Less than two months after he swept to power, in what was heralded as a Generation Z movement against established politicians in Nepal, the promise and hope held out by the Balendra Shah government is losing its sheen. Shah’s determined silence in the face of criticism, even as his government takes recourse to a spree of ordinances, after delaying a Parliament Session, have drawn much flak.
In the latest setback to the Shah government, the Nepal Supreme Court stayed its decision to dissolve trade unions and student organisations in universities, one of the measures pushed through an ordinance. Earlier, the court restrained the Shah government from evicting landless squatters and informal settlers without due process and rehabilitation.
This week, the PM, a rapper-turned-politician, found himself in another controversy when he turned up for the Parliament Session that began on May 11 – the first since his government came to power– wearing white canvas shoes, seen as too informal. He proceeded to exit abruptly in the middle of the speech by the President on his government’s programmes and policies, and on Wednesday, skipped Parliament without notice, leading to Opposition protests and adjournment.
Of all the moves, the ordinances issued by the Shah government have attracted the most criticism from supporters, who see these as betraying the reform agenda on which he was voted to power.
While Shah’s Rastriya Swatantra Party (RSP) enjoys absolute majority in the 275-member Pratinidhi Sabha or the Lower House of Nepal, having secured 181 seats in the March elections, it does not have a single member in the National Assembly or Upper House, which plays a key role in the passage of legislation, including amendments.
Last month, just before the Session of the Lower House was to start on April 30, the government sought its postponement to May 11. The 12-day period was used by it to push through eight ordinances.
The most controversial was the one involving the Constitutional Council, the body responsible for recommending names for Supreme Court Chief Justice and judges, members and chiefs of 13 constitutional bodies, and ambassadors, to parliament committees for their approval.
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The ordinance sought to alter the council’s power and scope by giving the veto power to the PM, the ex-officio chairman of the council. In the case of a tie over a choice, the ordinance said, the PM’s view would prevail; even if he was in the minority on a name, he could overrule the majority.
Two members of the council — Narayan Dahal, Chairman of the Upper House, and Bhismaraj Angdambe – wrote dissenting notes, demanding that the past practice of nominating the seniormost judge as the Chief Justice be honoured.
President Ram Chandra Poudel tried to stall the ordinance, sending it back to the Shah government for reconsideration. However, after the government returned it without changes, Poudel approved the ordinance.
Soon after, the Constitution council recommended Dr Manoj Sharma as Chief Justice, superseding three seniors, including Acting Chief Justice Sapana Malla Pradhan – in a rare instance of ignoring seniority in judicial appointments in Nepal. Sharma’s appointment is now awaiting confirmation by the parliament committee.
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Among those who have criticised the move is Sushila Karki, the former Chief Justice who served as interim PM during the transition of power and the elections that led to Shah becoming PM. “Balen will have to pay the price for this act, which amounts to insulting 15 million women in the country,” Karki said, referring to the fact that Pradhan who was superseded could have become the second woman Chief Justice of Nepal after her.
Via another ordinance the services of around 1,600 people in constitutional bodies, state boards and corporations, hospitals and educational institutions, which were seen as political appointments, were cancelled. The government said this was done to “depoliticize” the administration and institutions.
The ordinance which has now been stayed by the Supreme Court proposed a ban on a dozen unions, including those comprising government officials, hospital employees and students in colleges and universities, again with the purported aim of “depoliticization”.
Sources said the Shah government is now considering a way around the Upper House problem by preponing local body and provincial polls by a year. Their winners constitute the electoral college for the Upper House, which sees biennial elections when one-third of the members retire.
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Another of Shah government’s actions which drew criticism were the demolition drives in six places in the Kathmandu Valley along the banks of the Bagmati river and its tributaries. The matter blew up after reports of suicide by two of those left landless.
Shah, whose silence on the issue was questioned by not just those whose houses were razed but also Opposition and human rights groups, spoke up only after this. His office issued a statement saying: “The issue of the landless and their management will be decided by the local bodies, and the Centre’s role would be to assist them.”
Later, Shah put out a statement on social media saying the government is determined to rehabilitate “genuine” landless people but that the current drive was necessitated by the “fake” landless encroaching upon government land.
His government’s actions against two top businessmen of the country, including a former chief of the Chamber of Commerce and Industries, Shekhar Golchha, in the name of checking alleged irregularities and corruption under the previous governments, have also drawn heat.
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The two businessmen were in custody for four days before the court came to their rescue, ruling that their continued detention was not necessary to carry on the investigation.
With the action threatening to cast a shadow over its outreach to domestic and foreign investors, the Shah government has gone on a damage control exercise since. Frequent meetings are taking place between the business community and Finance Minister Swarnin Wagle.
On the diplomatic front too, the fledgling government led by Shah has been found out of its depth. On April 8, Shah met Ambassadors and Heads of Missions of 17 countries, assuring them that Nepal was keen for bilateral and multilateral tries. But not long after, China and India announced the opening of the road through Lipulek to Kailash Mansarovar, overruling Nepal’s territorial claim over the area. Kathmandu sent a diplomatic note to both protesting against the move.
More recently, in an avoidable controversy, India’s Foreign Secretary Vivek Misri postponed his May 11 visit to Kathmandu, during which he was to extend an invitation to Delhi on behalf of Prime Minister Narendra Modi.
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Shah’s strict resolve not to do any foreign tours at least for a year, and to meet visiting dignitaries only of the stature of ministers and above, were seen as behind this. Shah’s ministers among others are believed to have urged him to be more pragmatic when it came to tricky diplomatic territory, but he hasn’t taken heed so far.
China has also been uneasy over what is seen as growing US influence in Nepal. Nepal has agreed to accelerate execution of projects for energy generation, transmission and roads under a $550 million ‘Millennium Challenge’ programme of the US.
Sources said Nepal is trying to mend fences with China now, and has reassured Beijing of progress in several bilateral mechanisms, including the Belt and Road Initiative that Beijing wants Kathmandu to join.
