Monarchy Can Be Abolished in Nepal, Constitutionally!

The Lead: Now parliament can remove the monarchy by a two third majority if it finds the 240 year old feudal institution meddling with the election of constitution assembly election. The parliament yesterday passed a bill that has amended the constitution and added the new provision on monarchy. The Maoist has been demanding that the republic be declared by the parliament before the CA election while Nepali Congress maintains that the first meeting of the CA should decide the fate of monarchy.

By Yuvraj Acharya in the Kathmandu Post

KATHMANDU, June 13 – The Interim Parliament effected the second amendment to the five-month-old Interim Constitution on Wednesday, empowering parliament to abolish the 240-year-old institution of the crown, and deferring the constituent assembly poll till Mangshir (mid-December). The parliament at its meeting added a separate sub-clause to Article 159 of the Constitution that authorizes the interim legislature to abolish monarchy by a two-third majority.

The government is to table a motion for the abolition of the monarchy if the cabinet concludes that the king is creating serious obstacle to constituent assembly polls. No authority except the cabinet will have the power to decide whether or not the king is creating such an obstacle.

Besides the provision on abolishing the monarchy, parliament also included a new clause for the removal of the prime minister through a parliamentary vote. One fourth of the members in parliament can table a motion of no-confidence against the prime minister, up to twice a year, and summon a special session for this purpose.

The amendment has made it mandatory for the prime minister to summon a special session within 15 days of such a motion being tabled. Tabling a motion for abolition of the monarchy was one of the major differences among the ruling parties until the 11th hour and the difference hinged on who should determine whether the king is conspiring against the polls.

Further clarifying Article 155 of the constitution, the amendment made Supreme Court justices and ambassadors subject to parliamentary hearings before their appointment. The government had proposed to exempt justices and ambassadors from attending such hearings but lawmakers in a special committee, formed to study all amendment proposals and submit a report to the House, rejected the government proposal.

Under an amendment to Article 154, the Cabinet may ask the Constituency Delimitation Commission to review its report (for one time) if it finds any technical errors.

The amendment added a new clause (57A) to provide for an opposition bench in parliament, but a separate law is required for the opposition bench to come into existence. The Rastriya Prajatantra Party protested the provision and demanded that an opposition bench should be guaranteed by the constitution itself, and not by a separate Act. But its members did not vote against the Bill.

Altogether 281 members in the 329-member parliament voted for the amendment while two voted against. Pari Thapa and Nava Raj Subedi of People’s Front Nepal voted against the Bill, saying that the amendment fails to address the country’s current problems.

Leaders from all the ruling parties said the amendment was a historic leap forward in Nepal’s parliamentary history since the amendment has made parliament capable of even deciding the future of the monarchy. The parties last year had signed an agreement on deciding the monarchy’s fate at first session of the constituent assembly.

The amendment came into effect immediately after Speaker Subas Nembang authenticated it.

Parliament on March 9 effected the first amendment to the Constitution, which was promulgated on January 15. The first amendment determined the future model of governance as “federal” and expressed commitment to ensuring an equal share for all ethnic minorities and backward communities in all state mechanisms. It also formed a constituency delimitation commission to redraw electoral constituencies.

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71 thoughts on “Monarchy Can Be Abolished in Nepal, Constitutionally!”

  1. i dont know what to write really, here is the scenario, one fine day gyane will decide to make a move, of course i woudnt blame him for that, if he feels like a king then im sure ¨he will feel the responsiblity to make things right in his country¨. then there will be a emergency session of parliament maybe in the hiding, because by then all the major buildings will be under gyane´s control, and then by unanimos vote they will abolish the moanrcy, which of cousre will be illegal for all the people leaning towards monarch and leagal and valid to the people leaning against, YOBO YCL will put up a struggle for sure, as out going US ambassador said YCL is nothing else than all wolves under ships skins, and also here Im not surprised, first if these are hardcore maoist fighters if the leaders keep them locked into cantonments they can turn against them which is bad for maoist top gun, so if you give them a catchy name and put them out to streets they will spread propaganda and also provide security to the leadership and in case of a coup it will be more easier to slip away to the jungles then those who are locked away in the cantonments, who of cousre will be the first ones to get captured and killed in case of a coup. and what we will have is another decade of murder, kidnapping and oppression, of course im so pessimistic, but tell me if you are not. i really would like some one convience me that my mother is not going to be whored out once more. i really need some one to tell me that we will fight for a better nation, i need some thing new some one radical, because everyone i see around are nothing but the same old maybe with new faces but same old. and i dont like none of you, why, first i dont like paras for his attitude, second girija and all his political dimwits for bringing the nation to this and for their incompetence, and the most the maiost for bringing chaos, just for the records prachanda and the top guns of maoists are responsible for more deaths than the monarcy and perticular gyane. hey even paras you know. lets see the now royals killed the then royals its not new in nepalese history has happened more than once, so lets say they did it if fin man they just killed 10´s but the maoist executions amounts to 1000´s for sure, so tell me how can i trust any one of you???????? and finally just to piss every one off india will be the ultimate patron of nepal. this is a suicide note.

