New Surprises in New System - Dwarika Pd. Shrestha

Nepali people, at last achieved their long awaited system ‘Federal Democratic Republic’ after their long and untiring struggle in the political history of the country. The country is now called a People’s Democratic Republic Nepal. The Peoples Democratic System ensures every ones’ individual right whether it be a political, social and financial concern and the like. At the same time, it is also believed that every coin does have two sides. Both of them are not necessary to be equally good or bad. So every good thing is followed by bad happening and vice versa. The errors are occurred by the name of many like gimmick, manipulation, chal khel, ignorance negligence and the like. What is necessary is that the good system should be preserved purely good and apart from any sort of mal happening. Mal practice is also a result of an over look of the system and the regulation.

The long untiring efforts contributed jointly by the people and the political parties badly defeated the centuries old kingship in the country. Thus the Kingship won’t be mentioned again in the further chapters of the political history of the country.

The Constitution followed:
The Republican system as per the Interim constitution of Nepal 2063 b.s. is comprised of the President, the Vice President, the Prime Minister, and the Chairman of the Constituent Assembly (CA). The vacancies of all these very important posts are fulfilled by an election being held in the CA. Only CA members (CAMs) will cast their votes to elect the candidate for the post. No doubt, the candidates will be nominated by their respective political parties. The constitution also states that the President becomes the Head of the State. The Prime Minister becomes the Executive head of the Government. The Prime Minister leads the ministers in the cabinet that is being represented to different political parties as per their (political parties’) consensus.

Series of Elections:
After the election of the Constituent Assembly (CA) accomplished by 28th May, 2008, a series of election were held in the CA House.

Dr. Ram Baran Yadav was elected as the First President of the Peoples’ Republic of Nepal on 21st July, 2008. Mr. Parmananda Jha was elected as the Vice President of the country on !9th July, 2008. Similarly, Mr. Puspa Kamal Dahal, Prachanda was elected as the First Prime Minister of the Peoples’ Republic of Nepal on 16th August.

Missing of Nat’l Language:
Oath taking of the office is one of the ‘must’ part of the procedure to authorize the candidates to their respective designations after the victory in the election. The Oath taking function used to be celebrated as the festival of the State in this regard.

On 26th July, Oath taking function was administered to the President and the Vice President separately. The Chief Justice Kedar Prasad Giri administered the oath taking function to the President as per the provision made in the Annex I ‘A’ of the Interim Constitution of Nepal 2063 b.s. It was in Nepali, a National language. The President’s oath taking ceremony was accomplished as per the system mentioned in the constitution.

Next time, the President did the same for the Vice President as per the same regulation. But it was a surprised to all that the Vice President Parmananda Jha took his oath in Hindi by translating the Nepali version read out by the President from the Constitution. Mr. Jha is a former justice of a district level Appellate Court. On top of that, the Hindi is neither a native language of any district in Nepal nor an official language.

The Vice President’s blunder was vehemently opposed. There was several demonstrations on the street. The demonstrators burned many logistics and vehicles along with his effigy. A senior lawyer registered a writ petition in the Supreme Court against his blunder. The case is yet to be finalized.

Missing the National Dress:
On the similar function organized for the Prime Minister in the Rastrapati Bhawan, Shital Niwas on 19th August, the President who administered the function for the Prime Minister was on the ‘Deura-Suruwa, coat, black cap and black shoes’, the Nepali National dress. The Prime Minister Puspa Kamal Dahal, Prachanda who took the oath was simply on a coat, shirt, paint, black cap and black shoes. It was a surprise to all that the First Prime Minister completely neglected the National dress. The ‘Deura Suruwal’ was one of the National identities of Nepali people.

Suite wearing Bidesh Mantri:
The CAM elected, the Madhesi Janadhikar Forum (MJF) Chairman, Mr. Upendra Yadav has become the member of the cabinet from the side of MJF. He was assigned to look after the Ministry of Foreign Affairs. He is not seen in any dress other than on the ‘Dhoti, Kurtha’, slipless coat or ‘Ista coat‘ and black shoes or chappal in many of the official functions so far. He was on the same dress when PM Prachanda had administered the oath of office to his first cabinet members on the eve of his China visit. None other also among the nine members was in the national dress. It showed that the new leaders have forgotten the National dress itself.

