In The Court OfParliament

February 15, 2002
16 MIN READ
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In absence of “exclusive power” to recommend the dissolution of the House of Representatives, Prime Minister Sher Bahadur Deuba, like his two predecessors Girija Prasad Koirala and Krishna Prasad Bhattarai, is compelled to strike compromises with various factions within and outside the ruling party to survive. Instead of going in for unholy and unnatural compromises, Deuba can set a precedent by asserting the prime minister’s authority spelled out in the constitution. Deuba could take the emergency order directly to the people in case parliament rejects it.

By KESHAB POUDEL

When Prime Minister Sher Bahadur Deuba was consulting with opposition leaders to garner support for the state of emergency, the general secretary of the ruling Nepali Congress, Sushil Koirala, was in secret parleys with central committee members and MPs to find a way of forcing Deuba to resign. Growing internal differences in the ruling party have sidelined the state of emergency and the wider issue of Maoist terrorism, offering a playground for forces of political destabilization.

Amid the political pulls and pressure tactics from within the Nepali Congress and opposition parties, Deuba is facing a hard time securing approval for the state of emergency his government imposed nearly three months ago. Despite leading a majority government, the position of Deuba has been reduced to that of a prime minister heading a minority or coalition government. The kind of natural and unnatural compromises Prime Minister Deuba will have to make in his quest to ensure the ratification of the emergency order and stay in power remain to be seen.

The future of the state of emergency lies in the hands of the House of Representatives, as it will mature for debate within a week of its registration in the chamber. If everything goes right, debate on the motion will start on February 19. Voting must be held before February 23.

As Deuba is in no mood to assert the prime minister’s “exclusive power” to seek a fresh mandate from the people by recommending the dissolution of the House of Representatives, the likely scenario will be another round of unholy alliances among major political bosses. In the process, the Constitution of the Kingdom of Nepal 1990 may be amended, as proposed by the main opposition party CPN-UML and the Rastriya Prajatantra Party. However, this will push Nepal into another phase of political instability.

“If Deuba asserts his prime ministerial prerogative as clearly spelled out in the constitution, dissolves the House of Representatives and goes for new elections, it will save the constitution and avert prolonged political instability,” says a political analyst. Unfortunately, Deuba, like all of his predecessors, seems ready to make more sacrifices instead of opting for judicial corrections.

Although Deuba is confident that he will secure the support of opposition parties, his own party is proving unpredictable. A large number of Congress members are in a clear mood to press for Deuba’s resignation. Backed by Congress president Koirala, a strong group within the ruling party is shaking Deuba’s six-month-old government.

“I don’t believe party president Girija Prasad Koirala will pull down my government,” Deuba told reporters at his Baluwatar residence. “I don’t see any move in the Nepal Congress to oust me. The opposition, too, will help us ratify the state of emergency.”

Behind the veneer of that confidence lie indications that Deuba is ready to sacrifice the essence of the constitution, instead of asserting the authority of the prime minister. “If all parties agree to amend the constitution, I am ready for it,” the prime minister said. Unfortunately, neither main opposition leader Madhav Kumar Nepal, RPP leader Surya Bahadur Thapa, Nepali Congress president Koirala nor Prime Minister Deuba has found time to come up with valid reasons to amend the constitution.

“If the Nepali Congress and Prime Minister Deuba agree to amend the constitution to pave the way for an all-party election government, we can consider ratifying the emergency order,” said CPN-UML general secretary Nepal, addressing the inaugural meeting of the 21st session of the House of Representatives. “The ball is in the court of the Congress party.”

That’s not how Nepalis, who understand that a democratic system is based on the voice of the people, see things. When the prime minister hesitates to assert his authority and opposition leaders continue to enjoy parliamentary privileges while the people are forced to put up with the same band of politicians, the fate of any issue would be determined through dark-room maneuvering.

As internal differences in the Nepal Congress have already shaken Prime Minister Deuba, the UML’s condition will push the country deeper into the mire instability. The forces of destabilization have become so powerful that successive governments have fallen prey to them within a very short time.

