By Narayan Prasad Mishra
The “Rule of Law” is a cornerstone of a fair and just society. It ensures that laws apply equally to everyone, regardless of their position, wealth, or influence. Under this principle, decisions are made based on established legal frameworks, and justice prevails over personal or group interests. In contrast, the “Rule of the Power Circle” undermines these ideals. In such a system, decisions are influenced by a select group of powerful individuals or elites, often prioritizing their own interests over fairness, equality, and justice.
This dichotomy between the rule of law and the rule of the power circle can be observed starkly in some countries where the interests of the influential few overshadow the principles of equality and impartiality. This is primarily seen in backward countries. One such example is our country, where systemic inequalities and the dominance of power circles continue to hinder development across various sectors, including employment, promotion, law enforcement, and the judiciary.
In our context, the power circle can be defined as any individual, group, or the followers and leaders of political parties closely linked with the parties in government, who can easily influence any sector of government, semi-government, private institutions, police, civil service, army, or the judiciary. We understand that democracy means equality and justice, while the rule of the power circle represents the opposite of democracy.
Ironically, the rule of the power circle has spread and become visible in our country after the introduction of multiparty democracy in 1990. In this country, whether your dispute involves land, property, money, employment, motor accident, or services—be it minor or significant—it is nearly impossible to expect Justice rooted in laws, rules, and regulations. Regardless of the matter, when you approach an authority figure—be it in a civil office, the police department, or the courts including municipalities, ward offices, water, electricity, land, telephone, tax, and vehicle offices —the outcome often favors those with connections to the power circle.
The Rule of the Power Circle in Practice
I am sad to say that the rule of the power circle manifests in virtually every aspect of governance and societal interaction in our country.
1. Employment and Promotions
Employment opportunities, especially in the public sector, are often determined by nepotism, favoritism, or political allegiance. Qualified individuals are frequently overlooked in favor of candidates with powerful connections. Similarly, promotions are rarely based on merit or performance but are instead influenced by personal relationships, party loyalty, or bribes. Nepal’s political and bureaucratic systems provide clear examples of the rule of the power circle. Appointments to key positions—from constitutional bodies, justices in courts, and government officials to university heads—are often dictated by political alliances or familial connections rather than qualifications or experience. This undermines motivation, fosters inefficiency, and deprives the nation of the best possible talent in key roles. Citizens not linked with the power circle can hardly secure a job, even in the lowest positions—such as peon or guard in offices. We often see how high positions in universities—Vice-Chancellors, Rectors, Registrars, Deans, Directors, Department Chiefs, etc.—are shared among political parties in government without any shame.
2. Evaluations
Those who oppose or fail to align themselves with the power circle often face unjust transfers or negative evaluations and sometimes even lose their jobs without any fault. Such actions are not only demoralizing but also perpetuate a culture of fear and compliance, discouraging independent thinking.
In this context, I cannot forget our retirement in 1992 (my beloved wife Shanti’s and my own), despite being honest, active, and dedicated professionals, nine and 14 years before our retirement age. This so-called self-retirement from Tribhuvan University was the result of a political conspiracy by an undemocratic government that claims to be democratic. In this regard, I am always saddened to remember Kedar Bhakta Mathema, the then Vice-Chancellor, who played an instrumental role in this injustice—a person I once held in high regard and had considered a friend since his student days at the university.
3. Judiciary and Legal Cases
In an ideal system, the judiciary operates independently, ensuring that justice is impartial to power or influence. However, under the rule of the power circle, even court rulings are frequently swayed by external pressures. The wealthy or politically connected can manipulate outcomes, while the marginalized often find themselves without recourse. As a result, public trust in the legal system erodes, and the principle of equality before the law becomes a distant ideal. Unfortunately, we often see this picture clearly in our country. High-profile corruption cases often remain unresolved, and those with political clout frequently escape accountability. Meanwhile, the less privileged face delays or are denied Justice. Such a system undermines the very foundation of democracy and equality.
4. Law Enforcement and Police Cases
The police force, instead of upholding the rule of law, often acts as an arm of the power circle. High-profile cases involving influential individuals are frequently stalled, manipulated, or dismissed altogether. Conversely, those without connections may face undue harassment or wrongful accusations, further highlighting the imbalance of power. We can see this clearly when analyzing the ongoing case of Rabi Lamichhane, the ex-home minister who is now in custody. Even the IGP publicly claimed his innocence regarding cooperative scandals while Lamichhane was in power. Now, the same individual is in custody after losing his position of influence.
Consequently, our people’s faith in institutions is declining day by day as decisions are increasingly perceived to be based on influence rather than fairness. Meritocracy, a key driver of progress, is being undermined, leaving the country at a competitive disadvantage. The gap between the powerful and the powerless continues to widen, fostering resentment and social unrest. Talented individuals, frustrated by the lack of opportunities and fairness, often seek better prospects abroad, depriving the country of valuable human resources.
The Need for Reform
Based on the above observations, I often feel that, in the name of democracy or a republic, we have introduced a system that perpetuates injustice and corruption rather than fostering equality and Justice. Our political parties, the backbone of multiparty democracy, need to conduct honest self-evaluations and address the shortcomings and failures identified earlier. If they truly value democracy, they must recommit to the principles of Justice and fairness with sincerity. At the same time, citizens must unite to hold them accountable and demand a system rooted in equality and Justice, regardless of the name it carries.
Comments:
Leave a Reply