Self-terminated Feudal Monarchy & Need to Declare Nepal a Federal Democratic Republic

Prakash Bom

People change but the sovereign who regresses eventually vanishes.  In order to survive the sovereign must have farsighted vision not for oneself but for the people. The sovereign whose legacy has never been for the people but for oneself, for one’s family and customary counsels must lead itself to the self-termination.  This is the fate of the feudal monarchy of Nepal. Republic setup is inevitable.  People have taken further historic steps towards their freedom with their demand for the Federal System of Government.

Survival of the institution of a feudal monarchy in this 21st century is very slim, almost no chance. Those institutions of monarchy which have established their successful democratic monarchical foundations with the social democratic evolution of 20th century have become equal citizens of their nation. There are those who are still almighty with their power of wealth, fallacies of their traditions and faith in third world will dig their own graves eventually if they fail to come to the equal term with the people. This is what could have saved the institution of monarchy of Nepal if it could have found the equal terms with the people during last fifty years of people’s socialist democratic evolution.  Had it adapted the secular and the humanist values instead declaring Nepal a Hindu state; had it recognized the multi-ethnic, multi-religious, multi-culture, multi-lingual society of Nepal; had it honestly respected the electoral democratic process – “where it could have been now!”  The members of the institution of feudal monarchy and their counsel members had always been fanatic feudal upper caste Hindus and upper caste ethnics.

The structure of the counsel was oligarchic and its appointments were based on nepotism and favoritism. That is how the monarchy divided people categorically from the first class citizens, to the second and the third class citizens.  As a matter of face, its government treated common people as the third class citizen in its practice.  This even has occurred in 21st century. People expected change from the modern and educated late king Birendra.  Nevertheless, the people believed that he was hindered by the status quo of the establishment and unfortunately he paid the price with his entire families’ massacre.  Gyanendra, the power stripped monarch took the thrown after the massacre as his destiny to become the absolute king.  The heritage of feudal monarchy could not change its course to come to the equal terms with the people of Nepal even in 21st century. The legacy of the feudal monarchy of Nepal is composed of mythology. The legendary god “Gorakhanath” – a sectarian god of Nath Sampradya bestowed Nepal to it for twelve generations’ rule. The monarchy for its power has been for more than two centuries relying on many other local legendary gods and goddesses which are worshipped with the animal life sacrifices.  The current king the most ambitious of all kings next to the first king of his dynasty took the thrown as his fate or destiny bestowed by these local gods and goddess has been actively engaged in animal sacrificial worships in this 21st century.  Even though his power of absolute monarchy has been stripped off by the mandate of the successful people’s movement II ‘People’s April Uprising 2006’ he is still hoping to be bestowed by the magic of these legendary gods and goddesses

The saying – ‘you can lead a horse to water, but you can't make him drink’ seem true to the state of regressive mind  Psychologically, it is true once a person begins to worship an idol – be a pebble, a statue, an image, or a human persona – the worshipper becomes powerless, clueless, yet stubborn. What could obviously bring good to the doomed legacy of monarchy with its own cause by worshiping Dakshinkali?  In practice such rituals and rites have no religious and philosophical significance in regard to six Vedic schools of thought – “Shamkhya, Yoga, Naya, Vaisheshika, Mimansa, and Vedanta and Buddhism.”  Principally, to these schools of thought such practices have no corresponding reality other than the myth.  If the myth is the legacy of the monarchy then it cannot mislead itself and the nation in 21st century.  The fate of myth that made Gyanendra the king is destined to self-termination.  In Prime Minister Girija Prasad Koirala’s own words “The king's behavior has paved the way for the republican set up in the country.”

On many occasions the monarchy has been active in public and private with its own interest in conflict with the current changes.  This may not have come true to the monarchy that the nation has become a secular state, monarchy’s role as a Hindu king has been suspended, and the interim head of the state is the Prime Minister.  Prime Minister has recently stated that eighty percent of the power of the monarchy has been stripped –” the process of establishing a republic in the country has already begun and it will move ahead gradually.” 

The democratic parties such as Nepali Congresses, and UML and the international communities are trying for a democratic electoral procedure for deciding the fate of the monarchy.  Prior to the proliferation of the Interim Constitution 2007 UML insisted on the referendum on the fate of the monarchy.  However, Nepali Congress Party (NC) insists on Interim Constitution’s provision to oust the king by a simple majority of the CA members at its first meeting.

