CJ-led Government-38

Siddhi B Ranjitkar

The interim election council of ministers has functioned splendidly, and performed marvelously, and held the elections to a new CA perfectly without a hitch and a glitch. Its mandate has been done. Currently, it is winding down. The winning political parties are set to take over from the interim government. Some of the leaders have been sowing seeds of confrontation and ultimately of defeat stating the people rejected the ethnic-based federalism, while Maoist and Madhesi leaders have been saying that the election results are not the referendum on the federalism, and are mainly the results of the irregularities in the elections. They are not accepting the majority rule in crafting a new constitution. Other politically matured leaders have been saying that not only a consensus should be built on crafting a new constitution but also on forming a new government. Some political leaders and law professionals have been saying ‘president’ and vice-president’ should be reelected. Nepalese politicians have hardly follow the political ethics causing the doubt of whether a new constitution would be crafted by a new elected constituent assembly (CA), whether the country would need to go for a third elections to a CA. The current opposition has been doing what the NC and CPN-UML did in the past CA when they were in the opposition.

The interim election council of ministers mainly of retired special class civil state employees headed by the Chief Justice of Supreme Court of Nepal functioned marvelously, and did a impressive job of holding elections to a new CA without much troubles even facing the challenges from the poll-opposing 33-party alliance headed by the CPN-Maoist. The elections have been one of the wonderful elections Nepal had ever held in the past. It might be a model for other developing countries struggling to hold impartial and transparent elections. Thus the interim government has splendidly completed its mandate. It is time for the chairman and ministers to tighten their luggage and be prepared for leaving the office of ministries giving way to the newly elected political leaders to work.

When the Election Commission has hardly completed the counting of the proportional representation votes, and has not announced the number of seats won by the political parties, yet some of the politicians have started off sowing seeds of confrontation and ultimately of their defeat stating the agenda of the UCPN-Maoist and the Madhesi have been rejected by the voters rather than trying to bring on board the opposition. Other matured politicians have been saying that they need to build a consensus not only on crafting a new constitution but also on forming a new government. Certainly, some other politicians have been saying the election results are not the referendum on the federalism and federal states but of the results of the irregularities in the elections. They have said that they would not accept the majority crafting a new constitution rather they would take the issue to the streets.

On Friday, November 29, 2013, talking to a delegation of the Federation of Nepal Chambers of Commerce and Industry (FNCCI) at his Maharajgunj residence, President of NC Sushil Koirala said that the need was to bring on board all large and small parties in the constitution drafting process. President Koirala said, "All big and small parties will be incorporated as constitution making is the major priority at the moment." The FNCCI team led by its President Suraj Vaidhya went to see President Koirala for urging him to enforce the commitments made in the manifestos of the political parties. Recalling that their suggestion was incorporated in the manifestos of parties, President Vaidhya said that the people voted on the basis of the commitment of the parties to tourism, agriculture and energy development, it should be materialized. (Source: gorkhapatraonline.com)

Speaking at a function held by the Lumbini Academy in Kathmandu, general secretary of NC Prakashman Singh claimed that a democratic constitution would be promulgated within a year. General Secretary Singh said that a new constitution would be promulgated institutionalizing all the achievements of the 2006 movement including secularism and the peace process. Stating that participation of all parties was essential to draft and promulgate a democratic constitution, Singh appealed to one and all to be serious about this. He further said that a consensus government would be formed under the leadership of his party. Singh said that NC became the largest party through the elections; so, it would make efforts to constitute a government building a consensus on it following the Article 38 (1) of the Interim Constitution and would switch to a majority government if a consensus government were not possible. (Source: gorkhapatraonline.com)

Speaking to the group of professionals in Kathmandu on November 30, 2013, newly elected legislature also the central committee member of NC Narahari Acharya said that a new democratic constitution would be crafted building a consensus on it until the last moment otherwise then following the majority votes within a year, and then engage in the economic development of the country. (Source: gorkhapatra of December 1, 2013)

Speaking at an event held at his residence in Biratnagar on December 1, 2013 to say ‘thank you’ to the reporters, Central member of NC also newly elected to the member of a new CA Dr. Shekhar Koirala said that the NC as the largest party in the CA would take the leadership of a new government bringing on board other political parties. Koirala said that a new government would be formed soon building a consensus and co-working with all parties. He said that the elections have clearly shown the ethnic-based federalism a failure; a new constitution with the identity of all ethnic communities would be promulgated. Koirala said that disputed issues including form of governance and federalism would be resolved through the two-thirds majority votes if such issues were not resolved through a consensus. He also said. “We could go for referendum on the disputed issues if the two-thirds majority were not to resolve those issues.” (Source: RSS news on gorkhapatraonline.com)

Speaking at the news conference held in Gaur of the Rautahut district on November 30, 2013, senior leader of CPN-UML Madhav Nepal said that the people rejected the ethnic-based federal states, and ‘one Madhes one prades’, and rejected all the fake Madhesis that had been the most corrupt, and that had exploited the Madhesi people. Senior leader Madhav Nepal also said that the people have given the mandate to the NC and the CPN-UML to craft a new constitution. He also said that the UCPN-Maoist should follow the CPN-UML for social change. (Source: gorkhapatra of December 1, 2013).

