Nepal: Revival of CA, the Road to Serfdom

Prof. Dr. Madan Kumar Dahal

Chairman, Mega Bank Nepal Ltd., Kathmandu

The intended tender for restoration of Constituent Assembly (CA) in Nepal is another notorious conspiracy orchestrated by inefficient political leaders to sustain power for a stretched period and enjoy unlimited perks without galvanizing fresh mandate through elections. This is an ambush designed by the ruling leadership to devise a big crack among and within opposition parties through bargaining for a trade-off between the chair of PM and revival of CA. The Interim Constitution 2006 originally envisaged the tenure of CA for two years, which was frequently extended at the instance of political parties altogether for a period of four years until it was unceremoniously dissolved at the mid-night of Sunday on May 27, 2012.

The Supreme Court, earlier on November 25, 2011, in its historic verdict directed that ‘extension of CA ending on May 27 would be the last one and the CA must promulgate the constitution within the stipulated deadline’. In case of failure to do so, the Supreme Court in its highly popular judgment also referred, alternatively, to initiate steps toward holding fresh elections or referendum including other appropriate arrangements for an amicable political exit. And, therefore, revival of CA would be against the ruling of the Supreme Court and also there is no provision in the Interim Constitution 2006 to revive CA and amend the constitution for encouraging anarchy and impunity. After the excruciating dissolution of CA political leaders not only lost their credibility but also the strength of political parties capsized irrespective of their earlier stature enjoyed during previous CA. With merciless fall of CA without giving birth of a constitution to its people ensuring federal democratic republic order, the sway of political parties and their leadership ended with their existence trapped into strategic conspiracy designed by ruling forces resulting in protracted transition with increasing risks and uncertainties engulfed by rowdy activities of regressive forces in Nepal’s political arena. Unfortunately, the PM, Chief of CA, and political stalwarts like Prachand, Sushil and Jhalnath including the leaders from Madhesbadi parties failed to convincingly explain and apprise the people about what transpired to bury the life of CA under the debris. And also they have not shown courage to sincerely admit the political blunder and apologize with the esteemed people that they were accountable to abrupt fall of CA and readily prepared to face consequences.

Against the backdrop of existing tumultuous political environment, the ruling party and government of Maoist-Madheshi united coalition including a few political chauvinists remained instrumental in sustaining protracted transition and managing the statecraft frequently with despotism through ordinances. The cacophony of political leaders is not only inconsistent and conflicting to each other but also the warring factions seem to be in oblivion that failed to provide amicable political solutions through developing a national consensus among political parties. Prachanda-BRB duo is aggressively propagating the idea to revive CA with a proposal that NC could head the new government if they consider the proposal, and more recently Prachanda went to the extent that election for President could be held if revival of CA is unaccepted.

The Rt. Hon’ble President Dr. Ram Baran Yadav explicitly viewed that CA can’t be brought back to life, and NC Chair Sushil Koirala asked his cadres to get ready for fresh poll and also cautioned that the context of CA revival is falling into Maoist trap; UML warned its ex-CA members to refrain from the activities confined to campaigning for revival of CA. On the contrary, PM Dr. Babu Ram Bhattarai has threatened the opposition parties and its leaders with weak but enlarged and imaginary proposition that monarchy would return, ‘if political parties become careless’. There is also apprehension that major parties and leaders deliberately capsized the CA without promulgating constitution, and their strategy is confined to continue in power and grab the chair of PM primarily to maximize kickbacks and the benefits to be accrued from treasury and consolidate the political strength without legitimacy.

