Condolence to Paras & Gyanendra-Say the Joyous Nepalese


Finally, the house has passed the historic proclamation with some minor changes. King is no more powerful; he is just like every other citizen now. King lost control of the army, and the government would now be called "Nepal Sarkar."One of the greatest achievement is that now the parliament can choose the heir to the throne meaning Paras has lost his hope to become the king of Nepal. However, this is not the end. We need to scrap the king's position as well- a move towards a republic Nepal is inevitable.

Surprisingly, the parliament has passed yet another change-Nepal will not be a hindu kingdom anymore. Whether it is a good thing or bad thing, I don't know but I guess this will make the minorities feel better. So, may be it is meant for good. Further changes that have been accomplished include change of national anthem, fixation of palace expenditures by the parliament andscraping the Raj Parishad. 

Now, the army chief is to be nominated by the parliament and the existing provisions on security council will also be scrapped. New security council will be formed under the leadership of the prime minister but the army will be mobilized by the cabinet-writes Himalayan Times.

And to make this new change the supreme, house also passed a provision which discredits any other laws which does not line with these changes. Himalayan Times writes:

The proclamation says all the laws and constitutional provisions contradicting with it would be considered void and any obstacles in implementing the proclamation will be solved by the HoR.

Now, we are done with a part of our goal. Further challenges lie ahead. Peace talks with the maoists must be made soon so that the fruits of democracy can be realized by one and all in the country. This change, however, should not be the optimal change. We should press forward with the election of CA which still would decide the final fate of monarchy among other issues.


2 Responses to “Condolence to Paras & Gyanendra-Say the Joyous Nepalese”

  1. sanobhai Says:

    We are done with our goal? I am saying this is just the beginning, we have just defined the political goals. I think the goal is to implement all these laws because right now this is just all talk. I have not seen a single item implemented yet. I would like to know from the experts how long it will take to implement even things like national anthem change. I doubt we will see a quick implementation of things like taxing the royal income. It will probably take many months if not a year.

    Another question I have is what is the status of 1990 constitution? Clearly this proclamation is not compatible with it. Can the house pass laws and have it come into effect without endorsement from the King? What if someone brings a suit to a court saying this proclamation is unconstitutional? What should the judges do? Should the judges follow the “people’s sentiment”, or should they follow what the parliament said or should they interpret written laws? Is the judiciary supposed to be under the parliament or people’s sentiment?

    Even beyond this proclamation, the court is in a difficult situation. Should it ask the government to release the the former ministers? If the government respects the rights of the individuals guaranteed by the 1990 constitution, there is probably no grounds to arrest them unless it has a case against them. From what I know, the government does not have a case and interpreting laws in an unintended way, exactly like the royal government.

  2. dreamnepal Says:

    Interesting questions indeed Sanobhai.
    First, we are not done with the goal. As I said, we are partly done with our goal. First bullet has been fired.
    For changes like national anthem, it should not take too long. It does not require structural changes. Finalization of the new song is enough.Implementation isn’t that hard a thing in this case.
    Taxing the royal income should not take much time either because as per the proclamation, king is subject to existing laws on taxation. we do not have to devise new laws.

    As for judiciary, it is a difficult question. Judiciary should be impartial meaning it should be independent of parliament and or people’s sentiments. However, its job is to make sure laws made are respected. Since the parliament is allowed to make changes in laws, those laws will be supreme. And the final note in the proclamation was that all existing laws which contradict with this new one will be invalid.
    So, this proclamation is constitutional and legal. This is the unanimous decision of the supreme body.

    And as for the arrest of the former ministers, I feel like all should be given a new chance. If we are to grant amnesty to maoists, why not to royalists too? They all made mistakes, they have realized it (hopefully). Peace is not possible with discrimination.

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