Sticking on the Prime Minister's chair, KP Sharma Oli has been playing with the constitutional system like a child plays with its dolly. Previously, he untimely dissolved the House of Representatives on 5 Pouse, last year, presenting himself as a tyrrant, authoritarian dictator having will-power to meddle even with the constitution. Through his act, the political market was unnecessarily divided into two illogical factions: first faction involved those who were against the Oli's move, and the second his followers. The futile debate engaged almost all the political, intellectual and judicial group of people for over several months. The court after all decided in favour of the opposition's, dismissing the Oli's move and restoring the dissoved HoR.
Even after the court's verdict referring his act to be unconstitutional, Oli didn't consider it better to resign from the post, feeling guilty for the shameful action as a Prime Minister. Instead, he continued playing games with the supreme law of the nation, the nation's constitution, using different cunning techniques and tactics. Among many others, he misused his power by recently dissolving the HoR the second time using authority of the 76(5)'s Primer Minister's, but remaining in the status of Article 76(3) of the Constitution of Nepal, 2072.
As the Prime Minister of the nation, Mr. Oli was/is the key person for maintaining law and order, protecting the constitution, existing laws and legal system. The head of the government needs/needed to have at least the sense that the 'law' was not a subject to be messed. He needed to understand that the first and most important factor to make the society run smoothly is the 'Law'. The 'Law' always needs to have people's faith, otherwise, nothing can stop overall social functions from being guided to a cancerous socio-political fate. But, the people's expectation went in vain-- he couldn't play an effective and a balanced role as a Prime Minister. He infact missed the chance to be remembered in the history books as a genuine Prime Minister; he ensured his name to be written as a negative character from the national political perspective.
But, perhaps it may be a misfortune of the nation that 'destiny' seems to have selected Oli to add the nation to an even more disasterous future. Otherwise, he would not have understimated the fact that the current constitution was a product of long historical struggles, irrigated by blood and sweat of thousands of Nepalese people. The constitution, which had carried dreams of progress and prosperity of thousands of martyrs, hundreds of thousands of freedom and democracy fighters and millions hard-working Nepali people, wouldn't have been treated just as a scrap of paper by the executive head himself. Such criticisms, which are widely heard, not based on any fiction or any other hypothetical or propogandist viewpoint, these are but a crystal clear mental images of New Nepal's(?) Honourable Prime Minister Oli's efforts, observed while he was/is trying to cover the Prime Minister's chair removing his inner clothes.
Naturally, nothing can be perfect, so the constitution may also have a number of faults or drawbacks. However, it is the constitution until it is, if necessary, systematically replaced with another constitution. It is the 'Main Law' of the nation, and nobody can exceed its height in its lifetime. Neither the Prime Minister nor the President has any rights to ridicule the constitution, which holds the faith of people; which builds the foundation of nation building project. But, the bitter reality of this time is that twisting straightforward words and spreading illogical arguments has become a true business of Oli and his oppositions. Not only this, Mr. Oli has made all the others habituated in involving into illogical, absurd and never-ending debates, driving the nation towards an irreparable loss of almost all the main national aspects including national unity, sovereignty and national integrity.
Oli's latest acts like issuing ordinances of long-term national significance such as making provisions for exporting rock stones to India, the citizenship ordinance etc., do not in fact indicate towards his sincere attempts being made for building the nation. Getting the controversial citizenship ordinance issued, for making a tiny political contract with a less significant political party, by a caretaker government, avoiding the law-making parliament, further illustrates the real intention of Mr. Oli and his team.
Even more than that, his political and legal actions do not seem to be products of a patriotic citizen. Within days of his appointment as the Prime Minister of Article 76(3), he formally declares his inability to take the vote of confidence as per the provision of Article 76(4). But, when the president calls the members of parliament to go through the process of 76(5), Oli himself reaches first at the President's office hours latter than his declaration, carrying an application to get appointed again in the same post. He, who had failed from receiving the vote earlier, goes to claim for the same post within several hours. It hears like a pure joke. But it is reality as our honourable Prime Minister KP Sharma Oli has successfully enacted it. Sitting in the highly respected post as a real leader of the whole nation, what Prime Minister Oli did, and has been doing, can seldom be justified with pure logic.