Certainly Madhesi leaders would not accept what Madhav Nepal had said and labeled as the corrupt leaders. They have already pointed out how Madhav Nepal as the deputy prime minister and then as the prime minister had amassed the wealth for him and his party and relatives while serving as a prime minister, and a deputy prime minister in the past. Concerning the ‘one Madhes one prades’, they have said that the people have not voted it out but the irregularities in the elections have been. They also have said that they would not accept the constitution crafted by the NC and the CPN-UML. Saying the UCPN-Maoist should follow the CPN-UML; Madhav Nepal has been a crude clown in the political circus that has been unfolded currently.

Speaking at the interaction event held by the Madhesi Reporters Association in Kathmandu on November 30, 2013, Madhesi leaders have said that without taking into account of the Madhesi issues, if a new constitution were to be crafted, they would not accept it; and they would take the issues to the streets. Chairman of Terai Madhes Democratic Party Mahant Thakur said, “they (means NC and CPN-UML) were not for accepting the issues of Madhesis in the past, currently also they are not accepting the Madhesi issues; so, the only alternative to make Madhesi issues realized would be through the street demonstrations.” He also has said that Madhesi people are ready to undergo any pain to win the rights of the Madhesi people. President of Nepal Sadbhavana Party Rajendra Mahato said, “we have lost the elections but not our objective; our objective is identity-based federalism, constitution with federalism, and inclusive administration. This is our mission.” (Source: gorkhapatra of December 1, 2013)

Speaking at the welcome event held by the CPN-UML Village Committee in Babiyachaur of the Myagdi district on November 30, 2013, newly elected legislature of the Myagdi Navaraj Sharma has said that the current people’s mandate is to craft a new constitution building a consensus of all political forces on it; so, all political parties should go together to craft a new constitution; none of the political parties has received the majority; so, a national consensus should be built to craft a new constitution within a year. (Source: gorkhapatra of December 1, 2013)

Speaking at the opening session of the eighth national general assembly of Rastriya Banijya Bank in Hetauda on November 30, 2013, central committee member of NC Dr Ram Sharan Mahat has said that building a consensus is necessary to form a new government for crating a new constitution following the fresh people’s mandate, and to tackle the unemployment problem. (Source: gorkhapatra of December 1, 2013). However, Dr Mahat has not said whether a new government would be the consensus government of the NC and the CPN-UML or of all political parties represented in a new CA.

Newly elected legislatures representing the UCPN-Maoist would not accept the certificates of their elections to the members of a new CA although they went to their respective constituency to thank the voters; and the UCPN-Maoist would not participate in the new CA if a new high-level commission on investigation into irregularities in the elections was not there to investigate the irregularities, and an amendment to the interim constitution was not made to make the provision for building a consensus on crafting a new constitution, spokesman for UCPN-Maoist Agni Sapkota said. Meanwhile, speaking at the news conference held in Butwal of the Rupandehi district on November 30, 2013, senior leader of UCPN-Maoist Dr Baburam Bhattarai said that his party would participate in a new CA only after the report of a high-level investigation into irregularities in the elections was made public. He also said that even though the elections were held peacefully, the suspicious way of transporting the ballot boxes might have caused irregularities in the elections. (Source: gorkhapatra of December 1, 2013)

The term of the president and vice-president has been the major topic of discussion for the political leaders and constitutional experts in the Nepalese media after the elections to a new CA. However, political leaders and even the legal and constitutional experts ignored that the elections were to a new CA not to a new president and a vice-president. It is understandable that political leaders could say what they like to suit their interest but the irony is that even the so-called legal and constitutional experts have been following the party line to speak for or against the elections to a new president and vice-president.  The Interim Constitution of Nepal of 2007 has clearly in its Article 36 (C) said, "The term of office of the President shall be until the commencement of the constitution to be promulgated by the Constituent

Assembly." So, there is no question about electing a new president and vice-president until and unless the political parties agreed on amending the Interim Constitution of Nepal of 2007 for making the provision for freshly electing a new president and a vice-president, and the current president accepting it and issuing an ordinance to this end.

Ethics of Nepalese politicians have been very low. Political leaders have the habit of not accepting the election results if the election results were not favorable to their parties. For example, NC and CPN-UML had hardly accepted the elections results in 2008 when the first elections to a CA were held. They did not accept the supremacy of the Maoists and the Madhesis in the dissolved CA. NC and CPN-UML prevented the Maoists and the Madhesis from crafting a new constitution believing that the Maoists and Madhesis would craft a new constitution that would not suit their interest. Currently, the Maoists and the Madhesis take turns not to accept the election results, and prevent the NC and CPN-UML from crafting a new constitution.

The lowest possible moral values of our politicians have put the rule of law in jeopardy. If the current CA were not to craft a new constitution then our politicians   have no moral principles at all. They would rule by the street protests rather than by the law of the land. Unethical players have played fouls in the political games. Nepalis had lived under the political fouls for 240 years. How long they would need to live under such circumstances before getting into the rule of law?

