It is a matter of grief for all democratic analysts all over the world. On 24 December, 2012, Dr. Rambaran Yadav visited India as President (head of state) of Nepal.
In his visit to India, Yadav is like a Joker in a pack of cards. Either the Indian Government and its leaders have no idea of the Nepalese constitution, or it may be they also consider him the Nepalese Joker.
Yadav Tenure Ended
Yadav should have already left his expired post as President, because after the failed Constituent Assembly experiment, there is no new constitution. Rambaran Yadav has no right to visit India – or any other country, passing himself off as President, and spending government money. According to the Interim constitution-2063, Rambaran had become president for 2-4 years, and his tenure has ended. Given this fact, how and why could Dr. Rambaran Yadav visit India as head of state?
The constitution could not be drafted in the time set down, and this means the President and PM can’t exercise their power. After the experiment of Constituent Assembly (CA) the President, PM and the Interim constitution are not in existence. The president, PM and the Congress, UML – the gang of traitors – are defining the articles 38 (1)-(2) of the dead interim constitution as they think convenient for their purpose.
Prime Minister Refuses To Vacate Position
It is a matter of grief that PM Baburam Bhattarai is refusing to leave his post. The dead interim constitution has no provision in regards to a re-election under the Constituent Assembly or any other election. How can an election be declared on the basis of consensus when there isn’t any right guaranteed in this regard?
If there is to be an election on the basis of agreement between the politicians, then, they why do we need a constitution? The situation of Nepal is critical. The Chairman of Nepali Congress Sushil Koirala suggested the cancellation of the visit by Rambaran Yadav to India.
Just as only dead fish swim with the stream, the CA expired, and no one can give it new life. The followers of CA are all defeated. Given this, why are the former president Dr. Rambaran Yadav, and PM Baburam Bhattarai going through an exercise in futility to confuse the constitution in a fallacious way?
The expired president is going to visit India as a President without the mandate of the Nepalese people. The parties have fallen into an unconstitutional ditch. They are treading an unconstitutional path to betray the nation by adamantly clinging to their posts. The former speaker and some CA Members are demanding revival of the CA. How can the CA that died of natural causes be revived?
If we analyze the political chaos following the dissolution of Constituent Assembly, we will find that Rambaran Yadav and Baburam Bhattarai are both fatal elements incapable of understanding national politics. Rambaran Yadav is a medical doctor while Baburam Bhattarai is a doctor of architecture. These technocrats do not understand political sensitivity.
Everybody knows – the dissolution of legislature means the posts of President and Prime Minister are automatically dissolved. Not only Baburam Bhattarai, who was elected through the CA, but Rambaran Yadav is also automatically stripped of his position.
King Gyanendra Speaks About The 2006 Agreement
The consensus reached with the King was breached on 24 April, 2006 under the direction of India and Western nations. After which they looked to extirpate Nepal’s existence.
Just recently King Gyanendra publicly stated in regards to the agreement reached on 24 April. “The then seven political parties and I had reached a written agreement on retaining the royal institution. The first point of the five point-agreement stated that the transformation will take place on basis of the 1990 constitution, the second point calls for reinstatement of the dissolved parliament, the third point agrees on retaining the multiparty system and fourth point for retention of the constitutional monarchy for generations to follow. The fifth point states that all four agreements will work in tandem.” It is to be noted that on 22 May 2002 the then Prime Minister Sher Bahadur Deuba had sent a recommendation to the King to dissolve the parliament elected in 1999.
Nepal’s plight is very sensitive. What causes have contributed to bringing the nation to the current plight and how did this chaotic scenario become a possibility?
Who is to take responsibility for this retrogression? Nepali Congress (NC), UML and the Maoists that came to power after 2006 do not want to take responsibility for the dangers faced by the nation. Who is the officially responsible power? Nepali Congress leader and senior advocate – Devendra Nepali, was not any less influenced. Nepali was incarcerated for eight years in the struggle for the multi-party system. Nepali, who is also an advocate, bravely says- “Republic, federalism and secularism imposed against the nation’s interest will wreck the nation. These agendas are malicious for the nation.” He says that it is insignificant to say that the nation is without a constitution when the relevance of the 1990 constitution continues with the monarchy. Once, Rambaran Yadav was a staunch supporter of B.P and favored the royal institution. But Girija made him President of the Republic.
