We Nepalese people support the democratic principles. We regard election as the base pillar for sustenance of democracy. But we Nepalese do not support any election held without Constitution ending the principles of democracy. The nation is above the constitutionalism. Constitution is the only legal means to run a sovereign nation with legitimacy. Since the unification of Nepal this nation has operated under legal norms. Nepal has always run under a constitution. India has been forcing Nepal since the Delhi agreement in 1950 for drafting a constitution through a Constituent Assembly (CA). The increasing nationalist forces in the nation and the inevitable fact that China would side with Nepal India was deterred.
In 1958 the constitution of the Kingdom of Nepal was promulgated through a constitutional commission. After political instability in 1960 the constitution of 1962 was implemented. Both of these constitutions were drafted with support of national and international experts. As a result of the people’s uprising in 1989 the 1962 constitution was scrapped and a new constitution was promulgated by the King in November 1990. Why was that constitution thrown away? What defects did it have? The ruling Nepali Congress (NC) and UML never raised the issue of amending that constitution and moving ahead. Following the 2006 uprising the 1990 constitution was disgraced and removed. The Indian concept of a CA that it had envisaged in 1950 was again raised for a new constitution, which in turn plunged Nepal into crisis. However, the constitution was not drafted. As the parties failed to draft a new constitution from the CA the 1990 constitution automatically attains the legitimate ground. It would have been the same had the uprising in 1989 failed to draft the new constitution. Then the 1962 constitution would have been activated. It is the international norm that if a new constitution cannot be drafted the old constitution regains its power.
It is not right to continue the current constitutional vacuum in the interest of some foreign powers and contract leaders. The 1990 constitution can be continued and an elected parliament may carryout the necessary amendments. Nothing can be more unconstitutional that to run the nation with a dead interim constitution. This is the reason of the controversy surrounding the Supreme Court (SC) Chief Justice Khilraj Regmi, who has been appointed as the government chief. It was Regmi’s mistake to accept the proposal of the four parties to become the government chief. In capacity of being the country’s CJ he can still opt for a path to continue the 1990 constitution.
If he fails to do that the Nepalese people will brand him a traitor and smear black smut on his face and take him around the city. It would be obvious that everyone would support such a punishment on a CJ, who supports the foreign conspirators to create instability. Yes, it is true that there are people who do not support the concept of reverting to the 1990 constitution. It is equally true that there are no other options but to return to the 1990 constitution. The examples seen in the world speak the same. There are examples of many countries that have reverted back to the old constitution after the CA failed to deliver a new constitution.
Yes, it is not that the 1990 constitution does not have defects. The Mahakali Treaty was approved through the parliament on basis of the 1990 constitution. There was no talk of getting the official stamp of approval from the King and as it was not necessary it was passed in the parliament. Question rises that the continuation of that practice may someday allow the traitors to even sell the nation through the approval of the parliament without asking the King. Then we had even raised a nation-wide protest with the slogan ‘Come King Save the Nation’ demanding the provision ‘Nepal’s sovereignty will rest with the King and the people’. The Maoists’ insurgency was at its peak. In 1999 after a speech at the Tribhuvan Chowk and the municipality in Nepalgunj many Maoists’ had come to meet me. Our view had influenced many Maoists’ activists. Then we had huge support of the people which was a matter of fear for NC and UML. When we say ‘Come King Save the Nation’ it does not entail that the King should overtake and capture the power. Our view was that the slogan would goad NC and UML to correct their defects. However, those two parties became more corrupt.
The article 3 of the 1990 constitution provisioned, ‘Nepal’s sovereignty will rest with the Nepalese people’ and raised the question if important treaties would be sent to the King for approval. However, no one approved it. During the drafting of the constitution King Birendra had asked that the provision say that the sovereignty will rest with the King and the people. The King’s chief secretary apprised the monarch of various articles as the article 27 which stated, ‘His Majesty is the symbol of unity of the Nepalese people and nationality’; article 35 (1) that stated, ‘Nepal’s executive authority will lie with His Majesty and the cabinet,’ and article 44 which stated, ‘There will be two assemblies with the names His Majesty, Parliament and National Assembly’.
