What
is
Rule of law
The
rule of law is the principle that governmental
authority is legitimately exercised only in accordance
with written, publicly disclosed laws
adopted and enforced in accordance with established
procedure. The principle is intended to be a safeguard
against arbitrary governance.
Since we have
lived so long under the arbitrary rules and regulations
of Shah regime and Rana oligarchic system of
socio-political feudal way of life, the public
awareness is necessary to make people fully understand
how to live under the rule of law that protect human
rights and civil liberty as per the Universal
Declaration of Human Rights by the United Nations.
The
new constitution must abide and respect the Universal
Declaration of Human Rights by the United
Nations.
The
mandate of the people's movement is for the complete
democracy. Thus new constitution of Nepal must abide
with the Universal Declaration of the Human Rights.
There should be no compromise for the ideological supremacy.
In complete democracy neither the totalitarian nor the
oligarchic feudalism have a place for supremacy.
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Democratic
Rule of the Laws
Complete
Democracy as per the mandate of the people's movement
II requires a truly democratic rule of law that
ensures political rights, civil liberties, and
mechanisms of accountability which in turn affirm the
political equality of all citizens and constrain
potential abuses of state power.
How
may the Complete Democratic rule of law be
conceptualized and, insofar as possible, empirically
gauged?
This
is a big challenge for the politicians, civil society,
human rights organization, journalist, lawyer,
intellectuals and perhaps for all the people of Nepal
who strive for justice and rule of law.
Those elites and executives of royal regime and those feudal
who love to control as per the oligarchic arbitrary
rule of law might not want to have such changes. Such
individuals are all over from the government agencies
to the political parties and from small village to the
big city and perhaps also in among the civil
society members and human rights activists.
The
challenge for civil society in Nepal is how to change
the mind of those feudal minded elites with arbitrary judgments,
religious supremacist, traditionally narrow minded, stubborn,
arrogant uneducated superstitious people to be law
abiding citizens. Such an achievement will take a
great patience and time, and steady efforts for the establishment.
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Pro-people
legislature
As per the mandate of the people's movement II the
legislators must be vigilant and rational to protect
the civil liberty and the human rights of people of
Nepal that complies the Universal Declaration of the
Human Rights and the legislature that nurtures
complete democracy.
There
should be no room for ideological differences,
religious propaganda, political parties and their
leaders power before legislations that is aimed to
achieve civil liberty, human rights protections and
establishment of complete democracy.
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Economic
Prosperity:
We
Nepali people despite of our pride for the nationality
and love of the country were kept in the cage for a
quarter of the century. Under the Rana autocracy we
were restricted from education and other human
resources to earn better living.
We
were prevented from doing business and industries. Yet
Shah regime and Rana oligarch brought people from
foreign soil to run the business and industries.
They
send their children to school abroad for better
education and we were kept in the dark and the dust under
fear of threat, superstitions and
ignorance.
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Uncorrupt
Executive:
As a matter of fact, for the achievement of the
complete democracy and stable government or Federal
cabinet the Prime minister must be elected by the
popular votes of the people of Nepal.
The
elected Prime minister can assemble the cabinet not
only from the elected lower house members of his or
her party but also from among the other parties in the
Parliament on the basis that the members of cabinet
must have some expertise and experience to govern the
country.
To
eliminate the practice of the oligarchic feudal system
of governance under Federal government logistics there
should be district level of electoral government
formed by the popular vote.
No
more central appointee for the district
administration. The post of chief district officer
must be abolished as oligarchic government practice.
Such appointees by the Federal government must
be unconstitutional.
District
chair - 'Governor', Members of the district assembly,
District chief of law enforcement officer, District Attorney,
District Judges must be in the general election ballot
to be elected by the popular vote.
From
among the elected district assembly members and the
Governor the cabinet should be formed to administer
the district.
The elected law enforcement officer should run the
police academy of the district.
The
elected district attorney should run the district prosecution
agency.
The
elected district judge should run the district's judiciary.
No
more oligarchic or feudal or totalitarian central
appointee to rule the homes of the people of
Nepal.
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Despite
our lack of educations and training for better human
resources we abide and lived under Shah regime's arbitrary
law. We paid our dues as a citizen of the nation.
Our
history proves that we are a good citizen of Nepal and
the world community. As in the hard times of poverty
and starvations we lived by rule of law no matter
despotic or arbitrary.
But
in the complete democracy we will learn to live under
the rule of law. The rule of law is the foundation for
economic prosperity. We believe that where there is
rule of law as per the mandate of the civil liberty
and human rights under the Universal declaration of
Human Rights there will be economic prosperity for
all.
In
Nepal the ordinary people will live by the rule and
will abide the rule of law. But the breach of law
and corruptions will occur among the elites in
government executives, political parties leaders,
corrupt businessmen and industrial entrepreneurs.
To
establish the rule of law the legislators must be
vigilant, sincere and farsighted to bring the bill for
law even to punish themselves if one of them violate
the law - of civil liberty or human rights or economic
corruption or public offence or crime.
Only
with that honesty we can build a new prosperous Nepal.
But if we are not honest and keep violating the law and
escape the justice with the power of nepotism and
favoritism, we will fail no matter how much money we
keep taking from the donors of the first world
communities.
Then
the feudal minded royalists will have a room to accuse
not only the parties and their leader but the
Democracy itself. They will cross the people's
movement and people will abide the feudal arbitrary
rule and regulations.
This
is the challenge to all of us who wish to establish
the rule of law. It is the question that we need to
answer whether we can live sincerely with our reality
that we are the citizens of the poorest nation on
earth and we need to work hard to take next steps.
This means we have to take that next steps ourselves
not by our donors. |
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Independent
Judiciary
Supreme
court of Nepal should be completely independent as per
the principle of separation of power to be transparent
as well as per the mandate of the people's movement for
complete democracy.
Supreme
judges should be nominated by the Prime minister for
hearing in the Parliament. Before the completion
of the nomination the legislators in the Parliament
must have complete hearing to examine the qualification,
personal background and the profile of the nominees
for the supreme court judges.
This
should be the procedure of the all nominees of the
supreme court as well as of the nominee of attorney
general. Without the complete hearing and approval
votes of the legislators the Prime minister's nominees
must not be appointed for the post.
Independent
judiciary shall not influenced or aligned by the
interest of the political parties, cabinets or other
body of the state. It should abolish the oligarchic
nepotism, favoritism and feudal mentality as per the
mandate of the people's movement for the complete
democracy to create New Nepal of 21st century.
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Economic
prosperity and rule of law go hand in hand. Where
there is well concentrated legislation with vision
there will be prosperity. Laws are not made to punish
people but to establish logistics for the social,
economic, and political establishments.
The
law enforcements have to come up from the grass root
levels of development in society. This means the
logistics of the law enforcement must come about with the
local level of responsibility.
For
example,
we can not send a law enforcement officer from
Kathmandu to control the district of Palpa. The law
enforcement officer (police officer) must be elected
in the local level or district level to run the police
academy for the accomplishment of the law enforcement
in the district. All law enforcement personnel must be
the permanent resident of the district.
Just
how to run the gun does not mean you are qualified
law enforcement officer. The law enforcement officers
must be aware of the Universal Declaration of Human
Rights and must thus respect all citizens' civil
liberty as his own civil liberty. Such training must
be legislated by the legislators of the Parliaments.
To
legislate does not mean you just articulate general
concept of the law but as a legislator one must think
about the law in minute detail with farsighted vision
to establish the logistics of law for implementations
or enforcements.
The
achievements of the complete democracy will depend on
the formations of the logistics and institutions to
establish the rule of law.
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