House Declaration [1] ends the Shah Dynasty in Nepal
On May 18, 2006, almost after a month from the day the king revived the House of Representatives [2] dissolved on May 22, 2006, the revived House of Representatives made Declaration effectively ending the 237-year old
Shah Dynasty. Gyanendra’s ancestor Prithvi Narayan Shah started the royal dynasty conquering the Kathmandu valley in the
mid 18th century. Bringing back the House of Representatives, the king surrendered all power to it and asked it for
bearing the responsibility of taking the nation on the path to national unity and prosperity, while ensuring permanent
peace and safeguarding multiparty democracy. Using all the power surrendered by the king, the House of Representatives
declared itself a supreme power holder until further arrangement is made, removed the king from the parliament, turned
His Majesty’s Government of Nepal into ‘Government of Nepal’, changed the name of the Nepal Royal Army to Nepali Army
and brought it under the civilian control, terminated the position of the Supreme Commander of the army, a position held
by the King, authorized the Council of Ministers to appoint the Chief of Army Staff, and dissolved the highly
controversial Privy Council called Rajparishad.
The declaration was scheduled for Monday, May 15, 2006 but could not be made as the leaders of the seven-party alliance
failed to settle some issues and agreed to get the declaration endorsed by the Council of Ministers before tabling it at
the House of Representatives. The delay triggered spontaneous protests on Tuesday, May 16, 2006, and the protestors
burnt down four government-owned vehicles in Kathmandu but the situation returned to normal after the Home Minister
assured them of tabling the declaration at the House of Representatives on Thursday, May 18, 2006.
Prime Minister Girija Prasad Koirala got unanimous approval of the Council of Ministers and the seven-party alliance on
the proposal for the Declaration to be made by the House of Representatives before presenting it to the House of
Representatives.
Prime Minister Girija Prasad Koirala tabled the Declaration at the House of Representatives on May 18, 2006. He then
asked Speaker Subash Chandra Nemwang to read out the Declaration, as he was unable to do so due to his ill health.
Presenting the Declaration, Prime Minister Koirala said the document reflected the people’s aspiration and each word in
it was written with martyrs’ blood that laid the lives for democracy. In a warning note, Prime Minister Koirala said
that if anybody daring to undermine the Declaration that had established people’s sovereignty would face grave
consequences. He said, “If anyone tries to interfere and undervalue it, they will face grave consequences.”
Ambassadors of the USA, the UK, China, Russia, India, Sri Lanka, Norway and Finland who also represents the EU, the
Resident Representatives of UNDP and UNCHR, a large number of media persons and other distinguish persons were present
at the House session at the time of the presentation of the Declaration on May 18, 2006.
The House of Representatives after nearly one-and-half hour-long deliberation on the Declaration passed it unanimously.
Even the royalist parties such as Rastriya Prajatantra Party and Rastriya Janashakti Party supported the Declaration
without any reservations. They were not the constituents of the seven-party alliance.
Speaker Subash Chandra Nemwang called for a voice voting “yes” or “no”. All the members of the House of Representatives
in one voice said, “yes”. When he called for “no” votes, the House remained dead silent. Then Speaker Subash Nemwang
announced that the Declaration was passed unanimously.
People watched the live telecast of the proceedings of the reinstated House of Representatives from Singha Durbar on the
state-run Nepal Television, Kantipur TV, Nepal-one TV, and listened to the live broadcast on a number of F. M. radio
stations and the state-run Radio Nepal for immediately understanding the Declaration made by the House of
Representatives on Thursday afternoon, May 18, 2006.
Hundreds of people gathered around the statue of late King Prithvi Narayan Shah at the main gate of the Government
Secretariat building called Singha Durbar in Kathmandu at the time of the Declaration to be made by the House of
Representatives in order to draw the attention of lawmakers to the people’s aspirations for the sovereignty of the
people, true democracy and fundamental human rights despite the fresh ban imposed by the local administration on
rallying, gathering, holding meetings and sit-in in that area. The irony is that the government set up by the people’s
power immediately imposed the restrictions on gathering at the certain core areas in Kathmandu. This certainly goes
against the people’s aspirations. The sovereign people would not tolerate such behavior of the government.
The crowd gathered at the main gate of the Signha Durbar cheered the news of Nepal declared as the secular state by the
House of Representatives. A leader of the civil society movement, Malla K Sunder, announced the news for the gathered
public at the main gate of the Singha Durbar.
Talking to Nepalnews after the declaration of the country as a secular state, one of the members of the indigenous
communities, Dandu Sherpa said that the declaration was just a first step toward a democratic Nepal based on equality.
Nepalis representing various indigenous groups, unions, institutions and the civil society were present at the gathering
held at the main gate of the Singh Durbar to caution the political parties against betraying the spirit of the people’s
movement of 2006. The crowd was elated when they heard the House of Representatives made a Declaration with sweeping
changes in the country’s state of affairs. [3]
Pursuant to the Article 5.1 of the “Declaration made by the House of Representatives of 2006 (2063)”, the House of
Representatives could declare that Nepalis do not need a king anymore thus this Declaration has effectively ended the
237-years long history of the Shah dynasty. The Articles 5.3 and 5.4 of this Declaration have reduced the king to the
status of an ordinary Nepali citizen. Now, the king is without the kingdom. The Nepalese king could take bicycle ride on
the New Road. Nobody would take notice of him.