In other day, Mr. Yadav had to fly over to India for an official visit as the Minister of Foreign Affairs. Many people including the media persons had been gathered at the Tribhuwan International Airport to see him off. But the big surprise to all was that they could not recognize the Foreign Minister for a while. The Foreign Minister, Mr. Yadav was seen perfectly like an English Gentleman, Belayati babu on his blue-black suit, matching shirt, necktie and black shoes.

N C Presidentship:
Nepali Congress’s (NC’s) Central Working Committee (CWC) is meeting for the last two weeks in the capital. Among others, the pick up of a capable candidate for the next President in the party was a big issue. The meeting on 8 September 2008 closed without any discussion because the President Girija P. Koirala did not attend the meeting. In the meantime, a notice was made public in an initiative of the President G P. Koirala. The notice said, ”the next President would be picked up by an election . Messrs Sher Bahadur Deuba, Kul Bahadur Gurung and Ram Chandra Pourdel would be the legitimate candidates for the Presidential election of NC.” The notice said again, “the election of the President of the Party can’t be held as long as Mr. G P Koirala likes to stay as a President of the Party.”

In an article ‘Congress Leadership’, the writer Birendra P Mishra said,”It is common practice in democratic countries to review the party performance in polls after the final result and especially when the party suffers a debilitating defeat. For electoral victory, they cheer and thank the party leaders. In case of a defeat, top leaders resign from their posts, taking responsibility for the turn of events. …” The article further writes, “However, in Nepal and especially in the Nepali Congress, there is hardly such political culture telling upon the very democratic function of the party. First, the top leaders avoid calling such meetings in which their leadership may be questioned. In case such meetings are requisitioned at all, they do not allow the members to censure them for their inapt leadership. The defeat of the Nepali Congress in the Constituent Assembly election has raised a big question about the poor functioning of the party leadership. …” ( the Himalayan Times on 8th September, 2008)



India Wonders:
P M Prachanda visited China immediately after he was sworn-in as the First Prime Minister of the Peoples’ Republic of Nepal. Since Nepali athletes have taken part in the Olympic Game, 2008 in Beijing, China, Nepal had to participate in through out the Game from the State level. P M Prachanda’s visit to China was scheduled abruptly. The schedule made India very disappointed and astonished. Because it is reported that, whoever becomes the Prime Minister in Nepal, he used to have his first State visit none other country than India. The issue occupied lot of space and time in different media in Nepal. Several discussions, interactions were also organized. This issue became a matter of more great surprise to other friendly countries too. They thought that PM Prachanda’s visit to China was a complete individual problem of the Nepal Government. Diplomatically, the issue was not a big concern to be serious about. But it caused a big wonder to India and that became a matter of still greater surprise to other friendly countries.

Govt. formation to Sulav Sauchalaya:
In the world of small IT village, one’s suffering becomes an interest of many other. The political restlessness since 1991-92 in Nepal had become a matter of greater interest to many countries around. The neighbors specially the Southern one was very keen on this aspect.

Nepal had just finished the CA poll. The Government had yet to be formed. Nepal, in the meantime received Mr. Rakesh Shood as the new Ambassador of India. H E Shood is really good Ambassador to Nepal. Like a proverb says “Right man in right place”. He was very much serious to help form the new Nepal Government under the Maoist’s leadership. The CPN-Maoist is, of course the biggest party. The Maoists had all to do it on their own. His concern was genuine. Ambassador Shood’s next idea was that Dr. Baburam Bhattarai be the first Prime Minister of Republic Nepal. He reportedly tried many times to convince Dr. Bhattarai and the leader Prachanda with the idea.

The third worrisome concern of the Ambassador Shood was the use of ‘ Sulav sauchalaya’ in Nepal. H E Shood spared very good time in pleading for it. Because he knew that Nepali will feel comfort in using the cheaper sanitation system, that made economy by all means. The Ambassador might not have enough ideas about the wreckage of Koshi Barrage and the loss of lives and lands in the southern part of the country – Nepal. Otherwise, he would be very busy on the affairs.

