Nepal’s Political SOAP

by Team FNVA
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The Pioneer
February 4, 2014

Parties quarrel over Government formation.

It is disappointing but not surprising that Nepal’s lawmakers have failed to form a consensus Government. Kathmandu’s political establishment is particularly fractured and certain parties have already indicated that they would not join the new regime. Importantly, this includes one member of Nepal’s Big Three — the United Communist Party of Nepal (Maoists) — which is also the third largest party in the Constituent Assembly. Nevertheless, an effort was made to include all political formations, as many believed that a consensus Government would be best placed to draft and deliver the much-delayed Constitution of Nepal. However, with the deadline for the formation of a coalition regime having expired on Sunday, the President has invited the Nepali Congress, which is the largest party in the new CA, to form a majority Government. This will be a challenge for the Nepali Congress as the party will have to hammer out a power-sharing agreement with the Communist Party of Nepal (United Marxist-Leninist), the CA’s second largest party. Already, differences between the two have emerged on this issue, and the Communists have hinted darkly that, if the Nepali Congress did not give them a fair deal, they would join the Maoists, the Madhesis and the others in the Opposition.

The Communists want re-election for all top positions within the CA, especially that of the President. They argue that the people have given a fresh mandate through the November 2013 poll and there is no reason for incumbents to continue in their positions. But the Nepali Congress — its own leader Ram Baran Yadav is currently President — disagrees. It has pointed out that according to the Supreme Court, a presidential election can only be held by amending the interim Constitution, which requires a two-thirds majority. However, according to the same apex court ruling, decisions regarding the resignation of the President and the Vice President lie within the jurisdiction of the CA.

Another thorny issue is the appointment of a Prime Minister. Nepali Congress’s Sushil Koirala is the only candidate as of now, but he has to be endorsed by a simple majority. Since the CA has 571 members, Mr Koirala will need at least 286 votes but his party has just 194. He has to bring on board the CPN-UML (with 173 votes). Let us not forget that in 2011, the CA went through 17 rounds of voting before it could appoint a Prime Minister. The Nepali Congress’s candidate could not get a majority as the Communists remained neutral. Now, that option has been removed and Legislators have to vote either for or against a candidate. But the arithmetic may get complicated if the Communists put up their own candidate. This will exacerbate existing tensions within the party, like it did within the Nepali Congress which went through intra-party polls to zero in on Mr Koirala. In the Communist party, senior leaders Jhala Nath Khanal, Madhav Kumar Nepal, KP Oli and Bamdev Gautam are already fighting among themselves for the top posts; the battle for prime ministerial candidature will only cause further delays. This is dangerous because, as Kathmandu’s core crumbles, the fringe elements will gain strength and seek to effectively torpedo the transitional process.

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