Provincial governments are running out of patience as the center delays promulgating necessary laws to operationalize the devolution of power. But none have been as vocal as the government of Province 2, largely because six of the seven chief ministers belong to the same party. For that reason, securing the provincial autonomy as enshrined in the constitution now largely depends on the activism of leaders of the Madhes province. Last week the co-chair of the ruling Nepal Communist Party (NCP) Pushpa Kamal Dahal ‘Prachanda’ warned Province 2 Chief Minister Lal Babu Raut against trying to ‘overtake’ the center, suggesting that federalism would fail if the provinces tried to preempt the federal government. This response came after the provincial government introduced legislation in the assembly to create its own police force.
For months chief ministers of all provinces have urged the center to expedite legislation in the federal parliament that clearly gives power to maintain a police force, hire civil servants and control their finances. Yet the center has done very little to ease the inconveniences these subnational governments face in the absence of these laws. Currently the provincial governments are in name only and they have very little authority on the ground to effect any change.
Prachanda should have nudged his co-chair and the prime minister instead of issuing these ominous threats. Yes, the center lays the ground for the operationalization of the federal structure. But nothing in the constitution prevents the provinces from legislating necessary laws so long as long as they do not contradict the provisions in the constitution. So the fear that the Province 2 and its leaders are somehow trying to secede is nothing but paranoia, further compounded by the ignorance of constitutional provisions that the leaders themselves signed on.
Some early conflict between the center and province is necessary to jumpstart forward momentum in the devolution of power. This is a conflict between those trying to find ways to preserve the status quo and those pushing for restructuring. Kathmandu’s political elite and their counterparts in the civil service aren’t quite ready to let go off the unitary system. Without the specter of some sort of constitutional crisis, the center seems unwilling to do its part.
In this case, the threat of preemptive action clearly worked: the Prime Minister’s Office (PMO) reached out to the Province 2 leaders, urging them to hold off certification of the legislation—promising swift action through an executive order on formation of provincial police force. The PMO is also said to have assured provincial leaders of required numbers of staff in next few weeks.
In an ideal world more provinces should take similar proactive actions on securing the autonomy the constitution has given them in governing their own affairs. But given the complete hold of NCP in six provinces and the reluctance of other chief ministers to challenge their party leaders at the center, that is unlikely. Chief Minister of Gandaki Province Prithivi Subba Gurung has already faced the ire of his party chief for having the nerve to organize a conclave of chief ministers in September. The meeting that issued a nine-point declaration was perceived by prime minister as ‘ganging-up’ of the provincial leaders against him. Apparently, Gurung, who is considered close to Oli, was threatened with a sacking, and other five chief ministers got the message loud and clear.
Against this backdrop, one would only hope that Province 2 leaders would be more proactive and rebellious in pushing our reluctant federalists to do their duty. And we in the media have a duty too. Instead of simply lapping up the narrative from Kathmandu, we need to do more to present a nuanced picture of this jurisdictional conflict.
