- Jha avoids oath-taking ceremony
- Jha refuses to take oath in Nepali
- Jha´s oath at 4 p.m. today: Govt; Jha to hold press meet at 1 p.m.
- Govt decides to administer VP´s oath on Sunday; Jha sets more conditions
Jha´s refusal to take the fresh oath on the backdrop of the nullification of his oath taken in Hindi means that he would no longer retain the post of vice president from Monday. However, Jha´s lawyer claimed Jha had now become “vice president-elect.”
“He [Jha] did not appear to take his oath in Nepali,” Raghu Panta, the prime minister´s principal advisor, told reporters, while emerging from the President´s Office.
Pant had accompanied Prime Minister Madhav Kumar Nepal to the president´s office to attend the ceremony. “The government has upheld the SC´s order by arranging for his oath-taking ceremony. The government cannot force him to take oath,” he argued.
It is learnt that Prime Minister Madhav Kumar Nepal had tried his best to convince Jha to take a fresh oath till the last minute. When Jha did not show up for the ceremony, Nepal had urged Jha over the phone to retake the oath and settle the row in an amicable way.
Earlier in the morning, Deputy Prime Minister and Chairman of Madhesi People´s Rights Forum (Democratic) Bijaya Kumar Gachchhadar, Chairman of Tarai Madhes Democratic Party Mahantha Thakur and Minister for Supplies and Chairman of Sadbhawana Party Rajendra Mahato had also urged Jha to retake the oath.
The government, which is supported by Madhesi parties with soft corner for Jha, is now faced with a political and constitutional predicament after Jha´s refusal to take the oath in Nepali.
The President´s Office, as decided by the cabinet on Sunday morning, had arranged for the swearing-in ceremony. However, Jha, issuing a press release on Sunday afternoon, hinted that he would skip the function scheduled for 4 pm. He said he would retake the oath only if the Interim Constitution is amended allowing one to take oath of office in one´s mother tongue.
“I can imagine of re-taking the oath only after all the languages spoken in Nepal are respected through the seventh amendment to the Interim Constitution, which is being considered in the Constituent Assembly,” Jha said.
Reading out his statement before a press conference, where journalists were not allowed to ask questions, Jha criticized the Supreme Court and maintained that he was not required to retake the oath as his written oath was in Nepali. “The court has not nullified the written Nepali copy of my oath,” he argued. He also said he did not dishonor the Nepali language by taking oath in Hindi.
Talking to myrepublica.com, Jha said he would not attend office from Monday. When asked if he would still make use of state privileges, he said, “It is the government that should decide whether or not I should be given privileges.”
Prime Minister Madhav Kumar Nepal, Chairman of the Constituent Assembly Subas Nembang, ministers and acting army chief had reached the President´s Office to attend the ceremony. Chief Justice Min Bahadur Rayamajhee and chiefs of constitutional bodies, however, were not present. The members of the diplomatic community also avoided the ceremony.
Oath Row Chronology
July 23, 2008 - Jha takes oath in Hindi
July 25, 2008 - Advocate Bal Krishna Neupane files petition against Jha’s oath-taking
July 24, 2009 - SC justices conclude oath-taking ‘unconstitutional’
July 25 - Jha refuses to take fresh, says SC verdict ‘biased’
July 28 - Another petition demands SC to declare Jha ineligible for vice president
August 12 - SC asks the government if it is making necessary arrangement to administer fresh oath
August 17 - Govt files bill to amend the interim constitution and address the issue of linguistic rights while taking oath
August 19 - Jha writes to SC saying he could do ‘something’ if the government so decides
August 23 - SC asks Jha to take fresh oath in Nepali within 7 days
August 25 - President Dr Ram Baran Yadav asks Jha to take oath in Nepali
August 28 - Jha appeals for review of SC order
Constitutional debate
Jha´s refusal to take the oath has triggered a constitutional debate on his status and vice president´s post.
Some constitutional experts said Jha´s decision not to take oath has made the post of vice president vacant. They are of the opinion that the government can inform the parliament about the vacancy and ask for the election of a new vice president.
"The road for the election of a new vice president is almost open," said advocate Madhav Basnet. Another lawyer Tika Ram Bhattarai also said the post of the vice president has become vacant.
However, lawyers close to Jha said the election of a new vice president is not possible. Jha´s lawyer Mithilesh Kumar Singh said the post has not been vacant as Jha has only slipped to the status of vice president-elect. "Jha becomes vice president whenever he takes the oath," Singh argued.
Another constitutional lawyer Dr Bhimarjuna Achaya argued that the post of vice president has "collapsed". He is of the view that Jha can´t continue to the post even if takes oath after the amendment of the Interim Constitution.
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