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Wednesday, June 24, 2009

Madhav Nepal And Rule Of Law

Former Prime Minister Prachanda's decision to sack the army chief Katuwal lacked due process and was declared so by the president. That decision by the president was promptly challenged and taken to the Supreme Court. Madhav Nepal went ahead and nullified the decision by the former Prime Minister. He can not possibly have done that. That is a disrespect of rule of law. A case that is still being considered by the Supreme Court has to be left to the Supreme C

Madhesi Jana Adhikar Forum, NepalImage via Wikipedia

ourt. The Prime Minister, or the president or the parliament may not engage in such indulgences.

Madhav Nepal has made another similarly improper decision as Prime Minister. He waited for his own party to decide which UML people will represent that party in the parliament. Otherwise three top UML leaders were in major disagreement. He similarly waited for the Nepali Congress central committee to decide on which NC people will go into the government. That was also true of the TMLP, the SP and the RPP. But in the case of the MJF, Madhav Nepal at the instigation of Girija Koirala went against all the basic norms of parliamentary democracy and appointed Bijay Gachhedar as Prime Minister.

Upendra Yadav probably could take Madhav Nepal to court on that one.

andolan4Image by paramendra via Flickr

There is the law and then there is politics.

Upendra Yadav could have expelled Bijay Gachhedar as he did, but then Gachhedar has had the option to walk away with 40% or more of the MJF MPs, as he did. A split came about, although it is not formal yet because both factions are still trying to say they are the original party. Gachhedar has not registered a new party yet.

Curiously now Madhav Nepal is toying with the idea of sacking Katuwal after all. He can do that. If all his coalition partners agree, Nepal can legitimately sack Katuwal.

So there is the law, and there is politics. That also leaves the possibility of Upendra Yadav doing the Hridayesh Tripathy thing and saying let bygones be bygones, he does not want to go into power himself, and making overtures to reunify the MJF.

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