The role of House of Representatives (HoR) is very crucial at this moment when the King has been pushed behind the scene from his active role. If the HoR, which is the only source of power, is dissolved in accordance with a demand of some intellectuals and political zealots, the country may face difficult consequences. Although some of its declarations were unrestrained and without check and balance, the HoR can still play the important role to make the present transition smooth and peaceful. It seems psychology of fear of present political instability is haunting the minds of the leaders of present legislature so the members of HoR are in a dilemma and confusion. The dynamism of the crisis is so broad that after the institution of monarchy, the legislature is feared to be the next victim unless its members follow cautious and constitutional means

By KESHAB POUDEL

Just twenty four hours after passing a controversial regulation of House of Representatives – which aims to clip all the powers of the King – prime minister Girija Prasad Koirala appointed Amik Sherchan, chairman of United People’s Front, a radical communist party ideologically closer with the CPN-Maoist, as deputy prime minister of the cabinet. Koirala expanded the cabinet following his goodwill visit to India . The inclusion of radical communist leader Sherchan in a high position seems to begin a new phase of adjustments and readjustments in politics.

House of Representatives : In adventurous mode?
This is the first experiment in the Nepalese politics when a leader of liberal democratic party and prime minister Koirala chose two communists as his deputy prime ministers.

After appointing Sherchan, who is not a member of House of Representatives, and who is a leader of a political front with just three members in HoR, Prime Minister Koirala has cut the size of the largest coalition partner CPN-UML and second largest partner Nepali Congress (Democratic).

At a time when Maoists, too, are demanding the dissolution of HoR and the new regulations nearly pushed judiciary into a confrontational level, the inclusion of Sherchan, a close ally of Maoists, in the cabinet indicated that the coming process of new political adjustment and readjustment will be a difficult one.

The HoR is, at present, making itself controversial by taking unnecessary decisions to the extent that nobody is in a position to defend it. But in this changed political context, it is equally true that there is no replacement for the HoR.

“Because of its actions, those who are in favor of the parliament are silent – by unprincipled and irrational adventurism, by claming the HoR above the constitution and above the sovereign people also, it has invited controversy. The sovereignty of the people is exercised either through an upheaval or through periodical elections. One cannot expect people all the time dictating from the street. That would be a sheer mobocracy, which nobody desires. The other way is to exercise the franchise, which is not possible till the elections for CA is completed,” said a political analyst.

“The present HoR should have a sense of self restraint as a caretaker legislature for a very short duration but it is the typical character of illiberal democracies of a developing country that whoever comes to power goes unrestrained without check and balance,” added the analyst.

“The parliament especially the one which has been revived as consequence to popular movement supported by international community has to give legitimacy to its act and, to give it a legal terminology, to constitutionalize democracy. Democracy reflects popular aspiration and will of the people whereas constitutionalizing it legitimizes the democratic exercise of power. Unfortunately, despite strong suggestion of many well wishers, lawyers and experts, the House of Representatives has not given thought to legitimizing the exercise of its power,” said eminent constitutional lawyer and senior advocate Kusum Shrestha.

Others argue that instead of adopting amendment procedure for introducing changes, the HoR is acting like an autocrat who claims that he is the state. This is an unconstitutional practice.

Role of Judiciary

Judiciary of Nepal has more than half a century experience of exercising its power of judicial review. The present adventures in the power foresaw a threat from it and, therefore, declared a humiliating provision to bend the judges to its authority by an oath-taking clause.

Supreme Court : Guarding the independence
“Some of the upright persons in the judiciary risked their job and opposed the provision of humiliating formalities of oath-taking, which was totally unexpected for the zealots in the power who had to go for a reversal soon,” said the analyst.

“We have allegiance to the constitution. The judges take the oath to protect the constitution and work under it. There is no question to take oath again in same constitution,” said Supreme Court justice Anup Raj Sharma. “If they bring the new constitution and the new system, then the judges can take another oath. Since the constitution of the Kingdom of Nepal 1990 is still there, we don’t have to prove allegiance over it again,” said justice Sharma, one of the judges of the bench which declared that constitution as above all authorities quashing King’s order to establish the Royal Commission for Corruption Control.

“Commitment to the constitution is the hallmark of the independent judiciary. Thus, judiciary is committed only to the constitution,” added Shrestha.

Others, too, backed the stand taken by the judges of the apex court. “There is no need for the judges to take oath in front of members of HoR. Judges can take their oath in front of people,” said Shambhu Thapa, president of Nepal Bar Association (NBA). Once again the judges of the supreme court have been widely appreciated for their just and dignified stand.

The legislature had to bow down to the Supreme Court when the judges collectively declared to defy the oath because it could defame the independence of judiciary.

Many argue that HoR has neither strength of military force nor coercive apparatus of the state. Its strength lies in command of the respect of people and legitimacy of its acts.

Although the loggerhead between the House of Representatives and Supreme Court was averted following the last minute interventions and agreement between judiciary and legislature, it has already created distrust and mistrust between them.

Apprehensive of reprisals of the judicial review by the Supreme Court, the HoR withdrew it proposal to bend the justices to take the oath of allegiance to the House. The Supreme Court has developed certain stature in the popular estimation by its periodical test and threats in critical cases. Some of the judges have come out with a strong comment against the humiliating clause for the protection and preservation of the dignity of courts as well as their own.

“We are committed to the Constitution of Kingdom of Nepal 1990 and our allegiance towards it,” said Supreme Court justice Anup Raj Sharma. Even the president of NBA Thapa challenged the House of Representatives. “If they have guts, they must forward impeachment of motion,” said Thapa, adding, “Otherwise, members of the House should stop threatening the independence of judiciary.”

