Nepali Times
From The Nepali Press
Goodbye to authoritarianism



The formation of the ministers' council under the chairmanship of the king is not in line with the constitution. As far as the state of emergency is concerned, it can be imposed only at the recommendation of the ministers' council. Our constitution did not envisage the king taking action, therefore the constitutional spirit, provision and concept is that no question can be raised about the king's deeds. That provision has been violated whereas the constitutional view that no one can challenge the king's moves has been kept intact.

Everything the RCCC is doing is unconstitutional. Irrespective of who recommended the formation of such a commission, it is not in accordance with the constitution. The imposition of the state of emergency does not mean that other constitutional bodies become ineffective. For instance there are bodies like the Supreme Court, Election Commission, Public Service Commission and CIAA. At a time when the constitutional bodies are still functional, forming a separate one is unconstitutional. An order says anyone challenging the royal council will be subject to prosecution. When the state power grabs a judge by his collar, we may not be able to retaliate but does such a move not appear against the basic legal structure?

The present constitution has accepted the principle of division of powers. It is something we abide by and I believe the king himself is under the same constitution. The 1990 movement bid the authoritarian system goodbye, we can't re-impose the system we replaced. For that to happen, the constitution must be declared null and void. But if the present constitution exists, it needs to be followed.

It is clear that the royal commission's tenure will end as soon as the state of emergency is over, so according to the royal declaration, only one month remains. What will be done with the state of emergency is still to be seen. According to the constitution, the state of emergency can be extended by parliament. Even if we do not have parliament, we have the Upper House. If the state of emergency is not ratified by parliament within three months, it will simply come to an end. As soon as that happens, the royal commission's tenure will end. Of course, things can be different if the body is used as a political instrument.


LATEST ISSUE
638
(11 JAN 2013 - 17 JAN 2013)


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