Some Glitches on Forming a New Government

By Siddhi B. Ranjitkar

After the election for a Constituent Assembly (CA) held on April 10, 2008, the Communist Party of Nepal-Maoist (CPN-Maoist) collected 220 seats out of elected 575 seats, the Nepali Congress (NC) 110, Communist Party of Nepal-Unified Marxist and Leninist (CPN-UML) 103, Madheshi Peoples’ Rights Forum (MPRF) 52, and Terai Madhesh Democratic Party (TMDP) 20. The like-minded political parties such as the CPN-Maoist, MPRF, and TMDP together could garner simple majority in the CA if they would like. Similarly, other like-minded parties such as NC, CPN-UML, MPRF, TMDP, and other small parties together could acquire a simple majority, too

The CPN-Maoist has claimed for forming a new government as it has collected the largest number of seats in the 601-seat CA: 575 seats are filled out by elected members and 26 are nominated by the Prime Minister pursuant to the Interim Constitution of Nepal of 2007. Some leaders of the NC are not for giving in the power the NC leadership has been enjoying since the king surrendered it to the Nepalese people. Similarly, some leaders of the CPN-UML are for supporting the CPN-Maoist’ government with some conditions as does the MPRF.

Speaking at the central committee meeting of the CPN-Maoist on Monday, April 28, 2008, its Chairman Prachanda said that his party would lead the new government; however, all decisions would be made based on the consensus; he made it clear that the Nepalese people have given his party the mandate to lead the next government; so, there is no alternative to it.

Coordinator of the MPRF Upendra Yadav said that his party would support the government of any party that would meet the demands of his party and implement the eight-point agreement reached with the Government of Nepal on February 28, 2008.

Coordinator Upendra Yadav also has said that an amendment to the Interim Constitution is necessary, as it has an Article such as only two-third majority of the members of parliament could form a new government; so, it goes against the principles of democracy, as the government formed in such a way could not be removed without the support of the political party in power; thus, the government would not be a changeable and could result into being an authoritarian government.

In addition, the Interim Constitution has the provision for doing everything with the consensus of the seven political parties. According to Coordinator Upendra Yadav, an amendment to this provision is also necessary, as new political parties have emerged from the election for the CA.

Coordinator Upendra Yadav also said that Prime Minister Girija Prasad Koirala should resigned and an amendment to the Interim Constitution should be done to pave the way for forming a new government in the first session of the CA, as both these things have stood in the way to the formation of a new government.

Maoist Leader CP Gajurel said at the central committee meeting of the CPN-Maoist that an amendment to the Interim Constitution of Nepal of 2007 was not necessary to forma new government, as the Nepalis gave the mandate to the CPN-Maoist to forma new government.

NC Vice-president Gopal Man Shrestha said that the NC would not give up the leadership of the government until the CPN-Maoist disposed of the arms possessed by the People's Liberation Army (PLA) or turned them over to the Nepali Army. He also said that the CPN-Maoist needed to have the support of two-third of the CA members for claiming the leadership of the government.

Maoists’ leader Janardan Sharma called Prabhakar asserted that the CPN-Maoist would form the next government under the leadership of Chairman Prachanda following the people’s mandate given in the election for a CA held on April 10, 2008. He said that it would go against the people's verdict if other political parties would not let the CPN-Maoist lead the government. So, Prime Minister Girija Prasad Koirala needed to step down honoring the people’s verdict.

The CPN-UML leaders are for letting the CPN-Maoist form a new government; however, they want it to be a consensus government and distribution of the portfolios of the Head of State, Prime Minister, and Speaker of the CA to the political parties should be done in such a way that the balance of power would be maintained.

Communist Party of Nepal-Marxist and Leninist (CPN-ML) General Secretary C.P. Mainali said that following the democratic principles the CPN-Maoist should lead a new government based on the consensus of all political parties.

The current government headed by NC President Girija Prasad Koirala is a consensus of seven-party alliance, and is based on the majority the NC had enjoyed at that time. The NC possessed about 40% of the total seats and the largest number of the seats in the Interim Legislature-parliament. Currently, the CPN-Maoist has slightly higher than 38% of the total elected seats and has the largest number of seats in the CA.

The founders of the Interim Constitution had deliberately made the provision for two-third majority for forming a new government if the political parties could not come to a common agreement on a new government. Two-third majority means indirectly the consensus of all political parties.

If the Interim Constitution has the provision for a simple majority for forming a new government, the political parties would polarize into leading and opposition parties. The leading political party might monopolize the power and would write a constitution based on the majority not on the consensus of all political parties. Thus, there is a justification for the provision made in the Interim Constitution of Nepal of 2007 for the two-third majority for forming a new government. So, all major political parties need to come together and form a consensus on writing a new constitution of Nepal and on forming a new government.

One thing is clear that current Prime Minister Girija Prasad Koirala has done enough for transforming Nepal from the situation of the political confusion into the current political situation of making Nepal a republic; now, he needs to give the way to a new generation of politicians to lead the government and to lead the country to the prosperity. In addition, he has a health problem; his old age has been the concern for all; all these things call for the retirement of the current Prime Minister for the benefit of all Nepalis.