April 22, 2006
My greetings to you and all of us in Nepal on the occasion of "Rhododendron Revolution".
I am also one of those that believe that what the king did was "too little, too late." I am not satisfied at all.
However, on deeper contemplation and analysis I have arrived at following conclusion which I hope you will peruse and contemplate too.
The demands of this "revolution" are:
1) Interim government2) Reinstatement of Parliament3) Constituent Assembly.
Based on the kings address of yesterday, I now firmly believe that all three are now on the table and available.
The new cabinet to be formed, in the absence of an elected parliament, will be the Interim Government - parallel to what we had in 1990 - with full authority under Article 35 of the Constitution of 1990, in accordance with public commitment made by the king yesterday.
Armed with executive authority, the new cabinet can re-instate parliament. What remains to be done is just a recommendation of the cabinet, with executive authority, to the "constitutional king" who will have no choice but to approve it under the current constitution (article 35). People have asked why didn't the king himself do that and same question did come to my mind, too. But the answer is: once the king has renounced executive authority he does not have necessary authority to reinstate the parliament. Besides, if he were to try to reinstate the parliament before, it will still be under Article 127 and it will not be right. On the other hand the new cabinet can reinstate the parliament under Article 35 and that will represent popular support who are the sovereign of Nepal as enshrined in Article 3 of 1990 constitution which has been reasserted by the king yesterday.
The reinstated parliament can even forge ahead towards constituent assembly if the parliament is so to decide. Here too, coming from the parliament, the call for constituent assembly will be a lot more legitimate than if the king was to do so, again under Article 127.
Therefore it is high time the street mayhem be brought to a close before things go out of hand! Subsequent to yesterday's speech, security forces will be a bewildered lot and may not be too sure as to what is the right thing to do. In such a situation unwanted elements may take undue advantage and things can even lead to anarchy.
I beseech you to circulate this email to all you know.
With best regards,
Ratna Sansar Shrestha