Nepal and Indian elections

India, the world's largest democracy, is busy holding the 18th Lok Sabha elections which will conclude on June 1. The global community is closely watching the outcomes of these elections. With its burgeoning population having surpassed China's, India is on track to claim the mantle of the world's third-largest economy by 2030. As a key player in the Indo-Pacific region and a torchbearer for the Global South, India's policies, both domestic and foreign, resonate far beyond its borders.

The significance of India's elections reverberates throughout the region. While there are widespread projections that the ruling Bharatiya Janata Party (BJP) will win a third consecutive term, with Prime Minister Narendra Modi continuing in office, opposition parties are expected to strengthen their position compared to the 2019 elections.

The election outcomes in India are of particular significance for South Asian nations including Nepal, where India wields deep political, economic and military influence. In 2014, upon assuming power with a resounding victory, Prime Minister Narendra Modi reinvigorated the 'Neighborhood First' policy, although he failed to achieve the expected outcomes. 

To demonstrate the BJP government's priority for neighbors, he invited the heads of state and government from South Asian countries to attend his swearing-in ceremony. When re-elected in 2019, Modi continued the 'Neighborhood First' policy by inviting BIMSTEC (Bay of Bengal Initiative for Multi-Pectoral Technical and Economic Cooperation) member countries to his swearing-in ceremony. If re-elected for a third term, the BJP government is likely to maintain the 'Neighborhood First' policy, although India has been focusing more on regions beyond South Asia in recent years. 

Despite occasional highs and lows, the trajectory of Nepal-India relations points toward a positive outlook, poised to weather the complexities of shared history and future aspirations.

Over the past decade, under Modi's leadership, Nepal-India relations have witnessed many highs and lows. However, the relationship is moving in a positive direction, which should continue even after the elections.

Crucial issues such as the 1950 Peace and Friendship Treaty and boundary disputes remain on the diplomatic agenda, albeit the two countries approach them with varying degrees of emphasis. Nevertheless, the two neighbors recognize the imperative of fostering trust and stability to navigate these challenges successfully. A notable shift in India's approach to the internal affairs of its neighbors signals a promising era of cooperation built on mutual respect and understanding.

The BJP government has changed its approach on how to view the internal political affairs of South Asian countries which has helped to build an environment trust.

One encouraging signal is that economic collaboration has emerged as a cornerstone of bilateral relations, with a growing focus on development partnerships and infrastructure projects. Despite changes in political leadership, the momentum in bilateral engagements remains steady, underpinning a commitment to sustained progress and prosperity.

Over the past three decades, India has faced charges of not completing development projects for extended periods. However, several bilateral projects are now making progress, ultimately helping to build an environment of trust. Recent visits by Nepali leaders to New Delhi and Indian leaders to Kathmandu have focused on enhancing economic and development partnerships. The energy cooperation agreement between Nepal and India has paved the way for regional energy cooperation, with Nepal positioned as a clean energy provider to the region. 

As India's economy continues to rise and rise, and major multinational companies shift their industries to India, Nepal, which shares an open border, should get the opportunities. India could become a destination not only for unskilled Nepali workforce but also for highly skilled professionals in sectors such as education, health, IT, banking, and others, which have not received much discussion. Both Nepal and India should seriously consider these issues and clearly outline their plans to derive economic benefits from India's rising economy. These matters should be taken seriously regardless of which party comes to power.

Amid robust economic collaboration between two countries, over the past few years, Nepal is witnessing a debate about the growing ideological influence of BJP in Nepal. In recent years, there has been a perception among Nepali leaders and the public that the BJP and its affiliates are pushing for a Hindu agenda in Nepal. It is often said that they are suggesting (sometimes pressuring) Nepali leaders to scrap secularism and go for the Hindu state. There are also reports that various organizations linked with the BJP are active in Nepal with their Hindu agenda. 

While Nepal's top leaders are aware of those issues, they have not spoken publicly. However, they want to discuss those issues with Indian leaders. BJP leaders should be mindful that such efforts could again strain the bilateral relationship, which has reached a new level after sustained efforts from both sides. It would be worthwhile to recall India's approach to the demands of Madhes-based parties, mainly after 2017, which helped enhance the bilateral relations.

Many Nepali politicians and analysts view the growing activities of Hindu organizations as an attempt to overturn the 2015 constitution. This suspicion among Nepali politicians obviously does not help enhance the bilateral relationship. There should be frank and open discussions between the two sides, not only on these issues but also on other issues of mutual concern. 

