| by Dirgha Raj Prasai
( December 25, 2012, Kathmandu, Sri Lanka
Guardian) It is matter of grief for all democratic analysts in all over the
world. Since 24 Dec. 2012, Dr. Rambaran Yadav is visting in India as a
President (head of the state) of Nepal. After the experiment of Constituent
Assembly, the President Rambaran Yadav has no right to visit as a President to
India or any country. The former Congress man Rambaran Yadav has forgotten his
expired tenure of President. According to the Interim constitution-2063,
Rambaran had become a president for 2-4 years. His tenure is already finished.
Then, how and why Dr. Rambaran Yadav visits as a head of the state in India?
The constitution could not be drafted in time. In such situation President and
PM can't exercise their power. After the experiment of Constituent Assembly
(CA) the President, PM including the Interim constitution is not in existence.
The president, PM including Congress, UML-the gang of traitors are defining the
articles 38 (1)–(2) of the dead interim constitution as they think convenient
for their purpose. It is a matter of grief that the PM Baburam is refusing to
leave his post. The dead interim constitution has no provision in regards a
re-election of the CA or any other election also. How can an election be
declared on basis of consensus when there isn’t any right guaranteed in this
regard? If there is to be an election on basis of agreement, then, they why do
we need a constitution? So, the situation of Nepal is very critical. In such
critical situation the Chairman of Nepali Congress Susil Koirala has suggested
canceled the visit to Rambaran Yadab in India.
The consensus reached with the King was
breached on 24 April, 2006 under the direction of India and Western nations.
After which they looked to extirpate Nepal’s existence. Just recently King
Gyanendra publicly stated in regards to the agreement reached on 24 April. 'The
then seven political parties and I had reached a written agreement on retaining
the royal institution. The first point of the five point-agreement stated that
the transformation will take place on basis of the 1990 constitution, the
second point calls for reinstatement of the dissolved parliament, the third point
agrees on retaining the multiparty system and fourth point for retention of the
constitutional monarchy for generations to follow. The fifth point states that
the all four agreements will work in tandem.' It is to be noted that on 22 May
2002 the then Prime Minister Sher Bahadur Deuba had sent a recommendation to
the King to dissolve the parliament elected in 1999.
Nepal’s plight is very sensitive. What causes
have contributed in bringing the nation to current plight and how this chaotic
scenario became a possibility? Who is to take responsibility for this
retrogression? Nepali Congress (NC), UML and the Maoists that came to power
after 2006 do not want to take responsibility of the dangers faced by the
nation. Who is the officially responsible power? Nepali Congress leader and
senior advocate- Devendra Nepali, was not any less influenced. Nepali was
incarcerated for eight years in the struggle for multi-party system. Nepali,
who is also an advocate, bravely says- 'Republic, federalism and secularism imposed
against nation’s interest will wreck the nation. These agenda’s are malicious
for the nation.' He says that it is insignificant to say that the nation is
without a constitution when the relevance of the 1990 constitution continues
with monarchy. Once, Rambaran Yadav is a staunch supporter of B.P and favors
the royal institution. But Girija made him the President of a Republic. Girija
has made these leaders scapegoats. Rambaran’s present acts have proved that
even the greatest patriots without an ideology become devils. Had Rambaran
Yadav’s intellect been adequate, on the very next day following the dissolution
of CA he would have said- 'We have all failed; now the state must run on 1990
constitution.' And having said so, he would have appealed to King Gyanendra to
take control of the state. He would not have had to earn ignominy as such by
slyly continuing to remain at Sheetal Niwas with remorse.
In reality Nepal’s situation is different from
that of other nations. Located between the two large nation – China and India –
Nepal cannot function with balance in a Republic setup or any other system
except that of the royal institution. The foreign activities were rampant
during Rambaran’s tenure as well. Now, Rambaran wants to become as that of
king. Such nonsense thinking may lead to the possibility of the nation falling
into a quagmire of conflict. The President will have to follow the directives
of whosoever invested and played the role in his/her success in election. The
foreign activities in that time will increase merging Nepal’s existence into
the soil. NC leader Ganeshman Singh used to say-'Who is and who is not a
patriot will be found out after the person reaches a power position in the
state.' Rambaran has shown his status as a sly traitor. Damned be his
nonsensical and talkative advisors who are running after money. And now, he is
visiting India looting a huge amount of Nepal along his whole family.
People have always feared fire, flood and a mad
dog. Similarly in Nepal people fear the activities of foreign intelligence
agencies and the Maoists. PM Baburam and Prachanda want to take advantage of
this turmoil to turn Nepal into a Christian state. The Madhesi lots, who are
staunchly pro-Hindu, have also become Maoist's trap of Western nations to rape their
mother religion. It is point able the Madhesi leaders die for post, money and
Hilly girls. Like a rabid dog they go anywhere and eat anything. The people of
Terai have written that the Indian Embassy sees them as its slave. I feel that
the cause of death of Madhesi leaders will be the people of Terai. As the new
constitution could not be promulgated it automatically rendered the 2006
interim constitution obsolete. The President and the Prime Minister who have
already become erstwhile and lost legal status are trying to turn the nation
into a contract based business, why? We can honorably enthrone the King in
respect to the unchangeable provisions in the 1990 constitution.
Then we
can free the nation from this prevailing turmoil by categorically planning on
controlling foreign activities and developing the nation. To plan such points
of development the Nepalese people, state organs, court, national army and
security sources must be prepared. In politics character and stance plays an
important role. The political leaders from be free of any tarnish. The
leadership must always present itself as clear in the eyes of the people.
Mistakes are bound to follow any effort. The leadership must be able to
recognize mistakes to rectify them timely. The leaders that have been active
after 2006 do not want to recognize their mistakes. So they stink. Without any
meaning Nepali Congress and UML among other parties who were the creators of
the 1990 constitution came under the Indian influence in support of drafting a
constitution through a CA. It is my request that Rambaran can visit personally
but not as a fake head pf the state. He should realize for the sake of Nepalese
goodness and his future prospects.
Those who cannot evaluate the situation in time
are bound to fall into trap. CA has already died. With the death of CA the
elected PM and the President have also lost their status. The interim
constitution is unworkable. The state must take action against those adamant on
running the interim constitution which is also dead. The interim constitution
does not contain any such provision as could provide a solution for the nation
from current plight. It was handicap and on the night of 27 May it died. So, so
other alternative is possible than to reverting to the 1990 constitution with
King for transformation and consensus.
The reality is that, if Monarchial democracy is not Nepal, China comes
with communism for its security and gradually India also converts as a
Communist country. So, for the sake of democratic sense in Nepal and India,
there should be monarchical democracy in Nepal and republican democracy in
India. So, in the context of Nepal, it is necessary all patriotic
forces–Nepalese people, nationalists within the parties, the court, security
sources, national army, employees, laborers, farmers and the King must save the
nation from drowning.
Dirgha Raj Prasai is a former Member of
Parliament in Nepal, a political analyst and regular columnist with the Sri
Lanka Guardian.
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