Constitutionalist Bipin Adhikari Warns of Authoritarian Risks Despite Near Two-Thirds Majority in Government

Constitutionalist Bipin Adhikari has cautioned that despite the current government holding a near two-thirds majority, there remains a significant risk of authoritarianism. Adhikari warned that tendencies to violate legal procedures and weaken the separation of powers could undermine democracy. He emphasized that rather than constitutional amendments, the effective implementation of existing laws and improvements in political culture are essential. 23 Chaitra, Kathmandu.

Adhikari noted that even with overwhelming parliamentary support and public momentum, the government’s approach risks growing authoritarian tendencies. He warned that efforts to bypass legal processes and erode the principles of separation of powers endanger the very foundation of democracy. He further highlighted that advancing investigations based solely on “public pressure” could also weaken democratic institutions.

In an interview with a Nepali news agency, Adhikari stated that mere arithmetic majorities cannot legitimize government authority. He expressed concern that unchecked exercise of power and disregarding constitutional limits could lead the government to repeat past mistakes. Warning against compromising procedural justice, he likened such moves to a “Hitler-style” trajectory and urged leadership to proceed cautiously.

While optimistic about the present members of parliament and government, Adhikari remarked, “They were not elected with corrupt money, giving them moral capital.” He added, “If this capital is employed lawfully, the government can become effective.” However, he recommended slowing down decision-making processes to avoid long-term negative consequences from hasty actions.

Referring to examples like V.I. Lenin, Adhikari pointed out that even those who gain power through democratic processes face the threat of becoming authoritarian later. “No matter how positive the outcomes, if the process is flawed, sustainability is not possible,” he said, stressing, “The rule of law and operating within constitutional boundaries is the long-term solution.”

While the government has taken an aggressive stance on high-profile corruption cases, Adhikari criticized shortcomings in the investigation procedures. “Our system tends to imprison first and then seek evidence, which is dangerous,” he remarked. He stressed that arrests without proof violate judicial principles, urging courts to prioritize adequate evidence from the outset and ensure investigations adhere strictly to legal norms.

Though debates on directly elected executives or presidential systems are longstanding, Adhikari called them risky. Citing former US President Donald Trump, he said, “Powerful executives in the wrong hands are difficult to control.” He acknowledged that although the French model shares power between president and prime minister, it requires a mature political culture. In a diverse country like Nepal, inclusive representation provides government legitimacy, making the parliamentary system more suitable, he concluded.

Adhikari emphasized prioritizing the implementation of the constitution over amendments. He believes immediate constitutional changes are unnecessary and what Nepal needs most is effective enforcement. He stressed the importance of reviewing how the constitution is applied in practice before considering alterations, stating, “Legal changes without improvements in political behavior and culture will not bring solutions.”

He criticized the practice of bringing parliamentarians directly into ministries as a “gross ignorance” of the parliamentary system. According to him, the core role of parliament is to monitor government work and ensure accountability, not to be directly involved in implementation. He warned that this practice undermines the separation of powers.

Regarding the government’s decision to restrict government advertisements exclusively to state-owned media, Adhikari warned that this move could weaken private media. He stressed that media is fundamental to democracy and while transparency in advertising is important, controlling the media is unacceptable. The government recently decided to allocate official advertisements solely to government media outlets.