Parties’ strain 1990 Constitution!

June 4, 2003
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Kathmandu: So far King Gyanendra has stuck meticulously to constitutional provisions in his interpretations of resolving the prevalent constitutional crisis. He had in October last asked parties’ represented in the now dissolved parliament to contribute to the making of the government. Having failed to secure cooperation from the parliamentary parties, he then lodged Lokendra Bahadur Chand as Prime Minister ostensibly upon tacit agreement of these very parties who claimed the post for themselves. He then asked the political parties for their ministerial candidates. Not receiving cooperation here too, the Chand cabinet was constituted of the fresher and members of parliament of junior parties. The Chand government resigned last week. He again as promised by him publicly summoned leaders’ of political parties represented in the parliament and demanded a unanimous candidate to head the government.

As constitutional monarch the King has played his role. It is the constitutional role of the political parties that is now being put to test. Having agreed initially on Madhav Nepal as unanimous Prime Ministerial candidate, five agitating parliamentary parties’ namely the congress, the UML, the Jan Morcha, the NMKP and the Sadbhavana (Anandi Devi) together now hitch their nominations with the restoration of the dissolved parliament. Three major parties in parliament, the Deuba congress, the RPP and the Sadbhavana (Mandal) stake their separate claims to government. Political parties outside the parliament reject the agitation totally.

At time of writing, Madhav Nepal’s nomination appears now a dicey possibility in terms of constitutionality. His is not a unanimous parliamentary choice. Moreover, the constitutional provisions demanded of the King are very testy. Can the King constitutionally revive a parliament the dissolution of which has already been upheld by the nation’s apex court? Can the King make a political decision under this constitution upon demands from the streets?

It is here that the constitution has by strength of the agitation been further compromised in the name of democracy. The coming days, by political action on part of those championing democracy, are likely to be crucial to the constitution itself.