National 2 (Spotlight Weekly)

No Check No Balance

After the amendment of work performance regulations, prime minister Sher Bahadur Deuba secures vast authority without any accountability

By KESHAB POUDEL

Following the amendment of the Allocation of Business Rules and Transaction of Business Rules 1990 by King Gyanendra as per the recommendation of Prime Minister Deuba, the country seems to be heading towards absolute authoritarianism.

Although the ruling party Nepali Congress (Democratic) and its allies CPN-UML see the amendment as a major victory in their battle for power sharing with the King even as the other four agitating political parties including Nepali Congress regarding it as nothing more than a ploy, the amendment of regulations will put the full authority of the country in the hands of a prime minister who does not have to bear any accountability.

PM Deuba : Unbridled rule ?

When the country does not have elected House of Representatives to check the exercise of power by the government, the King is the only one who could have done so and rein in the unlimited power of the prime minister. But with this amendment, Deuba is free of any accountability.

With the dismissal of prime minister Sher Bahadur Deuba in October 2002 by King Gyanendra, the constitutional status of the subsequent governments had changed.

According to the Constitution of the Kingdom of Nepal 1990, there are only three provisions for the appointment of the government and the Article 36.1 and 42.1 and 42.2 related to the formation of the government can become active only when the House of Representatives is constituted. In an unprecedented political circumstance, King exercised Article 127, an article regarding the power to remove difficulties, to dismiss the elected prime minister and appointed prime ministers on his own.

In this unusual circumstance, King Gyanendra had to be given a role to maintain check and balance. So the regulation was amended in 2002 giving certain authorities – which were earlier exercised by elected prime ministers – to the King. But this time, under pressure from likely ally Unified Marxist Leninist (UML), Deuba restructured the regulation to pre-October 2002 status.

“A power without accountability is tyranny. By making a nominated prime minister all powerful, we are paving the way to make a new Jung Bahadur ( a dictator),” said an analyst. “Such authority should be given only to the elected prime minister who is controlled and sanctioned by the House.”

The Article 41.1 of the Constitution spells out the conduct of government business. Under this provision, the allocation and transaction of business of government shall be carried out as set forth in the rules approved by the King.

Allocation of Business Rules and Transaction of Business Rules 1990 determines how the cabinet is managed and defines the role of ministers. Most of the major matters are dealt with in accordance with these Rules.

At a time when the constitution functions normally, the parliament performs the role of maintaining check and balance. Members of parliament can demand information about any administrative decision from the minister in charge of the ministry or departments. Along with full house, there are committees and sub-committees - which sanction the government. As long as the prime minister is accountable to the parliament, the parliament checks the decision taken by the prime minister.

Appointed under the article 127 of the Constitution by King Gyanendra, prime minister Deuba is not accountable to anybody. Since there is no parliament, the King could have played the role of maintaining check and balance.

For prime minister Deuba, giving certain role to the King on major national issues would also have safeguarded him to keep away from undue pressure from internal and external power.

After the amendment, King Gyanendra does not have any option now other than to accept the decision taken by the prime minister. When prime minister holds absolute power without any hindrance from the King and parliament, anything can happen against the national interest.

The power without accountability and power without check and balance always invites tyranny. Following the amendment of the regulations Prime minister Deuba has absolute authority He is neither accountable to the parliament nor to the King.

King Gyanendra has compromised with the political situation. He appointed Deuba – who was dismissed 18 months ago on charges of incompetence - as a prime minister again. Giving up his hold on power, King Gyanendra further loosened his grip on his authority by accepting the amendment proposed by prime minister Deuba.

Had King Gyanendra revived the dissolved House of Representatives as demanded by Congress leader Girija Prasad Koirala, perhaps the King would have found better place to hand over his authority - to a body accountable to the people.

Recent political decisions have neither strengthened the institution of monarchy nor the parliamentary system.

Since prime minister is sharing power with the monarch, other political parties, too, should have understood his limitations. “This is not an elected government accountable to the parliament and this is a government with similar constitutional status like those of Lokendra Bahadur Chand and Surya Bahadur Thapa,” said an analyst. “Then, why only this government is given such unlimited power? If the King had handed over the power to the elected prime minister accountable to the people, no one would have worried on the misuse of power.”

CPN-UML leaders had demanded dismissal of the government led by then prime minister Girija Prasad Koirala – who was elected by parliament - in 2001 charging that he was turning into a dictator. However, at this juncture, when there is no parliament and there is a clear possibility of rise of tyranny with unlimited power at hand, CPN-UML leaders are seeing Deuba’s appointment and his decision to amend the regulation as a victory of democracy.

“Prime minister Koirala has presented himself as a modern-day Jung Bahadur by rejecting demands for his resignation. If the King (late Birendra) continues to back him, people will oust monarchy along with Koirala,” Madhav Kumar Nepal, general secretary of UML, had said (see Kantipur daily 7 May 2001).

“After the amendment of the regulations, the process of correction of regression and restoration of the rights of the people has begun and it has paved the way (for us) to join the government led by prime minister Deuba,” Nepal said last week. Nepal, knowingly and unknowingly, seems to have forgotten that the unaccountable power can give birth to dictator.

Since the country is passing through an unprecedented phase without elected parliament and Supreme Court is in no position to intervene the government, who will check the unlimited power exercised by prime minister Deuba. This is the burning question that is haunting everybody.

Under pressure from visible and invisible forces, prime minister Deuba –who has no safeguards - may be compelled to sign any treaty with serious implications for the future of country.