At this critical juncture, there is no alternative but to forge political understanding among the parties and leaders earliest possible preferably within two weeks for executing the process for fresh elections ensuring Federal Democratic Republic Order in conformity with the spirit of Janandolan II. It would be virtually impossible to revive CA without developing consensus among political parties on major issues such as federalism, forms of governance, elections for CA/Parliament and local bodies, and number of constituencies and members therein, independent judiciary, competitive economic system, and the sovereignty of people. This is not going to happen unless there is miracle. Consensus is not at sight and possibility for forging political understanding is remote even after a series of initiatives taken by President to break the political impasse. This is attributed to psychic fair and obsession with leaders that they would lose their kingdom they have captured for more than six years, if fresh election is held. Since the political leaders totally failed to achieve national consensus, it is now the prerogative of President as a custodian of the Interim Constitution to make a last effort to arrive at political understanding among the parties and move towards holding free and fair election for parliament within a year. This requires to constituting a national government based on political understanding comprised of all segments of society headed by an eminent statesman with full of knowledge and wisdom to successfully drive the statecraft by providing good governance and organize free and fair elections. This would pave the way for ending transition smoothly without bloodshed and violence.

Therefore, Rt. Hon’ble President Dr. Ram Baran Yadav is compressed for issuing the memorandum to political parties at the capacity of guardian of Interim Constitution asking them to forge national consensus within next two weeks. In case of failure to do so, the President has the prerogative in conformity with Article 143 of the Interim Constitution to declare emergency through developing political understanding among parties and constitute a maximum 15 - member National Government headed by an esteemed, experienced, qualified and competent statesman comprised of representatives from political parties, experts, specialists and intellectuals, civil society members, women, dalit, janjati, Madheshi, and minority communities such as Muslims and other backward communities. The new government should specifically be assigned to run day to day administration, maintain law and order, and hold election for parliament within a year. The government should also be empowered to constitute a High Level Independent Commission consisting of learned jurists headed by former Chief Justice to formulate the constitution in conformity with aspirations of the common people. The election is imperative but for parliament to ensuring political stability and sustaining democracy with republic order that came into prominence with the fall of Kingship in 2006.

The prime question is of sustaining the republic order with fresh mandate to be rectified by the people through voting for qualified, competent and honest representatives dedicated to sacrifice their life for people and the nation irrespective of caste, creed, sex, and ideology. Rt. Hon’ble President must find an esteemed personality to be appointed as the next PM who can command the respect of all segments of society. As a citizen of the country I believe that President would take the confidence of people; generate goodwill from neighboring countries especially India and China; and mobilize cooperation from prominent donor communities - the US, European Union, Japan, Australia and New Zealand, and Scandinavian Countries; and galvanize support from the Nepal Army to back up the proposed civilian government especially for holding free and fair election and promulgating the constitution ensuring Federal Democratic Republic Order in Nepal, an unfinished task since last six decades. This is a most critical problem, and also immense opportunity. At this crucial hour, I’m fully optimistic that Nepali people would exhibit their solidarity, strength and wisdom to determine enduring peace and stability in the country. Let’s hope political parties and leaders will realize the merit of democracy! The God is great!

Post your Comment here

TERMS OF USE:The views, opinions and comments posted are your, and are not endorsed by this website. You shall be solely responsible for the comment posted here. The website reserves the right to delete, reject, or otherwise remove any views, opinions and comments posted or part thereof. You shall ensure that the comment is not inflammatory, abusive, derogatory, defamatory &/or obscene, or contain pornographic matter and/or does not constitute hate mail, or violate privacy of any persons) or breach confidentiality or otherwise is illegal, immoral or contrary to public policy. Nor should it contain anything infringing copyright &/or intellectual property rights of any person(s).

Comments

Posted on - 2012-11-02 by Swapan K, Dev
Under these circumstances what Prof. Dahal has prescribed for breaking political impasse is very pragmatic. The political parties must come together with all segments of society to find new path as proposed by the author in this article.

