army, for defense purposes, on the recommendation of the Defense Council. As the parliament passes the annual budget and other laws required for the army, the constitution clearly makes the army accountable to the parliament though the prime minister. According to the constitution, the establishment and management of the Royal Nepal Army, and other matters relating thereto are to be determined by law.

The King appoints a leader of the party, which commands a majority in the House of Representatives, as the Prime minister under the article 36.1. That means the prime minister is accountable to the parliament and army is accountable to the prime minister.

In the sharing of power, the article 35.2 gives sweeping executive power to the prime minister. The article says 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.

"The constitutional provisions clearly indicate that the parliament controls the Army through the prime minister. As the parliament sanctions annual budget required by the army and has power to amend the army act and pass the new one, I don't understand what type of authority Girijababu wants to give to parliament by rewriting the constitution," said a political analyst. "Such remarks will only create misunderstanding between civilian authority and an oldest unifying force."

The past twelve years of experiences have shown that defense minister and prime minister have defended the actions of the army in the parliament and outside. Even in earlier cases, the army chiefs were summoned by the parliamentary committees to reply questions on national security. Doesn't it indicate where the army is accountable?

By suggesting bizarre views, Congress leader Koirala and some communist leaders are harassing the army at a time when they are defending the country waging a strenuous war in the remote parts of the country. Koirla, who has already opened fronts against constitutional monarchy and his own party's former colleagues, is now opening another front that is more dangerous than the previous two. Doesn't Koiala have other important matters to attend to than raise such hazardous and meaningless questions?

Article 118 Provisions Regarding the Royal Nepal Army

1. There shall be a National Defense Council of Nepal consisting of the following as chairman and members:

(a) The Prime minister ñ Chairman

(b) The Defense minister ñ member; and

2. His Majesty operates and uses the Royal Nepal Army on the recommendation of the National Defense Council.

3. The establishment and management of the Royal Nepal Army, and other matters relating thereto shall be as determined by law.

4. The National Defense Council shall have the power to regulate its working procedures on its own

Box 2

Article 119 Supreme Command of the Royal Nepal Army and appointment of the Commander-in-chief

1. His Majesty is the Supreme Commander of the Royal Nepal Army

His Majesty shall appoint the Commander-in-chief of the Royal Nepal Army on the recommendation of the prime minister