Last but not the least, the surprises were not the trifle ones. To make them helpful to the system is to correct them in time. And to be sure of the good success.

The End

Irrational rational

- Dwarika Pd. Shrestha•

The long awaited moment that was expected some day some time to come, came true. The 2062-063 revolution led the changes in the political system. And Nepal, after all had a new slough of Federal Democratic Republic (FDR) system due to long effort of the Nepali people in the revolution.

FDR Day:
The application of the Federal Democratic Republic (FDR) system in the country was announced in the First Constitutional Assembly (CA) session held on 15th of Jestha, 2065 or May 28. 2008 accordingly amidst the crowd of 564 CA members (CAMs), the cabinet members, number of Diplomatic mission members and other personalities of different disciplines. Honourable CA member Kul Bahadur Gurung, the Chairman of the CA made the announcement. Similarly, the Jesth 15 of every year was announced as the Federal Democratic Republic (FDR) Day of the country. Among the missing on the occasion were 26 CA members who were supposed to be nominated by the cabinet according to the Interim Constitution but yet to be done. And other five members that have to be elected from different constituencies vacated by the five CA members namely Messrs Sher Bahadur Deuba, Puspa Kamal Dahl – Prachand, Dev Gurung, Bijaya Kumar Gachhadhar and Upendra Yadav. The issue was yet to be concerned because the main leaders of four major parties had not been freed from the room meeting at Baluwatar. The meeting was focused on the power sharing among the parties. The four major parties were the Communist party of Nepal Maoist (CPN – M), the Nepali Congress (NC), the CPN – UML and the Madhesi Janadhikar Forum (MJF). The share of powers and chairs were the biggest issues to them. The CA is represented by 570 newly elected CAMs of 25 political parties by the time.

CA Session:
The First ever session of the Constituent Assembly was held on 15th of Jestha, 2065 b.s.or May 28, 2008. Although the session was proposed to be held on 11 a.m. the time the session commenced at was 9 p.m. already or 10 hours late from the scheduled time.

After the system was evolved in Nepal ‘consensus’ became a major tool to help administer the country to the political parties. Though the CPN – M had secured maximum votes in the CA election, it could not secure the simple majority. So the public mandate did not permit any single political party to form the Government on their own leadership.

The share of big piece of cake became an issue among them. So the Coalition Government of four major parties at least was obviously to come. On top of that the octogenarian leader and the out going Prime Minister of NC was still greedy for the chair he was holding. Therefore the marathon of meetings to manage the power sharing was going on and on since several days last at the Baluwatar meeting room but compromise with no solution. Prime Minister Girija Prasad Koirala thus became late to rush into the Birendra International Confc. Hall at 8 p.m. and the historical CA session kicked off at after 9 p.m.

Baluwatar, Super Assembly Hall:
Despite that 31 CA members• had yet to join the CA, the Assembly was ready to conduct its duties. But since the senior leaders of four major parties were busy all through morning, day and evening in the urgent meetings at Baluwatar since last few weeks, the CA Hall was left idle and ignored. Besides, that the CAMs other than the one who were busy all through urgent meetings at Baluwatar had to stay idle most of the time in the more than two months time last. The CAMs are paid Rs. 50,000 plus (including salary + benefits) per person, per month. One day the scribe asked one of the CAM and the leader of a political party that why the latest political issues are discussed at Baluwatar among the few leaders only? Why it was not taken to the CA’s session at Birendra Int’l Confc. Hall? The CAM and the leader replied, “it is very easy to understand. It’s the same issue that will be discussed in the Birendra Int’l Confc. Hall. The only thing is that the leaders discuss the matter over there and after they approved certain solution for the issue, they will take it to the Birendra Int’l Confc. Hall, where all the CAMs will participate in the discussion and confirm the approval.” His answer made the scribe clear that all the members other than the one participated in the Baluawatar meetings had a job simply to hit the table on favour of what their leaders tabled in the CA’s meeting at the cost of the more than 50,000 rupees a month.