Speaking at the meeting of the House of Representatives before the voting on the Declaration presented by Prime Minister
Girija Prasad Koirala, and commenting on the Declaration, Communist Party of Nepal – United Marxist and Leninist
(CPN-UML) General Secretary and Lawmaker, Madhav Kumar Nepal said, “Now, the history is not going to repeat; the country
will only move forward. Any side going against this Declaration would face people’s uprising.” He further said the
House’s Declaration has come to meet the aspirations of the people’s movement and has established that there is no power
above the people and the constitution. “All sectors of the country should now adopt the concept of inclusive democracy,”
he said. The Declaration has been tabled despite all kinds of rumors that the parties were lacking courage to bring it
before the House. Backing the historical motion tabled earlier by Prime Minister Koirala, CPN-UML Lawmaker Madhav Kumar
Nepal said the epoch-making manifesto has reflected the people’s aspirations to wipe out all the anomalies of the past.
“Now, the sovereign people will have all rights to decide the fate of the country and their own,” he said. Cautioning
against the possible threats, he said, “The history could not be unfastened and those who try to defy the changes have
to face the people’s wrath.” Lawmaker Nepal said that the next step would be to democratize all the sectors in the
country and to end the situation of impunity.
Speaking at the same meeting, Nepali Congress (NC) Lawmaker Shushil Koirala said that anyone who goes against the spirit
of the people would be eliminated forever. He said that with the Declaration in place a new dawn has set in the country.
“The people’s peaceful movement and victory over the autocracy will set a new example in the world and no despots will
rise their head against the people’s will ever again in Nepal and elsewhere in the world,” Koirala said.
Commenting on the Declaration, overjoyed President of Nepali Congress – Democratic (NC-D) and former three-term Prime
Minister Sher Bahadur Deuba said, “Today is the happiest day for me in my life as I suffered a lot more than any others
from the king.” He also re-emphasized that if anyone tried to ignore the achievements of the people, the person would be
buried in the history. Former Prime Minister Deuba also promised to cooperate with Prime Minister Koirala in the days
ahead. President of NC-D and Lawmaker Sher Bahadur Deuba said those going against the Declaration “will be digging their
own grave”. He said the focus should be now on restoring peace in the country.
Chairman of Rastriya Prajatrantra Party (RPP) and Lawmaker Pashupati Shumsher Rana also expressed support for the
historic Declaration made by the House of Representatives as well as for the proposed elections for a constituent
assembly. Appreciating the role played by the 12-point understanding reached between the seven-party alliance (SPA) and
the Maoists in bringing the current situation in the country, he urged the government to pay attention to establish a
lasting peace in the country. Lawmaker Pashupati Shumsher Rana cautioned the SPA saying, “We will abide by the decisions
taken by the people and the House of Representatives. The Maoists have been moving forward as planned but the SPA seems
to be wavering.” He questioned, “If the SPA leaders have failed to consult the political forces outside the SPA for
formulating the historical Declaration, can this be called an inclusive democracy?”
Chairman of Rastriya Janashakti Party and Lawmaker Surya Bahadur Thapa said that the changes in the past could not
encompass the basic traits of the sovereign people but the current document tabled at the House of Representatives
guaranteed all rights of the people. Lawmaker Thapa said, “It has encompassed the needs of the country, the future
directions and a desire to restore political stability.” The Declaration came up as a result of “the situation dictated
by the political change” and one could not do anything other than what has been done, he said. He also warned against
undermining the situation. “If the problems were solved appropriately and justifiably then the contribution of the SPA
would be written in golden letters as savior of the nation from the perilous situation,” Lawmaker Thapa said.
Communist Leader of People’s Front Nepal and Lawmaker Chitra Bahadur KC expressed his views that the feudal autocratic
rule has now become the history after the House’s Declaration. He said that the Declaration has a lineage with the past
when the Nepalis had started revolting against the oligarchy. He urged the House to concentrate on institutionalizing
the achievements of the people’s movement and to initiate peace talks. The Maoists should also come to the political
mainstream.
Leader of Nepal Sadbhawana Party, Yagyajit Shah said all sorts of doubts have been cleared off and the shackle of
slavery has been broken with the Declaration made by the House of Representatives.
Leader of Nepal Sadbhawana Party – Anandidevi, Hridayesh Tripathi said that the popular movement had unified the Nepalis
emotionally, and the Declaration has given permanency to it. He said that peace is the integral part of the Declaration,
and expressed his hope that a lasting peace would be restored soon.
Leader of People’s Front Nepal and Lawmaker, Pari Thapa said that the Declaration tried to transform the state authority
and state mechanism in a democratic way.
Chairman of Nepal Workers’ and Peasants’ Party, Narayan Man Bijukchhe, also gave his views in support of the Declaration
and stressed the ‘total democracy’ through elections for a constituent assembly. He said that the historical Declaration
reflected the aspirations of the people. “Those terming it unlawful have not understood the demand of time,” he said.
