KIRAN PANDAY

The first citizen of the country has every right to be worried about parliamentary deadlock, the status of his deputy and the delay in the drafting of a new constitution. Like all fellow citizens, his concerns over fissiparous tendencies in national politics are justified. It shows that he sees and hears what everyone else does. But when he insists on speaking about his concerns, his conduct acquires political overtones.

By all conventions of the parliamentary system, the Prime Minister is the main advisor of the President. Except under circumstances explicitly specified in the constitution, the head of state is bound to abide by the decisions of the Council of Ministers. The authority of the President under the present dispensation is mostly moral. He needs to remain above political controversies to be able to exercise it in national emergencies. Unfortunately, he has already used (or abused) his authority once on the advice of 18 anti-Maoist parties. Clearly the Maoists and their supporters consider him a partisan player rather than a referee. All the more reason for him to be mindful of the company he keeps and the advice he seeks.

Carefully leaked stories in the media hint that the President has been associating with legal eagles known for their stridently anti-Maoist views. On legal affairs of public interest, the Ministry of Law and the Attorney General are his main advisors. The President can confer with the Prime Minister, the Chief Justice, the Chairperson of the legislature or even the President of the Nepal Bar Association if he wants further clarity about his position. But his hush-hush consultations are sending all the wrong signals.

The President should not only be non-partisan but also seen to be fastidiously so. If the first citizen is seen to be sticking to the rules, then the rest of us may have some incentive to do so.

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