Power Sharing:
The Interim Constitution has made a provision for the top ranking designations of the country i.e. the designation of the President, the Vice-president of the country and the Prime Minister, the Executive Head of the Government and the Chairman of CA. Power sharing was thus very important topics for them at this juncture. It might not be necessary to mention specifically here that the CA is made for writing a new constitution for the newly adopted People’s Democratic Republic country Nepal. According to the Constitution the President will remain as a rubber stamp, the Vice-president will look after the President’s job during his absence in the country. Prime Minister will be the Executive Head of the government. The Chairman will head the CA that will also works like a Legislative Body in the Parliamentary system in the absence of the Parliament.

The important meetings being conducted continuously among the senior leaders of the political parties were to decide which party would own the title of the President, the Vice-president, the Prime Minister and the Chairman of CA. It was reported that the parties agreed upon the solution that the NC would own the President, MJF would own the Vice-President of the country and the CPN-UML would won the Chairman of CA. Again it required formalities so the date for the Election of the President and the Vice-president was announced on the 20th of July, 2008. In the Election the NC fielded Dr. Ram Baran Yadav and the CPN-M fielded Mr. Ram Raja Prasad Singh as candidate for the Presidentship. Similarly, The CPN-M fielded Ms. Shanta Shrestha and the MJF fielded Mr. Parmananda Jha for the Vice-presidential candidate. The result of the poll said that in the Presidential Election Dr. Yadav secured 283 and Mr. R.R. Singh 272 votes. So both of them could not be declared elected for the President ship. Similarly, in the polling result of the Vice-president Mr. Parmananda Jha secured 305 and Ms. Shanta Shrestha 243 votes. Mr. Parmananda Jha was elected as the Vice President of the country. The second date for Presidential election was fixed for the 22nd of July. The two parties the NC and the CPN-M ‘s fielded same candidates Dr. Ram Baran Yadav and Mr. Ram Raja Prasad Singh respectively. Consequently, Dr. Yadav, the candidate of NC secured 308 and Mr. P. Jha of CPN-M 282 votes. Dr. Yadav was declared the First elected President of the Country. The result of the election made the CPN-M astonished and demoralized. It also reported that according to the agreement the CPN-M should not have fielded the candidate for the post of the President and the Vice-president. Because they had already agreed upon the condition. For instance, the CPN-UML were considered to own the Chairmanship of CA. So in the polling day of the Chairman, Mr. Subash Nemwang was declared elected Chairman of CA unanimously. Because no party other than the CPN-UML fielded the candidate for the post of CA Chairman. That caused the break up of their previous tie-up and the political scenario changed. The CPN-M now hesitated even to form the new Government. They preferred even to stay at opposition bench.

P M’s Resignation:
Even after the bout for the top ranking positions of the country, the wrestling of the senior leaders of four major parties were continued. This time they wrestled for owning the resourceful ministry/ies like the Ministry of Home, Finance, Defence and the like on their own. Some of the leaders of the left now out rightly denied to go to Baluwatar to attend any meeting. So the meeting venue shifted from Baluwatar to the Ministry of Resettlement and Peace at Singh Durbar secretariat. It’s still not known why the venue was not taken to New Baneswar.

In the meantime, P M Koirala had already tendered his resignation from the Premiership in the CA session on June 18, 2008or Asadh 4, 2065 b.s. The resignation was accepted later after Dr. Yadav held his office as the First President of the country in the last week of July. Mr. Koirala was asked to lead the care taker government till the next Government was formed.

According to the latest report of the meeting, the parties agreed that the CPN-UML should own the Ministry of Home. Similarly, the CPN-M would lead Government and own the Ministry of finance. The NC claimed for the Ministry of Defence. There could not be any compromise for the matter between the NC and CPN-M and the issue is going to be tabled in CAMs’ polling rights. The CAMs are going to poll for the Premiership, the Executive Chief of the government on coming Friday, 31st of Srawan, 2065 b.s. The new Nepal Government will be declared after the P.M.’s poll is finished on Friday.


Nomination of 26 CAMs:
Though the Interim Constitution has made a provision of nomination of 26 well read gentlemen from different disciplines to the CA by the working cabinet, they were picked up by the similar consultation of the leaders in the room meetings after the Koirala had tendered the resignation. Yet he was leading the care taker Government.

