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Politically Looking Back To Year 2066 (2009)
BY KTM Metro Reporter
The Nepali year 2066 (2009) following the Vikram calendar has ended on April 14, 2010. The year has been the deadliest for the fledgling democracy, as ceremonial President Dr. Ram Baran Yadav instead of safeguarding democracy directly wrote a letter to the then army chief ordering him to stay on the job on the advice of the undemocratic leaders of the eighteen political parties; Prime Minister Prachanda had fired the then army chief Rukmangad Katuwal for indiscipline and for delivering political speeches going beyond his duty. Another blow to the democracy was the Vice-president-elect Permananda Jha taking the oath of office of the Vice-president in Hindi violating the Interim Constitution of Nepal of 2007; however, the Supreme Court of Nepal has corrected it. The Supreme Court of Nepal would have shown its firm independence if it has ruled the case on the President abusing the authority directly writing a letter to the then army chief.
Following the democratic norms and values, Prime Minister Prachanda resigned on May 4, 2009 protesting the President’s unconstitutional and undemocratic move on directly writing a letter to the then army chief anticipating all democratic leaders would follow the democratic norms and values and force the President to correct the undemocratic action.
However, instead of serving subpoena to the President and impeaching him for the unconstitutional move, the leaders of the so-called parliamentary parties particularly the NC and the Communist Party of Nepal-Unified Marxist and Leninist (CPN-UML) boasted that they have saved the country from the Maoists’ grabbing power. The reality was the Maoist Prime Minister Prachanda voluntarily quit the power and opted for going to the people for saving democracy; the Maoists have been peacefully protesting the President unconstitutional and undemocratic move since then.
The legislators have elected Prachanda for the position of Prime Minister by overwhelmingly majority votes. He formed a government encompassing all major political parties except for the Nepali Congress (NC), as its leaders particularly the late Girija Prasad Koirala did not want to join the government going against the need for following the consensus politics and went on staying on the opposition. That was another great blow to democracy.
The Maoist legislators have taken the issue to the legislature for democratically discussing the President’s move on directly writing a letter to the then army chief. Under the pressure of the parliamentary party leaders and disregarding the democratic values and norms, Speaker of the legislature Subash Nemwang refused to discuss the issue at the legislature.
The so-called parliamentary parties NC and CPN-UML leaders have made another the most undemocratic move on making the man called Madhav Nepal rejected by voters in two constituencies in the elections held for the Constituent Assembly-cum-legislature on April 10, 2008. Again, the so-called leaders such as Acting President of NC Sushil Koirala unfortunately also rejected by the people in the elections held on April 10, 2008, and the NC parliamentary leader Ram Chandra Poudel have been shamelessly supporting Madhav Nepal, and legitimizing the illegitimate Prime Mister.
The leaders of NC and CPN-UML have been accusing the Maoist leaders of hindering them in completing the writing of a new constitution whereas the Maoists counter charge the parliamentary leaders with not cooperating with them to complete the writing of a new constitution. Speaking at the public functions and to the morning program called ‘antar sambad’ of the Radio Nepal, Maoist leaders have repeatedly said that they have proposed the leaders of the parliamentary parties to complete the contentious issues of the constitution writing discussing those issues and coming to the consensus on them if possible, if not then follow the democratic process of the majority rule but the so-called leaders of the parliamentary parties have not agreed on even such democratic practices.
The Constituent Assembly members working on different subject matter committees have completed their tasks of preparing the drafts and concept papers on their respective subject matters for a new constitution. They have submitted their respective drafts and concept papers on a new constitution to the Chairman of the Constituent Assembly. So, the political leaders have to agree on the contentious issues and make the draft papers final for the final draft of a new constitution. Apparently, refusing to accept the democratic norms of the majority rule on the various contentious issues, the parliamentary leaders have put on hold the completion of writing a new constitution and certainly promulgation of it on schedule.
The Supreme Court of Nepal has done very appreciable work on giving the ruling on the language of oath taking for the elected high offices. Disregarding the democratic values and ignoring the Interim Constitution of Nepal of 2007, Vice-president-elect Permananda Jha took the oath of office of the Vice-president from the President in Hindi despite the President giving him in Nepali. The Vice-president’s undemocratic move on taking an oath of the office in Hindi provoked widespread protests across Nepal. The Supreme Court of Nepal ruled that the Vice-president taking the oath in Hindi has violated the constitution, so, either he take the oath in Nepali again or face suspension from the office of the Vice-president. He chose to be suspended for the time until the legislature amended the Interim Constitution of Nepal of 2007 for making the provision for taking oath of the high elected offices in the mother tongues.
The Supreme Court of Nepal has another politically crucial case on the President’s undemocratic and unconstitutional move on directly writing a letter to the then army chief. If the Supreme Court of Nepal has given its ruling on such a politically important case on time, the country would not have needed to go through such a politically confusing situation and the Supreme Court of Nepal would have shown its real independence.
The parliamentary leaders have been supporting Prime Minister Madhav Nepal that has bullied the rule of law and awarded the contract for printing machine-readable passports (MPRs) to the Indian government-run company for printing four million MRPs at the cost of US$ 4 per piece. The Public Accounts Committee (PAC) of the legislature has repeatedly suggested the government of Madhav Nepal to follow the Public Procurement Act of 2006 for awarding the contract for printing MRPs, and to make it transparent. However, disregarding the suggestion of the PAC and canceling the international bids called for printing MRPs, the government of Madhav Nepal has awarded the contract for printing MRPs in India causing a tremendous loss to the nation, as the price of printing MRPs in India is much more higher than the price offered by the international bidders.
The Maoists have called for a nationwide shutdown on April 12, 2010 protesting the Madhav government awarding the contract for printing MRPs not following the rule of law. One day before the shutdown of Nepal, the Madhav government annulled the contract for printing MRPs in India under the intense pressure of the PAC and the Maoists. The Maoists in turn called off the shutdown as the Madhav government has terminated the contract for printing MRPs in India.
Indian Ambassador Rakesh Soodh went to meet with Prime Minister Madhav Nepal and then former Prime Minister and Chairman of UCPN-Maoist at their respective residences to show his dissatisfaction at the annulment of the contract for printing MRPs in India. Obviously, Prime Minister Madhav Nepal has pointed his finger at the Maoists for his action on canceling the contract. Ambassador Soodh went to see Prachanda at his residence on April 14, 2010, and obviously, he has told Prachanda that he was upset with the anti-Indian activities of the Maoists; however, Maoist Chairman Prachanda has told Ambassador Soodh that the Maoists are not anti-India but anti-unequal treaties Nepal has with India.
April 15, 2010.
