What kind of federalism is there without a provincial assembly?

The Provincial Assembly represents the public opinion of the province. It provides legitimacy to the provincial government and has the authority to formulate policies according to local needs and priorities. If the Provincial Assembly is abolished, the political existence of the province becomes meaningless.

Ashad 14, 2083

Navin Yadav

What kind of federalism is there without a provincial assembly?

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Madhesh has a special role in the electoral success of the Rashtriya Swayamsevak Sangh (RSS). Balen Shah had reached Janakpur during the election campaign. He gave a short but impressive speech in the local language while wearing Madhesh attire. That speech was not just a formal part of the election program, it conveyed a clear political message to the people of Madhesh. At that time, Balen expressed a clear opinion in favor of federalism. His statement in Madhesh was not seen as just an ordinary political speech. It was understood as a commitment in favor of federalism against the backdrop of the long political struggle of the Madhesh movement, inclusion, identity, and self-governance.

After this, an atmosphere of trust was created in Madhesh towards the RSS. Due to Balen's popularity and positive message towards federalism, the voters of Madhesh widely supported the RSS. Madhesh became a Rashtriya Swayamsevak Sangh (RSS). But now the situation seems to have changed. Questions have begun to be raised again about the commitment of the Rashtriya Swayamsevak Sangh (RSS) to federalism. Various policy documents and reports prepared within the party include a proposal to abolish the provincial assembly. In particular, the ‘economic and political proposal’ prepared by Deputy Chairman Swarnim Wagle mentions the issue of abolishing the provincial assembly. In other words, the RSSP seems to be in favor of abolishing the provincial assembly.

The basic basis of federalism is the province. Federalism without a province is like a car without an engine. And, federalism without a provincial assembly is like the old administrative structure of Nepal – zones and development zones. According to the essence of federalism, a province is a constitutional structure built for political self-governance. It is an autonomous government. The provincial assembly represents the public opinion of the province. It provides legitimacy to the provincial government and has the right to formulate policies according to local needs and priorities. If the provincial assembly itself is abolished, the political existence of the province becomes meaningless. A province without a legislature is not a province in the real sense. It is only an administrative unit. If the province is limited to only the administrative structure, it is not federalism. It will be a modified form of the old unitary governance system run by the center.

Critics of federalism often argue that provincial governments have not been effective. This argument is not completely baseless. Complaints that provincial governments have not been able to deliver the expected results are widely heard. It is true that the performance of provincial governments has not been satisfactory due to administrative complexity, weaknesses in policy making, lack of resources, and political instability.

However, is the problem in the principle of federalism or in its implementation? No system can be declared a failure without its full implementation. Nepal's federalism is still in a transitional stage. Many of the rights granted to the provinces by the constitution are practically under the control of the union. In such a situation, it is not fair to declare the concept of federalism a failure because the provinces have not been successful as expected. It is like blaming a plant for not giving it enough water, fertilizer, and sunlight. Its true evaluation is possible only after federalism is given full authority, sufficient resources, and institutional support.

Most of the top leaders of the Rashtriya Swayamsevak Sangh (RSS) were not sincere towards federalism from the beginning. That is why the RSSS had boycotted the provincial elections in the 2079 elections by not fielding candidates for the provincial assembly. But keeping in mind the political climate that emerged after the Gen-G rebellion, the party had tried to show itself in favor of federalism. To gain the support of communities optimistic about federalism, including Madhesh, it gave a message that it was committed to federalism. But now, by saying that the provincial assembly is being abolished again, it has taken the path of weakening the federal structure. It is not an exaggeration to call this trend a political intervention with Madhesh. Because, federalism is one of the main achievements of the Madhesh movement, which aims to break the centralization of state power and involve historically neglected communities in the decision-making process. Therefore, attacking the basic structure of federalism is an attack on the political aspirations of Madhesh.

The RSVP should understand that federalism is not an easily achieved system. It is not just an administrative experiment or technical structure that can be kept or removed according to political convenience. Federalism is a political necessity linked to the character, power structure, identity, representation and democratic restructuring of the state. Federalism is the achievement of decades of struggle, resistance and sacrifice by historically excluded and marginalized communities. Federalism is mainly the gift of the Madhesh movement. Many citizens have lost their lives in the struggle for the achievement of federalism.

The argument that federalism is a 'white elephant' is also widely heard. That is, the idea is presented that state expenditure has increased significantly due to federalism. But such an understanding seems to be based more on assumptions and prejudices than facts. The actual data does not present such a picture. Because, not even five percent of the total administrative expenditure is spent at the provincial level. If the political structure is determined on the basis of expenditure, then democracy itself is an expensive system. Elections are expensive, parliament is expensive, the judiciary is expensive, constitutional bodies are expensive. But the value of democracy is not determined by expenditure, but by the rights, representation and participation it ensures. Federalism should also be evaluated on the same basis.

However, the RSVP cannot change or abolish the provincial structure right now if it wants to. That requires an amendment to the constitution, which also requires sufficient support from other political parties. In the current political situation, the possibility of gathering such support seems low. But this cannot hide one political truth - the RSVP is not a party with a positive view of federalism. His recent political documents, statements and proposals raise suspicions that he is gradually weakening federalism rather than strengthening it further and eventually ending it. The tendency to question the very rationale of federalism rather than effectively implementing it, further devolution of power and strengthening the provinces is becoming clearer day by day within the Rashtriya Swayamsevak Sangh (RSS).

The essence of federalism is decentralization of power, ensuring self-governance and distribution of power between different levels of the state. If the provincial level itself is weakened, power will once again be concentrated in the union (center) and the essence of federalism will end. This is why the proposal to abolish the provincial assembly is not a proposal to reform federalism. It is a proposal to abolish the federal structure itself.

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