Nepal in the making of a Failed state

 

Wiki defines Failed State as “A failed state is a state perceived as having failed at some of the basic conditions and responsibilities of a sovereign government. There is no general consensus on the definition of a failed state.”

According to NY times, “Since the civil war ended, after the loss of more than 16,000 lives, a stalemate has ensued as each party caters to caste, class and ethnic divisions instead of national unity. Many politicians are maneuvering to get their hands on money from foreign aid, tourism and hydropower; even the Maoists have become crony capitalists, reaping large profits for themselves and their ostensibly proletarian party. Meanwhile, the bureaucracy, army and police — historically dominated by privileged social groups that never held them accountable — are becoming even more politicized and corrupt.”

After making the Chief Justice (CJ) Khil Raj Regmi the Prime Minister (PM) of Nepal, the country has automatically landed into situation of uncertainty and anarchy.  

The appointment of the current CJ as PM is unconstitutional under following reasons 

1. No working class civil servant can occupy two posts.  

2. According to the criteria of the Chief justice he or she cannot be involved in two jobs

 According to the interim Constitution 2007 state under section  106.  Chief Justice and Judge not to be engaged in any other assignment :

(1) No Chief Justice or Judge of the Supreme Court shall be engaged in or deputed to any assignment other than that of Judge.

Provided that the Government of Nepal may, in consultation with the Judicial Council, depute the Chief Justice or any Judge of the Supreme Court to work concerning judicial inquiry, or to legal or judicial investigation or research, or to any other work of national concern, for a specified period.

(2) No person who has once held the office of Chief Justice or a Judge of the Supreme Court shall be eligible for appointment to any government office other than the office as referred to in Sub-clause (a) of Clause (1) of Article 131 nor shall such person be entitled to practice law before any office or court.

Like such, involving the ex-sectaries as government ministers by the CJ is yet another mistake that cannot be undermined.  By signing the 11 points agreement the 4 political parties have landed the multi-party political system of Nepal into political vacuum of no revival……..

1. There is a no probability of the election happening as only four parties made the agreement of appointing the CJ . How can there be an election or  fair election without the participation of all parties?

2. The 11 points agreement secures the position of the CJ stating that the proposed head of the government will resume his function as chief justice after he accomplishes the task of holding the CA elections, which is described as the main responsibility of the election government. Regarding the dissolution or time frame of elected government has been lapsed stating the election will end the term period of CJ after the election which is too vague.

Time and again the president of Nepal, endorsing the idea to find a solution for the political crisis failed when   Nepal’s political leaders failed to provide one common candidate for the post of prime minister. They kept the steady fight of opposing one other showcasing an image of bad politics and bad political culture. Nepal’s Political leaders are FAILED and the Political situation is UNCERTAIN which can result in hard consequences. This is the example of a FAILED STATE in making that lacks to recognize its constitution and  peoples aspiration. The values of the pro democratic movement have been lost in the practice of power politics and corruption. The leadership and vision of political parties have just been limited within the scope of position and government. They failed to understand the pros and cons of Nepal’s economic development as well as bilateral relationship.  With high influences and interference of  foreign ambassadors  and delegates in various high profile political meetings customizes the sovereignty of the country.

In case of  election, the political leaders will need to put stability and justice ahead of power and profit, which is impossible to imagine. The past practice of  cultural  impunity and social degradation has uprooted so much that it would be hard for the new government to tackle the problem which can neither  be curbed by the new constitution nor the leaders ………

Nepal’s Politics has suffered the consequences of Bad political culture where there is no trust in between political leaders and political parties. The values of  Democracy and democratic system is lost in the long term practice of freedom and secularism. Reality of Today is Anything can happen in the politics of Nepal where legality is just a phrase that can be erased or manipulated ……….

Now its not upon the people to take the decision whether they want to suffer the consequences of bad politics or create a new system that is more prune to irregularities ……………………….