What is wrong about Drafting Nepal´s Constitution under Maoist Leadership?
Prakash Bom
April 09, 2009
Nepal Communist party United-Maoist (UM) has taken the leadership of government with the simple majority of Constituent Assembly elections. The fundamental objective of the government is to draft a secular constitution of ´Federal Democratic Republic of Nepal´ that has been declared with the overwhelming majority votes of the Constituent Assembly. Yet there are political parties such as Nepali Congress, which seemed to suspect the intention of government for Democracy and there are those ex-royalists "Hindu-feudal", who are trying to draw the attention of media for ex-king to publicize abolished crown´s next-to-impossible bet for baby-king-syndrome.
If Nepali Congress sticks to the status quo of its party establishment and doubts Maoist led government for democratic leadership with no other option then how the people and the nation can accomplish the fundamental objective of the Constituent Assembly for drafting a new constitution! For example, failing to disassociate the element of 9-points agreement from the task of drafting nation´s constitution seems nothing other than an attempt to set up a barrier against proceedings of Constituent Assembly.
Frankly, as a leading democratic party Nepali Congress should have set up its own task-force in order to guide Constituent Assembly for drafting nation´s constitution free of all political issues and party-agenda that are tied up with the activities of Maoist party. So far Nepali Congress has been unable to contribute with any renovating democratic ideas that can attend to the changing political scenario of the nation. In fact, NC has been caught up with its own old-fashioned and outdated democratic beliefs in the replica of Indian Parliamentary politics.
For example, Nepali Congress´s choice of the old-fashioned Parliamentary system of which executive Prime Minister and ceremonial President ought to be elected by the Parliament has been proved the most unstable and corrupt political system for Nepal. It seems as if NC is empty of visionary political leaderships who can persuade party to adopt a direct and modern version of Parliamentary system which can be more stable and accountable to people. For example, electing executive Prime Minister direct from general elections such as in Canada could make government more stable and accountable.
However, the executive Prime Minister appointed by majority rule (either by one party majority or coalition) has never been stable in Nepal due to the self-interest and monopoly of a party with even simple majority in the Parliament. Besides, due to the major political parties´ hierarchy based establishment the culture of free competition gets overruled within a party for selecting a qualified Prime Minister to lead the nation. Therefore, in a nation like Nepal whose political leaders are addicted to hierarchy of party-centric politics the executive Prime Minister under Parliamentary system ought to be elected by the people from general elections.
Nepali Congress´s draft presented to constitution committee for the Parliamentary system is clearly based on status quo of the party hierarchy along the line of Koirala heritage as much as Maoists´ draft for presidential system which is inclined to communist system for Maoist-idol to rule over. It is obvious that Nepali Congress´ draft eliminates free competition within the party and establishes hierarchy based parties´ supremacy for government mechanism through appointments not that different from Maoists´ presidential model with majority rule that might lead Nepal into pseudo-democracy if not it turned into Hugo Chavez´s Venezuela.
Frankly, it is not sure that one of the major political parties, Nepal Communist party United Leninist and Marxist (UML), is the only one which can lead the nation as its chairman has claimed. However, the (view) draft that UML has presented to constitution committee is far more stable democratic system, which can make both Parliament and government mechanisms much more accountable to people and the nation.
It is crucial that Nepal must discern its own method to structure stable and accountable government system that is progressive and can discourage the status quo and its feudal culture of impunity within the norms and principle of Democracy under the "Federal Democratic Republic" declaration of Constituent Assembly. Therefore, it is imperative to elect capable and qualified executive Prime Minister under the Parliamentary system direct from general elections – free competition.
It is more democratic to elect a ceremonial president as a head of the nation who might rarely possess power under "Federal Democratic Republic" set up by the Parliament or both the Parliament and Federal State Assemblies.
Similarly, the independence of judiciary can only be established if the nominations of the Supreme Court judges are scrutinized by the Parliament votes and State Court judges are by the State Assembly votes. However, district and local court judges ought to be elected for their term through direct votes of district and local constituents – free competition.
Drafting of constitution must be accomplished despite the complexity of peace process within stipulated timeframe. It is the constitution that can only guarantee the establishment of institutions of Federal Democratic Republic. Therefore drafting process must not be impeded with the peace process and its egocentric politics.
