Invocation of article 158

September 8, 2012

To: Dr Surya Dhungel
Cc: Rajendra Dahal; Hari Sharma; Lalit Basnet; 'Mohan Lohani'

Surya jee

I trust you are back home now. You must have been rejuvenated by having spent quality time with your grandchild. It happens so with me too. I become more committed and dedicated to work for the generations to come and for our motherland after I each time I spend some quality time with them (yes I have two of them).

I too had a “rocking” time in Dhaka – shocking people from Bangladesh, China, India, etc. out of their slumber with respect to water resources.

I came across news in the media that the care taker government is planning to have the president invoke Article 158 “to remove difficulty.” A cursory look at it is elusive such that people may feel that it is a good way to break the extant deadlock. However, there are a number of issues that needs to forewarned about.

Firstly, the right to recommend to the president to invoke the captioned provision lies with a government with executive authority. BRB and his cronies no more possess executive authority; this is merely a care taker government and, therefore, this government has no authority to invoke it.

However, secondly, people may mistakenly believe that even care taker government has to get work done; therefore, invocation of Article 158 is called for. What needs to be remembered is the fact that an order issued under this provision has to be ratified within one month by the parliament and there is no prospect of a parliament coming into existence within 1 month and, therefore, the order issued as such will be unconstitutional ab inito.

In this backdrop, the care taker government should not be afforded a luxury of invocating this provision. What needs to be done is having them make way for a transition government with executive authority which will chart out the way forward and steer the country accordingly towards: (1) finalizing outstanding issues like federalism based on ethnic identity by conducting a referendum, (2) election of both parliament and local bodies and (3) eventually getting new constitution proclaimed by the popularly elected parliament (substantial quantum of work for which has already been done by the CA whose term expired without being able to complete the work.

With best regards,

Sincerely,

Ratna Sansar Shrestha, FCA
Senior Water Resource Analyst
www.RatnaSansar.com

RE: [NNSD] IGP Selection

11 Sep 2012

Arun Dhoj Adhikari through NNSD

Arunjee


There is an oft-quoted saying that the people get the leadership they deserve. Is this the kind of leadership the people of Nepal deserve? Main manifestations of the leadership so far in modern Nepal are greed, nepotism, incompetence, indifference towards the people; with rare exceptions. They can stoop so low that, they will sell anything to the highest bidder. Now the post of IGP is on the bidding block and we, the sovereign people of Nepal are unable to stop it for lack of a control mechanism. CIAA, some time back, worked as a deterrent. Now they have succeeded to render it ineffectual.

The likes of you and I (and a substantial number of members of NNSD), of course, don’t agree that we have done anything to deserve this kind of leadership. But we have had this kind of leadership and looks like there is nothing for us to do. The likes of you and me, again of course, have been doing our level best, but we, unfortunately, are in minority. Majority, with not much education are indifferent for various reasons. Some too busy to bother with such “niceties” as they are too preoccupied earning a livelihood, in Nepal or abroad. Others, even highly educated ones are indifferent towards the plight, or are even “making hay while sun shines”.

The solution, of course, lies in raising the voices in concert which the likes of us are already doing and NNSD has been instrumental in it by providing a forum. The only thing, an important one, is to continue to do so which at times aren’t effective. But we don’t have right to despair and give up. I just hope more and more members of NNSD too will speak up, not only in this forum but in every available ones.

May truth prevail eventually (if we continue relentlessly)!


With best regards,


Sincerely,



Ratna Sansar Shrestha, FCA
Senior Water Resource Analyst
www.RatnaSansar.com



From: NNSD@yahoogroups.com [mailto:NNSD@yahoogroups.com] On Behalf Of Arun Adhikary
Sent: Monday, September 10, 2012 18:57
To: NNSD NNSD
Subject: [NNSD] IGP Selection


Where on earth are positions like those of IGP and Director Generals of infrastructure departments sold off to the highest bidder? It is rumored that the IGP post is carrying a bid value of 20 crores. If that is indeed the case and the civil society choses to remain silent over such a sensitive issue, do we then reserve the right to expect the police force to be professional, upright and duty-bound. Let the best candidate prevail.

regards

arun dhoj adhikary

RE: Invocation of article 158

September 10, 2012

To: Dr Prof. Mohan Lohani
Cc: Surya Dhungel; Rajendra Dahal; Hari Sharma; Lalit Basnet
Dear Prof Lohani

I am pursuing the matter unrelentingly as I have only one motherland and I would like to leave my motherland intact to the future generations as my ancestors left me. Therefore, I think it is my duty to do everything possible to achieve this objective. Left it to our political leaders, I am apprehensive that they wouldn’t even mind emulating Lendup Dorje (there are exceptions, though).

