The formation of a government under Chief Justice Khil Raj Regmi has gained both accolades and criticism. Though some sections of society were relieved that the four political parties were able to agree on Regmi to preside over the polls, a large number of people are still unhappy with the four-party syndicate and its marionette government. While several political parties including CPN (Maoist), legal experts, and a section of the intelligentsia have vented their anger regarding the election government and the way it was formed, some political analysts, democratic groups, and the international community have expressed their approval of the country’s step towards election. The opposing parties allege that the current government is formed in breach of article 106 of the Interim Constitution and of the sanctity of principle of separation of powers.
Rule of law has been violated time and again in Nepal since the Constituent Assembly election in 2008. But according to political analysts and legal experts, this time the four-party decision has damaged the very norms of democracy by entrusting both executive and judiciary power to the same person, which is contrary to the principle of separation of powers. More interestingly, in less than a month of the formation of the government, UCPN (Maoist) chairman Prachanda, who had proposed the present government earlier, expressed his dissatisfaction over its delay in announcing a date for election. He has given an ultimatum to the government: Either announce the election date, or face people’s wrath.
REPUBLICA
Some political leaders cite other countries, including Bangladesh, as examples of sitting chief justices heading election governments, without bothering to verify the facts. No sitting judge has ever headed an election government in Bangladesh. Fakhrauddin Ahmed, a retired governor, headed the election government as chief advisor and held the polls in December 2008. Other election governments prior to that were headed by retired judges.
Now that a CJ-led government has already been established, wisdom lies in holding the elections as soon as possible. To respect legal provisions and democratic norms, Regmi must resign from the post of Chief Justice. While Regmi was reluctant to work as the head of government from the Chief Justice’s residence, why isn’t he just as reluctant to retain the post of Chief Justice after he became the head of government? Instead of attending festivals and inaugural programs, Regmi and his ministers need to focus on their given tasks. This government should not waste its time on party politics or policy matters, and instead concentrate on day-to-day administration.
Having said that, the possibility of completing all the prerequisite tasks and holding an election in June seems bleak. Although, the chief election commissioner was earlier confident of being able to hold elections in June, he too now seems unsure. In the meantime, some leaders of the four political parties have expressed their inclination towards elections in November/December this year. In view of their preference, as well as the incomplete preparations for June elections, it would be wise to announce the elections date for November/December, and start seriously working to that end.
To achieve this, the government and election commission’s first step would be to take the opposing political parties into confidence. In this context, the efforts made by the government to hold talks with 33 opposing political parties is welcome, and needs to be carried out subtly in order to convince all parties concerned. Though the disgruntled political parties have refused to participate in the talks, they need to be pursued further to come to the negotiating table. They need to be convinced that elections would be the only solution to proceed as per the principles of democracy. To do so, the government and other related agencies may have to concede some of their earlier stands if required. The other political parties should also come to some sort of a compromise for the sake of elections.
Solutions can’t be achieved just through protests, which are pushing the country into constant turmoil. Regmi’s resignation from the post of Chief Justice would be a good way to quell mistrust and fulfill a major demand of the agitating parties. Equally important would be a reduction of HLPC’s leverage over the government. Recently, the CPN-Maoist leader Mohan Baidya stated that his party will not participate in a meeting called by the HLPC or by a government formed by the four parties. He has also declared that his party would turn the elections into a battle ground. CPN-Maoist has also avowed to disturb any election related activities. In this context, it is difficult even to imagine a smooth election.
The Regmi government can set an example for future governments by implementing an austerity program.
The election government must ensure that elections are held in a cost-effective manner with utmost austerity. The police alone have demanded Rs.5.5 billion. Besides, the Police chief has said in an interview with this daily that the Police Department needs more than 70,000 temporary police personnel for the election, and at least 1,500 vehicles besides several hundred rented bus and trucks. Nepal had conducted elections in 2008, and vehicles last longer than five years. Vehicles which were used then could probably be reused now, which would be more cost effective.
Similar to the police, there are sure to be demands for budget from other agencies involved in the polls. The example of China could be useful here. The president of the second largest economy of the world, Xi Jingping, has emphasized the need to be frugal, because “frugal is glorious,” and has insisted on cutting down consumption and maintaining austerity. Nepal—one of the poorest countries in the world—cannot afford lavish expenditure. President Xi Jingping has said that graft and gluttony are the enemies of rulers, and warned that his administration would be hard on both “tigers and flies” in an anti-corruption drive to gain public trust. We need to take a cue from China.
The Regmi government can set a good example for future governments by implementing an austerity program and providing a clean and corruption-free government. Pope Francis has chosen to live in a Vatican guest house instead of the papal apartments in the Apostolic Palace, and to take his meal in the common dining room. That is a good example for Regmi and his ministers as well as other ministers in the future.
bhagirath_51@live.com
Related story
Way forward for Nepal