After the completion of the speeches of all leaders of the political parties represented in the House of
Representatives, and after the passage of the Declaration by the House of Representatives, Speaker Subash Nemwang
adjourned the House of Representatives. [4]
Addressing the 13th memorial meeting held in honor of CPN-UML leaders late Madan Bhandari and Jiv Raj Ashrit by the
ANNFSU central committee in Dasdhunga, Chitwan on Wednesday, May 17, 2006, CPN-UML Standing Committee Member, Bam Dev
Gautam claimed that the monarchy in Nepal would end within a year. He predicted that earlier the elections for a
constituent assembly were held sooner would be the end of the monarchy. The country would enter into the democratic
republic system after the House Declaration. [5]
Issuing a statement Maoists’ Supreme Leader Prachanda welcomed the Declaration made by the House of Representatives and
said, “Our party welcomes it and supports the Declaration as a victory of the 12-point understanding and the Nepali
people’s historical movement.” He said the party feels “glorified” that some of the demands raised by his party have
been addressed. “But the Declaration has attempted to address the people’s will of ending monarchy by politically
limiting it as a ceremonial one,” Prachanda said. He further said it was silent on the issues of growing foreign
interference, restructuring the state, self-determination, regional and ethnic autonomy and federal system,
revolutionary land reforms and fundamental rights to education, health and employment. He also said that the Declaration
has given birth to “serious suspicion” as it has maintained a “surprised silence” on finding solution to the issues of
the insurgency and impending talks with the Maoists. He also expressed doubt about whether the Declaration would put the
issues such as peace talks, elections for a constituent assembly under a shadow. He added that the Declaration had tried
to give credit only to the seven-party alliance by not mentioning the significance of the 12-point understanding reached
between the seven-party alliance and the Maoists. [6]
People injured during the recent 'jana andolan' (people’s movement) say the 'historic' Declaration made by the
reinstated House of Representatives on Thursday, May 18, 2006 was satisfactory, but not adequate. For example, Rajendra
Lama injured during the pro-democracy demonstrations in Banepa on April 19, 2006 said he was happy to hear the House of
Representatives’ Declaration to drastically curtail the powers of the king. "But I suspect the royalists might hatch
conspiracies against this Declaration or the leaders might fear to implement what they professed today," he added.
Krishna Pokhrel injured when police charged demonstrators with batons at Banasthali in Kathmandu on April 21, 2006 said
most of the people's aspirations were addressed by the Declaration. "I am happy with it. Since the leaders did not dare
to remove the king, the only way to do so was through elections for a constituent assembly,“ he added. Pokhrel was still
angry at monarchy. "If leaders, by any means, try to save the monarchy, we will start armed struggle," he warned. "I am
ready to die for the country." Pokhrel said he felt proud of being one of the pro-democracy activists since the 'jana
andolan' (people’s movement) forced the king to accept that people were sovereign and that alone has right to rule the
country.
Similarly, 15-year-old Nawaraj Parajuli also injured during the demonstrations, said, "The Declaration is inadequate
since we can't have "loktantra" (democracy) as long as the king is there." Parajuli – who still has bullet in his
leg—blamed the king for ordering the security forces to kill people who were taking part in the peaceful
demonstrations."
Sagar Gurung shot at his stomach in the western town of Butwal on April 9, 2006 said though the news of the Declaration
was inspiring to hear, it was not complete. "It gave me much satisfaction," he added. "However, the people's movement
had empowered the House of Representatives to remove the king from Nepal, the leaders did not do so," he said, "It is a
betrayal."
People in the street looked excited and were discussing the implications of the 'historic' Declaration. But,
pro-democracy fighters undergoing treatment at the Model hospital—which was in the forefront of treating the
injured—still have bitterness in their mind and a strong sense of hatred of the erstwhile regime. [7]
Nepalis took out “victory rallies” in various parts of the country welcoming the “historic” Declaration passed by the
House of Representatives. People came out to the streets, congratulated each other on the victory of the people, and
chanted pro-democracy slogans.
The divine rule of Nepal’s King Gyanendra, the world’s last Hindu monarch, has abruptly ended after the Nepal’s
parliament passed a Declaration. Gyanendra now looks set to be the last of his line to directly rule the Himalayan
country of 27 million people. The Declaration allows taxes on royal income and property for the first time. The royal
family owns at least eight lavish palaces across the impoverished nation whose tourist-reliant economy has been battered
by mass street protests and a Maoist insurgency. “It’s democracy in action, and we are glad to see the parliament
functioning,” said a senior British diplomat on condition of anonymity. The new parliament convened after a four-year
gap, shied away from abolishing the monarchy, a key demand of the Maoist rebels. The interim government however has
previously said it would use a planned constitutional review to determine whether the 237-year-old monarchy should stay
in the nation. [8]
On Friday, May 19, 2006, leaders of the seven-party alliance said that the King could remain a "respected citizen of the
country" provided he was ready to "abdicate the throne" and cooperate with the peaceful transition of the country to a
democratic republic. Addressing the mass gathered at the open theatre in Kathmandu on Friday, May 19, 2006 to celebrate
the Thursday's Declaration made by the revived House of Representatives, Nepali Congress Central Working Committee
Member Narahari Acharya said, "If the king is ready to abdicate the throne, he can happily live in the country as a
respected citizen and he does not need to flee." Acharya further said that the Declaration gave the king an opportunity
that he might not need to flee the country if he was ready to cooperate with the people's aspiration for the peaceful
transition from the old regime to a democratic republic. "The Declaration is the first step toward achieving its goal of
elections for a constituent assembly, and it has also severed ties with the old regime," Acharya said, adding that all
should be alert and should remain active to create new Nepal through the elections for a constituent assembly.