I am starting to wonder about the “competence” of the people in president’s office because even an order has yet to be issued under Article 38(1) of the constitution. What is stopping them from doing so? It has already been more than 3 months! By failing to issue this order they are playing into the hands of the BRB and his cronies.

People are now talking about possibility of state capture by UCPNM. What they fail to appreciate is the fact that the state capture has already happened. BRB and his cronies are running the executive unconstitutionally and doing their best to perpetuate it and endeavoring to rule by ordinance. People’s opposition to it conveyed to the president has put paid to the intention of BRB and their cronies and BRB is going about “weeping” that he is not allowed to work. He forgets that he simply doesn’t belong where he is and if he is a true son of our motherland should pave path for a government with executive authority.

BRB and his cronies have even been going around claiming that they were elected by CA. But even that has become farce as UCPNM has already split and care taker government doesn’t enjoy confidence of majority of even dissolved CA.


With best regards,


Sincerely,


Ratna Sansar Shrestha, FCA
Senior Water Resource Analyst
www.RatnaSansar.com
From: Mohan Lohani [mailto:m_p_lohani@yahoo.com]
Sent: Sunday, September 9, 2012 6:58
To: Ratna Sansar Shrestha
Cc: dhungel_sps@yahoo.com; dahal61@gmail.com; juhang@gmail.com; lalit_gulmi@yahoo.com
Subject: Re: Invocation of article 158

Dear Ratna Sansarji,

I appreciate your unremitting commitment to nationality and national interest.Now, about the authority of the caretaker govt. if this govt has no 'executive authority' to invole Article 158, it is high time for the President to do something for the sake of the people and in the larger interest.Hope the President's advisors are fully aware of the gravity of the situation and will advise the President to act in the larger interest.

Regds,

Mohan Lohani

Invocation of article 158

September 8, 2012

To Dr Surya Dhungel

Cc: Rajendra Dahal; Hari Sharma; Lalit Basnet; Mohan Lohani

Surya jee

I trust you are back home now. You must have been rejuvenated by having spent quality time with your grandchild. It happens so with me too. I become more committed and dedicated to work for the generations to come and for our motherland after I each time I spend some quality time with them (yes I have two of them).

I too had a “rocking” time in Dhaka – shocking people from Bangladesh, China, India, etc. out of their slumber with respect to water resources.

I came across news in the media that the care taker government is planning to have the president invoke Article 158 “to remove difficulty.” A cursory look at it is elusive such that people may feel that it is a good way to break the extant deadlock. However, there are a number of issues that needs to forewarned about.

Firstly, the right to recommend to the president to invoke the captioned provision lies with a government with executive authority. BRB and his cronies no more possess executive authority; this is merely a care taker government and, therefore, this government has no authority to invoke it.

However, secondly, people may mistakenly believe that even care taker government has to get work done; therefore, invocation of Article 158 is called for. What needs to be remembered is the fact that an order issued under this provision has to be ratified within one month by the parliament and there is no prospect of a parliament coming into existence within 1 month and, therefore, the order issued as such will be unconstitutional ab inito.

In this backdrop, the care taker government should not be afforded a luxury of invocating this provision. What needs to be done is having them make way for a transition government with executive authority which will chart out the way forward and steer the country accordingly towards: (1) finalizing outstanding issues like federalism based on ethnic identity by conducting a referendum, (2) election of both parliament and local bodies and (3) eventually getting new constitution proclaimed by the popularly elected parliament (substantial quantum of work for which has already been done by the CA whose term expired without being able to complete the work.

With best regards,

Sincerely,

Ratna Sansar Shrestha, FCA
Senior Water Resource Analyst
www.RatnaSansar.com

MANAGEMENT OF THE GANGES RIVER BASIN: THE ROLE OF NEPAL

Abstract

Nepal and Bangladesh, with the per capita water availability of 9,122 m3 and 8,809 m3 respectively, are deemed richer, compared to the neighbors (2,961 m3 in Pakistan, 2,642 m3 in Sri Lanka, 2,259 m3 in China and 1,880 m3 in India). However, tragicomic situation of “water, water everywhere but not a drop to drink” exists. This is mainly due to, specifically in the case of Nepal, flood during 4 months and drought in 8 months. While the water table is declining at a rate of one foot per year averaged over the Indian states of Rajasthan, Punjab and Haryana, including the national capital territory of Delhi, more than 438,000 square kilometers. Bangladesh, on the other hand is ravaged by flood regularly.