Now, the House dissolving issue is under hearing in the constitutional bench of the Supreme Court. On behalf of the writ petitioners, senior advocates and advocates have been trying hard to justify their claims from different angles, presenting possible basis for showing the Oli's act unconstitutional. They have also demanded to designate Mr. Deuwa, who had claimed for the post as per 76(5) with majority supporters. After several weeks, lawyers of the opposition (on behalf of Oli) will go to defend, being ready with counter-arguments seeking to validate the Prime Minister's move.
Then the court will reach a decision, but only after a long and irritating course of actions and reactions between the 'parties'. After a lengthy period of uneven political as well as legal games, the illogically guided process will certainly end. However, there still remains a low chance of misinterpretation of the constitutional provision, as the constitution does not appear itself to the court to clarify, saying 'it' is 'that'. The constitution is just a printed document, which always gets people to handle it; drag it to the right track. It is just a symbolic guide, which speaks through words or language used in it. It works until it loses people's faiths and beliefs.
The court generally reaches to a conclusion depending on concrete evidences presented before it. When evidences go against the aspired constitutional provision, or if evidences aid to prove something other than the one intended by the people's 'constitution assembly', the constitution simply loses its instinct, pulling the faith of people on the whole system downward. Whether they express it properly or not, but the reality is that executive personnel, intellectual group of people and judicial variables should not be unaware of raising the issues, which may have adverse impact in the society.
If unnecessary issues like this one, on the basis of misinterpretation of clearly written words, phrases or syntaxes, are raised by the head of executive themselves, there will remain noway to stop anarchy in the country from being more matured. It happens because iIllogical arguments can often be drawn from any written document, including the established constitution and laws, one after another.
A person, guided by negativism, also propertionally mixed with revenge, can generate uncountable debates from written legal documents. This method becomes effective to degrade, and then gradually make socio-political system collapse. The reason behind this is if legal system and its variables become skeptical even to the clearly written legal language and run knowing/unknowingly after such worthless debates, especially generated to stir the whole political, social and legal aspects of the nation, even a person with highly positivistic attitude falls short of hope and patience for a better future of the country.
Except in literary works, written words are to be considered as the straightforward words. Noone can legally twist and turn such words to fulfill their opportunistic intentions by producing a 'hybrid' meaning. In the condition when the time comes to interpret 'white' again and again and again to justify it as 'black', logic dies and 'mad-logic' strongly prevails, dominating the honesty, truth, faith and trust. This circumstance consequently drives the nation to the status of a 'failure'.
Finally, Article 76 of the present constitution is so much scratched, meddled, messed and misinterpreted that people are heard everywhere these days say 'Law is the thing that can be mis/interpreted and mis/used as your will'. Such statements are provoked by none other than the Prime Minister himself. According to the provision of 76(3), Prime Minister Oli could not receive the required vote of confidence from the parliament--he confessed the fact himself. And, the process entered into the provision of 76(5). Then, Mr. Oli himself and Sher Bahadur Deuwa, the main opposition's leader, went to claim for being appointed as per the provision of 76(5). Deuwa's claim was still more reliable because he had gathered supports of 146 MPs with their signatures. But, getting the cabinet meeting to sit at the midnight, Prime Minister Oli recommended to dissolving the House.
Immediately after she received the recommendation, President Vidhya Devi Bhandari found both the claims to have been baseless; so she implemented the Oli's recommendation even without a moment's delay. Nepalese people and the international community witnessed those deeds very carefully at midnight. They turned on light, turned pages of the constitution and reached over the conclusion mentioned above.
Although political dramas are more interesting, (particularly in poorer countries like Nepal) than any other literary or fictional plays, it is enough now. We have reached beyond the limits in creating and enacting such deadly, destructive and explosive political episodes. Let's find a new way, new and suitable political system (like two-party system) and efficient new leadership to make a real 'New Nepal' with radical newness. Otherwise, the ongoing dark clouds in the political sky will inevitably rain in the form of hazardous national calamity.