Nepalese People’s Victory

By Siddhi B. Ranjitkar

Nepalese people voted for a lasting peace, for a change in the State structure and administration, for republic and for the peaceful development of Nepal in the election for a Constituent Election (CA) held on April 10, 2008. So, majority of the candidates of all parties directly elected to the CA are for eliminating the Shah Dynastic rule, as it has been the cause of miseries of the Nepalese people. Setting-up of the inclusive administration after ending the dynastic rule will bring the changes Nepalis have wished for. This is a Nepalese people’s victory.

Nepalis overwhelmingly voted for the candidates that had advocated for making Nepal a republic in other words for eliminating the Shah dynastic rule. Even if the Nepali Congress (NC) and the Communist Party of Nepal-Unified Marxist and Leninist (CPN-UML) did not firmly stood for making Nepal a republic, Nepalis voted for the candidates of these two parties that stood for republicanism. Nepalis voted for so many candidates of the Communist party of Nepal-Maoist (CPN-Maoist) and of the previously unknown party called Madheshi People’s Right Forum (MPRF), as they firmly stood for eliminating the exclusive administration of the 240-year old Shah Dynasty and its remnants.

Nepalese voters did not elect the candidates that had supported the monarchy and that had advocated for a constitutional monarchy. So, none of the candidates of the Rastriya Prajatantra party (RPP) and its splinter parties did get elected to the CA in the direct voting. However, a few candidates of the RPP and its splinter parties were elected indirectly but their presence in the CA would not make any significant influences on the constitution-making process and on eliminating the monarchy.

Clearly overwhelming votes gone to the CPN-Maoist and the MPRF were for making Nepal a republic and for a lasting peace and development. So far, the CPN-Maoist leaders have been advocating for ending the monarchy, improving the lives of the poor, for combating the inherent corruption in the State administration, and making all State agencies inclusive. Similarly, the MPRF has been for ending the monarchy and ending the exclusive administration so that all Nepalis would have equal opportunities of contributing to the nation building. Votes for all other elected candidates of the NC and the CPN-UML were for a lasting peace, for the elimination of the monarchy, for inclusive State administration, and for the development of Nepal to prosperity. Now, voters want the elected representatives to turn those things into reality.

Nepalis believe that the end of the monarchy is directly related to a lasting peace. The monarchy had been the symbol of the monopoly of a few people in power on the State affairs. They had enjoyed power, status, and breaking laws with impunity in other words they did everything possible on earth for the sake of the rulers. They hardly did anything for the betterment of the common people whereas the majority of the Nepalese people had worked for them for nothing. Now, such exploitation has been a thing of the past. If by hook or crook some unscrupulous politicians retain the monarchy and attempt to continue the age-old exclusive administration, Nepalis are not going to tolerate it; Nepalese people will continue to fight against it until such thing comes to an end.

Nepalis ended the anti-people Rana administration in 1950 and forced the then King Tribhuvan to announce the holding of an election for a CA. However, the unscrupulous politicians compromised on the exclusive administration led by the then king. The NC leaders simply replaced the Ranas with the Shahs to enjoy the power in 1950 ignoring the people’s aspirations for holding an election for a CA for bringing changes in political setup, in administration, and in the social and economic sector. The NC had not only suffered the consequences of it but also Nepalis in general made to suffer from it.

Again in 1990, Nepalis fought against the non-party political system called Panchayat led by King Birendra, and successfully tore down the system and replaced it with the multi-party system but again the political leaders compromised on the Constitution of Nepal of 1990 promulgated by the king rather than insisting on holding an election for a CA. The result was the businessman turned into so-called king Gyanendra grabbed the power on February 01, 2005 to serve his own interest and ego causing a huge loss to the economy of the country and tremendous inconvenience to the Nepalese people.

In April 2006, Nepalese people rose against the despotic king and brought him down to his knees. Millions of Nepalis took to the streets demanding the restoration of the people’s power. The international community was on the side of the Nepalese people. The king bow down to the people’s demand and returned the power to the people reinstating the House of Representatives he had dissolved in May 2002.

On April 24, 2006, the king declared, “Convinced that the source of State Authority and Sovereignty of the Kingdom of Nepal is inherent in the people of Nepal and cognizant of the spirit of the ongoing people’s movement as well as to resolve the ongoing violent conflict and other problems facing the country following the roadmap of the agitating Seven Party Alliance”, and reinstated the House of Representatives.

On May 18, 2006, the reinstated House of Representatives made the nine-point declaration (see the attachment below) effectively ending the rule of the Shah dynasty and unanimously declared it a sovereign authority, and changed His Majesty’s Government of Nepal into Government of Nepal, Royal Nepal Army into Nepali Army, and removed all the royals from the names of the State-owned corporations and business companies, made the king questionable in the House of Representatives and in any court of law, and to pay taxes as any other citizen, annulled the Privy Council, and National Security Council, and set up a new National Security Council under the Prime Minister.

On January 15, 2007, the reinstated House of Representatives promulgated the Interim Constitution of Nepal of 2007, scrapped the Constitution of Nepal of 1990, and took the shape of the Interim Legislature-parliament of 330 members including the 83 members of the CPN-Maoist following the Interim Constitution. Thus, the Interim Legislature-parliament has transformed the Nepalese Maoists from the rebels into mainstream parliamentarians.

On December 29, 2007, the Interim Legislature-parliament declared Nepal a federal republic and made the provision for implementing it by the to-be-elected CA. The election for a CA was supposed to be held in May 2007, postponed it to July and then to November 2007, ultimately held it on April 10, 2008. Nepalese people have finally made the election for a CA real after 58 years. Currently, Nepal is poised to be a real republic in a few weeks time. Thus, Nepalese people have emerged victorious.