But at this transition period if Nepali Congress boycotts proceedings of Parliament by alleging the ruling Maoist for demoralizing army and interfering independent judiciary then it is unfortunate because neither the army nor Maoists nor Supreme Court have clear statute to act upon absolutely. But the decision of the Supreme Court for stay order of generals is based on technical error that government officials have made with retirement date. This should not be the cause for obstructing Parliament proceedings.
It is for sure Maoists are accountable for obstructing justice for nationwide conflicts, crime and killings and Maoist led government for the lawless and disorder. For example, Maoist cadres assaulting government attorneys in Surkhet District Court and locking the main door of the court for obstructing justice is obvious failure of law and order. Maoists´ party-wise forceful obstruction of justice has promoted farther than nation´s feudal culture of impunity.
Moreover, Maoist party is heavily tainted with its cadres´ socio-political and economic crimes. However, it is up to Maoist party to clean up its mess. If not it will lose people´s electoral democratic mandate to lead the government. But it is not fair and sensitive for other major political parties to obstruct the proceedings of Parliamentary and drafting of constitution.
If the nation is derailed from its democratic establishment and Constituent Assembly is distracted with its fundamental objective from laying foundation of the institutions of "Federal Democratic Republic" as such by major political parties (NC & UML) then the syndrome of baby king may become Nepal´s cancer. As propaganda floods the media the issue might become necessary for government to initiate fresh investigation upon palace massacre for national clarity even before accomplishing drafting of a new constitution.
It seems as if Paras Shah´s new theories and Gyanendra Shah´s attempt to instigate baby-king syndrome might lead to discovering the fact about the massacre by itself through the other evidences that are unfolding from within the circles. For example, the account of retired brigadier general Bibek Kumar Shah and Saujanya Kumar Sulya Joshi the personal secretary of late Crown Prince Dipendra Shah in 2001 in dispute of Paras Shah´s new theories draw clues that who were behind palace massacre plot. People still doubt that both Gynendra Shah and his son Paras Shah are liable and Paras Shah might have been in charge of shoot out.
The fact of the matter is that Nepal at this transition period cannot afford to be derailed from its fundamental objective of Constituent Assembly with the issues of injustice, which might one day be brought to justice with the statutes of a new constitution. But the current law and order mechanism and the interim constitution have loopholes for impunity. Despite all including peace process the nation needs a new constitution for establishing institutions of "Federal Democratic Republic" that can deliver justice and rule of law. Unless major political parties take this fundamental responsibility and discern all other issues, the nation might fall sick with the syndrome of baby-king that can totally disperse people´s aspiration – watch out!
If Nepali Congress sticks to the status quo of its party establishment and doubts Maoist led government for democratic leadership with no other option then how the people and the nation can accomplish the fundamental objective of the Constituent Assembly for drafting a new constitution! For example, failing to disassociate the element of 9-points agreement from the task of drafting nation´s constitution seems nothing other than an attempt to set up a barrier against proceedings of Constituent Assembly.
Frankly, as a leading democratic party Nepali Congress should have set up its own task-force in order to guide Constituent Assembly for drafting nation´s constitution free of all political issues and party-agenda that are tied up with the activities of Maoist party. So far Nepali Congress has been unable to contribute with any renovating democratic ideas that can attend to the changing political scenario of the nation. In fact, NC has been caught up with its own old-fashioned and outdated democratic beliefs in the replica of Indian Parliamentary politics.
For example, Nepali Congress´s choice of the old-fashioned Parliamentary system of which executive Prime Minister and ceremonial President ought to be elected by the Parliament has been proved the most unstable and corrupt political system for Nepal. It seems as if NC is empty of visionary political leaderships who can persuade party to adopt a direct and modern version of Parliamentary system which can be more stable and accountable to people. For example, electing executive Prime Minister direct from general elections such as in Canada could make government more stable and accountable.
However, the executive Prime Minister appointed by majority rule (either by one party majority or coalition) has never been stable in Nepal due to the self-interest and monopoly of a party with even simple majority in the Parliament. Besides, due to the major political parties´ hierarchy based establishment the culture of free competition gets overruled within a party for selecting a qualified Prime Minister to lead the nation. Therefore, in a nation like Nepal whose political leaders are addicted to hierarchy of party-centric politics the executive Prime Minister under Parliamentary system ought to be elected by the people from general elections.