What response does the suspended monarchy have?  Does the monarch have any responsibility to this national crisis as a citizen? Does the monarch still think above the law?  The fate now is on the hands of people.  The most sensible thing for the monarchy is to come to the equal term with the people and respect the sentiment of the majority.  The majority wants the Republic setup.  If the monarchy with its own will farewell itself by placing the monarch in equal term with the people as a bona fide citizen it will deserve the privy of the people of Nepal. After all the institution of monarchy has it terminated with its own cause through natural law.

The feudal oligarchic games with the Hindu state of governance in the name of the democracy are over and dead.  People have reached to a realistic and progressive set up of demands for their nation.  The use of former prime ministers of dark regimes cannot appeal people. For example, the call for democratic unity in competition with the leftist unity by Suraya Bahadur Thapa is pure hogwash. It is a ridiculous attempt to break eight party alliances without which peace and democracy cannot be flourished.  If again monarchy starts the old dice staging old hags of dark regimes upfront then it will certainly be the option for eight party alliance and people of Nepal to declare Nepal Republic. It is not clear yet that the monarchy has agreed with the elections of the constituent assembly that will determine its fate. It is the provision of the Interim Constitution (2007).  However, if the political crises riches to a certain point that the nation has to decide the fate of the monarchy through the Parliamentary decree then the Interim Constitution needs further amendments. If the CA elections become uncertain then the Parliament that has the most diverse political party representations must declare Nepal Republic. 

People have fought for more after the April uprising than political parties for their rights to take part in the nation building process.  The fundamental element of federalism is right to self-governance and right to self-determination.  The political party that has realized the necessity of state or government restructuring is the Maoist.  Rest of other political parties has not fundamentally addressed this issue prior to the nation’s Madhesi and indigenous communities’ movements for their right to self-governance with autonomous region or state. The CPN-Maoist has the policy of federal system with the right to self-determination. But the Nepali Congress, CPN-UML and other political parties have agreed to go for a federal system of governance, which has also been mentioned in the interim constitution. However, these political parties have not yet made their model of federal system public. The parties still seem to be confused and uncertain on this issue.  People’s movements for the federal system have been against those political parties and the group of traditional ruling elites who maintain their own status quo against the changes that give people right to govern their own constituency.  

 The movements for the federal system have rather made those political party leaders, ruling elites in the governments, and professionals apprehensive whose mind have been set with the unitary or feudal oligarchic system of government.  The movement challenged particularly the political leaders who had never dreamed of such a decentralized system for restructuring the nation. Indeed the federal system is essential for Nepal. Without federal system the Republic setup might do very little for the people in order to guarantee their civil liberty, civil rights and human rights in pragmatic level of people’s daily lives under unitary system of government. 

People’s movements have challenged political leaderships, ruling elites in the government, and professionals for their lack of understanding and adaptability to the federal system.  They must understand clearly the functionality of the federal governance structure. If they can understand federal system transparently without any political bias and reservation, then the restructuring nation can be conceptualized commonly agreeable to all parties and communities.

The CPN Maoist model for restructuring state is based on cultural federalism – ‘Kirat, Madhes, Tambasaling, New, Magarat, Tharuwan, Bheri-Karnali, Seti-Mahakali’.  Demography under current development regions are – ‘Eastern: (highest %) Maithali, (2nd )  Kash-Bahun-Chetri, and (3rd) Rai and Limbu; Central: (highest %) Kash-Bahun-Chetri, (2nd) Maithali, (3rd) Bhojpuri, and (4th) Tamang; Western: (highest %) Kash-Bahun, (2nd) Magar, (3rd) Bhojpuri, and (4th) Awadhi; Midwestern: (highest %) Kash-Bahun-Chetri, (2nd) Tharu, (3r) Magar, and (4th) Awadhi; and Farwestern: (highest %) Kash-Bahun-Chetri , (2nd) Tharu, and (3rd) Magar.’. 

