Birendra Bir Bikram Shah - 1972-2001
In view of the mounting criticism against the Panchayat Constitution, King Birendra, who had succeeded his father in 1972, pursuant to recommendations of a specially created Constitutional Reform Commission, announced in 1975 that the constitution would be amended to include provisions governing the amending procedure itself. Previously the king could not amend the constitution unless two-thirds of the Rashtriya Panchayat ratified the proposed amendment. Under the proposed amendment, the king would have to consult a special committee of the Rastriya Panchayat before amending the constitution. In addition, the term of a delegate to the Rashtriya Panchayat was reduced from six years to four years.
In May 1979, concerned by the unabated political demonstrations and considerable general unrest, King Birendra called for a nationwide referendum to determine the future form of government. The referendum offered two choices: a continuation of the partyless panchayat system, with prospects for further reform; or a multiparty system. Although no clear definition of a multiparty system was provided, the implication was that it stood for a parliamentary system of government run on a party basis. The referendum, the first nationwide vote in twenty-two years, was held on May 2, 1980, and 67 percent of the eligible voters participated. The panchayat system was chosen with a majority of 54.7 percent of the votes.
The promulgation of the constitution in November 1990 opened a new era in Nepalese civil-military relations. King Birendra, fearing that a future civilian government might radically undercut the military's prestige and with it the monarch's power or very existence, reportedly insisted on retaining ultimate authority over the military. Having to contend with independent centers of power that were beyond his direct control, Birendra realized that the military was his only reliable institutional base of support. Military commanders, for their part, feared that civilian politicians might attempt to politicize the army and undermine discipline. Consequently, the 1990 constitution represents a compromise between the king, who still retains many avenues to power should he choose, and a newly empowered civilian government.
Despite Nepal's transition from an absolute monarchy to a democracy, the king retained formidable emergency powers that, if activated, would decisively tip the political balance of power in his favor. Article 115, "Powers to Remove Difficulties," granted the king the unilateral right to proclaim a state of emergency in the event of a "grave crisis created by war, external attack, armed revolt or extreme economic disorder." Under a state of emergency the king assumes direct rule and "may issue necessary orders as are designed to meet the exigencies." Authority to implement this provision is not clearly spelled out, but the king is specifically authorized to suspend fundamental rights, except for habeas corpus and the right to organize political parties and unions.
Several provisions circumscribed the palace's previously unfettered right to employ the army as it sees fit. Unlike the legislature under the 1962 Panchayat Constitution, Parliament had real authority to determine and approve the annual defense budget. Although The power to appoint a chief of army staff, another traditional royal prerogative that afforded the palace direct control over the military, also is subject to the recommendation of an elected prime minister. This provision had the potential to precipitate a constitutional crisis should the king refuse the recommendation of the prime minister.
|
NEWSLETTER
|
| Join the GlobalSecurity.org mailing list |
|
|
|
