Introduction

Do any rational beings remain quiescent when they get compelled to see the constitutional bodies performing the most unconstitutional and undemocratic pursuits? Certainly not. But we Nepalese people, unfortunately, have to be exceptional as all the state organs are displaying unlawful and unjust endeavours. In the name of constitution and democracy, these bodies are deliberately initiating undemocratic and unconstitutional steps making the constitution a wastepaper, tearing it into pieces and throwing it into the dustbin. We are helplessly watching the naked and dramatic dance of the autocratic rulers accompanied by the so-called constitutional bodies. As the spurious actions of the rulers and the supporting state organs have crossed the limitation, it is necessary to initiate a nationwide discussion for democratization/ institutionalization of the state bodies, including prime minister and president, in order to prevent the nation from the tag of a failure state demolishing the wrong culture of working for fulfilling the self-interest of the autocratic rulers and establishing good governance, justice, fairness, real democracy and human rights for humanity, human development, peace, progress and prosperity of the nation.

Let us see the real picture of the state bodies in Nepal.

Judiciary

Even though judiciary holds various tiers from local to national levels, Supreme Court is the ultimate place for analysis, practice and implementation of law in real sense. In Nepal, however, the court, mainly the supreme court, acts most unconstitutionally and unlawfully. The major source of justice is the most corrupt and unjust. It is because we have the trend and culture of appointing the justices and chief justice from the party cadres based on quota system. Moreover, the corrupt leaders/rulers prioritize the corrupt justices with the motive of protecting themselves and their corrupt activities. Therefore, the justices play the role of the shield for the corrupt rulers, businesspeople and the brokers. The buzz word today in Nepalese political society is “Setting”. It means everything is set according to the self-interest of the tyrannical rulers. The recent example is declaration of unity of NCP, from CPN (Maoist Center) and CPN (UML), as illegal by the supreme court. Do the political parties have no right to get unified? How can supreme court make political decision? Is it the puppet of the dictators? These questions are fresh in Nepalese human mind today.

Nepalese Judiciary always stands against the common people serving the interest of those who have access to state power. It spreads injustice sometimes by delaying (denying) justice and other times involving in the conspiracy of the dictators. Once in Royal Rule, Nepali Congress Leader Girija Prasad Koirala said, “Take this supreme court into Narayanhiti Royal Palace”. It indicates the court serves the interest of the autocrats. Same practice is still continuous as the court is suffering from the power-worshipping disease. As a result, court in Nepal does not provide justice to common people but to the corrupt tyrants. Therefore, it is necessary to democratize the judiciary for establishing justice in the society without being puppet of autocratic power.

Commission for Investigation of Abuse of Authority (CIAA)

CIAA is an institution to aware people about their abuse of authority, but ironically, it abuses its own authority through unfair investigation and moving through the signal of the autocratic rulers. The members of this institution are the appointees by the corrupt leaders among from the corrupt personalities. Therefore, they touch only the junior officers and politicians (small fishes) providing clean sheet to the senior officers and the high-ranked leaders (big fishes). We have heard that some of the chiefs of CIAA have gold-plated sofas and beds. Is it possible without corruption and protecting the corrupt? The question has answer within itself. Furthermore, CIAA has become the government’s weapon to startle and scare the opponent leaders. We can see the Cantonment file case, Lower House Speaker’s case, Baluwatar Land case, etc. as examples in which the rulers blackmail the other leaders using and controlling the state institution. Then, how can a nation be corruption free? It is unimaginable in the same culture. Therefore, if we want a corruption- free and just society, it is essential to democratize the CIAA and free it from the clutch of the dictators.

Election Commission

Periodic election is the most beautiful aspect of democracy. It is the election commission which holds the responsibility of successfully conducting the fair election on time. However, in Nepal, the institution is filled with the corrupt persons from political parties. They get appointment with the oath of conducting unfair election due to the setting of the tyrant rulers which is quite ironical. This commission only serves the interest of the power holders ignoring others and also forgetting constitutional limitation. The set decision by the dictatorial government gets flashed out through this commission. And, therefore, it is nothing more than the puppet of the rulers. We can see the recent case of our election commission. Firstly, it registered the Communist Party of Nepal (CPN) jointly made up of CPN (Maoist Center) and CPN (UML). Secondly, it registered CPN (Maoist Center) in the name of Gopal Kirati and CPN (UML) in the name of Sandhya Tiwari. Thirdly, after the decision of supreme court that NCP is illegal, it clapped the decision. It proves that our election commission is only a dummy of the powerful rulers. It has been completely nullified and made dysfunctional. Can we expect fair election from such unfair commission? The answer is surely not. Therefore, for promotion of real democracy through periodic and fair election, we need to democratize the election commission letting it function constitutionally without pressures from power holders.

