Balance of power shifts in Nepal

The four major political parties in Nepal agreed on Monday to handover reins of government to Khil Raj Regmi—the incumbent Supreme Court chief justice. Though a formal agreement is awaited, the move demonstrates a shift in balance of power towards the judiciary.

Lack of consensus among the parties on ways to end the nine-month old constitutional and political crisis that began with dissolution of the Constituent Assembly in May last year was the prime reason behind this temporary but significant tilting of scales.

Unable to agree on which party would head the unity government entrusted with responsibility of conducting the next parliamentary elections, parties agreed on handing over their power to Regmi as suggested first by ruling Maoists during their convention earlier this month.

To ensure Regmi’s elevation as the country’s chief executive is brief the parties have agreed on certain measures.

First, Regmi would stop discharging duties as the chief justice once he becomes the chief executive.

The senior most Supreme Court justice is likely to be handed that position till Regmi rejoins after completing his task, i.e. conduct elections within June 5.

Instead of a government Regmi would lead an 11-member interim council of ministers. And though he would conduct all functions entrusted to the Prime Minister, he would be called chairman. The ministers to be selected by Regmi would not be affiliated to any political party.

If the interim council fails to hold elections within the stipulated date, a high level political committee would recommend to the President another person as the new chief within 15 days after expiry of the June 5 deadline.

But despite these provisions there is fear that the shift may not be the magic formula to end the ongoing crisis. The move to appoint Regmi has already seen opposition from parties not included in deliberations, legal experts and civil society leaders.

Nepal’s interim constitution doesn’t allow a sitting or retired judge to hold office of the chief executive and many say that such a move would be against basic tenets of democracy, rule of law and separation of powers between the executive and judiciary.

Some allege the move could be another instance of New Delhi’s interference while others feel it could be the outcome of some secret understanding between the Maoist leadership and Regmi. Still others see it as a Maoist attempt to weaken constitutional bodies.

It remains to be seen what will be the result of the new experiment. But till there’s positive outcome (elections on time and formation of a new government elected by voters) political players will remain the supporting cast in Nepal’s seemingly unending soap opera.


3 Responses to “Balance of power shifts in Nepal”
  1. This is first time that I have perused his bio. I have always felt that he has so far distanced himself from any controversy. But because of his working with “Kaurav Sena” in Delhi, even he is feeling or bearing the brunt. I have not felt him politically or otherwise arrogant or egoistic so far overtly. My personal opinion for Mr Khursid is fairly high.


    tres Reply:



  2. Dirgha Raj Prasai says:

    Dear Editor and Readers !

    Since 2006, Nepal is captured by the traitors.
    I read the news- analysis ‘Balance of power shifts in Nepal’ But, the Congress, UML and Maoists them self are confused. The party leaders after 2006 have become unsuccessful. Many are calling for new mandate, which is again deceitful. The concern of the Nepalese people is complete democracy. The Nepalese people don’t want communism. Although the parliamentary systems in practice around the world vary in their nature, they are run adjusted into the nation’s situation. However, in Nepal the leaders of the so-called big parties- Congress, UML, Maoist have not shown any concern on the type of parliamentary system relevant for Nepal.People are so aggressive against the leaders of Maoist, Congress, and UML.Such leaders(traitors) should punished.
    The interim constitution of 2006 has automatically become obsolete in the case of failure of the CA to formulate a new constitution. As its legitimacy has been lost the President and Prime Minister, who are former in real sense, are only trying to turn the nation into systematic corruption. To give the nation a solution we must honor the unchangeable provisions of the 1990 constitution. There is no alternative to move ahead in consensus for change on foundation of the 1990 constitution. Nepal should operate under the authority of Narayanhiti Palace with monarchy..
    There will be no solution from the leadership of such confused and power-hunger Chief justice. It is totally unconstitutional. The chief justice of Supreme Court Kilraj Regmi is also a nonsense, week-minded person and sycophant . Actually, he has no knowledge to decide in the court. He is one of the corrupt judge that his wife is active to collect money from the clients.After 2006 foreign brokers have taken over Nepal government. What will happen if the Supreme Court chooses the same path?
    Constituent Assembly will not be more than 2 years. The 25 February, 2011 edition of Gorkhapatra (Nepalese Govt. Newspaper) has reported that the Supreme Court, after the constitution was not drafted in the stipulated time frame of 2 years, went on to change the definition by itself and gave a verdict, which was against constitutionalism and theory of natural justice, that the period of the Constituent Assembly would remain until the promulgation of the new constitution. Many constitutional and law experts have branded this a grave defect.Constitutional expert and advocate Bhimarjun Acharya writes-Supreme Court verdict is against the mandate of people. If an organization formed under the guidance of people’s mandate is to continue for eternity then it will bring anarchy. This is against the people’s right to vote. This proves that the SC is trying to make irresponsible broker CA members immortal. Although, that verdict may be decided by some party oriented corrupt judges but it will be precedent. All the political analysts, constitutional and legal experts have raised an opposition against this verdict. On 27 February, advocate and legal expert Bhimarjun Acharya in Kantipur, Anarsingh Karki in Annapurna Post, political analyst Badrinarsigh K.C in Rajdhani had published analytical article. In their article they have highlighted the importance of constitutionalism by attacking the character and intention of Supreme Court justices involved in political brokering. Due to the bad intentions harbored by SC justices it has instilled distrust among the people. So, to handover the political power to Chief Justice should be canceled.
    On 27 May 2008, the then Home Minister Krishna Sitaula, who was not even an MP having lost the election, stood inside Parliament to declared a republic. This was an unconstitutional act in itself. An individual having lost the election and not being a member of parliament has no right to participate at a parliament meeting. The Nepalese people have no wish to listen to or look at the faces of leaders from the Nepali Congress, UML, Maoists and the Madhesi parties. The 1990 constitution has regained full legitimacy; we must use it to form an inclusive cabinet that will resolve the current crisis.