NC and CPN-UML leaders have been dreaming of crafting a new constitution with the two-thirds majority but the Maoists and the Madhesis have been deadly against it. The Maoists and the Madhesis wanted a consensus on crafting a new constitution. If such a head-on confrontation were to continue then the crafting of a new constitution would be in limbo for an indefinite period.

Before the elections to a new CA held on November 19, 2013, only the 33-party alliance headed by the CPN-Maoist was opposing the elections but currently, the 16 political parties including the UCPN-Maoist have rejected the election results. Leaders of those 16 political parties boycotted the meeting called by the Election Commission on December 3, 2013 to announce the results of the votes held for the proportional representation. They also said that their elected representatives to a new CA would not take the oath of office until the irregularities in the elections were investigated.

The CPN-Maoist has continued to oppose the CA. Its leaders did not want the CA crafted a new constitution. They have refused any seats in a CA. Some political leaders have been saying that even though the CPN-Maoist did not participate in the elections to a CA, they could have seats in the CA out of the 26 seats set aside for appointees. However, CPN-Maoist leaders made it clear that they were not for going to sit in the CA at the mercy of some political leaders. They have already driven the last nail in the coffin of the CPN-Maoist not participating in the elections, and helping to defeat the UCPN-Maoist in the elections, and then they did not know what to do next. They have to wait for the favorable situation the NC and the CPN-UML leaders would create for them to launch another revolution.

Listening to the leaders of the winning political parties and defeated political parties, I could conclude that they have been surely going to the head-on confrontation. Some of the leaders have been saying that a new CA could function keeping some slots vacant in the CA hinting at even the Maoists and Madhesis did not participate in the CA they would go ahead with the two-thirds majority to craft a new constitution. This statement is dangerous. It would certainly invite a confrontation.

The leaders of NC would face major challenges to form a new government not to mention the crafting of a new constitution. If we take a look at the history of what the NC leaders did after the election victory, the NC leaders could not properly manage the power after the elections. They fought with each other to be in power. Currently, the power they have got through the elections would be a bone that each one of the leaders of the NC wanted to snatch ultimately losing it to someone else. In addition, they have the habit of rejecting anything if they were not in majority and in the power. For example, Girija Prasad Koirala rejected the dissolve of the parliament and the call of the general elections done by the then-prime minister Sher Bahadur Deuba, and for dissolving the parliament and calling general elections, Girija fired Deuba from the NC membership forcing him to set up a new NC-D in 2004.

Some of the NC leaders have already started off claiming the major ministerial portfolios such as Home Ministry and Finance Ministry. We don’t know what Sher Bahadur Deuba would claim for. He believes that he is a senior leader of NC; he has been a prime minister several times in the past; he is the most competent man to be the next prime minister in comparison to President of NC Sushil Koirala that has never been even a minister, and to Vice-president Ram Chandra Poudel that has failed to win the elections to the position of prime minister even running for eighteen times. Nobody knows how many ministerial portfolios the faction of Sher Bahadur Deuba would demand, and how many Sushil Koirala would keep for his faction.

Some leaders of CPN-UML have been thinking that whether they should form a government with the help of other communist parties including the UCPN-Maoist. Yes, Chairman of CPN-UML Jhalanath Khanal has gone to the Maharajgunj residence of Sushil Koirala and urged him to take the helm of a new government as the largest party in a new CA. However, chairman Khanal has made this gesture to the president of NC to offset the claim of the office of prime minister made by his colleagues such as senior leader Madhav Nepal, and KP Oli in his party.

Madhav Nepal had been a deputy prime minister in the cabinet headed by senior leader of CPN-UML Manmohan Adhikari in mid 1990s, and then the prime minister for more than two years from 2009 to 2012. He had applied for the job of the prime minister advertised by the then king Gyanendra without considering Gyanendra would never accept his application as he refused to be the member of commission on investigation into the palace massacre happened on June 1, 2001. However, he became prime minister from 2009 to 2012, as the NC leaders preferred him to Jhalanath Khanal at that time.

Chairman Jhalanath Khanal had been prime minister for six months after Madhav Kumar in 2012. During the six months of his governance, Khanal had been at the mercy of the UCPN-Maoist leader Prachanda. This time, Khanal did not dare to claim for the top job. He is not for allowing his colleagues to get it, too.

President of NC Sushil Koirala has been saying that he wanted to build a consensus on crafting a new constitution. His name would be written in golden letters in the history of Nepal if President Koirala were to build a consensus on crafting a new constitution. However, President Koirala has not set the ball that has come to his court rolling to this end. If he were to give in to the demands of his colleagues and to opt the two-thirds majority for crafting a new constitution; then, we could easily anticipate that Nepal would be heading to the third elections to a new CA. President Koirala would set a favorable stage for the Maoists and the Madhesis to launch another movement. Until then Nepalis would have traffic jams, shutdowns of Nepal and so on. Politicians would make the heaven-like Nepal a hell in the coming days. I wish I were wrong in this conclusion.

December 6, 2013