Decision not to call Nepal a federal democratic republic is an attack on the system, professionals say
Article 56 (1) of Nepal’s constitution checks out: “The primary structure of the Federal Democratic Republic of Nepal shall be of 3 levels, namely the Federation, the State and the Local level”, thus indicating the nation’s official name. In spite of this constitutional arrangement, the Ministry of Law, Justice and Parliamentary Affairs on October 14 […]
Article 56 (1) of Nepal’s constitution checks out: “The primary structure of the Federal Democratic Republic of Nepal shall be of 3 levels, namely the Federation, the State and the Local level”, thus indicating the nation’s official name.
In spite of this constitutional arrangement, the Ministry of Law, Justice and Parliamentary Affairs on October 14 released a circular asking all the concerned companies to write just “Nepal” instead of the “Federal Democratic Republic of Nepal”.
This would mean other countries would henceforth have to address the nation as Nepal and books have to be changed to reflect the new government directive.
This choice of the Cabinet, leaders of the ruling Nepal Communist Celebration and constitutional professionals, however, state, protests constitutional arrangements.
“I believe this belongs of a grand method to weaken federalism,” Ram Kumari Jhankri, a ruling celebration lawmaker, informed the Post.
They say that this belongs to Prime Minister KP Sharma Oli’s series of actions to destroy the existing system.
” Everything is being available in a series of decisions as Oli is against federalism and his actions are heading towards demolishing the existing system,” stated Leelamani Pokhrel, a Standing Committee member of the ruling celebration. “This is simply another step of his to compromise and damage the system.”
The ministry circular was based upon a September 27 Cabinet decision which had concluded that it was required to compose Nepal to preserve a harmony in naming the country.
But the general public came to know of the choice only after the circular was provided.
” Instead of ‘Federal Democratic Republic of Nepal’ referred as the main name of Nepal in a few of the government files and in diplomatic correspondences, ‘N-E-P-A-L’ will be composed now onwards,” checks out the circular.
Ruling celebration leaders are suspicious about the relocation of the Oli administration not to reveal the choice through the routine press meet. Minister for Foreign Affairs and then federal government’s representative Pradeep Gyawali had not mentioned about the decision made on September 27 in the routine press meet organised a day later on.
Neither was it listed amongst the Cabinet choices in the website of the Ministry of Communication and Infotech this specific choice is missing.
Likewise, the Law Ministry too hasn’t made its circular public through its website.
” The government’s relocation seems suspicious with the way they kept the decision trick,” said Matrika Yadav, a Standing Committee member.
Yadav has likewise provided a statement flouting the federal government’s choice.
The choice to refrain from naming the nation as a federal democratic republic was made precisely five years after the nation promulgated the Constitution of Nepal which has actually embraced federalism, republicanism and secularism as its significant pillars.
Post 4 of the Constitution of Nepal says.” Nepal is an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented federal democratic republican state.”
” How can the Cabinet modify the constitutional provisions?” asked Dev Gurung, primary whip of the ruling party, who is also the Standing Committee member. “If the name of the nation needs to be altered, the constitution needs to be changed.”
Pokhrel stated at least three locations in the constitution– 6th paragraph in the preamble, Article 4– Nepal State– and article 56- structure of the state– have clearly specified that the nation should be called Federal Democratic Republic Nepal.
The 6th paragraph of the preamble states: “We thus pass and promote this Constitution, through the Constituent Assembly, in order to satisfy the goals for sustainable peace, excellent governance, development and success through the federal, democratic, republican, system of governance.”
” Do the ministers even check out the constitution?” asked the Standing Committee member Pokhrel.
Law Minister Shiva Maya Tumbahangphe, on the other hand, has declared that absolutely nothing particular regarding the name is written in the constitution.
