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Amberish K Diwanji
Nepal's Raj Parishad has the final say in anointing the king of Nepal. While Crown Prince Dipendra, who also assassinated his father King Birendra, has been declared monarch, with his uncle Prince Gyanendra (King Birendra's younger brother) as regent, this is by no means the final call.
The 1990 constitution of Nepal has entrusted this important task to the Raj Parishad (royal council), but within strict parameters.
What are these parameters? Firstly, Part 5 of the Nepalese constitution, which is on the king of Nepal, lays down clear terms on who can ascend the throne:
Article 25 of the constitution is as follows:
1. In this Constitution, the words "His Majesty" mean His Majesty the King for the time being reigning, being a descendant of the Great King Prithvi Narayan Shah and an adherent of Aryan Culture and the Hindu Religion. 2. His Majesty is the symbol of the Nepalese nationality and the unity of the Nepalese people. 3. His Majesty is to preserve and protect this Constitution by keeping in view the best interests and welfare of the people of Nepal.
Thus, the new king can, as is the norm globally, can only be from the immediate royal family or those related directly to the first family from the male side.
In matters of succession, Article 28 states:
1. Nothing in this Constitution shall affect the custom, usage and tradition relating to the order of succession to the Throne by the descendants of His Majesty. 2. His Majesty shall have the exclusive power of enacting, amending and repealing the law relating to the succession to the Throne by His descendants.
The custom and tradition is the law of primogeniture, which means that the eldest son shall follow the dead ruler, and if that is not possible, the next nearest relative, usually the eldest brother of the dead king.
Thus far, the announcement that Crown Prince Dipendra is the new king and his uncle Gyanendra the regent is as per the Nepalese law and traditions.
However, the 1990 constitution has clearly given the Raj Parishad (royal council) a hand in the succession stakes.
The Raj Parishad is a body set up by the king which also comprises the top establishment of the country as its ex officio members such as the prime minister, chief justice, army chief, besides members of the royal family who are appointed by the king. Its powers include declaring the successor to the king and appointing a regent if the king is underage or incapacitated for whatever reason.
Within the Raj Parishad is a standing committee, comprising of 15 members chosen by the king, including a chairman, and ex officio members such as the prime minister, chief justice, speaker of the house of representatives, chairman of the national assembly, Bada Gurujya (chief advisor to the king) and the commander-in-chief of the armed forces.
It is the chairman of the Raj Parishad's standing committee who summons a meeting of the Raj Parishad when the king dies or if one-fourth of the Raj Parishad members petition him to do so. Currently, the Raj Parishad has met in Kathmandu to chalk out further action.
Now, if two-thirds of the Raj Parishad members present vote to declare the king insane, in such a situation the regent is effectively the crown prince.
Thus, even as Prince Dipendra is now crowned king, his monarchy runs the risk of coming under the regent, his uncle Prince Gyanendra, should the Raj Parishad declare him insane.
While reports indicate that Dipendra is alive, he is still critical, reportedly 'brain dead.' In such a situation, the Raj Parishad will have to decide soon on whether Dipendra can continue or whether Prince Gyanendra should assume the monarchy.
There is another interesting angle.
The constitution clearly states that the king cannot be tried for any crime committed by him in the courts. However, when Dipendra assassinated his father, he was not the king but only the crown prince. The constitution does not grant the prince blanket immunity.
The question is: Can the king be tried for crimes committed when he was the prince? Nepalese legal pundits have to decide on that.
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EXTERNAL LINKS The Constitution of Nepal All about Nepal Laws of Nepal The Cabinet Information on Nepal The World Factbook: Nepal Nepal News The Nepal Media Nepal Home Page Government and Politics Directory Political History Embassy of India Embassy World New York Times: Royal Family of Nepal Are Killed in Palace Shooting
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