On/Off the Record

               

By P.R. Pradhan

The nation observed the constitutional day on Monday just organizing formal programmes. The government announced a holiday and the best charm of the Day for the Nepalis was enjoying the national holiday, nothing else. Those political parties, who were involved in writing the constitution, were too reluctant in observing the event with a big fanfare. A constitution is the principal law of the nation which should be accepted and respected by all the sections.

When the constitution is brought just in the interests of one section by discarding greater sections in the society, it cannot function. Moreover, when those, who are practising the constitution too are defining it on their own wish and benefits. Just for an example, an emplacement case was filed against the Supreme Court justice just to influence the court case on the Lalitaniwas Baluatar government land scam against political leaders Madhav Nepal and Baburam Bhattarai and also another case against the formation of the Unified Socialist Party and Loktantrik Socialist Party by splitting the mother parties UML and JSP. Prime Minister Sher Bahadur Deuba, in the process of managing the majority for the government led by him, issued an ordinance related to the split of the political parties making it suitable for the two newly born parties to their split. Just for individual interests, the ordinance was issued by the government. Just for a pity interest, an impeachment case against the Supreme Court justice was registered. After registration of the ordinance, for about six months, the concerned applicants remained silent and again, on the eve of the dissolution of the HoR, the case was activated. Without finalizing the case, the HoR was dissolved and legally, CJ Rana was freed from the charges against him. He wished to assume office again according to the constitutional provision, but the government restricted him from joining the office. The impeachment case was filed against Rana just developing a setting in the “independent” court by assigning government-friendly judges. Even if CJ Cholendra S Rana is denied to join the SC, he has made naked all the government organs, political leaders and the attitude of the SC judges and BAR executives. The present anomalies seen in the constitutional bodies are an example of misuse of authority by the chief executive of the country. If violated the principal law, its impact will be seen in every organ and ultimately the system will be collapsed. If we talk about the system or say the constitution of the country, it has already collapsed and there is no chance of its recovery. 

We don’t say the previous government led by K.P. Sharma Oli was maintaining the law properly. He also misused the constitutional provisions and many times, he attempted to rule by issuing different ordinances. 

A rule of law is possible if every individual will respect the law and perform his duty according to the spirit of the law. But those in power practised violating the law for their personal gains. 

Moreover, the present constitution has been imposed in the foreigners’ interests and a larger section of the society has not accepted it. In such a situation, the government or the political parties leading the nation should have dared to conduct a referendum, for which, they don’t dare as they know the result. 

The 2006 political change was possible through a negotiation between the institution of monarchy and the political parties in agitation. There was no agenda for declaring the nation a republic and secular. How these agendas were included in the House restored by the King by using his special prerogative, even the senior political leaders are unaware. Indeed, the South Block and the European Union were active in introducing republicanism and secularism under their vested interests. Indeed, the political parties in agitation were used by the foreign powers against the country. Federalism has become the stage for dancing to the foreigners’ tune by those unethical and irresponsible political leaders serving foreigners’ interests.