” Nowhere in the constitution has ‘Federal Democratic Republic Nepal’,” stated minister Tumbahangphe. “We have actually not touched anything from the constitution and we know it well that only the parliament can change any of its arrangements. We simply wished to make harmony in the letter we obtain from different foreign objectives.”
She stated there need to have been misconceptions so the issue was hyperbolized.
Authorities at the Law Ministry followed the main line and downplayed its circular saying that the choice is absolutely nothing however an attempt to make sure that there is harmony in the method the country is named.
” I don’t believe it’s a huge problem. The choice only aims to maintain uniformity; there’s absolutely nothing to read between the lines,” Lila Devi Gadtaula, representative at the ministry, told Post. “We have not publicised the choice through the site since it’s not a current decision however simply an action to execute the Cabinet’s decision.”
Nepal’s republican constitution was promoted in September 2015, after more than 7 years of considerations and two basic elections to choose the Constituent Assembly members, following a years of armed dispute in which some 13,000 people lost their lives.
Constitutional professionals say avoiding calling Nepal as a federal republic nation is a blatant attack on the spirit of the constitution. They say if the federal government wishes to keep an uniformity why not adopt a Federal Democratic Republic as the official name.
Senior Advocate Chandra Kanta Gyawali said the Cabinet does not have the authority to alter the unamendable constitutional arrangements as it would alter the existing federal system of the nation to the previous unilateral system.
” This move will seriously breach a minimum of four provisions of the constitution– preamble and short articles 2, 4, 56, 74 and 274,” Gyawali told the Post.
Short article 2 discuss the sovereignty and state authority is vested on Nepali individuals and “it shall be worked out in accordance with the arrangements stated in this Constitution” while Article 274 states only a two-thirds bulk of the federal parliament can amend the constitution.
However this is not a change of the constitution, according to Minister Tumbahangphe.
” Do they understand the cabinet can not change the constitution?” she stated.
After informal assessment with constitutional experts, the parliamentary State Affairs and Excellent Governance Committee of your house of Representatives has required time from the prime minister through his individual secretariat so as to summon him to clarify the cabinet choice regarding the main name of the nation. “After the prime minister repairs time we will summon him to the parliamentary committee,” stated Shashi Shrestha, chairperson of the Committee.
For Gyawali too this relocation is the latest step to deteriorate the existing system as the prime minister had said provinces are the ‘administrative system’ of the federal government.
3 days after the Law Ministry’s circular, Oli, who likewise is a chair of ruling Nepal Communist Party, in a meeting with Karnali Chief Minister Mahendra Bahadur Shahi, his challenger Yamlal Kandel and other provincial leaders, on October 17, had said the provincial federal government are the units of the federal government. He had made comparable remarks in May 2019 in Dhading where he had actually said, “There is one single federal government, Nepal government, which has different organs including the provinces and regional levels.”
” If the prime minister is not committed to the constitutional arrangements that embraces federalism, he is not eligible to rule the federal country,” Gyawali said.
Political experts have actually likewise questioned the government’s move saying that the official names of the nations must be at par with the constitution like Republic of India, Individuals’s Republic of China, United States of America among others. Throughout the Panchayat era and the absolute monarchy period Nepal was formally called Kingdom of Nepal.
They state Oli neither has actually made any contribution for republican set up nor for federalism however was dragged by the situations to support the brand-new system. Ironically history bestowed him the function to carry out the federal and republic constitution.
” The series of activities of Prime Minister Oli suggests that he is attempting to derail federalism in a systematic and organized method,” said Shyam Shrestha, a political commentator, who has followed left politics of the nation for years. “I think this newest move could also be a part of it. Cabinet choices which do not conform with the constitution can not be executed.”
The constitution is what it says, according to professionals.
” The basic structure of the nation can not be altered even by the federal parliament,” said Gyawali. “The very first conference of the very first Constituent Assembly [in 2008] had chosen that Nepal would be called ‘federal democratic republic Nepal’ and the name was sent to the United Nations after the assembly endorsed it.