In the last 12 years following the restoration of multiparty democracy, almost all of the 11 governments have passed through difficult phases of political instability. Although the Nepali Congress secured a majority for the second time in the third general elections, its ability to govern is hardly different from what it was during the hung parliament. Following the ouster of the Bhattarai and Koirala governments, Deuba has given Nepalis their third majority government in as many years. Even he is now fighting for his survival.

Opposition on Emergency

Prime Minister Deuba recommended His Majesty King Gyanendra to order a state of emergency on November 26 last year, following armed assaults by Maoist rebels in three district headquarters and the barracks of Royal Nepalese Army on the preceding two days. The aim of the state of emergency was to end terrorism by disarming the Maoist rebels.

Despite the backing the emergency and the deployment of army received from all quarters in the Nepali Congress and communist factions, a strong section in the ruling party now seems to be in a mood to oppose those moves. They want to defeat Deuba on the issue in parliament, forcing him to resign. Opposition parties, at least, seem to be sympathetic to the state of emergency by agreeing to provide conditional support.

“The government has totally failed to utilize the state of emergency to disarm the Maoists and protect civilians,” said Congress general secretary Sushil Koirala. “The government has failed on all fronts to stop Maoist terrorism.”

Although the report presented by the Congress general secretary has revealed that the security forces have seized more than 2,379 kg of ammunition, 5,252 detonators, 620 bombs, 2,038 meters of fuse wire, 5,252 detonators, 860 rifles, 27 revolvers, 160 pieces of other weapons and many other arms since the deployment of the army, his concern is on the continual Maoist attacks against the common people.

“I never said Maoist terrorism would be wiped out within a few months,” said Prime Minister Deuba. “Despite limited resources and many geographical constraints, the security forces have been successful in disarming the terrorists.”

Other opposition leaders have also asked the government to justify its decision to impose the emergency. “The government has failed to explain why it needed to impose the state of emergency,” CPN-UML general secretary Nepal said. “We never gave our consent to the decision.”

But the government thinks otherwise. “The state of emergency is a right to self defense of the state,” says Attorney-General Badri Bahadur Karki. “When the state is in the midst of a crisis, the executive has to impose it merely as a representative.”

State of Emergency

According to Article 115 Emergency Power under the Constitution of the Kingdom of Nepal 1990: (1) If a grave emergency arises in regard to the sovereignty or integrity of the Kingdom of Nepal or the security or any part thereof, whether by war, external aggression, armed rebellion or extreme economic disarray, His Majesty may, by Proclamation, declare or order a State of Emergency in respect of the whole of the Kingdom of Nepal or of any specified part thereof.

The procedure set out in the constitution states that a proclamation or order must be laid before the House of Representatives within three months and that if it is not approved it shall cease to operate. If, on the other hand, the House approves it the state of emergency can continue for a maximum of six months, with possibility of a further six-month extension.

The first three-month time limit set in Article 115 (2) would allow the executive to govern without any check on its powers by parliament for a significant amount of time. According to Article 115 (3) of the constitution, if a proclamation or order laid for approval pursuant to Clause (2) is approved by a two-thirds majority of the House of Representatives present at the meeting, such proclamation or order shall continue in force for a period of six months from the date of issuance. If a proclamation or order lay before a meeting of the House of Representatives pursuant to Clause (2) is not approved pursuant to clause (3), such proclamation or order shall be deemed ipso facto to cease to operate.

As the CPN-UML, RPP and Nepal Sadbhavana Party have not said anything against the emergency order, it is now up to the Nepali Congress to decide its fate. If the Congress central committee comes out with a unanimous decision to back the state of emergency, parliament may ratify the order, extending it for another three months.

The three radical communist parties in parliament — the Nepal Peasants and Workers Party, National People’s Front and United People’s Front — have said they would vote against the emergency order. But their minuscule presence in parliament is unlikely to have a significant impact on the voting.