Addressing the same gathering, Standing Committee Member of the Communist Party Nepal-United Marxist Leninist (CPN-UML),
Ishwor Pokharel said the monarchy will not be completely defeated unless the nation heads for the elections for a
constituent assembly, which will create a democratic polity without the monarchy. "Beacon of the movement must keep on
lighting until a new constitution is made through the constituent assembly," Pokharel said, adding that they will make
public the misdeeds of the monarchy. Himlal Puri of the Janamorcha Nepal said the future of monarchy would be decided by
the elections for a constituent assembly. [9]
This week’s developments in Nepal should serve as a warning to all tyrants that they cannot subvert the people’s
aspiration, and get away with. If the Nepal’s parliament and people have moved to clip King Gyanendra’s wings, stripping
him of all his powers — especially his control over the 100,000-strong army — and reducing him to a ceremonial
figurehead, the monarch has no one to blame but himself. Gyanendra lost no time in losing the considerable goodwill the
monarchy enjoyed in the Himalayan kingdom despite the tragic circumstances in which he had inherited the throne from his
brother. Doubtless, the constitutional and political reforms initiated by the caretaker government of Prime Minister
Koirala are a truly path-breaking step for democracy and good governance in Nepal. The new act of parliament not only
makes the world’s only Hindu kingdom a secular democracy, but it actually puts Nepal’s long disenfranchised people,
rather than the king, in charge. This is genuine democracy in action. The path ahead for Nepal’s leaders is not rosy
though. All this while, the king had been seen and indeed was the source of most of the country’s problems. But now that
a new government is in charge, responsibility rests with it. If things do not improve now and soon, the people wouldn’t
blame king Gyanendra, but the Koirala government. Prime Minister Koirala just can’t afford to fail Nepal. [10]
A wary India is watching with some nervousness the fast political developments in Nepal. The government of India has not
reacted to the sweeping changes announced by the Nepalese House of Representatives on Thursday yet. There is serious
concern about stability in the neighboring country, as it has security implications for India. India's endeavor is to
ensure a smooth transition of Nepal's political structure from a monarch-centric system to the parliamentary system.
However despite the King been divested of his divinity, the path of political stability has a number of roadblocks. "The
first is to ensure that the political parties remain united. Squabbles among them will encourage the Monarchists to take
full advantage of the contradictions to strike back,'' an Indian official, remaining unidentified said. The old mantra
in South Block for Nepal "multi-party democracy and constitutional monarchy,’’ has now replaced with "political
stability and economic development" as the twin pillars for stability in Nepal. Delhi is ready with a substantial
economic package but does not want to announce it, before Kathmandu asks for it. For India as well as for the
international community it is imperative that the Maoists renounce violence and join in the political mainstream. The
question now is how this can be started as quickly as possible. India is discreetly urging Prime Minister Girija Prasad
Koirala to initiate a dialogue with the Maoists. In fact Prime Minister Koirala wanted to make a quick trip to Delhi,
but has been advised to first begin talks with the Maoists, expand his cabinet and put the nation on track before flying
in to confer with Indian leaders. For Delhi, unsure of the Maoists sensibilities about India's intent, it is essential
to remain discreet and out of the public eye. There is much talk of involving the UN in bringing stability to Nepal.
Privately, India is not opposed to the UN, but Delhi believes that the UN should step in much later for demobilization
of the Maoists. "It is too early to give the UN a larger role in Nepal. First the government must lay the groundwork for
talks,'' said a senior Indian official. Though India no longer says it publicly there is reservations about the Maoists
intent. Delhi is hoping that the peace talks get underway and the Maoists join in the political process and give in
their weapons. [11]
In a press release, different organizations welcomed and supported the Declaration made by the reinstated House of
Representatives that established the supremacy of the Nepali people, and the source of all state authority is the Nepali
people. For example, Nepal Ready-made Garments Industries Association has in a statement stressed the sincere
implementation of the historic Declaration. The Association has also stressed the initiation of meaningful dialogue
between the government and the Maoists to establish a lasting peace as aspired by the people. It believes that
meaningful talks between the government and the Maoists would create an environment wherein the country would get rid of
terror and violence, and the industries can operate in a smooth manner thereby prospering the economy.
Similarly, in a press release, the Association of the Victims of the Maoists has delighted at the establishment of the
supremacy of the people by the Declaration made by the House of Representatives. The Association hoped that the House of
Representatives would also deal with the problems of all the displaced persons through similar declarations in future.