Mr. Biswa Nath Upadhya, a CA out of 26 and the former Chief Justice of the Supreme Court said, “the CA is made for writing the Constitution for the new system of the Peoples’ Republic of Nepal. The CA is already three months old now but the environment to write the constitution is not yet made.” Meanwhile, it is also reported that Mr. Upadhya is the only person who has not taken the oath of office so far due to certain special reason.

Oath Taking Ceremony:
Oath taking ceremony was an important and inseparable part of the constitution and the legal activities. Annex 1 A of the Interim Constitution has prescribed a format to go through while taking oath of office by any top ranking designation holder. It is in Nepali version, a National language. The Constitution did not allow any one whether he be a new President or Vice-president or the Prime Minister and the like to change the version on his own while taking an oath of his service in the respective designation. It should be read as it is. This is also a legal provision.

The oath taking ceremony of the President and the Vice- President was held on 26th of July in new Presidential Palace, Shital Niwas, Maharajgunj, Kathmandu. The Chief Justice administered the oath of office to the President. The President Dr. Ram Baran Yadav administered the oath of office to the Vice president Mr. Parmananda Jha. Dr. Yadav, the President took an oath of office in the prescribed version as per the Constitution. Mr. Parmananda Jha the Vice president took the same in Hindi by translating the version read by the President. The Chief Justice and the Prime Minister were also present on the occasion.

While introducing the President and the Vice-president of the country:
Dr. Ram Baran Yadav, the First President of the country is a senior medical Doctor, senior political activist and an Executive member of NC. He has also become the Minister of Health in Mr. Koirala led cabinet.

Mr. Permananda Jha, a former judge of the District level Appealate Court at Biratnagar. He is a new active member of MJF. He was retired from the same court a few years before. The lawyers believe that the candidature of Mr. Parmananda Jha for a distinct post like the Vice-President of the country itself was not a good justification, it is reported.

SAARC Conference:
The two day long 15th SAARC Conference was concluded on 3rd August, 2008 in the Capital city Colombo of Sri Lanka. Agricultural development, Food security in the SAARC region were given first priority in the Conference. Nepal being one of SAARC member was invited obviously to take part in the Conference by the Head of the State or the Government. Nepal has just got a new President and by constitution he is no more than a rubber stamp. The Prime Minister Koirala was simply heading the care taking Government. His resignation from the Premiership has already been accepted. Yet Mr. Koirala prepared all the requirements to take part in the Conference including the 35 member entourage. He even ignored his counterparts of other political parties to consult on the affair. The issue was badly concerned by political leaders. They opined that the leader of the care taker government has no right to represent the country abroad. Mr. Koirala was left out on the cross road like ‘Gathamuga’ in the Gathemangal festival. The Octogenarian leader of NC and the five time Prime Minister of Nepal at last quietly bowed down to the youngest leader of young parties Messrs Upendra Yadav, Prachanda and Jhala Nath Khanal and committed the mistake as a blunder. The old leader led the delegation to the Conference in Sri Lanka.

Presidential Building:
The President, Dr. Ram Baran Yadav had shifted to new Presidential Palace, Shital Niwas, Maharajgunj after he accomplished the oath taking ceremony. Now the President had to shift to some new building at Dhapasi for temporary period because the new Presidential Palace required lot of construction and reconstruction works. The Shital Niwas was built long time back during the Rana’s period by late Krishna Shumshere Rana. Could it be a new challenge to the new government?

Every irrational has become rational at this political juncture after the new changes took place. So the old political pundits rightly thought ‘Politics is a Dirty Game.’

The End

Republic Day followed

The Peoples’ verdict was honoured. The first decision of the First Historical Constituent Assembly (C A) meet of the 15th Jestha was respected. The Nepal’s National flag was hoisted on the flag pole of the Narayanhiti Raj Durbar – a well known Royal Palace of the country and the Royal Nepal flag was pulled down amidst the throng of people in front of the Palace at the Durbar Marg, Kathmandu on 16th of Jestha, 2065 B.S.