Even the greatest patriots without an ideology become devils
Girija made these leaders into scapegoats. Rambaran’s present acts have proved that even the greatest patriots without an ideology become devils. Had Rambaran Yadav’s intellect been adequate, on the very next day following the dissolution of CA he would have said – “We have all failed; now the state must run on the 1990 constitution.” And having said so, he would have appealed to King Gyanendra to take control of the state. He would not have had to earn ignominy by slyly continuing to remain at Sheetal Niwas with remorse.
Nepal’s situation is different from that of other nations. Located between two large nations – China and India – Nepal cannot function with balance in a Republic setup or any other system except that of the royal institution. Foreign activity was rampant during Rambaran’s tenure as well. Now, Rambaran wants to become king. Such nonsense thinking may lead to the possibility of the nation falling into a quagmire of conflict. The President will have to follow the directives of whosoever invested and played the role in his success in the election. The foreign activities at that time will increase trampling Nepal into the soil. NC leader Ganeshman Singh used to say – “Who is and who is not a patriot will be found out after the person reaches a power position in the state.”
Rambaran Yadav has shown his status as a sly traitor. Damned be his nonsensical and talkative advisors who are running after money. And now, he is visiting India looting a huge amount of Nepal along with his whole family.
Fire, Flood, Mad Dogs and Foreign Agents
People have always feared fire, flood and mad dogs. In Nepal, people also fear the activities of foreign intelligence agencies and the Maoists. PM Baburam and Prachanda want to take advantage of this turmoil to turn Nepal into a Christian state.
The Madhesi groups, who are staunchly pro-Hindu, have also fallen into the Maoist’s trap with Western nations to rape their mother religion. It is said the Madhesi leaders would die for a government post, money and Hilly girls. Like a rabid dog they will go anywhere and eat anything. The people of the Terai say the Indian Embassy sees them as its slaves. I feel that the cause of death of Madhesi leaders will be the people of Terai.
As the new constitution could not be promulgated, it automatically rendered the 2006 interim constitution obsolete. The President and the Prime Minister who have already become erstwhile and lost legal status are trying to turn the nation into a contract based business, why? We can honorably enthrone the King in respect to the unchangeable provisions in the 1990 constitution.
Then we can free the nation from this prevailing turmoil by categorically planning to control foreign activities and develop the nation. To plan such points of development, the Nepalese people, state organs, court, national army and security sources must be prepared. In politics character and stance plays an important role. Political leaders must be free of any tarnish. The leadership must always present itself clearly in the eyes of the people.
Mistakes are bound to follow any effort, but the leadership must be able to recognize mistakes and rectify them in a timely manner. The leaders that have been active after 2006 do not want to recognize their mistakes. Nepali Congress and UML among other parties who were the creators of the 1990 constitution came under Indian influence in support of drafting a constitution through a Constituent Assembly.
If he wants to visit India, Rambaran Yadav can visit personally, but not as a fake head of the state. He should realize this for the sake of Nepalese goodness and his future prospects.
Those who cannot evaluate a situation in time often fall into a trap. The CA has already expired, and the formerly elected PM and President have both lost their status. The interim constitution is unworkable. The state must take action against those adamant on running with the interim constitution which has also expired. The interim constitution does not contain any provision that could provide a solution for the nation from the current plight. It was handicap anyway and on the night of 27 May it died.
The 1990 Constitution Stands
No other alternative is possible than reverting to the 1990 constitution with King Gyanendra as head of state, for transformation and consensus. The reality is that, if Monarchic democracy is not reinstated in Nepal, China comes with communism for its security and gradually India also converts as a Communist country. So, for the sake of democratic sense in Nepal and India, there should be monarchic democracy in Nepal and republican democracy in India.
It is necessary that all of Nepal’s patriotic forces – Nepalese people, nationalists within the parties, the court, security sources, national army, employees, laborers, farmers and the King – must come together to save the nation from drowning.