India's relationship with global powers also affects its South Asia policy. The India-US strategic partnership is likely to be enhanced, but there are divergent views on several bilateral and global issues, including the Russia-Ukraine war. The India-China relationship is unlikely to improve for at least the next few years. As I have highlighted in my previous columns, Nepal's approach should be not to engage in the big-power rivalry but to focus on economic development.

The future of Nepal-India relations hinges not on fleeting political interests but on a shared commitment to long-term prosperity and mutual respect. By prioritizing economic and developmental collaboration, both nations can chart a course toward a brighter, more interconnected future.

Make Nepal a land of truth

People create laws and constitutions for themselves, then execute, implement and follow these laws as part of their civic duty. This process is common across the globe. The only times when individuals are exempt from following the law are at birth and at death. Otherwise, throughout their lives, people must abide by the law to maintain order and be seen as living a disciplined life.

As social creatures, humans naturally form communities and live among others. This need for social connection underscores the importance of fostering brotherhood and maintaining cordial relationships with one another. It’s through these positive interactions that harmony is created and sustained in society.

In today’s society, however, it’s apparent that many people, politicians and political parties often do not follow the rules and laws they are supposed to uphold. This lack of adherence to the rule of law has led to a breakdown in social harmony and an environment where breaches of legal and ethical standards are common. The authorities frequently enjoy absolute impunity for violating both political and economic rights, undermining the principle of justice that should be central to governance.

This disregard for the rule of law has contributed to growing social and religious conflicts. When those in power are not held accountable, it creates an atmosphere of mistrust and division among the people. Without a consistent enforcement of the law, the development and stability of society and the country are at risk. To move forward, it’s crucial that laws are respected and applied evenly, without favoritism or corruption, ensuring that everyone is subject to the same legal standards. This is the only way to rebuild trust, promote social harmony and foster sustainable development.

To address these issues, laws are needed to combat false accusations, rumors and hate speech. While Nepal has laws and regulations in place for these matters, they are not sufficiently strict, allowing people and political leaders to engage in character assassination with impunity.

Lawmakers in parliament must set an example through their conduct and language, presenting their opinions with discipline and respect. Since they represent the people of an entire nation, they should model behavior that is appropriate and considerate. It’s crucial to define the acceptable boundaries and types of language used when criticizing others. Even when someone is guilty of wrongdoing, there are other ways to hold them accountable without resorting to hate speech or personal attacks. The same applies for the bureaucrats.

Stronger enforcement of existing laws and the establishment of clear guidelines on acceptable discourse in public forums can help prevent the spread of harmful rhetoric and promote a more respectful and constructive political environment. Hate speech should never be tolerated, and strict measures must be taken to discourage and penalize those who engage in it.

The behavior and speech patterns of a country’s people reflect the nation’s culture and level of civilization. If we neglect to address these aspects, how can we cultivate a healthy culture and civilization? This disregard for cultural development will prevent the country from progressing in a positive direction.

Currently, the nation is engulfed in confusion because we struggle to discern who is telling the truth and who isn’t. Even those we consider our protectors and leaders often fail to be truthful, creating further uncertainty.

To address this issue, we need laws that promote honesty and respect for others. Anyone who spreads falsehoods or incites hate should face consequences, regardless of their position. This should apply universally, whether the individual is an ordinary citizen, a politician, a bureaucrat, or even a judge. If someone engages in spreading misinformation or hatred, they must be held accountable and face appropriate punishment.

In addition, it’s crucial to scrutinize the integrity of lawyers as they present their cases in court. Legal professionals should be held accountable for the accuracy of the facts they submit during trials. This ensures that justice is based on truth and prevents manipulation or distortion of evidence.

Furthermore, court verdicts should also undergo rigorous examination to ensure that decisions are fair, unbiased and founded on accurate information. Every part of the judicial process must be rooted in honesty to maintain public trust in the legal system.

Ultimately, the commitment to truth should extend across all areas of society. No matter who you are or what role you play, practicing honesty and promoting integrity are essential for building a just and ethical community.

The media plays a pivotal role in disseminating information, which means it must be held to high standards of accuracy and responsibility. Given that misinformation and disinformation are significant threats on a global scale, media organizations must be checked to ensure they are not contributing to these problems.

Nepal should strive to become a land where truth is valued and upheld in all aspects of society.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades

Populism and Nepal’s democracy

Following the recent general elections, minor political parties entered the arena with the aim of securing a role in governance, capitalizing on the current electoral framework where no single party can secure a parliamentary majority. Despite initial anticipation of an ideological shift when the Maoist party engaged in the peace process and formed an alliance with the CPN-UML, the coalition fell short of such expectations. Nepali politics is viewed by analysts as being at a critical juncture due to governmental instability, rampant corruption and policy dilemmas. While Nepali people hoped for a lean and efficient administration under democracy, political entities in Nepal failed to deliver on this promise. Instead, the existing governmental structure appeared more bureaucratic and financially burdensome to Nepali taxpayers. Nepal witnessed one of its weakest coalition governments in recent memory, with governing partnerships shifting thrice within a year, reminiscent of past ruthless practices and corrupt leadership.

