Hello Mr. President,

How have you been? Am good, thank you if you did ask me back. Your counter-action to overrule PM Puspha Kamal Dahal’s marching order to Army Chief Rookmangud Katuwal seems to be making headlines these days and your actions seem to have dragged a respectable institution into a deep controversy.

Many believe you have crossed your limits as a ceremonial President, including me as well but you defend your move by saying you acted to save country from accident remaining within a constitution. I am not a legal eagle but still I have few questions which I hope you would answer.

I agree with you that PM Dahal made a blunder mistake by trying to force his unilateral decision on Army Chief stepping on constitutional limitations. He ignored your repeated requests to seek national consensus on the issue. Definitely confusing provisions of Army Act 2063 B.S. (2006) on incumbent army chief, which people define suiting themselves, gave you and PM Dahal a room to interpret in own way. PM Dahal made constitutional blunder and took stern step. (Let’s not talk about PM Dahal’s actions here, instead let’s focus on your action.)

Not any constitutional provision allows you to write letter at the midnight to reinstate Army Chief. Pardon me, if this merely literate misunderstood the constitution. After your action I read the constitution wondering whether there’s such provision, but I couldn’t find any.

You argue that Nepal’s Interim Constitution looks up to you as a guardian of constitution and also made you Chief of whole Army. So to protect constitution and country from grave accident you took such hasty steps. But my point is: Did you realize that very same constitution which made you guardian also made PM a sole executive power holder. Article 37 (1) clearly states that: The executive power of Nepal shall, pursuant to this Constitution and other laws, be vested in the Council of Ministers which means PM.
In every west-minister style democracy like ours, ceremonial heads have no executive authority at all. No head of state can over-ride executive Prime Minister, all head of state can do is stamp the decisions of PM. But if, head feels the decisions are wrong, then he can ask government to reconsider the decision. If that’s not enough, head of state can seek opinion of Court or Legislature for final decision but you followed none. Following which article you wrote letter?

You say that as the commander in chief of Army, you have right to intervene issues related to Army but did you realize that Article 144 (4) states that all you can do is take actions on recommendation of Council of Ministers i.e. PM.

And you also claim that to protect country and democracy from grave accident, you took reinstating step. Could you explain what kind of grave accident you are talking about? Was army going to act on some revolting sinister plan or was there situation of direct foreign intervention or any other unimaginable crisis? You need to explain to us, the people. If you only talk about unseen accidents that are visible to you only, then could you imagine that we believe you? Give us details.

Your overzealous interpretation of authority has created multiple power centers in the country. Considering difficult scenarios that could arise from such crisis, PM Dahal has resigned. Country is feeling the heat. Such decisions could seriously hamper the peace process and constitution writing process. This issue have already polarized the political parties and hampered the daily business. Instead of taking initiative to bridge the widening gap between parties, you chose confrontational step. Another mistake to correct previous mistake cannot be justified.

Still it’s not late. You can rectify the decision and correct the blunder. You can issue statement explaining under what circumstances you took such decisions and firm support to ceremonial Presidential system as envisioned by our constitution.

If our Army Chief feels he’s been victim of injustice he can take course of court. There’s court to listen and interpret laws and constitution. No actions of breaching constitution can be justified in any name especially from you. You are our first President and your every action sets precedent for future. So please take your steps wisely.

Mr. President, I know these unasked words from this mere citizen might not be any value for you. All I want is spirits of April Uprising be respected, Democracy and Republic be properly institutionalized.

I hope I didn’t offend you. If I did, please forgive me considering me as one of your child.

Sincerely Yours,
Rabindra Gurung