Responding to a query by BBC Nepali Service, June 6, 2012, the former Chief Justice and the main architect of the constitution of 1990, Honorable Bishwa Nath Upadhyaya claims that with the fall of the institution of monarchy, a sort of political vacuum prevailed which at best resulted in political a deadlock and the present day Nepali society, a fractured one, remains in a frustrated state.
Justice Upadhyaya, however, claims that he is not in favor of revival of the 1990 constitution.
“Some people have begun accepting that the institution of monarchy remained as a unifying factor between various ethnic communities. With the fall of monarchy the present situation is there for all to see. What say you”, Rabindra Mishra asks for BBC.
“Yes, indeed. It was a well established institution. People had trust in that institution. With its fall a sort of vacuum was created. We failed to fill in the vacuum. I am not a person who is a royalist but I always believed that we should have created an institution or we should have a political figure that people trusted like they did to monarchy. We should have been very careful while doing away with the institution,” replies Justice Upadhyaya.
“But there are also people- both experts and common men who put entire blame on the institution of monarchy for age old marginalization and discrimination of various ethnic and linguistic communities”, Rabindra asks further.
Replies Upadhyaya, “These are not based on facts. We should critically analyze the history of monarchy in Nepal. Let us also see examples from countries elsewhere. I do not believe that the Shah Kings of Nepal had behaved unlawfully with the people compared to other countries. Indeed the institution is a feudal one. For example Prithivi Narayan Shah came to Kathmandu but he kept the cultural tradition of Kathmandu intact. He used to take blessings from Goddess Kumari. He adopted Machindra Nath. He went to observe Bhoto Jatra. I think no ruler has ever adopted the tradition of the country he has won. I think we possess no moral to criticize him.”
“You will be labeled as a reactionary now,” reminds Mishra to justice Upadhyaya.
“This is what I am”, responds a calm and cool Upadhyaya.
“Are you ready to be labeled with the tag of a reactionary,” Mishra pokes further.
“Can they prove that from Prithivi Naryan Shah to the present King they all exploited the population”, questions a determined Upadhyaya.