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  2. I understand your worry about this country but you either throw sarcasm or rhetoric toward your oppenents instead of forwarding solutions. One thing is sure that you have loathe towards SPAM and try to vilify them rather than point at their faults. I want to sure you – Nepal will not breakdown in absence of monarchy. This is just a psychic fear of feudal upbringing and all of you, even I include meself, are products of feudal system and so are all polical leaders including Prachand and Kanchhi Mukhini’s son Dr.Baburam Bhattarai, otherwise nobody could have got any oppurtinity of higher education and computer gadget on their desktop. Just some are blunt like B and some are sly like Bhudai Pandit to use their sadist sarcasm. People like Kirat know what Bhudai Pandit was before April Revolution and what he is now.

    Maoists plus their YCL are somehow disoriented and illusioned but real political force. Even US ex-president Carter excepts it and he is not ambassador Moriarty. Wild cats on leash try to scratch if they can not bite. True, YCL is not behaving as they had to do as a sub-ordinate political organization but their acts are very much reconcialatory. They are still wild but only SPAM can tame them. No one else. Neither the monachy nor the army. Ganth badhlo. Feudalism and monarchy will be no more in Nepal and it is due to the Maoists however bad they are. Now, this country has to go along with Maoists, with changed Maoists and without monarchy. Like it ot not.

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  3. Yea yea great analysis Raj. You are correct. Now go get some sleep.
    Also please don’t put words in Kirat’s mouth.

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  4. Only Maoists do the bad and good deeds. But this time, really nice job done by Maoists, only Maoists are trustable THIS TIME. SHAKE MONACHY …SHAKE IT, SHAKE IT UNTIL FALL INTO HELL….GOD WILL BE WITH YOU MAOISTS…GO ON….

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  5. Every time I go through these discussions, it is either Bhudai Pundit pissing all over himself or Pundit sucking Kirat’s fun bags..

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  6. My apologies nobody. I will neither piss all over myself or suck Kirat’s fun bags. Both activies which I really enjoy.

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  7. If we can get rid of the monarchy, great. I for one think it should be abolished without much ado.

    Not because its such a bad thing in itself, but because if we can get rid of it, speedily and efficiently, then that signals that Nepal’s politicians aren’t a bunch of losers who can’t do anything.

    The monarchy is unimportant in the longer run. However, our politicians MUST show that they can act decisively. I mean, bureaucratic norms in Nepal are so twisted that nothing ever seems to get done.

    Get shit done. Now. Whatever it is. Time for f–king action here. We’ve been ( badly ) debating doing this and that for so long the country is becoming more of a sick joke than ever. When are we ever going to say–okay, enough, now lets actually get something done.

    We can either be like the Middle East/ Africa or we can be like East Asia. In the Middle East they blame everyone else for their misery and do nothing themselves. In East Asia, look at what they’ve done. Look at Korea, China. They were all feudal, rural countries like us. They’ve come a long way since then. That’s because they don’t sit on their backsides and complain all day long but actually get out and do something.

    That’s my rant for the week. Not much of an analysis, I agree, but what the hell, I just needed to get this load off my back. Now I’m happy.

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  8. Eight-parties themselves now started to feel that they are now in catastrophe.

    – Prachanda himself told in the mass that eight parties are failed to run the country.
    – Carter said that there is no law and order and security among the people in Nepal which needs to be seriously improved before CA election.
    – Sujata, although not popular, but said the truth that this is the weakest security situation in our history.

    If anyone closely analysed the list of sayings of the leaders of the eight-parties, they will find the frustration among themeves. Where people have very much little trust with this rule in regards to peace and democracy. Not only that but added further tension of communual war and sovereignity which was never faced in our history.

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  9. with a magic wand…neps will drop their laziness, be overwhelmed with patriotism, work hard 12-16 hours a day, develop camaraderie, believe only in the religion of humanity, ….will stop pissin in the open, stop nepotism, stop pullin legs, stop corruption, stop cynicism….then the above bloggers can write poetry instead of being engulfed by the black smoke of illusions, delusions, sarcasm, hallucination, pomp, and radical egoism…..

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  10. This is exactly what I meant in my posting above, with much more detail and elaborate explantion…. people should read the logic whether they agree or not.

    ————

    “The Maoists’ fear a CA poll result that legitimizes the monarchy more
    than anything else because such an outcome will cause the Maoist
    “revolution” to self-combust from its very core. Survival of the
    monarchy in any form will be a death-blow to the Maoist rationale, a
    situation the Maoists are bound to avoid at any cost….”