Likewise, issuing a press statement, the National Dalit [12] Federation stressed the need for the political forces to take the responsibility entrusted to them by the people to
move on to peace, equality, independence and progress with determination. Calling upon all sides to work for mutual
interest, show respect for co-existence and carry out works for the interest of the people and the country, the
statement said the Federation would defend the Declaration against any kind of plots to undermine it. [13]
At a talk program on “Women’s role in the meaningful participation of women in the constituent assembly” held by the
Women Rehabilitation Center in Kathmandu on May 19, 2006, the participants called on all to cooperate in putting the
Declaration in practice. They stressed the need for annulment of discriminatory laws on women and to increase women’s
participation in the constituent assembly. CPN-UML leader and Lawmaker, Pradip Gyawali said the women’s role was very
important in making the success of democratic movement. The Chairperson of the Women Rehabilitation Center, Dr. Renu
Rajbhandari called for raising voices for the women’s participation in the constituent assembly. [14]
General Federation of Nepal Trade Union (GEFONT) expressed its full support for the “Declaration made by the House of
Representatives of 2006 (2063)” that has established the sovereignty of people. GEFONT drew the attention of seven-party
alliance to steer ahead with a common agenda and goal by further consolidating the alliance. It also made a demand for
punishing the authorities responsible for suppressing the people’s movement indiscriminately and brutally. GEFONT
appealed to the seven-party alliance and the Maoists for working together to consolidate democracy and restore peace in
the country. [15]
In a press release, the Human Rights and Peace Society welcomed the Historical Declaration made by the House of
Representatives saying the Declaration has made Nepalis free and sovereign, and expressed gratitude to all the people,
the House of Representatives, Council of Ministers and political parties. Stating that the Declaration has proved that
no force is more powerful than peaceful civil conscience, the Society appealed to the CPN-Maoist for giving up arms and
for involving in the mainstream politics. [16]
Welcoming the historic Declaration made by the House of Representatives of 2006 (2063), the annual general assembly of
Nepal Bar Association (NBA) has emphasized on its successful implementation. "The Jana andolan-II (People’s movement –
II) uniquely demonstrated to the whole world that a peaceful movement can also bring a historic revolution," the NBA’
17-point Janakpur Declaration issued at the end of the annual general assembly said. The assembly also vowed to stand
for the Declaration made by the House of Representatives. The NBA also stressed on the implementation of the 12-point
understanding reached between the seven-party alliance and the Maoists. The NBA also urged the concerned authorities to
take strict actions against those involved in suppression of the people's movement, and engaged in support of the then
royal regime. [17]
Legal experts stressed on the need for an interim constitution to legalize the recent achievements of the movement and
the Declaration made by the House of Representatives. Speaking at an interaction in the capital on Friday, May 19, 2006
Constitutional Law Expert, Purna Man Shakya urged the government to promulgate a new constitution to give legal validity
to the Declaration and to make arrangements for preventing the constitutional vacuum. Constitutional Law Expert Shakya
said political decisions would not always be applicable unless they are transformed into laws and no one can question
the Declaration made by the House if it is given the shape of a legal document. Former Supreme Court Justice, Laxman
Prasad Aryal said the process to promulgate a new constitution has already started with the Declaration. "Since the
House passed a resolution to promulgate a new constitution, the Constitution of 1990 is no more in force," he added.
Advocate Bhimarjun Acharya seriously questioned the supremacy of the House as declared on Thursday, May 18, 2006.
Acharya also said it is not good to make the Supreme Court under the House of Representatives by strapping the apex
court of its power of judicial review. "The Declaration intends to escape from the elections for a constituent
assembly," said advocate Mukti Pradhan. [18]
Women lawmakers demanded the women's equal representation in a constituent assembly. They said that the new constitution
would not be inclusive if women did not have equal representation in the constituent assembly. Speaking at a program
held by Sundar Nepal, CPN-UML Lawmaker Bidhya Devi Bhandari said inclusive democracy was not possible without equal
participation of women in it. She said she will raise the issue of equal participation in her party and also urged all
women lawmakers to raise their voice to defeat the feudal mentality present within their party. Another CPN-UML Lawmaker
Urmila Aryal stressed on the need for equal participation of women in all sectors including political parties,
diplomatic missions, administrative and security machinery. Nepali Congress Lawmaker Sabitri Bogati said women lawmakers
should launch a struggle within their parties for equal representation of women in the constituent assembly. Lawmaker
Renu Yadav of Rastriya Prajatantra Party stressed on the proportional representation in the constituent assembly. Other
women lawmakers including Tirtha Gautam and Kashi Poudel said that separate constituency should be announced for women. [19]
Saying the Declaration made by the House of Representatives as historic, the United States welcomed it, and assured the
Nepal government of its support for restoring and strengthening democracy in the country. Testified on developments in
Nepal before the Subcommittee on Near Eastern and South Asian Affairs of the U.S. Senate Foreign Relations Committee on
Thursday, May 18, 2006, US Assistant Secretary of State for South and Central Asian Affairs, Richard A. Boucher said,
“Nepal’s future is in the hands of its people and its political leaders must take steps to meet the people’s
aspirations. We have no interest in prescribing the architecture of their democracy. The United States stands behind the
people’s right to make that choice themselves through a free and fair political process, and will stand against any who
attempt to deny them the freedom that is their right,” said Boucher, according to a statement issued by the US embassy
in Kathmandu on Friday, May 19, 2006. [20]
The EU also welcomed the historic Declaration made by the House of Representatives and expressed its eagerness to work
with the new government in Nepal. A press statement issued by the Foreign Ministry of the Government of Nepal said the
Charge d’ Affairs and Acting Head of Delegation of the European Commission (EU) in Kathmandu, Eduardo Lechuga Jimenez
expressed this commitment during his meeting with Deputy Prime Minister and Foreign Minister K.P. Sharma Oli on Friday,
May 19, 2006. He informed that a high-level delegation from the EU would be visiting Nepal in the beginning of June this
year to express support for the political change in Nepal. He further said that the high-level visit would provide an
opportunity to have detailed discussion on the EC’s future co-operation strategy in Nepal. He also expressed the hope
that the EU will provide enhanced level of assistance to Nepal in meeting long-term development challenges as well as
the immediate challenges of reconstruction and rehabilitation. [21]
The House of Representatives declaring Nepal as a secular state has evoked a mixed response from the majority Hindu
groups. "The Declaration of the so-called Parliament has hurt the faith of the 900 million Hindu populace across the
globe and brought about possibilities of a religious crusade in Nepal," Shiv Sena (organization of Hindu
fundamentalists) Nepal President Arun Subedi said. The House should not have been afraid of preserving the only Hindu
Kingdom in a world where 52 countries are Christians and 46 Muslims, the outfit said. Arjun Lamichhane of the Bishwo
Hindu Youth Federation said the issue of secularism should not be raised in a country where religious tolerance has
always prevailed.