Even purportedly new political entities became entangled, directly or indirectly, in this murky landscape. Nepali people must understand that a new political party does not inherently equate to moral or ethical integrity. Without ethical leadership, genuine renewal cannot occur. The proliferation of new political parties poses a challenge to Nepal’s democracy and the establishment of a stable governance framework. Hence, analysts must scrutinize emerging trends, including the involvement of Rastriya Swatantra Party (RSP) in Nepal’s current government.

Analysts assert that RSP emerged from popular sentiments and crowd-driven notions rather than a coherent political ideology. When a political entity originates from populism, it may lack a clear political agenda, principles and policies. Parties’ lack of principles can undermine democracy, as voters may struggle to access accurate information to make informed choices. Furthermore, in the absence of political principles, a party risks becoming the personal domain of its leader, sidelining the interests and agendas of others. Populist ideas have the potential to conceal decision-making processes and mislead the public. Without a solid political ideology, populist agendas may clash with the nation's established plans and policies, resulting in misguided policy decisions. Populist leaders often adhere strictly to their scripted agendas, sidelining other parties from meaningful discussions.

Under CPN (Maoist Center) Chair Pushpa Kamal Dahal-led ruling alliance, RSP has emerged as a significant political force, bearing substantial responsibility and accountability to the Nepali people. However, numerous uncertainties linger regarding the RSP and its leadership. Establishing a political party necessitates several key components: a clear political ideology, organizational structure, committed party members and integrity. Regrettably, RSP lacks all four elements. A robust political ideology serves as the cornerstone of a democratic political party, providing the framework for policy formulation. The absence of such an ideology and principles has downgraded RSP to a populist entity born from popular sentiment rather than sound political doctrine. In a democracy, people reserve the right to inspect their political leaders, and governments and political parties must remain answerable to the people. However, RSP has been quick to silence dissent and avoid pertinent inquiries, raising concerns about its commitment to transparency and accountability.

RSP lacks a robust political infrastructure, functioning more as a non-profit organization where social activists deflect blame onto others without assuming responsibility themselves. Examination of their core leadership reveals a predominance of individuals from elite backgrounds or higher economic layers, primarily residing in urban centers. RSP primarily focuses its activities on urban politics, capitalizing on the ability to amass crowds. The party’s president, Rabi Lamichhane, signals from a media background, using his platform to criticize the government and spread misinformation rather than addressing genuine issues. Lamichhane has adopted a quasi-superhero persona, presenting himself as capable of resolving all challenges through seemingly magical means. Despite his involvement in numerous controversies and disputes within Nepali media and politics, no conclusive resolution has been reached under legal frameworks. Major political parties have exploited Lamichhane for their gains, not bothering to address controversies surrounding him.

Nepal’s major political parties have diligently instructed their members on political ideology and beliefs, yet RSP has faltered in establishing a coherent political ideology and grassroots organization. Instead, RSP relies on amassing followers from the masses without implementing any effective control mechanism. It’s common knowledge that unguided crowds can turn toward chaos and pose a threat to democracy by disregarding laws and regulations. Therefore, RSP must evolve into a responsible democratic political entity, addressing unanswered questions and being accountable to the public. The rise of populism and crowd-driven politics worldwide over the past decade, exemplified by movements like the Mega Republicans in America and radical Hindu nationalists in India, poses a significant risk to democratic institutions and norms. Any embrace of nationalist radicalism could jeopardize Nepal’s overall development and its democratic foundation.

Integrity stands as a crucial pillar for the advancement of democracy. Unfortunately, all political parties in Nepal have fallen short of maintaining integrity to some extent, leading to results of large-scale corruption and conflicts of interest. Despite positioning itself as a viable political alternative, RSP cannot afford to emulate the shortcomings of established parties. Instead, it must exemplify honesty, moral integrity and ethical standards. Regrettably, RSP’s president, Lamichhane, has repeatedly failed to demonstrate honesty and ethical conduct, particularly in relation to an illegal passport case and a cooperative fraud. Moreover, his selection of ministries directly linked to these controversies highlights a clear conflict of interest, further underscoring his lack of integrity. Various incidents involving RSP leaders in controversial situations have been concealed by the party, weakening trust among the people and worsening damage to Nepal’s democratic fabric. When those claiming to offer an alternative view regard themselves as above scrutiny and disregard pertinent questions, public trust is undermined, leading to further harm to Nepal’s democracy.

