WI THOUT F EAR O R F A V O U R Nepal’s largest selling English daily Vol XXVIII No. 245 | 8 pages | Rs.5 O O Printed simultaneously in Kathmandu, Biratnagar, Bharatpur and Nepalgunj 35.6 C 2.0 C Sunday, November 01, 2020 | 16-07-2077 Janakpur Jumla Oli is in a tight spot, again, of his own making, insiders say Dahal and Nepal have ignored his overtures and are pressing for a Secretariat meeting to discuss all outstanding issues. TIKA R PRADHAN KATHMANDU, OCT 31 After Prime Minister and party chair KP Sharma Oli’s “unilateral” moves despite agreeing to take decisions on the basis of consultation and consen- sus, the faction led by the other chair, Pushpa Kamal Dahal, is once again building pressure on him. Over the last few days, Dahal ignored Oli’s overtures. More than half a dozen leaders close to Oli have made rounds of Dahal’s residence in Khumaltar. According to sources, Oli and Dahal, who used to have a meeting almost every day, had not met for the last 11 days. On Saturday, Dahal reached Baluwatar and held a FILE PHOTO meeting for around two hours. Dahal KP Sharma Oli is now seeking a meeting of the party Secretariat, according to leaders conflict in the party. The decision said close to him. the prime minister will take decisions Insiders say the current situation in on major issues in consultation with the party arose because of Oli himself, the other chair and the party as he refused to abide by the party’s Secretariat. decisions. “But Oli failed to do so,” said the POST PHOTO: DEEPAK KC “Oli must comply with the deci- Standing Committee member, also a Kathmandu Valley as seen south from the vantage point of Jamchen Vijaya Stupa at Thule Gaun in Budhanilkantha. sions taken by the party’s September member of the task force. “Oli will 11 Standing Committee. Or else he will face a tough time if he refuses to abide have to face the consequences,” said a by party decisions.” Standing Committee member who did After the September 11 decision, the not wish to be named. seven-week-long tug-of-war was said The Standing Committee had to have ended. Some insiders, howev- endorsed a 15-point decision drafted er, had told the Post that they won- Strengthening constitutionalism strengthens by a six-member task force which was dered how long the truce will last. democracy, analysts say formed to resolve the months-long >> Continued on page 2 Experts stress wider discourse on constitutionalism amid incidents in which those tasked with implementing the constitution have been brazenly trampling upon it. BINOD GHIMIRE KATHMANDU, OCT 31 Amid tensions in Karnali Province after a group of provincial members moved a no-confidence motion against Chief Minister Mahendra Bahadur Shahi, the Nepal Communist Party central leadership intervened, instructing leaders to settle the dispute. Prime Minister and party chair KP Sharma Oli then made a statement that provinces are “administrative units” under the federal government. This was the second time Oli made such a reference to provincial govern- ments. Oli’s statement quickly raised ques- tions if he is still discarding federal- ism, which was guaranteed by the constitution adopted in 2015. Nepal’s constitution that declared Nepal a democratic federal republic turned five last month. Observers, however, say over the years, many of the key agencies, most notably the federal government, and political leaders in Kathmandu have taken so many actions that undermine the spir- POST ILLUSTRATION: KRISHNAGOPAL SHRESTHA it of the constitution. The constitution ensures three elected governments at the federal, provincial and local levels. According to them, the fundamental problem is Nepali leaders who drafted implementing the constitution. How become strong when the judiciary is the constitution themselves have can we expect constitutionalism to weak.” failed to comprehend what constitu- strengthen under him.” According to him, democratic prin- tionalism means. According to Britannica, constitu- ciples, federalism, republicanism, sec- Experts on constitutional and polit- tionalism refers to efforts to prevent ularism and inclusion—the pillars of ical affairs say sovereignty vested in arbitrary government. At its most the constitution—have come under the people, limited government, the generic level, arbitrariness consists attack in several instances. principle of separation of powers, in the capacity of rulers to govern “There seems to be a lack of under- independent judiciary, human rights wilfully—that is, with complete dis- standing about constitutionalism,” and fundamental rights and inclusive cretion—and to serve their own inter- said Bhandari. governance system are the compo- ests rather than those of the ruled, the Raju Prasad Chapagain, chairper- nents of constitutionalism. encyclopedia defines. son of the Constitutional Lawyers’ The breach of any of these