Unconstitutional Moves of Koirala Government

By Prakash Bom in New York

The prerequisite directive for promulgating the Interim Constitution 2006 is the arms management of both Peoples’ Liberation Army and Nepali Army by the United Nations. Until then the nullification of the 1990 Constitution cannot be official. The formation of the Interim Parliament with the participation of the Maoist leaderships is legitimate after the activation of the Interim Constitution 2006. Only then the structure of the Interim government cabinet is viable. Under current political circumstances the Constitutional Council cannot be formed for hastily appointing the constitutional and diplomatic statues without these constitutional procedures for the Interim Constitution 2006 to be activated.

It should be obvious to nominee like former chief justice of the Supreme Court Bishwa Nath Upadhyay that such a hasty appointment is premature and constitutionally unthinkable in regard to the Peace Accord and the Interim Constitution. Such an attempt of Girija Prasad Koirala’s government has baffled not only the Maoist leaderships but also Nepali people. What has inspired such move to appoint constitutional and diplomatic statues immediately under the provision of the interim constitution (which is yet to be promulgated) is for all us to doubt the way our main political party politicians think to create new Democratic Nepal.

It is a time for every Nepali to safeguard the preliminary peace and democratic process no matter which political school of thoughts we belong. We must not forget our fundamental responsibility to reach our goal mandated by the people’s movement II for establishing complete democracy with thorough electoral process. This means we must not let the political party leaderships to continue with their old habits of undemocratic political practices to play politics in new Democratic Nepal. This is bizarre to nominate the Shailaja Acharya on diplomatic mission to India, who stood firmly against the People’s Movement II and supported openly the tyrant royal regime. This is dangerous move of the G P Koirala’s government to setup a lobby in India to bring back the king under ceremonial monarchy.

If the sovereignty of nation rest on the people then the nation is not these political parties’ own property to instigate same feudal oligarchic arbitrary decision making process without the electoral consensus of the people. They must realize that the time has changed and Nepali people will stand for their rights just they have done against the autocratic monarchy. The main political parties better change their old fashioned mindset and tradition that is rooted on the feudal oligarchic arbitrary rule of governance.

Since the Maoist leaderships are committed to the electoral democratic political system they must fight back to bring change for institutionalizing electoral procedures with all of us. For instance, if the Interim Constitution provides the provision for Constitutional Council to appoint constitutional and diplomatic statues without the Interim Parliamentary approval through hearing and voting procedure then we must fight back for the amendment.

The best solution to it is the institutionalizing the electoral democratic process for the Interim Prime Minister of Nepal to be appointed through the Interim Parliamentary hearing and voting process. It is only the electoral rights of people that the representatives of the Parliament have won through election have rights to appoint the constitutional and diplomatic statues of the nation.