Koirala’s Wish

Despite enjoying majority support in the parliamentary party, Koirala was forced to step down as prime minister six months ago because of pressure within the party and a fierce opposition campaign. Koirala seems to have found the right time to hit the Deuba government in an effort to return to power. Although general secretary Sushil Koirala, who lost to Deuba in the election to become head of the parliamentary party, is projecting himself as the next prime minister, party president Girija Prasad Koirala is considered the front-runner to succeed Deuba in case the government falls.

If Girija Prasad Koirala wants to become prime minister again, he must express his willingness in front of party workers. As a seasoned politician with more than five decades’ experience in active politics, he has every right to seek the premiership. But will he be able to provide a stable government?

“I don’t believe Girijababu will try to oust me following any wrong way. I received his blessings the day I was elected,” Prime Minister Deuba said in response to a reporter’s question at his official residence on February 10.

Instead of expressing his intentions openly, former prime minister Koirala has been pushing loyalists like Sushil Koirala, Govinda Raj Joshi and other junior leaders to put pressure on Deuba. This strategy has encouraged factionalism within the Nepali Congress, which has proved to be the bane of Nepalese politics. Within the Koirala camp, moreover, former foreign minister Chakra Prasad Bastola is said to be pushing his agenda.

“Girijababu and Kishunji are like institutions, so they can demand anything. If Girijababu wants to become prime minister again, why doesn’t he ask Deuba to step down?” asks senior advocate Mukunda Regmi. “At this crucial juncture when the Congress government is facing a major battle in parliament to ratify the state of emergency, can’t leaders postpone their internal struggle for another few weeks?”

Koirala and Deuba

Although former prime minister Koirala is waging a war against Deuba, he does not have any potential alternative. This is why he chose to remain neutral in the last election for the parliamentary party leadership. Had the Congress president supported general secretary Sushil Koirala, result may not have gone easily in favor of Deuba. Despite their political rivalry, Deuba and Koirala are good companions in the Nepal Congress and they may remain so for a long time.

Although Deuba is leading many die-hard Koirala opponents and the Congress president is surrounded by fierce critics of the prime minister, Koirala and Deuba have not open their mouths against each other. When Deuba’s first government fell in 1997, he handed over the parliamentary party leadership to Koirala.

For a professional political player like Girija Prasad Koirala, it is but natural to seek power. Moreover, he has to run the most expensive party network in the country. He knows the importance of being in power when it comes to managing the party. But the question is whether this is the appropriate time for Koirala to return to power and whether the way he has chosen is correct. Instead of waging a proxy war against the prime minister that would create lasting damage to the country’s political culture, Koirala could have simply asked Deuba to resign.

Prolonged Political Instability

The power struggle between Deuba and Koirala risks sidelining the all-important issue of ratifying the emergency order. As the Congress central committee, controlled by Koirala, seems to be in no mood to give up its demand for Deuba’s resignation, the country seems set for a long spell of political uncertainty.

“The country is already in the midst of a serious crisis following the declaration of the state of emergency and the infighting in the ruling party has fueled the chaotic situation,” says a political analyst. “The tug of war between Prime Minister Deuba Congress strongman Koirala is pushing the country to the brink. When leaders of the ruling party fight to preserve their self-interest, the fate of the political process suffers enormously.”

If there are differences among political parties on the question of ratifying the emergency order, they must be ready to go to the people with the issue as an election plank. But nobody seems to be prepared to face the people, especially since this house has two more years to go.

Whether politicians who enjoy financial and other privileges that come with power like it not, the people are the final authority in a democratic system when it comes to settling differences. Instead of allowing political chaos, blackmail and instability to continue, the prime minister must be prepared to use his exclusive power to seek a fresh mandate from the people. Fresh elections would allow leaders of the ruling party and the opposition to take their agenda to the people. More importantly, the winner will have a genuine mandate to implement that agenda.