Nepali Congress´s draft presented to constitution committee for the Parliamentary system is clearly based on status quo of the party hierarchy along the line of Koirala heritage as much as Maoists´ draft for presidential system which is inclined to communist system for Maoist-idol to rule over. It is obvious that Nepali Congress´ draft eliminates free competition within the party and establishes hierarchy based parties´ supremacy for government mechanism through appointments not that different from Maoists´ presidential model with majority rule that might lead Nepal into pseudo-democracy if not it turned into Hugo Chavez´s Venezuela.
Frankly, it is not sure that one of the major political parties, Nepal Communist party United Leninist and Marxist (UML), is the only one which can lead the nation as its chairman has claimed. However, the (view) draft that UML has presented to constitution committee is far more stable democratic system, which can make both Parliament and government mechanisms much more accountable to people and the nation.
It is crucial that Nepal must discern its own method to structure stable and accountable government system that is progressive and can discourage the status quo and its feudal culture of impunity within the norms and principle of Democracy under the "Federal Democratic Republic" declaration of Constituent Assembly. Therefore, it is imperative to elect capable and qualified executive Prime Minister under the Parliamentary system direct from general elections – free competition.
It is more democratic to elect a ceremonial president as a head of the nation who might rarely possess power under "Federal Democratic Republic" set up by the Parliament or both the Parliament and Federal State Assemblies.
Similarly, the independence of judiciary can only be established if the nominations of the Supreme Court judges are scrutinized by the Parliament votes and State Court judges are by the State Assembly votes. However, district and local court judges ought to be elected for their term through direct votes of district and local constituents – free competition.
Drafting of constitution must be accomplished despite the complexity of peace process within stipulated timeframe. It is the constitution that can only guarantee the establishment of institutions of Federal Democratic Republic. Therefore drafting process must not be impeded with the peace process and its egocentric politics.
But at this transition period if Nepali Congress boycotts proceedings of Parliament by alleging the ruling Maoist for demoralizing army and interfering independent judiciary then it is unfortunate because neither the army nor Maoists nor Supreme Court have clear statute to act upon absolutely. But the decision of the Supreme Court for stay order of generals is based on technical error that government officials have made with retirement date. This should not be the cause for obstructing Parliament proceedings.
It is for sure Maoists are accountable for obstructing justice for nationwide conflicts, crime and killings and Maoist led government for the lawless and disorder. For example, Maoist cadres assaulting government attorneys in Surkhet District Court and locking the main door of the court for obstructing justice is obvious failure of law and order. Maoists´ party-wise forceful obstruction of justice has promoted farther than nation´s feudal culture of impunity.
Moreover, Maoist party is heavily tainted with its cadres´ socio-political and economic crimes. However, it is up to Maoist party to clean up its mess. If not it will lose people´s electoral democratic mandate to lead the government. But it is not fair and sensitive for other major political parties to obstruct the proceedings of Parliamentary and drafting of constitution.
If the nation is derailed from its democratic establishment and Constituent Assembly is distracted with its fundamental objective from laying foundation of the institutions of "Federal Democratic Republic" as such by major political parties (NC & UML) then the syndrome of baby king may become Nepal´s cancer. As propaganda floods the media the issue might become necessary for government to initiate fresh investigation upon palace massacre for national clarity even before accomplishing drafting of a new constitution.
It seems as if Paras Shah´s new theories and Gyanendra Shah´s attempt to instigate baby-king syndrome might lead to discovering the fact about the massacre by itself through the other evidences that are unfolding from within the circles. For example, the account of retired brigadier general Bibek Kumar Shah and Saujanya Kumar Sulya Joshi the personal secretary of late Crown Prince Dipendra Shah in 2001 in dispute of Paras Shah´s new theories draw clues that who were behind palace massacre plot. People still doubt that both Gynendra Shah and his son Paras Shah are liable and Paras Shah might have been in charge of shoot out.
The fact of the matter is that Nepal at this transition period cannot afford to be derailed from its fundamental objective of Constituent Assembly with the issues of injustice, which might one day be brought to justice with the statutes of a new constitution. But the current law and order mechanism and the interim constitution have loopholes for impunity. Despite all including peace process the nation needs a new constitution for establishing institutions of "Federal Democratic Republic" that can deliver justice and rule of law. Unless major political parties take this fundamental responsibility and discern all other issues, the nation might fall sick with the syndrome of baby-king that can totally disperse people´s aspiration – watch out!
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