    “By creating a system that can both eliminate the monarchy and the
    Prime Minister with 2/3rd majority, the Nepali Congress has tied its
    own fate to the fate of the monarchy. For the Maoists, the provision
    to eliminate the monarchy and then to eliminate Girija Prasad Koirala
    was too attractive a platform to forego. For non-communist parties,
    the opportunity to capitalize on the sympathy that the monarchy still
    retains (up to 40% of the voting population – as evidenced by the
    latest polling numbers), was an opportunity they could not forego….”

    “Whether Nepal’s leftist ideologues care to admit it or not, there
    remains ample sympathy for the crown, particularly from lines of
    patronage that accrue to the liberal King that Birendra was.
    Additionally, Gyanendra may be ambitions, arrogant and self-deluded,
    but he is also the single reason why all the discredited politicians
    (including the Maoists) are in positions of power today. And not only
    are these miscreants back in power, they are fully legitimized in the
    eyes of the Nepali population – thanks to Gyanendra….”

    “The second amendment to the interim constitution bodes well for a
    sweeping compromise on the issue of monarchy – it removes the monarchy
    temporarily as the focal point of all political discourse and
    guarantees that no party comes to power using the monarchy as its
    prime stepping stone. The amendment forces Nepal’s political forces
    to go to the people with firm political agendas and reform packages of
    substance. The days of riding a platform that ties overnight
    development and prosperity for the Nepali nation to the removal of the
    monarchy alone, are over….”

    FULL TEXT LOCATED AT THE FOLLOWING URL:

    http://nepaliperspectives.blogspot.com/2007/06/second-amendment-to-nepals-interim.html

    http://nepaliperspectives.blogspot.com/

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  11. Look before you leap. Sure the present “king” is a joke who ought be retired to the nearest brothel. But the whole idea of kingship is a good one. Look around you, at your neighbor countries. Bhutan, so peaceful. Thailand, raucous but the king always steps in at the last minute and points the way. Burma, if they had a king that cared for all his people instead of that greedy clique, don’t you think they’d be better off? India, chaotic directionless oligarchy. If only they had one guy they could admire. Same with Bangladesh, only worse. Don’t throw out the baby with the bathwater

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  12. Bob, Nepalese always cringe and cry their heart-outs only after its dead and gone, they have trait of remorse bus load and their hind sight vision is 20/20. its shocking to view all these shenigans of 8 autocratic party but not whimper rises from the midst of people who are hell bent on runing with a wind, pushed, instigated & fed by India (they know this, thats the sad part) wagon called Loktrantra (federalism)- a word that has literally no meaning to common folks, even urban but to one with the crowd they chant it till hell comes knocking.

    Basic premise is this- to exercise democracy, Nepal needs good governance but this is a mirage under 8 party alliance where each and every party is for themselves and by themselves- country’s welfare does not even make a note in their scheme of things. So Nepal has gone to the dogs and soon it will be safe haven for likes of Bin Laden and his kind- mark my word.

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  13. THE ONLY SPAM THAT IS GOOD IS THE ONE CANNED AND READY TO BE EXPORTED… HOW ABOUT SEND THIS ANARCHISTS OUT OF NEPAL FOR GOOD

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  14. Asheem,

    If we will become success to export them in other countries, our country will become heaven and another country where they exist will become hell like present Nepal.

    Whoever rules us without these thug-syndicate-eight-parties (TSEP) is acceptable now.

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  15. We must not keep a system a king that has failed. The king failed, since he has gone, the war has been over, the parties have reached peace deals. The monarchy has so failed Nepal, that even India, has a higher life expectancy than Nepal, and Bhutan a monarchy has a lower life expectancy than Nepal. Nepal is a nation that should be for the people. We should remember that the king tortured and killed and jailed many innocent people, in huge numbers. The monarchy is untrustworthy, and dishonest. We need a land led by the people, and a president who is the servant of the people, not a nation that must kneal to a greedy king, who is so dishonest he chants for dictatorship, then claims this is what democracy needs. The government has also shown it is strong, that it is able to act, and hold the dagger over the ideal of a king, this shows how much cleverer and better republican government is, than the incompetant rubbish from the former and ousted King Gyne. Remember the old women, and young men he killed,

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  16. These unelected jokers are playing with the Constitution, aren’t they? – as if the Constitution is just a piece of plain written paper.

    I wonder what majority would it take to pass the following constitutional amendment:

    “WHEREAS, in consideration for the welfare and well-being of the Nepalese people, the Constitution is hereby amended to allow any one member of the parliament (whether such a member is duly elected or fraternally elected by the past or the current Prime Minister or his coherts, the definition and interpretation of ‘cohert’ being the exclusive right of each member of the parliament) to table a motion to amend the Constitution and demand that such an amendment be approved forthright by a majority whose percentage is determined by any of the members enumerated above.”

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