‘There Is No Threat To My Government’

—PM DEUBA

Prime Minister SHER BAHADUR DEUBA addressed a press conference on Sunday (February 10) at his official residence. The following are some of the important issues raised during his half-an-hour meeting with reporters:

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It is said that former prime minister Girija Prasad Koirala is trying to pull down your government. How do you see this matter?

Girija Prasad Koirala is the leader of the ruling party. So I don’t think he has any interest in pulling down the government. Such an effort would not do anything to enhance his image.

So your government does not feel any threat?

Correct. There is no threat to my government.

Do you believe opposition parties will support the ratification of the emergency order?

I imposed the state of emergency after consultations with opposition parties. I have no reason to believe that our responsible leaders of the main opposition party CPN-UML will withdraw from that stand.

How do you evaluate the role of the security forces?

Despite resource constraints and geographical difficulties, Royal Nepalese Army personnel have been able to contain the Maoist terrorists. No army in the world can contain terrorism in such a short time. We must be proud of the courageous job our army is doing.

Why then are ruling party members criticizing the role of security forces?

We have to encourage our security forces and applaud their bravery.

Some say top Maoist leaders are in India. Has your government demanded the extradition of those leaders?

We don’t know where the Maoist leaders are right now. We are still in the process of investigation. So there is no question of extradition, at this moment.

Is there any possibility of resuming peace talks with the rebels?

Until the Maoists surrender their weapons, there would be no possibility of resuming peace talks. As you know, I am a firm advocate of peace. I began the peace talks in good faith. But the Maoists betrayed our trust by attacking the district headquarters and army barracks.

‘The Government Has To Justify The Emergency’

— MADHAV KUMAR NEPAL

CPN-UML general secretary and leader of the main opposition party MADHAV KUMAR NEPAL has asked the government to justify the reasons for imposing the state of emergency. The following are the major portions of Nepal’s statement in parliament.

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On the issue of the imposition of the state of emergency: Until the government provides credible justification for ratifying the state of emergency, we would not be in a position to support the government. There is dissatisfaction over the electoral process and the present government has to show the courage to amend the constitution to include the provision of an all-party election government.

On emergency vs. army mobilization: Prime Minister Sher Bahadur Deuba announced the state of emergency on his own. So he has to be prepared to take sole responsibility. The emergency and army mobilization are two different things. There is no link between them. The prime minister said the emergency was aimed only against the Maoists, but mainstream parties have been adversely affected. In the name of the emergency, the government misused the state machinery.

On the government’s policies and programs: The government has failed to bring any new social and economic package to bring radical changes in the country. Had the government introduced some bold package, the situation would have been different.

On the role of the CPN-UML: The CPN-UML is a responsible opposition and will act responsibly. Our party will always take the people’s interest in mind before taking any decision.

Glimpse Of The Winter Session

Unlike the winter session of parliament last year, which was stalled for all 57 days, the first day of this year’s session began peacefully. The situation was nevertheless tense, with the leaders of opposition parties coming out with strongly worded statements against Prime Minister Sher Bahadur Deuba and his government.

Apart from voting on the ratification of the state of emergency, the winter session has to pass 22 bills and two ordinances, including the Finance Ordinance and Terrorist and Disruptive Activities Control and Punishment Ordinance. The other major legislation include Civil Code 11th Amendment Bill (on women’s property rights), Political Parties Bill, Anti-Corruption Bill, CIAA Amendment Act, Health Service Amendment Act, and the Vigilance Bureau Bill.

The winter session of parliament will continue for at least two months. Parliament has convened at a time when the country is passing through a very difficult period.

The key question is: will the government be able to muster the necessary two-thirds support in favour of the emergency order in the House of Representatives, especially since the ruling Nepali Congress has only 113

MPs in 205-member house?

Parties’ Strength in the House of Representatives

1. Nepali Congress 113

2. CPN-UML 68

3. RPP 11

4. NSP 6

5. National People’s Forum 5

6. Nepal Peasant and Workers Party 1

7. United People’s Front 1

Total: 205