N. P. Upadhyaya; Kathmandu: In a landmark judgment, Nepal’s Apex Court , February 22, 2021, has said that that the dissolution of the Lower House was “unconstitutional”.
With this the reinstated Parliament will soon come into action. This is a great news.
The House dissolution was recommended by the sitting Prime Minister Oli and dissolved by a Presidential Order of Mrs. Bidya Devi Bhandari.
With the Supreme Court’s fresh ruling made on Monday, February 22, 2021, the uncertainty in Nepali politics prevailing since some time has come to an end.
But will it be so?
Let’s discuss.
If one were to believe and understand the inner meaning of what the Prime Minister’s Press advisor Mr. Surya Thapa said then one has to pull hairs as Mr. Thapa has not only claimed that the “SC verdict is debatable and that the Prime Minister is unlikely to step down in the near future”.
Whys is the “debatable” word being used by Mr. Thapa?
Should this mean that the court judgment will have negative impact politically?
Mr. Thapa’s statement is dangerous in that he summarily rejects the restoration result and dubs it as “debatable” and further hints that “the Prime Minister will continue with the current post meaning thereby that the PM will continue to add to the political instability in the country.
Thapa clearly hints that PM Oli will not resign even on “moral grounds”.
This is dangerous.
The Prime Minister and the President both have miserably failed with the Apex Court’s verdict in favor of the restoration of the dissolved house which perhaps should prompt the two constitutional personalities to step down from their respective posts at the earliest possible.
If they do so would mean a lot to the supremacy of the Constitution and the notion of constitutionalism.
Failing to do so would conversely mean that “they both” have some more cards under their sleeves which, if used, may further push the nation to political chaos and turmoil.
But what could be the remaining cards?
Is it the declaration of state of emergency?
The Court has done justice with its responsibility and has also proved that it is the Supreme Court that has only the right to interpret the Constitution.
Dr. Babu Ram Bhattarai who is currently in New Delhi has expressed his satisfaction over the Court’s verdict that has gone in favor of the restoration of the dissolved house.
While panic prevails in the Prime Minister’s camp then the camp led by Prachanda-Madhav duo is celebrating the court’s verdict.
However, political observers claim that with the fresh SC ruling, intense horse trading shall begin in order to form a new government, if and when PM Oli resigns.
Rumors are also in the air that PM Oli may opt for the imposition of an emergency in the nation thus capping the high hopes of those who have stood against PM Oli.
Most notable is the fact that Prime Minister Oli had got some hint of the house being restored by the Apex Court.
Perhaps it could have been this advance information which more or less encouraged PM Oli to speak rough and tough against the Judiciary wherein he almost complained that some sort of “setting” appears to have been done in favor of the restoration of the house by the court.
Is this decision then an act of setting as expressed by the sitting Prime Minister in Biratnagar last Saturday?
Let’s hope that whatever decision has come from the Apex Court, is a home grown judgment made by competent judges of Nepal.
It could just be a mere coincidence that within seconds of the Court’s judgment in Nepal, an Indian national who is also the Rajya Sabha Member, S Subramanian Swamy says through his Tweeter account that “with the restoration of the house, India-Nepal ties will improve”.
What is puzzling is Mr. Swamy’s admission wherein he says, “I was in constant touch” with the Nepali leaders on the issue of the dissolution of the house.
Has this some meaning?
Mr. Swamy is a high profile BJP leader and PM Modi listens to his suggestions.
Some high placed sources claim that on Sunday, February 21, the RAW Kathmandu station chief at the Everest Hotel, met with Madhav Nepal and Prachanda and had secret talks with the Nepali leaders.
What does this secret meet means?
Has it some connections with the house restoration?
Keep on guessing.
Now the ball is in PM Oli’s court. The ball also is in Madhav-Prachanda’s court.
How the competing communists play the political game in the days ahead will determine the fate of this “beleaguered” nation.
In addition, the apex court has also directed the government to summon the House well within thirteen days of the restoration.
The next order of the Court makes null and void all the appointments made by the government after the House dissolution.
This explains that the apex court has asserted its role. But will PM Oli resign? Lat’s wait for some time. That’s all.