http://www.nepalnews.com/contents/2008/englishweekly/spotlight/jan/jan04/coverstory.php
"After the amendment of interim constitution, the country has now two systems. There is republic in Singhdurbar (Prime minister's secretariat) and constitutional monarchy in Narayanhiti Durbar ( Royal Palace )," said Rabindranath Sharma, leader of RPP-Nepal, a monarchist party.
Although the parliament amended the interim constitution for the third time with an aim to establish republic and abolish monarchy, in real terms, the interim parliament has suspended the republic till the election of CA and gave continuity to the monarchy.
The article 159 (1) declares Nepal as a federal, democratic republic but its next clause places condition that the declaration will be subject to approval of the first meeting of constituent assembly.
For foreigners, these are words which are enough to confuse the status of Nepal . Article 159 (1) declares that Nepal is a federal, democratic and republic state. The 159 (2) says that the declaration of Republic will be subject to the approval of the first meeting of Constituent Assembly.
Despite declaration of republic, the constitution also gives continuity to the monarchy. The Article 159 (2) further states that if King makes efforts to disturb CA elections, the two third majority of interim parliament can pass a proposal declaring Nepal as a republic.
However, leaders of ruling party alliance found no time to proclaim themselves as republicans. From speaker of the Legislative Parliament to home minister Krishna Prasad Sitaula and from prime minister Girija Prasad Koirala to CPN-UML general secretary Madhav Kumar Nepal and Maoist leaders Pushpa Kamal Dahal and Dr. Baburam Bhattarai, all hailed the beginning of new republican era.
"After passing the constitution amendment bill by overwhelming majority, the country has moved towards republican. The parliamentary voting showed that there is no opposition voice in the country against republic," thundered speaker of nominated parliament Subas Nemwang.
Though it appears that after the declaration of parliament, a sword is hanging over the institution of monarchy, there are yet many safeguards. The article 159 (2) is a safeguard to the monarchy till the CA. As overwhelming number of Nepalese people are yet to express their voices through ballot, the debate of republic is still there.
"The interim legislature endorsed the popular mandate of people by declaring Nepal as a republic," said Home Minister Krishna Prasad Sitaula. "Nobody can reverse Nepal into monarchical state now."
Whatever home minister Sitaula or speaker Nembang - both of them are lawyers – claim, neither has Nepal become republic now nor has monarchy been abolished under the new amendment.
Since the members of interim parliament have never claimed that they are representative of sovereign people, it is against the sovereign people who have to ultimately decide on this issue.
"In fact, no political party has republic in priority, what they needed is a sharing in the power. There are two ways to go to power: either through the popular elections or through powerful push up. For a popular election, republic cannot be a catchy slogan as the vast majority of population has an attachment with the traditional way of living and thus respect for traditional institutions," said a political analyst. "When the parliament was functioning smoothly, there were three consecutive elections in which none of these seven parties had republican manifesto. The demand for republic is coming from far away from the country with its base in New Delhi now."
After signing the twelve point agreements between seven parties and Maoists in New Delhi in November 2005, the demands for republic appeared as an agenda of political parties. According to media reports, since then Seven Party Alliance and Maoist have signed several other agreements under influence and persuasion of Nepal 's southern neighbor.
Even for the last declaration of the parliament, for past-dated republican order, there is some sort of influence from Nepal 's southern neighbor. According to a reporting of popular Nepal Weekly (December 30), chief of India's Intelligence Agency RAW Ashok Chaturvedi had visited Nepal and pursued prominent Nepalese politicians including prime minister, Maoist leaders Dr. Baburram and Pushpa Kamal Dahal aka Prachanda and CPN-UML leaders to sign the 23 points new agreement.
"These events prove that the trend for monarchy is set not by the popular aspiration of the people but by the tactical maneuvering of the external agencies of neighboring country. Politicians could have been pressurized to accept to do away with the institution of monarchy even by this non-elected parliament. But time tested institution of monarchy has its utility yet not only for the politicians and people but to any country having serious stakes in Nepal ," said the analyst. "Leaders of political parties in Nepal are going through two contradictory allegiances: internal – the people and external – a security conscious neighbor".
According to the political analyst, apart from others, India and China , Nepal 's two neighbors, both need peace and stability in this country and the institution of monarchy is one of the historically proven factor of stability. Thus, politicians have served two opposite interests by one resolution. The leaders of the seven parties are clever enough to serve their people's wish on the one hand and please their external patron on the other. "They are yet maintaining access to go to the people through the continuity of traditional institution and at the same time they have served their external political patrons by putting the King into torture chamber," said the analyst.
Despite issuing three line whips by major parties, many MPs were absent in voting. According to speaker Nembang, out of 330, two hundred and seventy lawmakers voted in favor of the amendment bill and three had voted against it while the rest stayed away.
The government had tabled Nepal Interim Constitution (3 rd amendment) Bill 2007 in the parliament on December 24 seeking to overcome constitutional hurdles to declare Nepal as a federal democratic republic and hold elections to the 601-member CA by mid-April 2008.
As per the Article 159, the interim constitution retains monarchy unless there is proved misconduct by the King. It accepts the fact that the King is there. "If there is a king how can one say Nepal is a republic. Until the elections and convening of the first meeting of Constituent Assembly, the King's position is secured and protected by the constitution. Therefore, any declaration pertaining to republican state had to be postponed till that period," said an eminent constitutional lawyer and former attorney general.
As the Article 159 has made clear that unless the fate of monarchy is decided by the first meeting of CA, the declaration of Nepal as a federal republic cannot be executed. It may arouse the curiosity among the readers about the headlines that Nepal has suspended republic but anybody who has gone through seriously between the lines of the declaration of the parliament may reach to the same conclusion that the republic is like a past dated check issued in the name of bank. This amendment has suspended republic but not the monarchy.
Before Amendment
Article 159 - King related Arrangements
(1) King has no power to exercise in country's administration.
(2) Prime minister is responsible to exercise all the authority and power of state
(3) Whatever is written regarding the future of monarchy in this constitution, the first meeting of Constituent Assembly will decide the fate of monarchy by simple majority
After Third Amendment
Article 159 Head of State related arrangements
(1)Nepal is a federal, democratic republic
(2)The republic will be executed by the first meeting of Constituent Assembly but the interim parliament can declare Nepal as a republic even before the CA by two third of majority if it found that King has made effort to obstruct the CA poll.
(3)The King has no authority in country's administration
(3b) Prime minister will act as a head of the state till execution of republic
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