Several constitutional crises in the making !

February 28, 2001
4 MIN READ
A
A+
A-

Kathmandu: The warning by 38 congress MPs to Prime Minister Girija Prasad Koirala not to go to elections carries meaning. Prime Minister Girija had sought to elections after tumult in the House in his two previous occasions. His first term was marked, moreover, with a split of opinions in his own party that brought the constitution to a brink of crises. The strength of the congress majority prompted the elections at that time despite the spectacle of sizeable number of his party-men appealing to the King along with the communist opposition to seek other options. His second term was a coalition with the UML opposition that prompted the mid term polls. Once again Girija babu has his parliamentary majority but 38 of his own majority have publicly sought solutions outside the elections. This, after the Girija camp has publicly threatened the polls to discipline congress dissidents.

This is yet another continuous reminder of the perpetual state of crisis in the constitution that embroils the politics of the country. The other again, is the fact that the winter session of parliament has yet to take up a business two weeks after its opening. The Left have taken up the Lauda air issue stating that it will not compromise their demands for a Girija resignation. All parliamentary parties, except the Sadbhavana for obvious reasons, have forged an alliance on this matter and are whipping up street support. Friday is to see their first street rally on the matter. This, despite, the congress party majority in parliament. The constitution again does not provide an answer to this development.

His Majesty King Birendra by referring the citizenship bill to the Supreme Court for interpretation has made public yet another constitutional crisis in the making. The citizenship bill tabled by the congress and passed by the house of representatives is a confusion all its own. Both the UML and the RPP that voted the bill through now retract their support and confess that they “slipped” on the bill. Whether the bill should have been included in the Finance Bill is an issue all its own. The finance bill is a regular affair to be endorsed by the house after the finance committee approves it given the majority the government has. Whether it should have been introduced separately is just one matter. The Upper House where the congress is not in majority is known to have pointed out this anomaly. The more intricate constitutional issue is provided on two accounts. The constitution is said to be silent on the introduction of separate bill distinct from the finance bill as house business. Moreover, the constitution has mentioned the citizenship act and opinion is, thus, that a constitutional amendment is needed prior to the introduction of the bill. The fact that the congress has once again issued a statement that HM’s judicial opinion is “unfortunate” reflects the near permanence of constitutional crises in the country.

And then there is the continuous permanence of Maoists’ activities. Comrade Prachanda who previously has announced his presence in Kathmandu by February, now has declared himself the Chairman of the party. Maoists incidence all over the country insist upon its significant presence. Curiously, the constitutional government appears bereft of any programme of action. Nor is the body politic discussing the matter in public any more. One significant direction could have reflected at least government opinion. The introduction of the act regarding the institution of the Armed Police Force which came by Royal Ordinance merely a few days prior to the winter session has yet to be taken up for business in the house. Indeed, the constitutional process as such on day to day business appears stalled totally outside the administrative system.

It is amidst this limbo that His Majesty King Birendra left for China this week where the northern neighbor is feting him with significant gestures. He is the chief guest at the China sponsored Asia-Pacific Conference at Baoa, China. Observers also note that his trip was preceded here by the first ever visit of a Chinese Defence Minister.

The connections made result in considerable speculation.