Planning Commission

If you fail to plan, you plan to fail. This proverb gives us the meaning that unsuccessful plan ultimately leads to a failure. If we want to get success, we need to plan well. However, our planning commission plans not to get success but to reach a total failure. It is the most ironic and tragic aspect of Nepal. Though we have a practice of Five-Year Plan, due to lack of implementation of the plan and the plan itself being unrealistic, we are zero in development. Our planning commission is full of national and international agents who serve not our national interest but the interest of the foreign rulers. In addition, they make plans not to implement but to serve the political leaders, brokers and the capitalists. They never come to the real ground of Nepalese society. When the plans are made to continue the Rule of the autocrats, development and prosperity are beyond imagination. Even the most educated experts fail in our national commission because of lack of assimilation between the expertise and the objective reality of the nation. In the name of planning, the officers plan for serving the self-interest of the specific rulers which prevents the institution from working independently. Due to the burning problems that are engulfing our planning commission, it is obligatory to institutionalize and democratize it for real planning and implementation for progress and prosperity.

Public Service Commission

Ironically, in Nepal, public service commission serves not the public but the private or the power holders.  Again, the buzz word “setting” comes here. Setting in question-setting, examination, copy-checking, interview and result has hit the backbone of the public service commission. The questions get already flashed out to the favourites and the dear ones of the rulers and the senior officers as this institution is totally guided and controlled by the corrupt rulers and leaders. It has become a center for admitting party cadres. There exists no fair evaluation which prevents right person in right place. The most qualified, appropriate, necessary and the able get thrown out and the decayed and unqualified and disqualified are prioritized. The most tragic and ironic fact is that the disqualified and morally corrupt get opportunity in evaluation system. The moral unbiased experts get sidelined from the system. Then, isn’t it our great foolishness to expect right and fair evaluation from wrong persons and system? When the institutions are surrounded by the hound-like corrupt and disqualified persons, it is sure for the institutions to get collapsed with long-lasting effect upon the nation. Not only in Public Service Commission but in all the commissions, including TU Service Commission, intellectually bankrupt and morally corrupt so-called experts are bossing around promoting “gang rule”. As such corrupt culture has engulfed the commissions and it has crossed the border, it is important to democratize the commissions.

Prime Minister and President as Institutions

Prime minister and the president are the most constitutional institutions which protect and implement the constitution of the nation democratically or institutionally. These supreme institutions are responsible for all the state activities and practices. Their duty is to make people aware about rule of law, democracy, human rights and constitution keeping themselves within the limitation of constitution. However, at present in Nepal, both have crossed the limitation violating the law and constitution and performing the most dramatic, unconstitutional and undemocratic activities. For example, prime minister has dissolved the parliament twice within half a year and captured all the constitutional bodies paralyzing them in his own interest. Moreover, he has bypassed the party supremacy and its decision, discussion in parliament, justice from the court and role of the opponent. He has also made conspiracy to break the largest communist party and demolish the whole communist revolution from the nation, and thereby promoting autocracy, feudalism and kleptocracy. In the same way, the president has collapsed the honour of the president as an institution. Though she is the protector and also the follower the constitution, she has scrubbed the black spot on the institution being the conspirator and the leader of the camp of a party. Furthermore, she has proved herself to be the president of only a person remaining within the inner pocket forgetting the whole nation. Whatever she does, she does in favour of K. P. Oli, not as a prime minister but as an autocratic ruler. She blindly stamps on K P Oli’s decisions based on caprice, obsession and eccentricity. The result is the murder of the parliament twice and the unnecessary ordinances- citizenship, Chure exploitation, political Party Division, and so on. So, the protectors have become the destroyers. They think nothing more than the continuation of “Oli Rule”. Therefore, it is essential to democratize or institutionalize both prime minister and president as institutions.

Conclusion

To sum up, as the constitutional, statutory and other state bodies, encompassing prime minister and president, have crossed the limitation in performing the most unconstitutional, undemocratic, unlawful and unjust strives accompanying the most corrupt and autocratic rulers, it is already delayed democratizing or institutionalizing the state organs in order to first prevent the nation from getting collapsed and second to lead it to the path of progress and prosperity. The nexus between constitutional body heads and the government head as well as political leaders must be dismantled as the first step to prevent the constitution from getting raped by those who have promised to protect it and to move to justice, equality, humanity and national development. If we do not initiate this holy mission of democratization of the bodies of the nation, our beggary collapse through total failure of state mechanism is sure to come.