compo- Constitutionalism attempts to avoid Forum, said in the simplest form, con- nents means an attack on constitu- these dangers by designing mecha- stitutionalism is adherence to a con- tionalism. nisms that determine who can rule, stitutional system of government. Vijay Kant Karna, a professor of how, and for what purposes. But how? Actions of the executive, the legisla- political science at Tribhuvan That’s where the principle of sepa- tive function of parliament, the judici- University, said the very concept of ration of powers is quite important, ary’s role and constitutional bodies’ constitutionalism is strengthening say experts. constant watch to ensure proper the institutions and prioritising insti- Nepal’s constitution provides for checks and balances as well as media tutional governance. checks and balances by dividing and civil society’s call for accountabil- “I see a huge gap between the con- the government into three parts ity are necessary to strengthen consti- stitutional order and political pro- —the executive, the legislative and the tutionalism, according to him. cess,” Karna told the Post. “The major judiciary. “However, except the media and concern is Oli, who was never for fed- According to senior advocate civil society, to some extent, no other eralism, has been given the task of Surendra Bhandari, any of the agency has performed their expected branches overriding another roles, thereby weakening constitution- results in a breach of the princi- alism,” said Chapagain. ple of separation of powers, Experts say public frustration will thereby crushing the very idea grow if the state machinery fails to of constitutionalism. function effectively and independent- Oftentimes, says Bhandari, ly which will ultimately increase dis- the judiciary appears to be tak- trust in the constitution. ing a position not to antagonise The present constitution is the sev- the executive. enth introduced in a span of as many “This is because meritocracy decades in Nepal. has often been compromised “Strengthening constitutionalism while picking judges and justic- is necessary to ensure that the present es,” Bhandari told the Post. “We constitution lasts long and becomes can’t expect constitutionalism to more effective,” said Chapagain. C M Y K SUNDAY, NOVEMBER 01, 2020 | 02 NATIONAL Private hospitals in Biratnagar are charging Covid-19 patients exorbitantly Private hospitals are demanding a deposit of Rs 100,000 to Rs 300,000 from each Covid-19 patient, locals say. BINOD BHANDARI patients, Rs 7,000 to patients with mod- BIRATNAGAR, OCT 31 erate ailments and Rs 15,000 for criti- cal care services a day. Forty-five-year-old Naramaya Magar Nobel Medical College charges Rs of Katnuwa in Ratuwamai 5,000 per day for patients in general Muncipality Ward No. 10 committed ward, Rs 15,000 per day for patients in suicide on Monday night. She ICU facility without ventilator facili- had tested positive for Covid-19 the ties and Rs 18,000 to patients in ICU same day. with ventilator facility. The hospital According to Magar’s family, she also demands Rs 100,000 deposit from was taken to Biratnagar-based Nobel each Covid-19 patient before taking Medical College for treatment after admission. her PCR report came positive. However, Narayan Dahal, manager However, the hospital demanded a at the hospital, said, “We are only tak- deposit of Rs 100,000 for her to get ing deposits that equals the charge of admitted at the hospital. a day. We are not taking Rs 100,000 “We could not deposit the amount from a Covid-19 patient.” so we took her back home. She com- Currently, there are 85 Covid-19 mitted suicide the same night,” said patients in the hospital. According to Sujan Magar, the deceased’s relative. Dahal, 37 patients are in the general This is just a case that shows how ward, nine are in the ICU with a venti- difficult—and expensive—it is for lator facility and the remaining others Covid-19 patients to receive treatment are in the ICU facility. in Biratnagar. Likewise, Birat Medical College has A week ago, the federal government been demanding a deposit of Rs had announced to discontinue free 300,000 from each Covid-19 patient in test and treatment of Covid-19 the ICU with charges ranging from Rs POST PHOTO: KABIN ADHIKARI patients, except for certain groups 25,000 per day for ventilator service Women wash their hair and do the laundry at a natural water source near Chappal Karkhana in Kathmandu. With the onset of the dry season, such springs serve thousands of including the helpless, impoverished and Rs 15,000 without it. According to people in the water-scarce Valley. and disabled. Since then, private hos- the hospital sources, the health facili- pitals in Biratnagar have been charg- ty takes Rs 100,000 deposit and Rs 8,000 ing exorbitant amounts to Covid-19 per day from those staying in the gen- patients.