The King’s chief secretary was of the view that these articles implied that the sovereignty rested with the King and he appealed to the King that another provision need not be mentioned. King Birendra himself had apprised me of what the chief secretary had advised him when I had queried regarding the mistake in the constitution. I had suggested the King that if such a provision did not exist, Nepal could meet the fate of Sikkim. When the Mahakali Treaty was approved many of us were in prison. We saw that the 1990 constitution had a defect. Prime Minister Sher Bahadur Deuba had called our slogan a way of earning. No one was ready to correct the defect.
It is time that we Nepalese must be alert of the Indian and other foreign conspiracy. Since the 1950 Delhi treaty, India has been attempting to influence Nepal’s defense and foreign policy. In 2005 India took another decisive step to fulfill its dream. It fielded Baburam Bhattarai, a student of Delhi Nehru University, to bring an agreement between NC leader Girija Prasad, UML’s Madhav Nepal, Maoists’ chairman Prachanda and others to sign the 12 point agreement. India provided the economic assistance for the second uprising. Indian newspaper ‘The Hindu daily’ on 15 September, 2008 published a report citing S.D Muni that India had spent Rs. 1 billion in the uprising in Nepal. Apart from that it is clear that there were other material help from India.
It must not be forgotten that S.D Muni is an infamous anti-Nepalese Indian. Muni put forth the broker Baburam Bhattarai, who had become a catholic when studying at the Luintel School in Gorkha, for the uprising which was based on the 12 point understanding. It is already made public that American intelligence CIA and the European nations had started providing economic support for the Maoists’ after the 12 point agreement. India is the country where the Nepalese Maoists’ started the master plan of insurgency in Nepal. They were nurtured there.
The Indian intelligence provided training to this horde of terrorists. It is revealed by the India’s former Foreign Minister and incumbent President Pranab Mukherjee, foreign secretary Nirupama Rao, Indian intelligence’s former chief P. Harmisj, Prof. S.D Muni among many prominent Indian personalities.
Why have NC, UML and the Maoists’ leaders signed the 12 point understanding without assessing such a dangerous situation? Nepal’s situation is crisis-ridden due to the leaders’ lust for power and money. The unsuccessful element that had failed to draft a new constitution in four years dissolved the CA. The person of the stature of CJ moved contrary to the constitution and supported what was not mentioned in the interim constitution to fall into the trap of this dirty game. Why? The purport of this article is not that elections should not be held. We cannot support the conspiracy to make Nepal a failed state.
After 2006 the source of manipulation of the NC and UML leaders became clear. There are factions of patriots in all parties. There are some 25-30 brokers in these parties that have turned the parliamentary system after 1991 into a corrupt system. The same leaders in November 2005 participated in a treacherous act by agreeing on the 12 point understanding for money and power. A question rises if we should punish these leaders of the so-called political parties who have participated in a treacherous act to earn the money provided by the foreign powers.
With the support of the Indian intelligence, Baburam Bhattarai and Prachanda launched a joint campaign in which 17,000 Nepalese were killed and millions worth of physical infrastructure destroyed. On whose directives did the Maoists’ rebelled demanding a CA? Why did NC and UML join hands with the Maoists’ that had started the insurgency against their corrupt rule? On whose directive is the second CA election being held for a new constitution? On Indian directive the CA was dissolved without drafting a new constitution. Until when will they remain secure with the support of foreign powers? If they retire from politics and stay silent for a few years they may escape from a great disgrace.
If they had to govern the nation then they could have amended the 1990 constitution to remove obstacles and rule the country. NC late leader Girija Prasad and UML’s leader Madhav Nepal, who were participants of the committee that drafted the 1990 constitution, are the ones responsible for drowning this nation. I am disgusted even when I remember their names. Because of them, India mediated an agreement to launch joint uprising with the Maoists. So we say, “Down with traitors and criminals!”
The leaders that came to power after 2006 must be prohibited from taking part in elections for at least five years and the state must carry out an investigation into their corruption and take action. If we subject 25-30 corrupt leaders to punishment for treason, corruption, injustice and embezzlement no one will be able to utter a word of protest. To save the nation an all party cabinet must be formed in the presence of the King and on the foundation of the 1990 constitution. The foreign activities must be banned. These corrupt incapable leaders within the political parties must be brought to justice.