Posted on - 2012-10-31 by Balaram Paudel
The article “Revival of CA... “ by Prof M. K Dahal , Prominent Economist , Chairman Mega Bank Ltd, has genuinely analyzed the current political situation of Nepal .The article pertinently explores the conspiracy made by ruling political parties to remain in power for a stretched period by raising the obsolete issue of CA revival. Revival of CA is not only against the verdict of Honorable Supreme Court but also against the will and desire of Nepalese people. It is undoubtedly a regressive action and a deliberate invitation of political anarchy and impunity undermining the value of people. Revival of CA again means to develop a revival culture that may lead to the revival issue of unnecessary element and Nepalese politics may fall in the revival trap in the future. It is a pity and also an irony to note that so called progressive and radical United Maoist party intends to make the revival of CA and would like to push Nepalese politics into a dark path of Middle Age. The preaching of Maoist leaders is progressive and their practice is quite regressive. It is the political double standard, dishonesty and also illusory practice of ruling political parties particularly of Maoists led by Prime Minister BRB. Madesh based political parties also illustrated irrational political behavior falling entirely into the greed of perks and power. I also support professor Dahal's view that protracted transition and continuously indecisive political situation for long may lead to unimaginable political, economic and social disaster in Nepal. If political parties do not forge a consensus and remain reluctant to make the right move for the current political crisis, Rt Honorable President should do something to save the nation and manage to have fresh parliamentary election and new parliament promulgates new Federal Democratic constitution in Nepal. This is the best alternative for the solution of the current political crisis prevailing in Nepal. Finally, I would like to congratulate Professor Dahal because he is always instrumental to throw light on the dark political and economic situations of Nepal and makes aware of Nepalese politicians and people through his expert ideas and creating writings. This article is just like a gift for Nepalese politicians and people on the outgoing occasion of Vijay Dashami and in coming occasion of Dipawali. Balaram Paudel , Biratnagar.

Posted on - 2012-10-30 by Prof Mohan Lohani
Prof Madan Dahal, in his latest article'' CA Revival: Road to Serfdom" has categorically stated that the time has come for President Yadav to make a final appeal to political parties and their leaders to reach political understanding within a fixed deadline failing which he should assert himself as custodian of the interim constitution to form a National Government comprising representatives from all segments of the society with a clear mandate to hold free and fair elections within a year.Such a government, Prof.Dahal has proposed, should be headed by an esteemed personality who commands respect from all sections for his knowledge,wisdom, experience, competence and ,above all, integrity and impartiality.Prof Dahal has rightly pointed out that President Yadav has repeatedly urged the parties and their leaders,particularly the leaders of the major parties, to reach consensus on all pending issues including the formation of a national consensus government but they have failed to come up with a solution and consensus.No country can allow the transition to prolong itself for an indefinite period.The country was declared a republic more than 5 years ago but it has yet to be institutionalized .I support the appeal of Prof.Dahal to the Rt.Hon'ble President to safeguard the country's interest and its sovereignty by taking the initiative to break the impasse if the poliltical parties and their leaders fail in their efforts to find a way out of the continuing stalemate.The country belongs to all and it is the responsibility of all segements of society to extricate the nation from the present quagmire in which it is badly bogged down.In brief, if the parties fail, a national government headed by an impartial and independent person above partisan interest should be formed with the sole responsibility of conducting and overseeing 'free and fair'elections. Some of our neighbouring countries have resorted to this device or method to put the country back on track and set the political order and process in motion. Mohan P Lohani Bansbari,Kathmandu

Posted on - 2012-10-20 by Lloyd
Surely the only honourable thing is to return to the status quo ante p viz the constitution as it was immediately before the clearly broken "interim constitution. OK, so that means a monarchy (at least pro temps) but that former constitution had legitimacy and it provides/provided mechanisms for amending the constitution. Using those mechanisms will allow Nepal to then go to the people by elections or plebiscite asking a mandate to amend that constitution including whether or not to abolish the monarchy (a question still not submitted to the people) and also such other concepts as federalism. Surely the people must be consulted? Returning pro temp to the last legitimate constitution is the only way forward - what do these politicians fear by doing so?