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COVER STORY |
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COVER STORY |
POLITICAL
CRISIS King Gyanendra's decision
to dismiss caretaker Prime Minister Sher Bahadur Deuba and assume full executive powers
has formally set in motion the process of constitutional breakdown that started seven
years ago in the form of Maoist insurgency, which has already claimed nearly 5,000 lives.
As the country heads toward a precarious and unpredictable situation, the future of
constitutional monarchy and multiparty democracy hangs in the balance. Only a
reconciliatory approach would save the country and system from a free fall By BHAGIRATH YOGI When Prime Minister Sher Bahadur Deuba
signed the joint statement on behalf of the seven political parties last Sunday (September
29) saying that elections could not be held as scheduled on November 13, he could hardly
have predicted that it could boomerang upon himself. After a full four days, Deuba
recommended King Gyanendra to postpone the mid-term polls by over one year. After two days of intensive discussions,
King Gyanendra summoned Deuba on Friday (October 4) and reportedly sought his to
resignation "for failing to fulfill his commitment of holding elections in
time". Deuba refused to oblige and returned to Baluwatar. Within a few hours, His
Majesty addressed the nation late in the evening announcing that he had sacked the
"incompetent" prime minister, took executive powers upon himself and sought
recommendation within five days from the political parties regarding the names of people
with a "clean image" who would not contest the elections for appointment to the
new government. King Gyanendra's decision to dismiss a
popularly elected prime minister was bound to invite reactions, both positive and
negative. From little known, non-descript organizations and political personalities who
were in oblivion for the last 12 years to businessmen and professional organizations, all
came out to welcome to royal move as if it was a repeat of the coup d'etat conducted by
late King Mahendra in December 1960. Slowly, but gradually voices of protests also started
to be heard in the streets of capital as well as in other parts of the country. The royal proclamation (See box) not only
baffled the constitutional experts, it also raised questions about the very foundation on
which the 1990 Constitution of the Kingdom of Nepal was erected. The constitution, formed
in the aftermath of the people's movement the same year, had limited the monarch's role to
that of a figurehead and declared the sovereign people as the source of state power. While the political parties were restrained
in their immediate reactions, after a series of consultations half a dozen political
parties represented in the dissolved parliament urged His Majesty to rectify what they
called "errors" in the royal declaration. The Nepali Congress, CPN-UML, Rastriya
Prajatantra Party (RPP), Nepal Sadbhavana Party, Nepal Workers and Peasants' Party and
People's Front Nepal, held the King's assumption of executive powers as
"unconstitutional" and urged the monarch to rectify it. The parties also insisted that the
executive powers should be transferred back to the people as per the letter and spirit of
the constitution. They demanded that the new prime minister should be appointed as per
Article 128 of the constitution and that he should be given a free hand in choosing
cabinet members. The parties said the constitutional monarchy should express its
commitment to multiparty democracy and political parties should always remain committed to
the constitutional monarchy in a continuous way. Though the royal response to the political
parties' request was not clear till the writing of this story on Wednesday morning, the
mainstream parties' decision to work in tandem with the monarchy was no less an
achievement of the 12 year long democratic exercise. At a time when the underground Maoist
party has launched a violent insurgency with the declared objective of making Nepal a
"people's republic", the political parties - ranging from "ultra-left"
Jana Morcha Nepal to "rightist" Rastriya Prajatantra Party - have stood together
to protect the country's constitution. "As constitutional complexities have
emerged in the present situation, the country must find a political way out through
dialogue and consultations," said Narahari Acharya, a Nepali Congress leader.
"No solution can be worked out by undermining the people's achievements and heading
toward regression." Crisis of confidence between the political
parties and the King would only further destabilize the country at a time when no
institution, on its own, is strong enough to face impending crisis, warn critics. It is
most likely that a fresh conflict between the monarchy and democratic forces could be
hijacked into a "republican agenda" by the Maoists. The indications of which are already more
than obvious. A day after King Gyanendra sacked Deuba and put on hold the mid-term polls,
top Maoist leader Comrade Prachanda issued a statement saying that the King's latest
decision was the final blow to the achievements of the people's movement of 1990. "It
also marks the start of open feudal regression," Prachanda said. He also noted that
the royal proclamation did not mention any thing about what he said major issue of
"civil war" within the country and appealed to ignore "the carrot dangled
by feudal elements". The Maoists had declared, in the aftermath
of June 1 tragic incident at the Narayanhity royal palace, that a "republic"
state had dawned in Nepal and that there was a need to institutionalize it. Though the
Nepalese people managed to overcome the crisis in a remarkable way and continued their
faith in the institution, it would be better for the Nepalese monarchy to avoid any
adventurous step that would disrupt its popular support base, say experts. "King Gyanendra stands today between
the republicans of the far left who want to do away with the monarchy altogether, and the
fawning of the so-called royalists, seeking lost privilege and short-cuts to power. In
between lies the larger polity, represented by the mainstream political parties, which
desired a kingship without wanting the incumbent to be too adventuresome," wrote
Kanak Mani Dixit, editor of Himal South Asian magazine, in the recently published book
"State of Nepal".† "The three decades of authoritarian monarchy was a
failed experiment and as a modern king of a poor country in the midst of chaos, King
Gyanendra can do little else but support the Parliament and politicians in making this
democracy function and deliver." International response to the present
political crisis in Nepal also made it clear that Nepal's friends as well as neighbors
want both the constitutional monarchy and multiparty democracy to work together.
