The latest moves of the government indicate that it intends to rule the country with an iron fist. Lately, it has also started to undermine the autonomy and independence of provincial and local governments, which is likely to create hurdles in the process of institutionalising federalism. The opposition Nepali Congress has opposed these moves, but many say the opposition party is very weak and may not be able to bring about the changes it wants. Jagdishor Panday of The Himalayan Times spoke with Radheshyam Adhikari, a Nepali Congress lawmaker of the National Assembly, on these issues. Excerpts:

 

Prime Minister KP Sharma Oli recently said provincial and local governments are under the federal government. This implies that provincial and local governments are not independent. How do you see this statement?

The executive, legislative and judicial derive power from the constitution. In other words, no branch is above the constitution. This is called supremacy of the constitution. But Prime Minister KP Sharma Oli doesn’t want to accept this. The constitution has clearly defined the power of federal, provincial and local governments. Yes, some of the powers can be exercised concurrently by the federal, provincial and local governments and it is the responsibility of the federal government to enact laws to distribute powers. But this does not mean provincial and local governments should seek the federal government’s permission to do everything. In this context, the PM’s remarks have undermined the autonomy of provincial and local governments. He has made such comments in the House as well, which is unfortunate. Recently, our party registered an amendment in the National Assembly to ensure that provincial and local governments are not treated as subordinates of the federal government.

As you said, the PM is defining constitutional provisions in his own terms. What is Nepali Congress doing to make sure that he respects these provisions?

There are differences in the understanding of constitutional provisions among ruling and opposition parties. I have already raised this issue in the National Assembly. An accident may occur if we do not narrow down these differences. The constitution was written jointly by the ruling and opposition parties. So, we need to forge common understanding on this issue. I have also told the PM that there should be consensus on understanding the constitution. This, however, does not mean we want to share power with the ruling party. So, don’t take it otherwise.

Provinces and local governments have been complaining that many new bills registered by the central government in the Parliament have tried to curtail their power. How do you see this development?

The central government wants to control everything. The provisions of the Media Council Bill, for example, are similar to the ordinance introduced by then king Gyanendra Shah to control the press during his direct rule from 2005 to 2006. At that time, Tanka Dhakal was the information minister. The Media Council is actually the extended form of the Press Council. The Press Council was formed to facilitate the media and promote self-regulation in the media sector. Even the constitution has guaranteed complete press freedom. So the provisions in the Media Council Bill, such as jail terms, big penalties and fines for journalists, violate constitutional norms. The government has time and again tried to undermine the fundamental rights of citizens. Take a look at the Passport Bill which gives power to the government to refuse to issue passport to a Nepali citizen. Such power should be given to the court, not the government. Now the government also wants to curtail autonomy and independence of the National Human Rights Commission as the NHRC Act (Amendment) Bill has given power to the attorney general to override the NHRC’s recommendations. This is unacceptable.

Why is the government acting this way?

It wants to rule with severity. Look at how the Constitutional Council is functioning. The council headed by the prime minister comprises members from the ruling and opposition parties. The council was formed to ensure there consensus in appointment of officials of constitutional bodies. But these days, the council holds its meeting to fulfil the formality. These days, it has been taking decisions even when members of the opposition are not present in the meeting. If the ruling party wants to give continuity to this practice, it should stop calling meetings of the council and take those decisions through the Cabinet.

Many have now started calling the Parliament a shadow of the government. Is this true?

Last year, the House of Representatives and the National Assembly passed many bills without going through them properly because of compulsion to meet the constitutional deadline. But things have not changed since then. Currently, lawmakers are given only 72 hours, or three days, to recommend changes that need to be made to bills that are registered in the Parliament. Last Monday, the government registered five bills in the House of Representatives. Can lawmakers go through five bills in three days? That’s why I have proposed that lawmakers be given 120 hours, or five days, to recommend changes that need to be made to bills that are registered in Parliament. The opposition Nepali Congress has now formed a shadow government.

What will the shadow government do?

We are planning to hold a meeting soon to discuss this issue. We as an opposition force have not been able to work effectively. For example, our parliamentary office in Singha Durbar does not maintain a record of documents and bills prepared by the government. Of course, media provides information on activities of the government, but is that sufficient? I think we should create our own mechanism to keep record of government activities so that we can take decisions accordingly. This will help us make preparations ahead of the question-answer sessions in the Parliament. This will also help us scrutinise works of the government. Until now, party members were blaming party President, Sher Bahadur Deuba for not forming different committees. Now, the president has started forming the committees and has formed a shadow government too. The shadow government should play a crucial role in identifying weaknesses of the government so that people know the truth.

Lastly, the NC has asked the government to withdraw the Media Council Bill, but the government has said it will not retract the legislative document. How does the Nepali Congress intend to move forward?

We have already asked the government to withdraw the bill. After facing criticism from the media, civil society and political parties, the government has now said it is willing to amend some of its provisions. But the bill should be rewritten, as it is unacceptable in its current form.