Minority ethnic groups have welcomed the Declaration. "With this Declaration, the nation has moved toward ensuring
social justice and harmony," Pasang Sherpa, General Secretary of Confederation of Indigenous and Ethnic Groups of Nepal,
said. "We welcome the Declaration as minorities are exploited in a state that rules on the basis of a certain religion,"
he said. Chairman of All Nepal Ethnic Convention, K B Gurung said: "Imposing one religion in this religiously diverse
population created friction and now the state is on the course of addressing this friction."
The provision for a Hindu state was the underlying cause of Brahmin hegemony for the last 237 years, said Dr Krishna
Bhattachan. "One state religion means the dominance of one culture, a few castes, one language, and even one gender,"
said Bhattachan. "The Declaration meets one of the main demands of indigenous and ethnic groups," he added. Dr.
Bhattachan, however, said other major demands of the groups -- the right to self-determination and ethnic, religious and
regional autonomy -- are yet to be met. He however noted that with secularism, the road to these had become less bumpy.
"Therefore, the Declaration is very welcome."
Buddhist leader Bimal Nanda Mahasthavir also welcomed the Declaration. He, however, noted that religious minorities had
to put pressure on the House of Representatives until the last moment to ensure the Declaration of a secular state is
effectively implemented.
Muslim Ittehad Sangh, Tharu Students' Society, Nepal Christian Society, National Council of Churches of Nepal, Shree
Bouddha Tamang Kalyan Guthi, the Council House of Tamu, and the Seventh-Day Adventist Church also welcomed the
Declaration issuing separate statements.
It is not yet clear whether cow slaughter will be allowed in Nepal or not after it turned into a secular state. Until
now it has been a punishable offence. [22]
India’s Main Opposition Party, Bharatiya Janata Party (BPJ) has ‘regretted’ the transformation of Nepal from the world’s
only Hindu nation into a secular state. BJP Leader Jaswant Singh told the Rajya Sabha, the lower chamber of the Indian
parliament, on Friday, May 19, 2006 that he “feels diminished” to see the death of the Hindu Kingdom and called the
transformation “unfortunate”, official news agency PTI said. PTI quoted another BJP leader V.K. Malhotra as saying,
“While it is for the people of Nepal to decide the kind of government they want. What was the need to scrap the word
Hindu from its name?” “Nepal's Hindu identity has nothing to do with the monarchy. The Nepalese Parliament should not
have omitted that word. There are over 50 countries in the world that proudly call themselves as Islamic Republic,"
Malhotra insisted while addressing a press briefing. The Indian opposition party’s reaction comes at a time when the
parliamentary proclamation declaring Nepal as a security state is welcomed by all sides including the international
community. The BJP supported by various semi-political fundamentalist Hindu religious groups, is the only prominent
Indian political party to officially criticize the Nepalese House of Representatives’ Declaration of turning Nepal into
a secular state on Thursday, May 18, 2006. [24]
Some Hindu groups took to the streets in the southern town of Birgunj in Nepal on Monday, May 22, 2006 denouncing the
Declaration made by the House of Representatives to turn the world's only Hindu kingdom into a secular state. They
demanded that the country be declared a Hindu kingdom once again. Talking to Nepalnews, Principal of Hindu Vidyapeeth —
Nepal (HVP-N), Chintamani Yogi said that the need of the hour is to ensure the safe landing of the Maoist insurgency. We
should not extend support to the King unnecessarily in the name of 'Hindu rastra' (Hindu nation) but he cautioned that
the Declaration of a secular state could give chances of uniting the regressive forces under the banner of Hinduism.