"India has always believed that there are two pillars for stability in Nepal -
multiparty democracy and constitutional monarchy - and both these pillars should remain
strong," said an official statement issued by the Indian government within 24 hours
of the royal proclamation. "The Government of India† expresses hope that the
present crisis in Nepal will be resolved soon within the framework of constitutional
processes, paving the way for elections at the earliest and installation of a
democratically elected government in the interest of peace, stability and development in
the Himalayan kingdom." While the northern neighbor, China, refused
to comment on recent developments in Nepal terming it as "an internal matter",
major western powers including the US and UK could be seen toeing the Indian position
broadly. Japan, European Union and other friendly countries have also been emphasizing the
institutionalization of democracy and† co-existence of popular forces and monarchy in
Nepal. It is obvious that the Deuba
administration's "extra-constitutional" recommendation to postpone the polls -
on the basis of an all-party consensus - has triggered a fresh political crisis in Nepal
(See separate story). But those watching political developments within the country and in
the region had warned of Nepal's fast-forward entry into yet another phase of political
instability well in advance. In his article published in Himal
khabarpatrika 18 months ago (14-28 April, 2001), eminent constitutional lawyer and
political analyst, Ganesh Raj Sharma, had written that democratic system in South Asia was
facing serious onslaught amid growing religious fundamentalism and growing militarization
in the region. "Nepal has already entered a cold war between its neighbors and
strategic interests of its two giant neighbors have always been manifested in Nepal's
every political upheaval since 1950," said Sharma. "(Unfortunately), Nepalese
political forces have turned out into captive of compulsions of unseen forces and have
been contributing toward further chaos in the country instead of facing them
unitedly." As Nepal's 12-year-long tryst with
democracy is on the verge of collapse, the country's independence and sovereignty also
face unprecedented challenges in the entire history. Upon his return to country in 1977,
late B. P. Koirala said monarchy and democracy were indispensable for each other's
existence in Nepal. Stepping on his footsteps, former prime minister and Nepali Congress
president Girija Prasad Koirala has also avoided confrontation with the monarch and has
made it possible what he described as "Broad Democratic Alliance" over the last
few months. But such positive developments seem to wither away amid the strong winds of
political uncertainties and deep-rooted crisis of confidence among political actors within
the country. Is Nepal destined to repeat mistakes
committed in the history and face the consequences? Only time will tell. Royal Address Beloved Countrymen, The greater good of
Nepal and the Nepalese people is our only goal. History is witness to the fact that the
Institution of Monarchy in Nepal has always been guided by the wishes and aspirations of
the people. We have, time and again, expressed our commitment to democracy and we would
like to assure our countrymen that democratic ideals will always continue to guide us. It is known to all that in keeping with the
tradition of the Shah dynasty to remain ever dedicated to the paramount welfare and
progress of the Nepalese people, the democratic multiparty polity was reinstated in the
Kingdom in 1990 in accordance with the wishes of the Nepalese people. It is also clear
that during the 12 years since its reinstatement, a number of political exercises have
been adopted for the consolidation of democracy. In this spirit, we had, at the
recommendation of the Prime Minister, dissolved the House of Representatives on May 22 and
set November 13 as the date for elections to the House of Representatives. The Prime
Minister, who was entrusted with the task of conducting the general elections, had made a
submission to us for the removal of difficulties under Article 127 of the Constitution of
the Kingdom of Nepal, citing the current adverse situation prevailing in the country as
the reason for not being able to hold the general elections on the stipulated date in
accordance with Article 53 (4) of the Constitution. This led to a constitutional
difficulty and void, creating a complicated situation in the country. As it is our responsibility to preserve
nationalism, national unity and sovereignty, as well as, to maintain peace and order in
the country and also to ensure that the state of the nation does not deteriorate for any
reason, a situation has arisen wherein, by virtue of the State Authority as exercised by
us and in the spirit of the Constitution of the Kingdom of 1. Prime Minister Sher Bahadur Deuba has
been relieved of his office as of today, October 4, 2002, for his incompetence in not
being able to conduct the general elections on the stipulated date, and the Council of
Ministers dissolved. 2. The general elections to the House of
Representatives to be held on November 13 this year have been postponed. As it will take some time to make new
arrangements, we will exercise the executive powers of the Kingdom of Nepal until such
arrangements are in place and we ourselves undertake the responsibility of governance in
the country. We are confident that the political parties
will extend cooperation in constituting a new Council of Ministers by sending
recommendations, within the next five days, of persons who have clean images and who will
not be participating in the forthcoming general elections. We will never allow the commitment and
allegiance to Constitutional Monarchy and the multiparty democratic polity to be
compromised. The government to be constituted will make adequate arrangements for peace
and security as soon as possible and conduct the general elections. There is no need for security personnel,
civil servants or the countrymen to deviate from their responsibilities and duties. We are
confident that everyone will fulfill their duties from their respective places and that,
with the best wishes of the Nepalese people, all will be well. May Lord Pashupatinath bless us all! |
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