The
decision of King Gyanendra on the night of October 4 to dismiss the
Nepali Congress (Democratic) Government led by Prime Minister Sher
Bahadur Deuba and his calling for "non-political persons" to head an
interim government for conducting the general elections for the
Pratinidhi Sabha (lower House of the bicameral Parliament) appears to
have come both as a surprise and shock to many.
However, Nepal watchers had seen it coming for the
last several months as it became more and more evident that it would be
next to impossible to hold the scheduled elections from November 13
onwards as mandated by the constitutional obligation (Article 53.4). The
Maoist rebels’ activities since the last six months have made it clear
that they would not allow elections to be held, terror being the weapon
in their arsenal against the parliamentary democratic system.
Prime Minister Deuba, hard pressed by the rebels as
well as his party leader, Girija Prasad Koirala, to lift the emergency
declared in the Kingdom to meet the difficult situation created by
Maoist violence, had recommended to the King that the Pratindhi Sabha be
dissolved and fresh elections be held six months later. The
constitutional article mentioned earlier provided for this
recommendation by the Prime Minister which the King is bound to accept.
The monarch, however, has to ("shall") ensure holding of elections
within six months of the date of the dissolution of the House. The King
did abide by the provisions of the Constitution but the Government has
so far failed to take any tangible step for ensuring elections.
In the meantime, the president of the Nepali
Congress, Girija Prasad Koirala, fully disapproving of the action of
Deuba , asked him to retrace the step and resign from the Prime
Ministership. He refused, and was promptly expelled by the parent party,
upon which he floated his own party, the Nepali Congress (Democratic)
Party. Then began the battle for the election symbol between the two
parties and the Election Commission, to the mortification of Deuba,
recognised the Koirala-led faction as the "real" Nepali Congress. The
Supreme Court, which was approached by the Koirala group, rejected the
petition calling for the restoration of the Pratinidhi Sabha, citing an
earlier instance of 1995. The 1995 verdict had come for reviving the
Pratinidhi Sabha because it was unjustly dissolved at the recommendation
of the Marxist Prime Minister, Manmohan Adhikari, when he had already
lost his majority in the House and a no confidence motion was pending
against his ministry.
This time, Deuba had majority support in the
Pratinidhi Sabha behind him, and hence the Supreme Court did not
pronounce a favourable verdict for Koirala. The latest provocation for
the King came when Deuba, on behalf of his and other parties (eight in
all), petitioned the King a few days ago that it was not possible to
hold the stipulated elections and asked his consent for postponing them
for full one year.
There are unofficial reports that Deuba had also
assured the King that he would resign as Prime Minister in order to
facilitate the formation of a new government, on which he reneged. Deuba
says his dismissal is unconstitutional. The King has no powers under the
Constitution to dismiss an elected Prime Minister. He is, strictly
speaking, right. He could enjoy, normally, the right to remain in office
till November 13, when the six month period since the dissolution of the
House would elapse and, as in India, he would then not be entitled to
remain a Minister and hence the Prime Minister. However, the King, too,
is on solid grounds. He has powers under Article 127 to remove any
obstacle in the path of the functioning of the system in vogue now,
Constitutional Monarchy. However, it is not a question of just King
versus Deuba. There will be much public outcry against the King’s
action. The people of Nepal, long harassed by the non-performance of the
Government on the one hand and the Maoist rebellion on the other, would
any day opt for direct rule by the Palace, which they consider is their
last resort for peace, tranquillity and security.