Hindu leaders are furious at the Declaration of a secular state, and blame the SPA for betraying the country. Chairman
of World Hindu Federation (WHF), Bharat Keshar Simha said that the decision taken by a handful of people was illegal and
a conspiracy against the country, and would not acceptable to all the Nepalis. Chairman Simha further said that the WHF
would hold various protests against the decision and would also take to the street to protests against what he called
the "unconstitutional declaration" made by the House of Representatives. Chairman Simha had advocated an active role of
the monarchy in the state affairs, and even claimed that the Hindu King was above the law.
Swami Dhruba disclosed that various Hindu groups were currently holding meetings and were in direct touch with Hindu
religious leaders of India to chart out future strategies. "We will not remain silent and continue to expose the policy
of appeasement," he warned. [25]
In his book, "Towards a Democratic Nepal" published last year, scholar Mahendra Lawoti argues that the Constitution of
Nepal of 1990 has contradictory provisions. For examples, the Articles 11.2 and 11.3 of the Constitution are against
discrimination based on religion, yet, Article 4 explicitly declares Nepal as a Hindu state. The Declaration of the
state as Hindu provides sustenance and support to the discriminating traditions and values and contributes to the
continuation of the social and legal discriminations. Lawoti wrote. [26] The Declaration of Nepal as a secular state made by the House of Representatives has effectively ended the
contradictory provision in the Constitution of 1990, and the social and religious discrimination.
The regressive forces have not been totally dead. They might make troubles to the government of the seven-party
alliance. The disabled king might be hoping to stage a comeback standing on the shoulders of the Hindu fanatics and
fundamentalists. However, Nepal has undergone a drastic transformation since the people’s movement in 1990, and the
people’s movement in 2006 completed the political changes not completed by the people’s movement in 1990. The young
generation Nepalis have been so strong that everything would be, as they want, not what politicians or fanatics want.
Footnotes
[1] The House of Representatives’ Declaration of 2006 (2063)
Highly honoring the Nepalese people’s sacrifices of all sorts including their lives, and their participation in the
people's peaceful joint movement; and in view of the state power of independent and sovereign Nepal is vested in the
Nepalese people, and of the people’s peaceful joint movement that took place some time ago through which the people
demonstrated the strong aspiration for proving the truth of the sole source of the sovereignty and the state power is
only the people;
Committing to implement the people’s mandate given by the people’s peaceful joint movement for establishing a lasting
peace, democracy and for restructuring the state into an inclusive democratic state by formulating a new constitution
through the Constituent Assembly set up by elections, following the roadmap of the seven-party alliance and the 12-point
understanding reached between the seven-party alliance and the CPN-Maoist;
Bearing the great responsibility of the sovereign Nepali people to strengthen the national unity, indivisibility and
integrity of the country;
In view of on April 24, 2006, the king declaring “Convinced that the source of State Authority and Sovereignty of the
Kingdom of Nepal is inherent in the people of Nepal and cognizant of the spirit of the ongoing people’s movement as well
as to resolve the ongoing violent conflict and other problems facing the country according to the roadmap of the
agitating Seven Party Alliance” accepted the House of Representatives reinstated under the pressure of the people’s
movement is the sovereign authority;
For bearing the responsibility to safeguard the achievements of the people’s movement of 1990, institutionalize the
achievements of the current people’s movement, exercise all the rights to end the autocratic kingship, and move on to
the establishment of the full-fledged democracy, until another constitutional arrangement is made, the House of
Representatives declares itself a sovereign authority, and makes the following declaration of using the state power
through this House of Representatives:
1. Legislative
1.1 The House of Representatives shall exercise all the rights concerning the legislative body of Nepal. The procedures
for formulating laws shall be as prescribed by the House of Representatives.
1.2 The House of Representatives shall set the procedures as required for moving on to the Constituent Assembly.
1.3 Calling and adjourning the session of the House of Representatives shall be as follows:
(a) The Prime Minister shall call the session of the House of Representatives; and the Speaker shall adjourn the session
on the recommendation of the Prime Minister;
(b) While the House of Representative is in recess if one fourth of the total incumbent members of the House of
Representatives at that point of time requests the Speaker for calling the session of the House of Representatives then
the Speaker shall set the date and time for the session to be held within 15 days.
1.4 The House of Representatives shall formulate and implement the rules and regulations of the House of
Representatives.
2. Executive
2.1 All the executive power of the state of Nepal shall be vested in the Council of Ministers. “His Majesty's
Government” shall be called as “Government of Nepal” from now on.
2.2 Non-members of the House of Representatives can also be nominated to the Council of Ministers.
2.3 The Council of Ministers shall be accountable to the House of Representatives. The Council of Ministers and the
ministers collectively shall be accountable to the House of Representatives, and individually shall be accountable to
the House of Representatives for the business of their concerned ministries. The civil administration, army, police and
all the executive bodies shall be under the purview of the government accountable to the House of Representatives.
2.4 The Council of Ministers shall pass the rules and regulations concerning the job allocations and the performances of
the government, and submit it to the House of Representatives.
3. Army
3.1 The name of "Royal Nepal Army" shall be replaced with "Nepali Army".
3.2 The current provision for the National Security Council has been annulled. There shall be a National Security
Council under the chairmanship of the Prime Minister for controlling, using and mobilizing the Nepali Army.
