In a democracy, a responsible legislature is expected to (1) make laws keeping in mind the greatest common good, and (2) actively monitor all sectors of government—in coordination with parliamentary committees and constitutional bodies such as commissions—so that it can question and correct actions and decisions that are against the spirit of common good.But the kinds of legislations that have been tabled in recent times show how easily lawmakers are willing to trample on the spirit of common good. For example, it took seven years to pass the bill on Truth and Reconciliation Commission and the Commission on Enforced Disappearances, which was about giving justice to conflict victims who lost family members or are living with permanent injuries. Some provisions in the bill had to be revised after they were widely criticized by rights activists and other sections of society for trying to give impunity even for those involved in "heinous crimes." The dishonesty and betrayal of public trust by some political parties and lawmakers was apparent in the matter.
Another bill that raised a firestorm was the one on the media. The bill was accused of trying to squelch free expression. It was said that the bill gave additional power to the judiciary to muzzle criticisms and intimidate free expression as well as independent reporting.
In contrast, the lawmakers have been actively supporting the bills that give them large constituency funds and they have also swiftly endorsed ones that provided them salary and allowance increments.
In light of these facts, we cannot say our legislature has been acting responsibly.
Executive, in parlance of governance, is the state organ that runs day to day functions of a country, its decisions and actions having direct bearing on peoples' lives. Prime minister, ministers, state ministers, government secretaries, heads of regional and local government bodies and heads of security institutions all are part of the executive. Those in the executive must be made accountable because their decisions and actions affect common citizens directly—positively or negatively. It is an irony that one has to even mention "positively or negatively" because, normally, an accountable executive should always take decisions and actions in favor of public good.
In Nepal, however, the failings of the executive are ubiquitous.
Syndicates and mafias in every sector have compelled government machineries to function as their rubber stamp, making it easy for them to pass measures that benefit only a few at the expense of the larger public.
The executive has mostly been spineless whenever it has had a faceoff with the syndicates that pounce on every opportunity to enrich themselves by exploiting the masses. Public hospitals and community schools are in a disarray; the tunnel for the Melamchi water project is miles from seeing the light of the day, and load-shedding continues to cast dark shadow on the future of country's industry and younger generation.
In the absence of strong monitoring, corrupt government officials in collusion with contractors have been milking state coffers dry, manufacturers and traders get away with producing and selling substandard food and other products harmful to public health, and hospitals and education institutions have been fleecing service seekers with impunity.
An exhaustive list of government failures may lead one to ask whether we have a government at all.
This is all a result of unaccountability as the attitude that percolates right from the prime minister and his pack of ministers down to a VDC secretary, who lords over hapless citizens.
Judiciary is the ultimate guarantor of constitutional rights. In a society where the powerful are inclined to ignore or bend rules to suit them, the judiciary is the ultimate recourse for public against exploitation and abuse. But court processes are so cumbersome and beyond comprehension of vast majority of public that even well-educated people choose to suffer silently rather than knock on its doors when faced with injustice.
The judiciary has been made to watch helplessly as its own verdicts go unimplemented and ignored. The legal process, which begins with filing of complaints at police stations, is unsympathetic toward common public. Almost every day we come across news that police are reluctant to file cases, particularly if victims are poor and helpless.
Let me invoke a cliché here: Democracy is by the people for the people and to the people. In this statement, the word 'people' alludes to members of the public in the widest possible sense and not just a handful of elites wielding or connected to power.
But it is not hard to see in Nepal how the entire system is stacked against the helpless public: the poor and those not connected to the power centers.
The author is a copy editor at Republica
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