Can King Gyanendra sack Thapa using article 127?

September 17, 2003
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Kathmandu: President Girija Prasad Koirala, the commander of the ongoing “people’s movement” needs the revival of the now dissolved parliament. According to him, the revival of the parliament could bring back the derailed constitution and thus the democratic system back to the original track.

The leader of the UML, Madhav Kumar Nepal, strongly favors the revival of the House by the King but would not mind if he is allowed to function as the nation’s prime minister and told to head an all-party government.

Others in the agitating coalition have already made it known that the major political parties in the coalition against the monarch’s October 4 moves were cheating them. The charge of the smaller parties is that the UML and the Congress have in the recent days weakened the bonds of the coalition against the King the moment they calculated that the King upon his return from London could heed to their political demands. This is a charge that the major political parties have yet to refute.

Sher Bahadur Deuba, the sacked prime minister, still is beating his own drums saying that the King can absolve himself from all the allegations of having initiated acts that tantamount to regression if the latter restored his government.

The international community based in Kathmandu, including the US, the UK, France, Germany, Finland and Denmark, wishes the political parties to shun their differences and initiate activities that not only brings back the derailed constitution and the democratic processes to its original rails but also could handle the Maoists issue. In saying so, the international community hints that Nepal can’t exist as a democratic nation in the comity of nations for long unless all the major political forces joined hands in arresting the ailments that have gripped the country of late including those of the Maoists. Though not directly, but the US side the other day has dared to suggest the monarch also to contribute in the process that ensures Nepal as a democratic country in the midst of nations of the globe.

Though some of the basic elements that are demanded in a democratic system were missing in Nepal, but then yet we have been forced to support this country hoping that one fine morning things will come to order”, say diplomats from democratic nations posted in Kathmandu.

This clearly means that the dwindling state of democratic system in Nepal has already become a matter of serious concern for the major donors of Nepal who wish that the King too acted fast in order to institutionalize the system and fight the violence that has already crippled the nation.

The King is silent.

What is in his minds, no body knows. Whether he favors Deuba, or Koirala or wishes to elevate Madhav through the use of the same controversial article 127, no body knows.

Intellectuals have so far failed to read the King’s mind. Some say that the King will prefer to continue with Thapa but would wish the political parties to join the Thapa cabinet so that the cabinet thus formed looked like an all-party government. The political parties have already said no to such an arrangement.

Others say that the King would wish to restore the parliament but would demand from the legislative to endorse his past acts and the ordinances issued after October 4 last year so that history doesn’t blame him for having gone against democratic system. Yet others say that the King is ready for the restoration of the now dissolved parliament provided the agitating parties delete from their eighteen points demands the points that relate to the monarchy and the army.

All said and done, no body knows how the King will proceed in the coming days.

However, Bam Dev Gautam, for example, provides only three options left for the King at the moment.

The king either can take over the entire charge of the country and issue ban orders on the political parties much the same way as it was the case in the early sixties or can invite the Maoists to take up the affairs of the country on their shoulders and finally the King as the last option can seek the support of the political parties in steering the nation.

Analysts say that the first two options appear neither desirable nor feasible in the changed context in the world. If it is so, then the third option appears both desirable and justifiable as well.

But here again, how the King is viewing the emerging situation in the country specially after the talks broke with the Maoists, no body knows.

Question remains: whether the King can and should go alone or should proceed along with the support of the major political parties now in agitation.

Yet another question remains intact: Will Thapa resign if King Gyanendra instructs him to do so? Will not Thapa create problems for the King if the latter wished to elevate the ranks of Madhav or even that of Deuba.

To recall, the King can’t dismiss Thapa from his current post as Thapa is invested with executive powers. Is the use of the article 127 pretty enough to sack Thapa? Keep on guessing.