3.3 The Council of Ministers shall appoint the Chief of the Army Staff of the Nepali Army.
3.4 The current provision for the Supreme Commander of the Army has been annulled.
3.5 The decision of the Council of Ministers on mobilizing the Nepali Army shall be tabled on the special committee
prescribed by the House of Representatives, and get it endorsed within 30 (thirty) days.
3.6 The form and the nature of the Nepali Army shall be as required by the nation.
4. Rajparishad (Privy Council)
The current provision for the Rajparishad (Privy Council) has been annulled. All the functions performed by the
Rajparishad (Privy Council) shall be as prescribed by the House of Representatives.
5. Royal Palace
5.1 The rights to make, amend and annul the laws on the heir to the throne shall be vested in the House of
Representatives.
5.2. Expenses of and benefits for His Majesty the King shall be as prescribed by the House of Representatives.
5.3 The private property and incomes of His Majesty the King shall be taxable pursuant to the laws.
5.4. Actions of His Majesty the King shall be questionable in the House of Representatives or in the court of law.
5.5 The current Royal Household Service shall be incorporated into the Civil Service.
5.6 The security arrangement for the Royal Palace shall be as prescribed by the Council of Ministers.
6. The current problem of the citizenship shall be resolved soon.
7. The current "national anthem" shall be changed into a new alternative composition.
8. Nepal shall be a secular state.
9. Miscellaneous
(a) All the state bodies and entities shall consider their rights delegated by this House of Representatives, and shall
exercise their rights with full faith in the House of Representatives.
(b) Officials holding specific public offices shall take an oath of office in the format and in the specified manner
prescribed by the House of Representatives. Officials failing to take such an oath of office shall be relieved from
their positions.
(c) All the provisions made in the Constitution of the Kingdom of Nepal of 1990 and in other current laws contradicting
this Declaration shall be annulled to the extent of contradiction.
(d) The House of Representatives by its decisions shall remove any difficulties and problems faced in the course of
implementing this Declaration.
(e) There shall be a committee of the House of Representatives for implementing the sub-clauses (c) and (d).
(Siddhi B. Ranjitkar translated the Nepali text of the Declaration made by the House of Representatives of 2006 (2063)
published in the state-run newspaper called ‘Gorkhapatra’ on May 19, 2006 into English)
[2] The full text of the king's address to the nation delivered on the state-run Nepal TV simultaneously aired by other
independent TV stations at 11:30 P.M. on April 24, 2006 and published in the state-run newspaper “The Rising Nepal” on
April 25, 2006 is as follow:
Beloved Countrymen,
Convinced that the source of State Authority and Sovereignty of the Kingdom of Nepal is inherent in the people of Nepal
and cognizant of the spirit of the ongoing people’s movement as well as to resolve the ongoing violent conflict and
other problems facing the country according to the road map of the agitating Seven Party Alliance, we, through this
Declaration, reinstate the House of Representatives which was dissolved on 22 May 2002 on the advice of the then Prime
Minister in accordance with the Constitution of the Kingdom of Nepal-1990. We call upon the Seven Party Alliance to bear
the responsibility of taking the nation on the path to national unity and prosperity, while ensuring permanent peace and
safeguarding multiparty democracy. We also summon the session of the reinstated House of Representatives at the Sansad
Bhawan (parliament building), Singha Durbar at 1 P.M. on Friday, 28 April 2006.
We are confident this House will contribute to the overall welfare of Nepal and the Nepalese people.
We extend our heartfelt condolences to all those who have lost their lives in the people’s movement and wish the injured
speedy recovery. We are confident that the nation will forge ahead towards sustainable peace, progress, full-fledged
democracy and national unity.
May Lord Pashupatinath bless us all!
Jaya Nepal!
[3] Nepalnews.com by May 18, 2006
[4] Nepalnews.com mk May 18, 2006, The Rising Nepal, May 19, 2006
[5] The Himalayan Times Online May 18, 2006
[6] The Himalayan Times Online May 18, 2006
[7] Nepalnews.com May 18, 2006, by Indra Adhikari
[8] Khaleej Times Online, May 19, 2006
[9] People’s Daily Online, May 20, 2006, Source: Xinhua
[10] Khaleej Times Online, May 21, 2006
[11] Daily News and Analysis (DNA), Seema Guha, Friday, May 19, 2006
[12] Underprivileged People
[13] The Rising Nepal, May 21, 2006
[14] The Rising Nepal, May 20, 2006
[15] The Rising Nepal, May 20, 2006
[16] The Rising Nepal, May 20, 2006
[17] Nepalnews.com pb May 21, 2006
[18] Nepalnews.com pb May 20, 2006
[19] Nepalnews.com pb May 20 06
[20] Nepalnews.com by/pb May 19 06
[21] Nepalnews.com by/pb May 19 06
[22] ZEE NEWS May 23, 2006, Islamic Republic News Agency, May 23, 2006
[24] Nepalnews.com mk May 21, 2006
[25] Nepalnews.com May 24, 2006, By Pratibedan Baidya
[26] Nepalnews.com May 24, 2006, By Pratibedan Baidya
ENDS