The prevailing challenges to democracy around the world encompass populism, crowd-centric politics and leaders who undermine established institutions while advocating against traditional governance. Populist figures prioritize personal interests and political gains, deflecting blame onto others for every issue. In the Nepali context, most populist leaders prioritize attaining power rather than fostering long-term economic agendas and developmental strategies. The surge of crowd-centric politics stems from the failures of conventional political parties, which have either failed to address or neglected the people’s priorities. Regardless of the underlying reasons, populism presents a significant danger to democracy and governance, underscoring the importance of responsible political entities and leadership dedicated to nurturing liberal democratic values and fostering trust within society. Crowd-centric organizations can’t serve as a sustainable solution for Nepal’s long-term development. Instead, there is an urgent need to establish a streamlined government alongside an effective electoral system.

The opinions expressed in this article are the author's sole responsibility and do not reflect the views of any organization with which the author is professionally affiliated

The dual role conundrum: CAAN as a service provider and regulator

The Civil Aviation Authority of Nepal (CAAN) is essential for an effective and safe operation of the nation’s aviation sector. However, because of its dual function as a service provider and a regulator, a major issue has emerged. This article examines the complexity of this conundrum, potential conflicts of interest, and ramifications for Nepal’s aviation industry.

Civil aviation authorities are often established to govern and control the aviation sector by setting safety standards, providing licenses and monitoring compliance. However, CAAN also offers a number of aviation-related services in Nepal, such as flight navigation, airport management and air traffic control. Concerns regarding potential conflicts of interest and objectivity in regulatory judgments are brought up by this duality.

A civil aviation regulator’s main responsibility is to guarantee the security and safety of aviation operations. To prevent accidents and incidents, regulatory organizations must implement high standards, conduct audits and monitor compliance. Questions concerning an aviation authority’s ability to maintain strict monitoring and objectivity arise when it acts as a service provider. The worry is that regulatory choices can be influenced by the need to sustain service revenue.

The inherent conflict of interest in the dual function issue is a crucial component. The authority’s financial interests as a service provider may conflict with regulatory choices made in the interest of safety. Transparency, accountability and public trust are all crucial components of an effective regulatory environment, yet they are all undercut by this contradiction. The possibility of conflicts of interest is one of the key issues brought on by CAAN’s dual duty. As a service provider, CAAN might put its own financial and operational interests ahead of those of others, which could occasionally conflict with its obligations as a regulator to uphold safety and fair competition. For instance, CAAN’s own financial success as a service provider might have an impact on decisions regarding the construction of airport infrastructure.

In order for regulation to be effective, it must be fair and open. There may be concerns about CAAN’s independence when the same organization is in charge of both the provision of services and their regulation. Fair and consistent laws that put the public interest ahead of financial gains are essential for the safety and expansion of the aviation sector.

The aviation industry in Nepal has been steadily growing, drawing both domestic and foreign firms. It is critical that CAAN’s interests as a service provider are not taken into account when making regulatory decisions in order to maintain a healthy and competitive market. If new entrants feel there aren’t any level playing fields, this situation can put them off.

In many nations, the civil aviation authority only performs regulatory duties, leaving other organizations in charge of providing services. By ensuring clearer lines between regulation and operation, this separation reduces possible conflicts and increases openness.

Nepal may think about changing the functions of CAAN to handle the conflict. Separate organizations for regulatory monitoring and service delivery could be established to help prevent conflicts of interest and advance a more open and competitive aviation sector. A step like this would bring Nepal’s practices in line with the world’s best practices and promote the security and development of the industry.

Several options could be investigated in order to overcome the difficulties arising from CAAN’s multiple roles:

Role separation: One strategy is to totally divide the regulatory and service provider roles. To ensure a sharper focus on safety and impartiality, this would need the creation of separate institutions responsible for regulation and service provision.

Strict governance and transparency: In order for CAAN to continue serving in both of its responsibilities, a strong governance structure and transparency tools need to be put in place. To manage conflicts of interest and guarantee that financial concerns are not influencing regulatory decisions, clear standards can be set.

Consultations with the industry: Involving stakeholders from the aviation sector in decision-making processes can help spot potential conflicts and guarantee impartial viewpoints. This strategy may result in cooperative solutions that put fairness and safety first.

CAAN faces a difficult issue because of its dual function as a service provider and a regulator. For the aviation sector to grow sustainably, the proper balance between meeting its requirements and guaranteeing impartial regulation must be struck. Nepal can overcome this challenge and establish a more open, secure and competitive aviation environment by embracing international best practices and reorganizing its functions.