Undemocratic and Illegitimate

September 13, 2006
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Elections monitored by international observers and accredited by the International community is the only viable option to confer Nepal with the true representatives of the people and a legitimate legislature.

– By Sangram Basnyat

Following the restoration of the previously dissolved Parliament, a glimmer of hope had surfaced for those aching for peace and stability. With numerous numerical understandings reached between the SPA and the Maoists, rapprochement seemed inevitable. With self-righteous proclamations and forays against the institutions of Monarchy and the Army through vindictive promulgations, the Parliament seeks to reign supreme. Even more so, the Rayamahjhi commission has been licensed, not to ferret out the truth, but to batter those with even a tinge of linkage with the Royal regime. Now, with the tenured government and Parliament crossing its 100 day mark, the future looks inexorably bleak as the governing bodies continue to operate without a democratic mandate. Also, there are no indications of these bodies moving towards attaining a proper mandate.

The current government and the Parliament are both transitional bodies. The Parliament was re-instated after the Monarch capitulated to the 19 day uprising. A coalition government was formed from these very parliamentarians. Now the conundrum arises. Do the Parliament and the government have the mandate to qualify for democratic credentials? The answer is innately discernable. No. Although the coalition and their ardent supporters have been incessantly gloating about their democratic credentials, this cockeyed presumption is simply conceited and fraudulent.

The SPA government and the parliament are transitional bodies without a democratic mandate.
The fundamental premise of a democratic government is the reflection of the will of the people. Ever since the Maoists launched their violent endeavor, they have been avowedly claiming to reflect the will of the people. When the Monarch usurped power citing the exigent need of that hour, he too brazenly claimed that his intervention reflected the call and the will of the people. On the other hand, the political parties, mainly the SPA, have continually claimed to represent the people’s true will. Certainly, there are other groups and factions that are making similar claims. Now, with all these competing claims running amok, the question as to who truly reflects and represents the will of the people at the current moment remains unanswered.

In no circumstance can a government deriving its mandate from the streets be granted perfect legitimacy. Even more so, a parliament that was dissolved by an elected prime-minister five years ago through a perfectly constitutional mode is utterly obsolete for contemporary purposes. Certainly, unconventional circumstances deserve consideration. However, mandate from the streets can in no way be translated into a democratic legitimacy. Legitimacy in a democratic setting can solely be derived from the will of the people and the will can only be manifested through free and fair elections. Since democracy is founded on the principles of equality, sovereignty and liberty of voters, it inescapably designates elections as the means to a democratic end. Elections monitored by international observers and accredited by the International community is the only viable option to confer Nepal with the true representatives of the people and a legitimate legislature.

Ironically, what is flaunted as the people’s democratic government is simply a congregation of the senile, rapacious and nonchalant. Their portfolios are marred by unsparing perversion and their democratic credentials negated by numerous incidences but predominantly by their refusal to run for elections. It is sacrosanct. As if that were not enough, brazen attempts to obviate elections have further invalidated their democratic credentials. Furthermore, the SPA has long been practicing policies of threats, intimidation and coercion in the form of “Nepal Bandhs” and “Chakka Jams.” These practices clearly violate the norms and principles of Democracy. Thus, it borders on being totally preposterous and epitome of hypocrisy when the SPA self righteously confers itself the democratic title.

The SPA government and the parliament are transitional bodies without a democratic mandate. They will lack proper legitimacy until and unless they reflect the true will of the people, which can only manifested through free and fair elections. If this governing body is allowed to fester long, it will certainly set a reprehensible precedent. It will validate any future governments formed through street incursions. Hence, if the parties in the SPA earnestly crave for a democratic certification, concerted efforts must be exhibited. Lip service must be replaced by cogent actions. Amongst the current competing political forces, lacking a democratic mandate is only inimical to the democratic future of the SPA.

(Basnyat is a financial analyst based in USA and can be reached at [email protected])

(Editor’s Note: Nepalis, wherever they live, as well as friends of Nepal around the globe are requested to contribute their views/opinions/recollections etc. on issues concerning present day Nepal to the Guest Column of Nepalnews. Length of the article should not be more than 1,000 words and may be edited for the purpose of clarity and space. Relevant photos as well as photo of the author may also be sent along with the article. Please send your write-ups to [email protected])