It has been estimated that approximately 70% of dry season flow and 40% of annual flow of the Ganga River comes through Nepal; the terrain and topography of which affords opportunity to add temporal and spatial value in terms of flood control and provide augmented/regulated flow during dry season for irrigation; generating high value electricity (peak-in power) cost effectively as a byproduct. For the purpose, reservoir projects will have to be built in Nepal’s mid-hills. For which regional cooperation, amongst Ganga basin countries, focusing on proper apportionment of both positive externalities and negative externalities is sine qua non.

Abstract of my presentation in Dhaka on the auspices of Bangladesh Institute of International and Strategic Studies made in August 2012.

Regional Conference on “Common Water Management: The Case of the Ganges- Brahmaputra-Meghna (GBM) River Basin”

Tossed a bombshell amongst the participants who wanted to have a number of reservoir projects built in Nepal to augment flow beyond Farakka barrage and control flood. They were “shocked” to learn from me that those enjoying positive externalities like augmented flow and flood control will have to recompense Nepal for bearing negative externalities like inundation/submergence and involuntary displacement as well as restriction on consumptive use in the upstream areas (including even China) if they expect such projects to be built in Nepal. The conference was organized by Bangladesh Institute of International and Strategic Studies, Dhaka.

RE: Please extend gratitude to president

September 3, 2012

Dr Surya Dhungel

Surya jee

Good to hear from you. Hope you will have some quality time with your first grandson. Also congratulations to you and your wife and the proud parents.

I fully agree with you regarding “ordinance tactics”. But the tactics and the prolonged stay of care taker government harms our motherland, howsoever the shorter the duration of the stay is. Therefore, firm action is called for to “evict” the squatter care taker government.

You seem to bank too much hope in the political parties. The country is in such a mess because of these very political parties. Therefore, I am not hopeful of them getting their act together any time soon. In a couple of weeks’ time, BRB and his cronies will be “forced” to send another budget ordinance as the current one is about to run out and the president will be sort of given an ultimatum saying that the country will be paralyzed. I am apprehensive that at that time the president will be impelled to “meekly” (begging pardon for the choice of word) promulgate it. In this manner the care taker government will get another lease of life.

At the moment, the president is the only legitimate institution in this country and it is incumbent upon him to rid the country from the situation of “lack of governance”. Otherwise, the president will be failing to “protect and abide” by the constitution, as stipulated in Article 36A (2) of the constitution as the care taker government is doing many things in contravention of the constitution. I can see a parallel of the current situation and ouster of Katwal 3 years ago. Under the constitution the president doesn’t have right to appoint a commander-in-chief. But he used the power to “right the wrong” (manifest in removal of Katwal in contravention of constitution) by reinstating Katwal. Had Prachanda followed the due process (recommending to the president to remove Katwal from office) the president would not have had much choice but to oblige the government with executive authority. Therefore, the situation is almost similar, except for the fact that this government doesn’t have executive authority and the magnitude of what BRB and his cronies are doing is a lot higher than the removal of government servant (Katwal was one). The difference is like between an earthquake of 1 Richter scale vs. 8 Richter scale.

Therefore, I hope the president will wake up (with due respect him and hoping that he wouldn’t take the word personally) soon and cease to depend on the political parties (for example NC is busy exonerating Khum B Khadka, already in jail and UML is busy to ensure that the likes of Ashok Rai doesn’t desert the party) and call for the formation of consensus government under article 38(1) of the constitution (I am unable to fathom why he is hesitating to do so even after more than 3 months of BRB becoming care taker PM). Failing which he should simply form a transition government comprising non-political people with clean record and cleaner conscience. This government will consult the political parties with regards to the way forward. In my considered opinion the way forward is to build upon the work already performed by CA. This government should, simultaneously, conduct a referendum on the outstanding issues (like whether federalism on the communal – recognition of ethnocentric identities – lines or water resources), hold election to both parliament and local bodies. In other words, the transition government will hold general election affording the citizenry to vote for three things: decision regarding federalism, elect a parliament and local village and municipal councils (each voting center will have 3 boxes).

If you feel that I should explain these to him in person, I will be more than happy to do so when both of us are back (I am going to Dhaka tomorrow for a regional conference on Ganga basin).


With best regards,

Sincerely,


Ratna Sansar Shrestha, FCA
Senior Water Resource Analyst
www.RatnaSansar.com


From: SPS dhungel [mailto:dhungel_sps@yahoo.com]
Sent: Monday, September 3, 2012 5:58
To: Ratna Sansar Shrestha
Subject: RE: Please extend gratitude to president

Dear Ratna ji,

I am in Sydney for a week to see my first grandson.

However, I am following the developments closely.

Ordinance tactics to divert political attention from the real world may not work for long. It all perhaps
depends on the genuine role of other political parties.

Will return by the weekend.


Thanks and with warmth,

Surya Dhungel