The Suicidal politics in Nepal
By Devendra Nepali: Regardless of what appears to be, the illegitimate republic and the illegitimate administrator of federalism, clad in a cloak of democracy, is autocratic. Some incidents that have taken place in the country have proved it further. Recently a leader of CPN (UML) issued a threat to imprison King Gyanendra Shah. Recently, Unified CPN (Maoist) vice chairman and incumbent Prime Minister Baburam Bhattarai issued an order for wanton baton charge over a peaceful rally led by his party’s general secretary, Ram Bahadur Thapa (Badal). The general secretary was hit on his head. Some days before this incident hundreds of youth from Kathmandu, Lalitpur and Bhaktapur were preparing for a peaceful motorbike rally from Bankali demanding constitutional monarchy and implementation of the 1990 constitution. Under order from the Maoist led government the valley police disturbed the rally. Hundreds of youths preparing for a peaceful rally were illegally detained.
These incidents prove that the illegitimate administrator of republic and federalism, clad in a cloak of democracy, is a dictator. It is clear as daylight their strategy to keep on tricking people and advocate democracy until their long cherished objective (full fledged dictatorship) is achieved. In democracy individual, organization, institutions or anyone would have the right to express one’s opinion peacefully and demonstrate. This right is preserved from birth as legitimate. In any part of the country the people have right to travel, communicate and exchange opinions, whether it’s yesterday’s king or a common individual; a Prime Minister or a common citizen. It is dictatorship to forcibly snatch others right.
In democracy only the rights commissioned by the constitution and law are binding, and wanton use of illegal acts is not carried out. The ruling class does not initiate any act outside the jurisdiction of law and that which has no legal foundation. Those self proclaimed Gods of faith of this country have from the beginning imposed republic setup, federalism and secularism system over the people, which are illegitimate, and products of forceful system as will be made clear further through reasons mentioned below.
The demand and goal of the 2005/06 uprising was the re-establishment of parliament, which was elected as per the 1990 constitution, and untimely abolished under various reasons. As per the agreement reached with the then king Gyanendra and the political parties on 24 April, 2006, the parliament was reinstated, and the people took out a victory rally. Then the Maoist party had called for continuity of the uprising until the formation of Constituent Assembly (CA), which the Nepalese people rejected. In accordance with the demand of the sovereign people, the then king and the political parties reached a consensus and the parliament, which was elected as per the 1990 constitution and untimely abolished, was reinstated. The Prime Minister elected by the parliament took oath of office from King Gyanendra after which the legitimacy of the government was established. All political parties including the Maoist participated in the reinstated parliament which gained legitimacy as per 1990 constitution. A joint government was formed which worked as per 1990 constitution.
There was no such provision in the 1990 constitution allowing the members of the parliament the right to abolish or dissolve the constitution. The members that were nominated and reinstated did not have constitutional right nor were they mandated by the people to abolish the 1990 constitution and introduce the interim constitution, neither was it a demand of the 2006 uprising. This fact establishes that some officials of the political parties, coming under the influence of their personal motives, against the demand, sentiment and desire of the 2006 uprising, imposed republic over the people. The reinstated parliament in a tone of sufferance declared that if a girl is the eldest child of the king also, she could be enthroned. The interim constitution 2006 formulated illegally by the parliament had accommodated room for the royal institution; the only difference being the removal of the king’s executive power.
Although the parliamentarians did not have the right to abolish the 1990 constitution, the historical facts prove that they tore it using forceful illegitimate and underhand way. The imposed republic is unconstitutional in the sense that the person that presented the proposal of republic at the first session of the CA was not its member. The article 64 of the interim constitution 2006, formulated illegally, stipulated that the term of CA, even before its election, to be not more than two years. Despite which the illegitimate CA members extended the term making it four years. Within these four years, the CA members and the political parties have already taken Rs.700 billion. Such extravagance and illegal works are not accepted in any democratic country in the world. The CA, parliament, cabinet, president and vice president with a tag of illegally extended years are not legal representatives of the people.
The mentioned facts substantiate the claim that republic system is illegitimate. It is clear that the republic system imposed on the country by forceful and illegitimate removal of the 1990 constitution is proved. Now everyone is conscious of the attempt of current republic system’s administrator to enforce dictatorship by wearing a cloak of democracy. The mentioned series of events also establishes another fact. The administrator of the republic in awareness of the failure is agitated, and in recognition of the impending demand of people for truth, is attempting to hide the failure by use of threats and force. The base of the work of the republic’s administrator is illegitimate. So they are accustomed to undemocratic and illegal acts. They believe that they can always keep the people in illusion. There is a accepted truth–’some people can keep all others in illusion for some time but those ‘some individuals’ cannot forever keep all other individuals in illusion.’
The people have already understood that republic, federalism and secularism are not only illegitimate but a forceful imposition of dictatorship which is fatal to the nation. Republic is a system for electing head of state. Whether the head of state is given the executive power or not, whether the election is direct or indirect, Nepal’s current political, socio-economic scenario– where hundred and three castes survive, various regions exists with a variety of political parties– will give rise to conflict when the question of selecting the candidate for head of state from such castes, region and political parties will rise. This will render the nation unstable. The geo-political and ground level economic situation clearly shows that foreign power will use all its power to bring a puppet head of state. This will invite a huge strife in the nation that would threaten its very existence.
The 1990 constitution was established by the people after the first people’s uprising in 1990. The second uprising held in 2006 reestablished the concept of national reconciliation, integration of tradition and modern science, and the system of constitutional monarchy and multi-party democracy that supported the geo-political reality. There are two scenarios prevalent in our country: the first being democracy, legality and national unity as established by the 1990 constitution, and second the scenario of national disintegration, illegitimacy, undemocratic system, impunity, hatred, prohibition and conflict introduced by the administrator of dictatorial republic. The experience of the past few years has shown that republic, federalism and secularism, in the context of Nepal, are the systems that provide ground for some individuals to drain state treasury, destroy the country and become stooge of others.
The people will not remain in illusion for always. There will be liberation from the illusion of dictatorial and anti-nationalist republic, federalism and secularism wearing the cloak of democracy. The interim constitution 2006 was not drafed by the Nepalese people, judiciary, military and civil institution. They existed before the drafting of the interim constitution 2006. When the term of the interim constitution expires (which has already expired) the system of presidency, vice presidency and the cabinet will expire with it. The people, judiciary, military and civil institutions will always remain to save and run the nation as per the 1990 constitution.
Devendra Nepali Senior Advocate-Nepal