| 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.
Only dead fish swims with the stream. The CA also expired in time; no one can give the new life. The followers of CA are all defeated. Then, why the former president Dr. Rambaran Yadab, PM Baburam Bhattarai is going to exercise in futility to confuse the constitutionalism in fallacious way? The expired president is going to visit India as a President without mandate of the Nepalese people. The parties also have fallen into unconstitutional ditch – and treaded the unconstitutional path to betray the nation by adamantly clinging to his post. The former speaker and some CA Members are demanding for revival of the CA. How can the CA that died of its natural causes be revived? If we analyze the political chaos that ensued following the dissolution of CA we will find that Rambaran Yadav and Baburam Bhattarai are both fatal elements incapable of understanding national politics. Rambaran Yadav is a medical doctor while Baburam Bhattarai is the doctor of architecture. Such technocrats cannot understand political sensitivity. Everybody knows- the dissolution of legislature the post of President and Prime Minister is automatically dissolved. Not only Baburam Bhattarai’s, who was elected through CA, but Rambaran Yadav is also automatically stripped of his position.
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.