National 2 (Spotlight Weekly)

Supreme Agenda

The Constitution of the Kingdom of Nepal can be a one-point agenda to overcome the present political crisis

By KESHAB POUDEL

Agitators : Common voice for the constitution

In the history of Nepal’s democratic movement, this is for the first time when such a large number of people have supported a demand of five agitating political parties for the activation of the Constitution of the Kingdom of Nepal 1990.

From 87-year-old Chhaya Devi Parajuli to teenage students and from senior political leaders like Ram Hari Sharma to groups of lawyers, doctors, journalists, teachers and trade union workers, all are taking part in the agitation chanting slogans for the activation of the constitution..

Even just after the political movement of 1990 and during the process of constitution making, one could hardly see such level of unprecedented support in favor of this Constitution. Communist parties including the main opposition party CPN-UML, which only gave a conditional support to the document, is now launching agitation demanding its activation. This is one of the major successes of ongoing political struggle.

The Constitution that had received the Royal seal by the monarch is now receiving blood-support from the people - proving that this is one of the most popular documents of the country. Demonstrators are shedding their blood in the streets between the roads of Royal Palace and Singha Durbar demanding the restoration of constitution.

At a time when the five agitating parties and people from different walks of life are pressing for one point agenda at the streets of capital urging to activate the constitution, King Gyanendra - who is leading an institution of monarchy with centuries old history and tradition to rule as per the consent of people - is said to have demanded a common political agenda in a series of meeting with various political leaders.

“When I met the King, he asked me to present a common political agenda so that the present political stalemate can end,” said CPN-ML leader C.P. Mainali. “The King argued that a common agenda for peace, elections and good governance is the need of the hour.”

In his address to the nation, the monarch has, time and again, publicly expressed his commitments towards constitutional monarchy and multi-party democracy. Why cannot the Constitution of the Kingdom of Nepal 1990, which can produce government, judiciary, legislative; and guarantee constitutional monarchy and multi-party democracy, be made a common agenda at this critical juncture is a million rupees question.

The constitution, which is based on four fundamental principles including constitutional monarchy, multi party democracy, independent democracy and human rights, is capable to provide power, status and role to all the concerned parties including the King and the political parties.

“When monarch does not see popular document lying in front of him as a common agenda, who can guarantee that searching for new common agenda will be acceptable to all? Nothing can be as supreme an agenda as the present constitution at this juncture,” argued a political analyst.

If King Gyanendra accepts the Constitution as a common agenda and asks political parties to explore solutions within it, the controversy regarding the role of monarchy will die down. Demanding and exploring newer agenda will only create controversies and confusions. “If this constitution cannot be regarded as a common agenda, no other agenda will work for five agitating parties and other political forces with diverse interests,” said a political analyst.

Many issues - which have been raised by King Gyanendra in his various public addresses - are included in the constitution under Directives and Policies of State. The article also pursues state policies. From good governance to the welfare of people and maintaining tranquility and order in society, the constitution also proposes development policies and priorities.

At a time when all political parties and people are pressing for the need of only one agenda - activation of the Constitution of Nepal – groping in the dark for new ones will only add problems.

Despite their 18-points common agenda, which include many controversial points, political parties are also stressing for the only one agenda: activation of the constitution. “Once the constitution is activated, we will call off our agitation. Since we are talking about the need to activate the constitution, there is no room for republic,” said former prime minister and the supreme leader of five agitating parties Girija Prasad Koirala. “We have already said that this constitution is the only one agenda for negotiations.”

When all political forces are supporting the agenda of activation of the constitution, the negotiations should start by putting the constitution as a meeting point. Confidence building measures should be taken from both the sides so that a conducive environment would evolve. For the purpose, palace and political parties should maintain certain restraints in their actions and behavior.

“King Gyanendra must give up his prejudice against any individual political leader and political leaders, too, must give up their anti-monarchy slogans,” said the analyst.

Along with providing a role for the King, the political parties, the executive and the judiciary, the constitution guarantees the fundamental rights and press freedom. One of the important characters of the constitution is that it puts constitutional monarchy, multi party democracy and rights of citizen as unchangeable foundations.

“Instead of playing the politics, King Gyanendra must show his real sincerity to settle the ongoing crisis through present constitution. Agitating parties must be given the right to choose the prime minister and ministers,” said CPN-UML general secretary Madhav Kumar Nepal. “Once King Gyanendra agrees to give up his active role, the anti-monarchy slogans will die.”

Unlike in previous political struggles when abrogation of constitution remained main agenda, this time the demand is opposite. From a political party like Nepal Sadbhavana Party that had burnt certain articles of the constitution in the past to the United People’s Front that is supporting Constituent Assembly – all have joined the agitation demanding the activation of existing constitution giving up their earlier stands. “Although there are limited rights given by the constitution, it is still a progressive document that can guarantee the rights of people. We want to preserve these rights established by the People’s movement of 1990,” said Amik Sherchan, convener of the United People’s Front – a radical leftist outfit. “The constitution must be activated before beginning any political dialogue.”

Appointed under the Constitution of the Kingdom of Nepal 1990, Prime minister Surya Bahadur Thapa is the chief executive but his role seems to be minimal in the present political context. Prime minister Thapa should be given the role to defend the monarchy rather than monarch himself having to come out in the open to defend him.

Constitution : Popular document

At the party level five agitating parties have different agenda. It is natural to have different agenda in a multi-party democracy as political parties contest elections on various distinct issues. If the King announces the agenda under the suggestions of some of the parties, it is going to be Royal agenda not a common one.

The constitution demands politicians who can mobilize the people and who have organizational capability. Only through the participation of such political parties, the constitution can be activated.

Immediately after the activation of the constitution, political parties will indulge in power struggle and communists will then be the main rivals of Nepali Congress. During the elections, Nepal and Koirala will be main rivals and the institution of monarchy will become non-controversial.

As agitators have already shed a lot of blood for the Constitution of the Kingdom of Nepal in the last one and a half years, there is no supreme and powerful agenda to overcome the political agenda than this constitution – which gives due respect to the institution monarchy as well as good place for the Royal Nepalese Army; and political roles to political parties. The constitution guarantees fundamental rights to individuals including those who rebel against the constitution without any discrimination through independent judiciary. Can there be any other supreme agenda than the activation of the Constitution of the Kingdom of Nepal?