The reinstated House of Representatives has completed its first hundred days but critics say it has failed to do anything concrete towards holding elections for the constituent assembly– the main agenda of the country at present.
House of Representatives
House of Representatives (File Photo)
The House was reinstated following 19-day long protests by the Seven Party Alliance and backed by the CPN (Maoist) demanding restoration of full-fledged democracy in the country.
Though the parliament is moving in line with the commitment made by the seven party alliance but the slow pace of the parliament is raising concern that would the reinstated parliament be able to strike a balance between people’s aspirations for peace and stable democracy in the country and a fairly complicated political process that aims at mainstreaming the Maoist rebels.
The reinstated parliament drastically curtailed royal privileges, proclaimed itself supreme and also scrapped various ordinances introduced by the royal regime.
The House of Representatives proclamation made on May 18 this year changed the Royal Nepalese Army into `Nepali Army,’ changed His Majesty’s Government into Nepal government and deprived the King from all his prerogatives including the command over the army.
The parliament also deprived the King from his role of approving the bill passed by the parliament and also removed him as heads of various universities and trusts. Practically, King Gyanendra has turned into a civilian king with the parliament declaring that royal income and private property will now be taxable.
The parliament also made proclamations so as to end discrimination against women and dalits.
The parliament is, however, yet to make concrete decisions on the issue of holding elections of the constituent assembly and finding consensus with the Maoists for peaceful settlement of the Maoist insurgency.
The Maoists are demanding to dissolve the parliament immediately, while the parliamentary political parties are in favour of continuing it until some reliable alternative to it is found.
Interestingly, in its bid to declare itself supreme, the House of Representatives neglected the role of National Assembly—the Upper House of the parliament.
Nilambar Acharya
Nilambar Acharya (File Photo)
Talking to Nepalnews, former minister and political analyst, Nilambar Acharya, said that though the government was moving in the positive direction as per the people’s aspiration expressed during the popular movement of the country, the pace remains slow on some issues.
“The parliament deprived the King from legislative power, which is a great achievement but has failed to institutionalize ceasefire, which has not helped in creating a conducive environment for elections to the constituent assembly,” he added.
Acharya further said that the parliament has failed to destroy institutional infrastructure of regressive elements and ensure control of democratic and civilian forces over the state mechanism.
“The government has failed to make concrete decisions to institutionalize democracy and bring normalcy in villages to create conducive environment for the election of the constituent assembly and freely conduct the activities of the political parties, which are pre-conditions for the election of the constituent assembly,” said Acharya.
C K Lal (File Photo)
Similarly, columnist and political commentator, CK Lal, argues that though the parliament made a good start, it failed to maintain momentum. “Holing election of the constituent assembly is the main goal of the reinstated parliament, but it failed to move in that direction and got involved in other issues,” he added.
Some analysts, on their part, raise questions over the constitutional and legal status of the whole exercise. Talking to Nepalnews, advocate Bal Krishna Neupane said that all the activities of the parliament are illegal as the parliament was reinstated as per the roadmap of the seven political parties.
“There was no point of scrapping the 1990 constitution as per the demand of the seven political parties. Their act neither conforms to any law not the 1990 constitution, so all the activities of the ‘date expired parliament’ stand invalid,” he added.
Neupane said the SPA should have moved ahead for the election of the constituent assembly by amending the 1990 constitution by two thirds of the majority, by getting it endorsed from the national assembly and after getting approval from the King.
“More than 90 percent of the lawmakers of the reinstated parliament will lose elections if they go for fresh elections. That’s why they are fearing to go for elections,” claimed Neupane.
King Gyanendra reinstated the House of Representatives through a royal proclamation on April 24 this year that was dissolved on May 22, 2002 in the aftermath of the Jana Andolan-II.
As a debate is going on on the issue of forming an interim legislature, the reinstated parliament has found itself in an awkward position and is subject to test whether and how it will give way to new political developments in the country.
Perhaps that is where it will be judged by the history.