There have been many models as currently being proposed such as Bohara model, which suggests a process turning current five development region into states in order to balance the natural and human resources; Devkota-Gautam model suggests four states – Koshi, Gandaki, Karnali and Kathmandu; Limbu model suggests culture based seven states; NCP model suggests cultural based five states; Shrestha model suggests culture based fourteen states; Gurung model suggests culture based eleven states; and Sharma model suggests ten hill states and five plain (Tarai) states.

The federal system is a system of government within governments.  This means not only the state governments within a federal (central) government can be autonomous with the provisions of self-governance and self-determination but also governments within state governments such as city and village governments can be autonomous in their capacity and functionality with the provisions of self-governance and self-determination.  If the political leaderships, ruling elites, professionals and people from different ethnic communities can understand it then Bohora model can essentially be pragmatic model for development and resource and revenue sharing purpose provided there are constitutional provisions for the autonomous city and village (provincial) level governments.  Since a federal (central) government needs independent capital or the federal district of capital for its neutral and impartial governance practice under Bohora Model a federal capital or a federal district of capital must be created. This will create a six state model for the federal governance structure.

What can address the issue of culture or ethnicity for their preservation, conservation and development of the ethnic communities in every aspect is crucial to the movements for the federal system. The most powerful elements and fundamental infrastructures of the federal system are the local governments.  The local governments can be as autonomous as the state government with its government chief ‘mayor’ and assembly members that have legislative, executive and judiciary constitutional provisions for self-governance and self-determination. 

Practically, since our ethnic groups are diverse, many in number with their different language, religion, tradition and custom a proportionate form of local government can be viable in the sense of cultural preservation, conservation, and overall developments of different communities. A proportionate local government in city and village based on the cultural (ethnic) demography can sustain and develop communities more efficiently than in state level.  Unlike Madisonean principle of federalism, Nepal has a unique geographical and cultural or ethnic demographics.  Such demographics need a proportionate unit in smaller scale to sustain ethnic culture, language, custom, and religion under electoral democratic process that accelerates the overall development in grass root level.  The unitary system failed because it tried to encompass all in one basket by giving no chance to other ethnic communities..   In regard to the unique demographics of Nepal the federal structure may be defined in two fundamental federalist principles: one the state level of governments should be development oriented on the basis of resources management and local level of governments should be culture or ethnicity oriented on the basis of local level governance and development.

The logical recommendation for the federal system may be the ‘Asymmetrical structure’ in order to address the diverse demographics of Nepal.  A federal asymmetric structure under one federal constitution will set off-limit to the intervention of central government into state (regional) and provincial (city and village) governments in their internal affairs.  As a result, both state and provincial governments become autonomous with the constitutional provision of people’s right to self-governance and self-determination. Demography of a state government may have diverse ethnic population, but a provincial government might have one ethnic majority depending on region – Eastern, Mideastern, Midwestern, Western, or Far-western.  A provincial (local) government with such ethnic majority might be able to preserve its culture, conserve its language, and practice its religion. The proportional representations in state and provincial governments will determine the proportional representations in the Parliament of the federal (central) government from their electoral constituencies. The certain ethnic minority such as Dalits which has intermittent percent of population distribution may need national affirmative constitutional provision for every state and provincial governments to implement.  The fair federal system roadmap could be therefore a asymmetric; state and provincial government autonomy; proportional representations; and affirmative constitutional provision for those ethnic group in minority with population under single digit percent.      

It will be detrimental to protect self-terminated monarchy of Nepal at any level, not only to the aspiration of people of Nepal but also to the human civilization that has chosen the democracy, not as a perfect political system but as a justifiable electoral political process that can protect basic human rights, that can process provisions of civil rights and that can guarantee civil liberty of people.  The best choice for people of Nepal is the Republic setup in order to manage democratic process that can give people opportunity for fair and fee (electoral) competition, a system of economic development that can provide people equal economic opportunity and a system of independent justice. Democracy after the people’s movement 1st failed not because democracy did not try its best but because under the unitary feudal government system it could not flourish.  That is why people have demanded not only Republic setup but also have demanded federal government system after the successful people’s movement II.  It is very crucial to have federal government system in order to address the complex demographics of Nepal in both aspects of cultural conservation and developmental.  Republic setup will fail without federal government system just as twelve years of democracy failed under unitary feudal government system.  The demographics of Nepal need essentially the decentralized electoral system that gives people opportunity to take part in the nation building process from the grass-root level.  This is what federal system of government does.

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