National 2 (Spotlight Weekly)

Groping For Solutions

In absence of popularly elected parliament, no other alternatives can work to sort out the political confrontation

By KESHAB POUDEL

In the last one and a half year, the country has seen innumerable formulae and roadmaps to end the political impasse. From recent seven points proposal of King Gyanendra to nine points roadmap of CPN-UML; from national consensus formula of ruling Rastriya Prajatantra Party to 18 points common agenda of five agitating parties; all ideas were mooted in the period but none has delivered yet.

In all these different proposals, except in the 18 points proposal, what is lacking is the core question of exercise of authority. The proposals mooted in different times and tailored to suit that time, are short lived since they are only aimed at choosing another “clean and efficient” government. When even the government chosen by the elected representatives cannot be “clean and efficient”, it will be very difficult to see such qualities in the nominated governments under the guidance of unaccountable bodies.

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Following the dismissal of Sher Bahadur Deuba government terming it ‘incompetent’ by King Gyanendra, the country has seen two nominated governments but the political stalemate continues and the quest to form the new government is still under trial.

Since the governments, which were appointed by the King, cannot exercise the legislative power in making new laws, they have to rely on ordinances. As there is no elected legislature, the country is governed under the ordinances, which are valid only for six months.

Despite choosing two prime ministers in the last one and a half years by the King, the country is yet to find political stability and respite from violence. Instead of defending and popularizing institutions of monarchy, the two governments survived on its popularity.

As long as the country does not have elected House of Representatives, King has to appoint prime ministers through pick and choose basis in every six months buckling under the street protests and pressures. This action can inevitably push monarchy into political controversy and country into political chaos.

“When there were elected prime ministers who successfully defended the monarchy even in the crucial period like that of Royal massacre, King did not have to defend those governments as well as the institution of monarchy. The situation, however, is different now. His appointed prime ministers and ministers get credit for good works and the King has to spend his goodwill to support those governments.

“Revival of the dissolved House of Representatives is the only way to bring the derailed constitution to the right track and enhance the glory of monarchy,” said Congress leader Ram Chandra Poudel. “At a time when no government is in a position to hold general elections, King’s continual involvement in appointing the prime ministers and ministers will place him in controversy.”

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Although former prime minister Lokendra Bahadur Chand resigned following his inability to announce the general elections and present prime minister Surya Bahadur Thapa is also walking along the same track, King has to face criticisms for their failures.

“The law and order situation has improved and we will hold the elections in a few months time if political parties do not disturb us,” said the Minister for Information and Communication Kamal Thapa. In his last seven months of tenure, this is his 12th public statement expressing commitment to hold the elections.

Prime minister Thapa and ministers like Thapa, who have been cautioning the leaders of political parties, have made efforts to defend King but their voices have little impact since they do not have the backing of popular support. A month ago, prime minister Thapa even pushed the monarchy into controversy over the appointment of chief elections commissioner.

“As long as the King chooses prime minister on his own and as per his wish, monarchy has to bear responsibility for the actions of the government,” said Sunil Kumar Bhandari, Central Committee member of Nepali Congress. “In a situation when the elections cannot be held for House of Representatives, reinstatement is the only way to place the monarchy out of controversy.”

At a time when the controversy is growing, CPN-UML, which supports 18 points agenda of five agitating parties including the reinstatement of House of Representatives, has proposed a roadmap stressing to form all party government. But the proposal is unclear on which basis all party government can be formed. If the King accepts UML proposal, it will again put the country amid similar political disputes.

“Our roadmap will save the country and secure the peace,” claimed CPN-UML general secretary Madhav Kumar Nepal, whose proposal pre-empts Nepali Congress president Girija Prasad Koirala’s demand for the reinstatement of the House of Representatives. ”We are ready to write new constitution to bring the Maoists into mainstream.”

Although Congress is a major political force in the country, UML did not bother to consult with Nepali Congress before announcing the ‘roadmap’. Although Congress president is yet to officially respond to UML’s roadmap, Congress leaders seem to be preparing to take them together.

“CPN-UML’s proposal has nothing new as the government has already proposed similar kind of alternatives,” said minister Thapa. “Any government formed under the article 127 will have similar status as ours. Since the Supreme Court also endorsed the dissolution of the House, only option is to hold the fresh elections,” said Thapa.

If Afghanistan’s Loya Jirga, which represents clerics and religious leaders, can be summoned as a legitimate body to endorse the new Constitution, what is wrong here to revive the dissolved elected House of Representatives to perform the legislative functions.

At a time when the army is mobilized in the country to restore law and order and to quell Maoist insurgency, they require popular backing to make their operations effective. The army might have strength but it cannot win the war without popular support.

Like the institution of monarchy, the army, too, has to defend itself for its operation since the current nominated government does not have popular support to defend them. As long as the government was under the elected representatives, these two institutions hardly had to face any criticism.

In the last one and a half years, the country’s two powerful institutions are standing in front of prime ministers to defend them instead of vice versa. “Of course, the politicians are responsible for all the present political mess. If elected representatives are not committed to the people, nominated government can not clear the mess?” said an analyst.

Since the Constitution of the Kingdom of Nepal does not envisage legislative without elected representatives, every nominated government will have to rely on ordinance. From levying new taxes to framing new laws, ordinances are only temporary measures and it cannot be properly performed without the existence of the House of Representatives. The issues like ratification of World Trade Organization (WTO) membership and SAFTA will also have to be dealt by the parliament.

Although it seems unrealistic to some, the only way to bring the country to the right track is to have the House of Representatives in place, either through elections, if not possible then, through the revival. When other options seem to be of little impact, octogenarian Congress leader Girija Prasad Koirala – who has consistently been demanding for the reinstatement of the House - seems to have a solid political ground.