Nepali Times
DAMAKANT JAYSHI
My Take
President's rule?

DAMAKANT JAYSHI


KIRAN PANDAY
We seem to be moving more towards presidential rule after 28 May next year rather than promulgating the new constitution and holding elections thereafter.

Unless the political parties agree on the major contents of the constitution, the make-up of the future Nepali state, and delinking the Maoist political party from its army, the existing Constituent Assembly-cum-Legislature/Parliament will die on 28 May, 2011. Gone with it will be the prime minister (caretaker or otherwise), the speaker/chairman, and all the committees of the Constituent Assembly.

Only the president's office will remain active. Of course, lawyers close to the Maoists and the Maoist leaders themselves and their army of apologists have argued that the president too will cease to exist.

It will be in no one's interest, least of all the Maoists', to have presidential rule. Surprisingly, the dominant sections of the three major parties – NC, the Maoists, and UML – are open to President Ram Baran Yadav (pictured above with Indian Army Chief Vijaya Kumar Singh, Wednesday) stepping in. Clearly they have their own calculations.

Let us take the Maoist party first. Having tried all the angles it could think of, from civilian supremacy to national sovereignty, enforcing a nationwide shutdown to issuing the open threat of people's revolt, the party has failed to ignite the desired passion among large sections of the populace. Exasperated, it even tried throwing in the revival of the monarchy as a 'cultural' or 'people's' monarchy (whatever the last means). Nothing has clicked.

The party, especially Chairman Dahal, is looking for an agenda to galvanise the nation and especially its cadre base, which is growing disenchanted by his 'Rado' culture. Presidential rule, before the CA dies a natural death, would provide just that spark. "We told you so," will be the refrain from Dahal and his acolytes.

NC's hardline faction wants the head of state to take matters in hand because it feels the country is sliding into chaos due to Maoist atrocities, obstinacy, and its refusal to accept a constitution that guarantees constitutional supremacy, pluralism, an independent judiciary, and a free press. They are gaining strength since the Maoists have continued to add fuel to their suspicions, thus weakening the moderates in NC who advocate courting the Maoists and believe they can transform into a truly civilian democratic party.

The Madhav Kumar Nepal-KP Oli faction of UML would gladly accept presidential rule, now or post-28 May. These two leaders are itching to "teach the Maoists a lesson" and by proxy, their own party chairman Jhalanath Khanal, who is close to the Dahal-led faction of the Maoist Party.

Needless to say, these influential people do not believe the constitution will be written and promulgated by 28 May, 2011. But presidential rule will not follow the script they may expect.

All the gains made since the success of People's Movement II in 2006 will be either lost or will come under attack from royalist forces that are already rearing their heads. Dahal would be too happy to even formally align with them. He is already hobnobbing with them under the umbrella of 'nationalism'.

The sections in the big three parties and civil society that believe that the country has really made impressive gains and can build on it need to openly raise their voice in favour of writing the constitution and settling the question of ex-Maoist combatants. Growing calls for presidential rule should be a wake-up call for them, for it won't be Dr Yadav who will be running the show if rule in his name is announced.

damakant@gmail.com

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1. Poudyal

"The moderates in NC who advocate courting the Maoists and believe they can transform into a truly civilian democratic party."

If there are so called moderates out there in the NC who believe this is possible  then they should be extriditied to Rachi -you know where in Rachi.



2. Arthur
Army rule, with or without a King would obviously suit the interests of people who have lost all other hope of preserving their privileges.

But it didn't work before and there is no reason they could believe it would work now. Indian support would be helpful for logistics but it would take actual Indian troops to protect those supply lines and the scoundrels relying on them would lose their last refuge of "patriotism' and face a national liberation war.

Calling it "Presidential" rule would not change anything.

In the 21st century it is not feasible to rule Nepal without the support of the people through free elections. That is a lesson already learned with blood.

The author knows it, the King knows it and the President knows it. What is the point of this bluster?


3. who cares
points to be followed before president's rule:

1: do not take over if you and your administration have no guts and corrupt, incompetent, unable to bend rules.

2: president should only hire and fire pm, should not be involved in executive. 

3: army should take care/ lead the security of people, govt. bureaucratize, property, investment, development. 

4: army should take care of organized crimes, political criminals.

i say there should be special squad comprised of apf and police that go after political crimes like murder, corruption, loot, extortion, forcing people to take part in the demonstration, threatening...... those should be jailed as anti nationalists and those demonstrating to release should be dealt with excess force. 

5: people from the past/known faces/who had been in the job should not be involved in new administration. 


6: development work should continue.

7: parties should be given 6 month to write constitution and end peace process, if they could not then expert should draft constitution and people should pass it. and no army integration or at least one weapon one soldier principle should be followed.


8: there has to be freedom of speech. and HR for general public.

9: army or security force should not misuse their position. there has to be strict rules.





no need to worry about demonstration. in the past, there used to be some crowd cause they were forced to take part, after president rule, those forcing should be disappeared and there wont be a big crowd. 


2/3 yr of president rule is the need of the hour. 







4. Anonymous
If the scribe's ill-fated prediction turns out correct, ironically, the President, elected for the first time by the historic CA in Nepal, will be heading a coalition of the right-wing Junta, military dictators, and a bunch of Quislings. Nepalese fate will not be much different than that of the peoples of the Central America in the seventies and eighties of the previous century! Nepal will turn a haven for the international arms dealers and the 'imperialist forces' who will not only supply arms to such a right-wing Junta; sooner or later, the foreign boots will trample on the bossom of  our Motherland! It will be a disgrace and shame to the Nation of the 'The Buddha' and 'The Braves'. For a patriot there will be left no alternative, but to fight to the last breath a national liberation war against the lackeys and the 'contras'! Let's hope and believe that the civilian leadership of Nepal can demonstrate enough wisdom and conscience to prevent the country going down that dark alley. It is time to strike a fair deal on the fundamental tenets of the modern federal republican democracy, and write a constitution "for the people"!


5. NepaliEconomy.com

The incipient Maoist-Monarchist realignment is one interesting turn of event coming out of the current political stalemate. Their mutual understanding was most recently highlighted by a conspicuous silence of the Maoists over the Paras Shah�s gun incident.

But be as it may, I am not sure about the practicality of such realignment. If we go by the author�s argument that should the country fall into a Presidential rule, the army will be the power behind the throne.  The army in essence will rule the country with the support of India. The Maoists will be the losers. The army is also probably the most pro-monarchy institution in the country.  

By aligning with the monarchy, are the Maoists trying to save their skin?



6. Arthur
anonymous #4. What you describe is exactly what those hoping for "Presidential rule" want. What I find hard to understand is why they imagine it could be successful for them.

Does "who cares" really imagine that you can combine army rule and free speech and "strict rules" so army does not abuse its position? Does he really imagine that the people like himself that he is writing for are stupid enough to believe it?

To me it just seems like pointless bluster from people who know that they are stuck with having to face another free election in which they will lose even more heavily. They write this stuff to make themselves feel more powerful rather than with any actual hopes.

BTW if you are writing regularly it is better to choose a unique name instead of "anonymous" as other people also use "anonymous". It does not need to be your usual name.


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