On the Judiciary vs. the House of Representatives, episode-II
Finally, the House of Representative (HoR) has overstepped its boundaries so much that it has stepped directly on the toes of the Judiciary. The Constitution explicitly prohibits discussions and review of Supreme Court (SC) decisions. This provision is being systematically desecrated.
Further proposals from the HOR include: SC activities to be under the scrutiny of the Commission for Investigation of Abuse of Authority (CIAA). It is proposed that there will be a Constitutional Court to deal with all matters related to Constituent Assembly, and the SC will be barred from reviewing the Constitutional Court’s decisions.
The Chief Justice (CJ), unlike before, doesn't have to be a permanent SC judge for five years. It has been proposed that any SC judge will be eligible for the top spot.
On the decimation of judicial independence
The Judicial Council previously consisted of the Chief Justice, two senior judges (according to seniority), the Law Minister and a nominee by the king. The newly proposed council is to include the Prime Minister, the Chief Justice, the Law Minister and one person nominated by the Bar.
Divesting the king from the judicial process appears in line with on-going trends. But instead of taking the king out and maintaining judicial independence (by filling the spot with an independent candidate), the process of erecting a new king has moved ahead; the new king will be the Prime Minister with not even a hint of independence that accompanied previous appointments.
Finally all SC judges are due for reappointment. Politics, nepotism and favoritism are to be permitted to play out in full? All nineteen SC judges (there were twenty, but after Parmanand Jha's term wasn't extended there are only nineteen) are up in arms except Anoop Raj Sharma (who is hoping to be picked up by the government) as Chief Justice and Balram KC (also hoping for a reappointment).
For the first time in Nepalese history there is going to be a national convention of judges on October 27-28, 2006. However, the Speaker Subash Nembang is threatening the Judiciary with street protests, should the convention propose legal challenges to any of the HOR’s proclamations. Judicial review and independence are to be out the door.
In the meantime the government has been asked to prove the constitutionality of the HoR declaration of May 18, 2006. The concept of the division of powers is all but dead. The nation is heading down a course of illiberal democracy (also know dictatorship of the democratic kind).
On a monumental loss for Nepal
The Nepalese environmental protection movement has suffered irreparable losses through the helicopter crash in Gabla, Taplejung. This crash resulted in the deaths of prominent environmentalists like Dr. Harka Gurung, Dr. Chandra Gurung, Dr. Mingma Norbu Sherpa, Dr. Tirtha Man Maskey and others.
Kantipur Television launched a poll. The question asked was why are there so many air crashes in Nepal? The overwhelming response was “geographical and weather conditions.” The Kathmandu Post, owned by the same media house, stated that "99% of air accidents due to pilot error." Whatever the cause behind the tragedy may be, the fact remains that Nepal is left intellectually poorer after this devastating event.
On the Chinese taking sides
Maoists overtures to the Chinese are no longer clandestine. The Nepal China Society, a China friendly organization, arranged a get together in Hotel Annapurna between Chinese dignitaries and the Maoists.
There, First Secretary of the Chinese Embassy, Jhang Jun had a high profile tête-à-tête with grey safari clad Maoist leaders. The Ambassador was also around. The coverage in the 'Nepal' magazine is worth reading and the Chinese breaking their foreign policy traditions is probably not something the Americans should take lightly.
On the Indians running being behind as usual
Such coziness is not something that Indians are likely to take note of because it would cause an unnecessary uproar within the Indian Parliament. The Indians will however, take note of this meeting when the realization dawns on them that the Chinese are doing with the Maoists, exactly what the Americans are doing with the Indians – erecting political proxies to defend national security interests.
Baburam Bhattarai said, "We are grateful to India for their help and even when we come to power we would respect the security sensitivities of India, but the development of new Nepal would be in consultations of both Chine and India."
In the meantime, C.P. Gajurel, the Maoist ideologue freed from Chennai was accosted by the West Bengal Government. It is rumored that the Maoists woke up to the fact that their old masters are poised to extract ever penny worth of investment in the Maoists by retaining Maoists assets as collateral should the Maoists decide to “bite the hand that previously fed them.”
On alternative security arrangements
Given the inability of the SPA government to provide security, the Maoists are going to provide the same. It has already started in Bhaktapur with armed Maoist patrols roaming the streets and “arresting” criminals – mostly those from other political parties.
However, it is assumed that the Maoists will be a lot more successful than the SPA since most of the problems originate from their own cadre who can be moved from location to location, thus giving the impression that crime has gone down in any particular spot.
On a confused RPP
Pashupati Shumshere claims proximity to the Monarchy, but at the same time he publicly stated that his party would go for republicanism.
During the war between birds and animals the bat said it belonged to whichever group that appeared to be winning until both groups realized that the root cause of the problem they were fighting over, was the bat. Such tendencies are referred to as chamero niti (bat's policy) in Nepal and “flip-flopping” in America.
Aside from struggling to find an identity for his Party, the RPP Chairman should probably be struggling to quickly reconcile differences with the RJP and unite to face the inevitable leftist onslaught – now isn’t this a novel thought?
On rumors of a turn in politics of illogical kind
Rumors hold that a secret understanding has taken place to enable Girija Prasad Koirala to be booted out, Sher Bahadur Deuba to take over and the Maoists to join an interim government.
The logic runs that Madhav Kumar Nepal will then be the next Prime Minister during whose time Constituent Assembly will be held. While MKN is busy basking in the glory of his repeatedly denied PM post, Pushpa Dahal will continue demolishing the NC and stealing support from the UML.
With all the rumors that are flying around, the idea is to make hey while the sun shines and enjoy the Dashain holidays because there is every indication that after the holidays are over, complete chaos is coming back to town!
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