Declaration of Republic in Nepal : Unconstitutional

By Dirgha Raj Prasai

(April 23, Kathmandu, Sri Lanka Guardian) On May 28, 2008 an ox gave birth in Nepal but there are no cubs. A goat has been opted for irrigation purposes rather than an ox. Legal experts and constitutional experts by bathing a donkey are trying to turn it into a cow. The plight of the CA members is similar to the plight of a snake, which cannot eat a lizard for fear that it will die and neither spit it out for the fear of becoming blind. The Interim Constitution that walked the unconstitutional path by stepping over constitutionalism was in itself handicapped. The declaration of republic on 28 May was unconstitutional.

To say actually, the number of CA members is 601 and it is in accordance to the Interim Constitution. It was a blunder to summon the first session of the parliament without the presence of all 601 members. When taking a decision on someone, it would be against the principle of natural law to deprive him/her of the right to speak on his/her defense. The Nepalese people will not support the forceful systemization of illegitimate totalitarianism by depriving the king to defend himself. The royal institution has not vanished; it remains tall. America and agencies like the United Nations Mission are intervening and maintaining a dominating attitude. They want to ignite a civil war and fulfill their desires. India had been investing to establish a republic with the help of our corrupt leaders. The result has been just the opposite.

Independent creative opinion is given foremost importance in the all-party politics. The mandate of the people’s uprising is to establish a full democracy, not a republic or authoritarian rule and communism. The issues including the handing over arms, dissolution of Maoist PLA and return of seized properties should have been finalized prior to holding the election. But Nepali Congress and UML with the frustration of being defeated are conspiring, which is an attempt to bring bloodshed. The corrupt leaders of NC and UML have been continuing to seek Indian support to rob the nation of its sovereignty. All sectors of the nation have plunged into anarchy due to their misrule. Whether the destination of CA is parliamentary rule or communism was not clear. The Maoist chairman was hinted on possible one party rule saying ‘people’s republic could be established’. The political leaders are still not looking for alternate ideas when the nation is nearing disintegration. The Nepali Congress is in danger of peril after opting for republic to take revenge with the King. The plight of UML is no different after turning from opportunist to reactionary. The situation has been anarchic after the conduct of election forcefully instigated by foreigners’ in their favor.

Republic and secularism is not Nepal’s issue. The real issues are anti-nationalism, corruption and foreign intervention. The concern of Nepalese people is how to get rid of the real issues. Republic is not a way out of the problems. Terrorism would take over the nation in absence of the royal institution. The elements striving to disintegrate the nation by breeding revenge and prejudice should be denounced. How was the CA election held and what types won the election is not hidden. Murderers, pro-foreign people, criminals and thieves have emerged victorious in this election. If these people win, bloodshed would be inevitable and the devils would rule the nation. The CA election was flanked by issues of republic, secularism, federalism, caste based autonomy, inclusive and proportionality. The plight of nation after such an election has become dangerous.

The national unity was mocked by the oath taking ceremony held in over 50 different languages including Indian. Millions of foreigners were given Nepalese citizenship after the uprising. There were initiations for conspiracy to disintegrate the nation in name of caste based federalism. People who are completely unaware that the word constitution ever existed are made lawmakers under the proportional system. Interim constitution was changed many times by stepping over the principle of the constitutionalism. Late Girija Prasad Koirala,former PM should be blamed for shattering the nation. Nepal will never be secure at the hands of traitors.

Simple majority is needed to end the royal institution carrying the history of 250 years and two-thirds majority is needed to remove the Prime Minister appointed by the parliament reinstated by the same King? What kind of justice is this? Nepali Congress and UML have made a huge mistake by breaking the agreement reached with the King on 24 April, 2006. The agreement was initiated by foreigners. According to the agreement the sovereignty would be vested on the people and ceremonial royal institution would be maintained. Where is it? The properties of politics are statements, agreements and understanding.

How will the trust be maintained in case the agreements are broken? The effort by political leaders’ to break the backbone of the nation, the royal institution and Hindu Kingdom, is their failure. Amendment of the constitution has been sought to remove the provision of two-third majority needed to outs the Prime Minister. With the help of NC and UML simple majority was sought instead. The Maoist party understands that foreign powers are looking to finish them off one by one reasoning the arms, Maoist army and seized properties to be returned. I still believe that if Maoist is a nationalist party and wants to save the nation, it would save the nation by making public the bad deeds of NC and UML traitors along with chiefs of Indian investigative organizations. Nation is at blink of disintegration. Maoist party is also not free from these blames. The principle of balance and control has shattered. There is no government. Declaration of republic through force and conspiracy is unconstitutional.

In the context of the Nepalese monarchy some people including RPP-Nepal are pleading to decide republic, secularism and federalism by Referendum. But, that is also impracticable, because we can't hold referendum to decide whether the nation should be kept independent or colonized by India. A Nepali scholar, political analyst Din Bandu Aryal says-' it is not appropriate to take decision regarding the royal institution and religion through referendum. We can't hold referendum for changing the identity, which has already been establish.' When the traitors, leader of so-called three big Parties, declared republic, the Nepalese people were robbed and looted and unsecured. We are suffering through insecurity, anarchy and terror where everything is costly. So, if Nepal is to be saved then UNMIN including other foreigners must be chased away. The nation can be saved with the joint effort of nationalist elements within parties and royalist along with an agreement with the King.

No one can establish by violating agreement. All the nationalists and parties should shun the path of treason and come to agreement bearing the king and in precondition that the past mistakes and illegitimacy would not be repeated. When nationality rolls down hill it is hard to contain it. It is easy to destroy but hard to create. When our norms and values end then Nepal’s existence will end. Royal Institution is the official knot that can tie Nepalese of this small nation located between two big nations. The agreement 24 April 2006 ( 2063 Baisak 11) has already failed. In the presence of monarchy, political parties and nationalist forces including the army, police and court and various organs of the nation should revive the proclamation by King Gyanendra of 20, April, 2006, according to the 1990 constitution and form all party cabinet. From that a path should be searched with Everyone’s agreement to save the nation.