Tuesday, September 02, 2008

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

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