Vocal leaders of the bar who had lead role in recent uprising also joined the anguish of the judges and warned the politicians to respect their commitment for independent judiciary. It seems there were some clever machinations to shatter the trust between legislature and judiciary but they have been averted for the time being. But it is not the end of the crisis.

Difficult Transition

The period between this constitution to the constitution to be made by the CA is a period of very difficult transition. If politicians of Nepal are not extraneously interfered, the stability provided by present constitution could be a dependable framework that helps in the successful reaching to a new constitution.

“This transition could be more convenient and predictable but things are not the results of internal forces only,” said the political analyst. “It is logical and plausible that this constitution should continue as a support and a source of power to all. But the elements which had always been used for destabilization even to the extent of creating chaos and anarchy have started arguing for the dissolution of HoR and an interim arrangement about which no two persons have one opinion.”

According to analysts, trouble-makers want to have interim constitution but there can be hardly any consensus about the source of that constitution. If HoR is dissolved, who else except the leaders of Seven Party Alliance could bring out the interim constitution. That will have no better legitimacy than this constitution, which was an outcome of popular movement of high credibility in 1990.

There is a problem of accommodating conflicting ideologies and programs of armed and unarmed political parties. “If there is a design to create problems only without any foreseeable solution, the logic of interim constitution could be understood well but persons who perceive the Pandora’s Box of CA being opened are horrified by the idea of any other interim constitution instead of this constitution,” added the analyst.

Whether it is possible or not, the CA has emerged as a solution of the present deadlock. The present constitution has, in fact, been already converted into an interim constitution. Till CA comes out with a form of particular constitution, it will be unfair to propose any other alternative model in this transition period. There is no logical ground to do away with this constitution and jumping into the darkness.

In its effort to prove supreme, the House of Representatives amended its regulations taking over as much power as possible even asking all the heads of constitutional bodies to take oath of allegiance before it.

“They have acted with a misconception that the Royal declaration of April 24 had transferred its arbitrary power to the parliament. The whole sprit of declaration reflects that this reinstated HoR is above the constitution and, therefore, it is more powerful than its predecessor,” said the analyst. “The term absolutism has been fully practiced by this HoR by humiliating terms of oath to the Supreme Court judges also besides assuming the executive and legislature powers absolutely. What happened because of the reckless actions of the King to the institution of monarchy has not made wiser the members of parliament becoming so arrogant and arbitrary.”

By making a series of important announcements, the HoR members show their psychological tensions. A fear complex of present political instability is haunting the minds of the leaders of present legislature of the country. The dynamism of the crisis is so broad that after the institution of monarchy the legislature is feared to be the next victim.

“The institution of the parliament is all the time sensitive towards the popular opinion for its periodical renewal and, therefore, it is more accountable to the people than any other constitutional instrument. The resolution of the House of Representatives was exceptionally misconceived derailment. Despite that this could be forced to follow fresh opinion of the people.”

The present political combination in the legislature, if it continues, most probably might be reflected in the coming formulation of constituent assembly, and in that way may have an influence over the constitution made by it.

The force which acted against the King now has House of Representatives as its target. Then politicians were used against the King. Now they will alone face their extinction. To seal off their magic fate, leaders in the legislature in a panic declared themselves as having all the powers in them.

MPs in the House : Assertive debates
“One by one, prominent leaders of the legislature have come out with their horse trading rescue deal with the unseen power center to have a respite for the time being for this house. But, there is no sign that this could be conceded. Amazingly even those media persons who had all the time popularized the issue of the agitation without discriminating whether it was rational or irrational, have suddenly come out so harsh and meaningful in their language, which suggest the people that the country has reached into a new realignment in which some of the radicals may be purged out from their long continuing political role in the nation’s politics,” said the analyst.

Even the leaders of SPA, who opposed the move to dissolve the HoR, are now showing signs of flexibility. “There is no question to prolong the life of the House of Representatives. We are ready to shorten the life of the HoR to pave the way for the free and fair elections of Constituent Assembly (CA),” said CPN-UML general secretary Madhave Kumar Nepal.

The Maoist leadership has also demanded for the dissolution of HoR. ‘The HoR does not represent popular will of the people. Sooner the revived house is dissolved, better it is for the future negotiations,” said Krishna Bahadur Mahara, spokesman of CPN-Maoist and convener of Maoist negotiation team.

After inducting Sherchan into the cabinet and decision to suspend session of HoR, CPN-UML’s role has already been reduced. This is a long political strategy to change the political alignment. “A new realignment for the CA for new constitution may not have those communist radicals who were useful against the traditional institution of monarchy. Adopting a shrewd tactic of eliminating one by one, now the turn is of elimination of leftist radicals from the politics of Nepal whether they are of Leninist or Maoist commitment,” said the political analyst. “With lock, stock and barrel, they are all to meet the similar fate which was due soon after the overthrow of Soviet style of communism.”

Even prime minister Koirala showed certain change in his style. It is said that Koirala is not happy with functioning of radicals. According to a reliable source inside Baluwatar, Koirala was never so harsh in his words to anybody in recent times. Recently, he is said to have expressed his anguish to his senior colleagues in the party Sushil Koirala and Ram Chandra Poudel. His anger was against the resolution of the House in which the two Congress party toed the line of leftists radicals.

The problems of giving shape to the higher ideals in practice were a very big challenge to the politicians of the forefront during the last three terms of the parliament. As there are seen and unseen activities going on, it is inevitable that a new political process of adjustment and readjustment would proceed. These under-current current political activities seem to be haunting the minds of legislature.