The new historic moment was a matter of interest to each and every people and to watch and enjoy it. People were thronged at the Durbar Marg since very morning of the day to watch the event and shouted victory slogans. The National flag was hoisted at last on the Narayanhiti Palace though at late evening of the 16th Jesth, 2065 or 29th May, 2008 accordingly. However, the former King Gyanendra generously accepted the development of the political situation and also cooperated with the people, it was reported

Federal Democratic Republic declared:
The first meeting of the First Historical C A meeting was held on 15th of Jestha, 2065 BS or 28th May, 2008 accordingly in the International Convention Hall at New Baneswar. The meeting declared Nepal as the Federal Democratic Republic country and marked an end of the 240 years old Kingship of the country. The meeting also declared the Narayanhiti Raj Durbar as the National heritage and property and converted that into the Museum. At the same time, the 15th Jestha was also declared as the ‘Republic Day’. Nepal and the Nepali people thus changed their old sloughs in to the new one as a citizen of the Federal Democratic Republic country – Nepal.

Incomplete C A:
After the 575 CA members were elected in the CA election held on 10th April, 2008, the sitting cabinet had to pick up 26 nominees from different jana jatis and area of the country and help complete the full strength of CA as per CA Election regulation. The number of the total members of CA is fixed into 601. The First Historical CA meet held in the Birendra Int’l Convention Hall could not bring in them to attend it. The important day-long meeting of the big political party leaders at the Baluwatar was helpless to bring that into final shape. So the First Republic Day meet was concluded with an incomplete number of valid CA members.

Poor Show:
The First CA Meeting was held right on the date as it was fixed earlier. But it was initiated at 9:30 p.m. or 10 hours later the time fixed earlier. The meeting time was postponed from 11a.m. to 3 p.m. and then at 6 p.m. The sick and tired Prime Minister Koirala rushed into the Hall at 8 p.m. He had just finished the full-day long marathon meeting with the big political party leaders at Baluwatar without any conclusion on deciding the role and the power of the Prime Minister and the proposed President of the country. He passed-by even to receive the Guard of Honor while coming in. That also caused to drop out the cabinet meeting and missed to pick up 26 new members for CA.

Photo-copy Delay:
Despite that the Prime Minister Koirala had entered into the Hall at 8 p.m., the meeting could not be started with immediately. The programme sheets were yet to be distributed among the attendants and the new CA members in the Hall. The photo copy service was not prompt. The program sheets were distributed to the attendants at 9 p.m. to 9:30 p.m. only. The attendants including the newly elected CA members, distinguished invitees, diplomatic representatives and other had already been tired and exhausted by the time the meeting began with. Many of others did not even come back to the Hall after they went back home. The Historical Meeting began with at 9:30 p.m. The eldest member of the CA Honourable Kul Bahadur Gurung chaired the meet. Altogether 564 newly elected CA members along with other invitees attended the meeting.

The first meeting had to take a decision on the implementation of the Republican agenda. 560 members voted in favour of the agenda while other 4 members voted against it. Thus the country was declared the Federal Democratic Republic with overwhelming majority in its support. The proposal was tabled in the meeting by the sitting Home Minister Mr. K. P. Sitaula on behalf of the Prime Minister Girija Prasad Koirala. P. M. Koirala could not stay long and returned home after about two hour stay in the hall. He skipped to receive the Guard of Honor again while returning home.

Tail Piece:
After the CA Poll gave 575 candidates from different criteria of election to the Constituent Assembly (CA) the formation of new government and writing of new constitution to the country have become the big challenges the new CA members had to face. In the meantime, the Indian Ambassador to Nepal changed. H. E. Rakesh Sood has been appointed as the new Indian Ambassador to Nepal.

Seems that H. E. Sood is very worry about the new changes took place in Nepal. He also seemed most studious and diligent about the Nepal affairs. So, H. E. Sood has been found very busy from the time of his arrival at the Tribhuwan Airport as an Ambassador to Nepal, on suggesting the Nepali politicians and intellectuals as well to help Maoist to form new Government soon. He was also suggesting the Nepali people equally from very beginning not to amend the running constitution. On the contrary, there was no one found from Nepal side who should suggest the new Indian Ambassador Mr. Sood to take care of his own business and the discipline as an ambassador to Nepal. Whither is ‘Our Say ???’

The End