Attachment: House of Representatives’ (Nine-point) Declaration of 2006 (2063) made on May 18, 2006

Highly honoring the Nepalese people’s sacrifices of all sorts including their lives, and their participation in the people's peaceful joint movement; and in view of the state power of independent and sovereign Nepal is vested in the Nepalese people, and of the people’s peaceful joint movement that took place some time ago through which the people demonstrated the strong aspiration for proving the truth of the sole source of the sovereignty and the state power is only the people; Committing to implement the people’s mandate given by the people’s peaceful joint movement for establishing a lasting peace, democracy and for restructuring the state into an inclusive democratic state by formulating a new constitution through the Constituent Assembly to be set up by elections, following the roadmap of the seven-party alliance and the 12-point understanding reached between the seven-party alliance and the CPN-Maoist; Bearing the great responsibility of the sovereign Nepali people to strengthen the national unity, indivisibility and integrity of the country; In view of on April 24, 2006, the king declaring “Convinced that the source of State Authority and Sovereignty of the Kingdom of Nepal is inherent in the people of Nepal and cognizant of the spirit of the ongoing people’s movement as well as to resolve the ongoing violent conflict and other problems facing the country following the roadmap of the agitating Seven Party Alliance” accepted the fact that the House of Representatives reinstated under the pressure of the people’s movement is the sovereign authority; For bearing the responsibility to safeguard the achievements of the people’s movement of 1990, institutionalize the achievements of the current people’s movement, exercise all the rights to end the autocratic kingship, and move on to the establishment of the full-fledged democracy, until another constitutional arrangement is made, the House of Representatives declares itself a sovereign authority, and makes the following declaration of using the state power through this House of Representatives:

1. Legislative

1.1 The House of Representatives shall exercise all the rights concerning the legislative body of Nepal. The procedures for formulating laws shall be as prescribed by the House of Representatives.

1.2 The House of Representatives shall set the procedures as required for moving on to the Constituent Assembly.

1.3 Calling and adjourning the session of the House of Representatives shall be as follows: (a) The Prime Minister shall call the session of the House of Representatives; and the Speaker shall adjourn the session on the recommendation of the Prime Minister; (b) While the House of Representatives is in recess if one fourth of the total incumbent members of the House of Representatives at that point of time requests the Speaker for calling the session of the House of Representatives then the Speaker shall set the date and time for the session to be held within 15 days.

1.4 The House of Representatives shall formulate and implement the rules and regulations of the House of Representatives.

2. Executive

2.1 All the executive power of the state of Nepal shall be vested in the Council of Ministers. “His Majesty's Government” shall be called as “Government of Nepal” from now on.

2.2 Non-members of the House of Representatives can also be nominated to the Council of Ministers.

2.3 The Council of Ministers shall be accountable to the House of Representatives. The Council of Ministers and the ministers collectively shall be accountable to the House of Representatives, and individually shall be accountable to the House of Representatives for the business of their concerned ministries. The civil administration, army, police and all the executive bodies shall be under the purview of the government accountable to the House of Representatives.

2.4 The Council of Ministers shall pass the rules and regulations concerning the job allocations and the performances of the government, and submit it to the House of Representatives.

3. Army

3.1 The name of "Royal Nepal Army" shall be replaced with "Nepali Army".

3.2 The current provision for the National Security Council has been annulled. There shall be a National Security Council under the chairmanship of the Prime Minister for controlling, using and mobilizing the Nepali Army.

3.3 The Council of Ministers shall appoint the Chief of the Army Staff of the Nepali Army.

3.4 The current provision for the Supreme Commander of the Army has been annulled.

3.5 The decision of the Council of Ministers on mobilizing the Nepali Army shall be tabled on the special committee prescribed by the House of Representatives, and get it endorsed within 30 (thirty) days.

3.6 The form and the nature of the Nepali Army shall be as required by the nation.

4. Rajparishad (Privy Council)

The current provision for the Rajparishad (Privy Council) has been annulled. All the functions performed by the Rajparishad (Privy Council) shall be as prescribed by the House of Representatives.

5. Royal Palace

5.1 The rights to make, amend and annul the laws on the heir to the throne shall be vested in the House of Representatives.

5.2. Expenses of and benefits for His Majesty the King shall be as prescribed by the House of Representatives.

5.3 The private property and incomes of His Majesty the King shall be taxable pursuant to the laws.

5.4. Actions of His Majesty the King shall be questionable in the House of Representatives or in the court of law.

5.5 The current Royal Household Service shall be incorporated into the Civil Service.

5.6 The security arrangement for the Royal Palace shall be as prescribed by the Council of Ministers.

6. The current problem of the citizenship shall be resolved soon.

7. The current "national anthem" shall be changed into a new alternative composition.

8. Nepal shall be a secular state.

9.  Miscellaneous

(a) All the state bodies and entities shall consider their rights delegated by this House of Representatives, and shall exercise their rights with full faith in the House of Representatives.

(b) Officials holding specific public offices shall take an oath of office in the format and in the specified manner prescribed by the House of Representatives. Officials failing to take such an oath of office shall be relieved from their positions.

(c) All the provisions made in the Constitution of the Kingdom of Nepal of 1990 and in other current laws contradicting this Declaration shall be annulled to the extent of contradiction.

(d) The House of Representatives by its decisions shall remove any difficulties and problems faced in the course of implementing this Declaration.

(e) There shall be a committee of the House of Representatives for implementing the sub-clauses (c) and (d). (Siddhi B. Ranjitkar translated the Nepali text of the Declaration made by the House of Representatives of 2006 (2063) published in the State-run newspaper called ‘Gorkhapatra’ on May 19, 2006 into English)