Decision of Supreme Court valid, frenzy of victory invalid

Responding to the political turmoil of nearly three months, the Supreme Court made an important decision to restore the parliament. With this, the country has entered another series of political upheaval.

The dissolution of the House of Representatives by Prime Minister KP Sharma Oli was unconstitutional. He had put forward political arguments to justify his move, which was not upheld by the court. The Supreme Court has ruled the decision on the basis of the constitution and the government has no choice but to accept and implement it. 

The prime minister took the controversial step of dissolving parliament after realizing that a no-confidence motion against him and an impeachment motion against the president were being prepared. No argument could justify his move.

After the dissolution of the Parliament, the opposition had tried to send a strong message that the ‘Prime Minister had arranged the setting with the court’. From the Chief Justice’s questions to the lawyers to the Chief of Army Staff’s meeting with the Chief Justice, it was tried to be publicized as part of the ‘setting’, which has finally been proven false. It is gratifying to see that the Supreme Court has not been overshadowed by the government.

The Prime Minister took the controversial step of dissolving parliament after realizing that a no-confidence motion against him and an impeachment motion against the president were being prepared. No argument could justify his move. Yes, the Prime Minister was receiving extreme non-cooperation from within the party. Not only the overthrowing of the government, but the failed attempt to also assassinate Oli from the post of party Chairman has been repeated many times. The infighting within the party has prevented the country from sensing any political stability. The government’s actions have been affected. However, despite all these reasons, the Prime Minister did not have a constitutional ground to dissolve the Parliament.

This move by the Prime Minister became, or seemed to be, a factor driving the ruling Communist Party of Nepal towards division. The dissolution of the parliament has made politics even more ridiculous than the split of the CPN. The partition has not yet received legal recognition. However, it has affected everything, from the provincial governments to the local level. Instability has been perceived everywhere.

Even though the Supreme Court’s decision is constitutionally correct, it cannot solve the current political complexities. The constitutional dispute has been resolved, but politics is in danger of becoming more chaotic in the days to come. With the CPN split and this parliament, there is concern that the parties will focus on snatching power again.

Now, what Prime Minister KP Oli does is the most important issue. Opposition has called for the PM to resign to maintain political ethics. In a speech just two days ago, Oli had hinted at a future strategy, saying “Even if the Supreme Court reverses the dissolution, our politics will not end.” This suggests that he is in a mood to face the future, rather than resign.

Therefore, it is in the interest of the country for the two sides of the CPN to explore the possibility of reuniting. If reunification of the party is not possible, immediate cooperation can also reduce the damage done.

The Supreme Court has fixed the day for the parliamentary session, which has to be carried out. If the Prime Minister does not resign before then, he will face a no-confidence motion in parliament. And, whether the government collapses or not depends on the mathematics of the parliament. At that time, the parliament will again be in a tug of war. There is real danger of distortions from the past being repeated. 

Let both sides of the CPN think in a way that prevents this distortion. People do not believe that Prachanda or Madhav replacing Oli will benefit the country. Now, whoever becomes the new Prime Minister will hardly run the government for two years. Once the Prime Minister is replaced, all organs of the state will become unstable. The game of removing and retaining from the President to the Ambassadors and from the Province Chief to the Chief Minister will begin. One year of the current government may pass in this process. Then, it will be time to start preparing for the next election. So when will development take place?

There is no point in creating a whirlwind of pressure that the Prime Minister should resign today, right now, as soon as the verdict comes. It is a matter of personal choice for the Prime Minister to resign or face the reinstated parliament.

Therefore, it is in the interest of the country for the two sides of the CPN to explore the possibility of reuniting. If reunification of the party is not possible, immediate cooperation can also reduce the damage done. For this, both sides should give up their stubbornness and make a sacrifice. The kind of frenzy that one side is now showing from the streets to social media regarding the decision of the Supreme Court based on the constitution is not digestible for these people. Taking a simple judicial process in the form of a ‘victory’ will not develop political harmony.

There is no point in creating a whirlwind of pressure that the Prime Minister should resign today, right now, as soon as the verdict comes. It is a matter of personal choice for the Prime Minister to resign or face the reinstated parliament.

Let the decision of the Supreme Court be taken by both the parties of the CPN as a departure point to bring the politics of the country on track through mutual reconciliation rather than as a victory or defeat.