    We must bring out a list of the names of Prime Ministers, ministers, secretaries, general directors, project chiefs, contractors and businessmen who embezzled huge amounts of money from the state treasury after 2006. The Commission for Investigation of Abuse of Authority (CIAA) must be directed to arrest them for appropriate action. The seized money should be nationalized. The Constituent Assembly Members including the irresponsible Speaker Subash Nembang should be punished for taking remuneration and using all facilities and benefits and failing to perform their duty; they must refund the money to the public fund. In Haiti, a strict form of punishment was introduced to discourage corruption when the nation plunged into excessive corruption.

    Hence some suggestions:
    (1) The state facilities given to parliament, Constituent Assembly, and cabinet, as per interim constitution 2006, must be returned to the state. The money collected from the sweat and blood of citizens was used for a certain purpose which went unfulfilled. It should be returned to the state, or in future it will be difficult to control the activities of criminals. (2) A law must be passed debarring the members of the parliament, Constituent Assembly and the cabinet from contesting the forthcoming general election, and for five years from any election. (3) All facilities, decisions, including Citizenship Act, that have been a burden on the nation and introduced after the implementation of the controversial interim constitution must be repealed. (4) Foreigners must be prohibited from spending or distributing excessive amount of money in the country. The state must take control of the international NGOs and their funds. The state must control such foreign economic support and spend it scrupulously, for management of which a separate body can be created at the Ministry for Local Development. In this way, foreign activities can be checked and their intervention stopped.

    Nepalese people do not want any kind of communist authoritarianism; they want full democracy, political stability, peace and good governance. Nepalese people no longer want the unconstitutional rule of the so called larger parties, Maoists, Congress, UML, Madhesi. With the demise of the Constituent Assembly, the constitution of 1990 constitution is restored automatically and Nepal’s royal institution, Nepal Army and people of Nepal are protectors of Nepal. The monarchy was pivotal in integrating Nepal, establishing democratic and equitable society at par with the modern world.
    The uprising of 2006 took place with direct Indian support and the fear instilled by the Maoists’ arms. India had given assurance to the leaders of Nepali Congress, UML and Maoist party that if they agreed the 12-point agreement, they would find the leadership of the new government. And Indian intelligence wing ‘RAW’ has played an active role in the uprising, providing the economic and other material support. In accordance to the 12-point understanding UNMIN was invited in Nepal. The 12-point agreement and the presence of UNMIN became a matter of crisis for Nepal. After coming to Nepal UNMIN started to develop a special relation with the Maoist in name of peace treaty. This cooperation was the result of policy based conspiracy of India and America.
    After the uprising the so called 12-point understanding and the activities of UNMIN and UN’s other Org. became the base of retrogression of this country. They contrived a design to weaken the national army and intentionally joined the hands with the Maoist army. This is the most dangerous subject faced by Nepal. However, the leaders of Nepali Congress, UML and Maoist do not utter a single word despite the nation’s perilous condition. They have already signed treaties under the protection of Indian intelligence agency and have become slavish with their dependency on India, America and the European nations.
    These broker-politicians and agents of foreigners will not make a new constitution. Since 2006 Nepalese people tolerated the worst political practice made by corrupt and culprit leaders. The nation achieved the climaxed height of the lawlessness, theft, robbery, ransom and murders. The corruption is out of control. A corrupt tendency has been institutionalizing as a system. The Nepalese justice system has failed in practice. In every criminal case, police have still refusing to register the criminal complaints, sometimes in the face of a court order to do so. Due to the culprit’s regime, the government has failed to reform laws that impede effective criminal investigations into past violations. There is no justice in Nepal, no rule of law and no government.
    The anarchist party leaders and senior most government officials cannot escape justice. The culprit leaders and security officials must be punished because they are not employed to kill citizens. The party leaders thought the movement for democracy was just to rise in power, earn money, loot the country and get more personal facilities. All the political and administrative mechanism has defunct. Experiences are the proofs to reveal that all the political traitors invested their time and energy just for power and to accumulate big chunk of money, land, home and expensive vehicles. Their amassed properties in the name of democracy are hidden in different banks, lands, big houses and business. Democracy has been abused as a ladder for power by the anti-nationalist political leaders. Hence, it is obligatory that we return to the 1990 constitution with the presence of King to stabilize the nation. There is no alternative for Nepali people than to unite under a common resolve to rid the nation of foreign intervention and corruption.
    Thank you
    Dirgha Raj Prasai
    Political Analyst
    Former Member of Parliament


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