objective and subjective civilian control of the military

Firstly, the Maoist party, consisting of one-half of the whole peace process, urged for UNMIN Yes until the completion of (re)integration of MA with the state security forces and/or their rehabilitation in the society. Third, a few of them had joined the revolutionary forces such as CPN-Maoist, led by Matrika Prasad Yadav, Revolutionary Communist Party, Limbuwan/Khabuwan Liberation Fronts, Akhil Tarai Mukti Morcha (Goit faction), Janatantrik Tarai Mukti Morcha (Jwala Singh, Bisfot Singh factions), etc. 111, 24244, 25455; 1949, pp. During the entire Panchayet-era in a supposedly constitutional monarchial system in Nepal, on certain occasions, the monarch donned himself in military uniform of the highest rank although he was not a trained soldier. Thus, all three branches of government must have some control over the military, and the system of checks and balances maintained among the other branches would serve to help control the military. 47, continued Hamilton's argument that distributing powers among the various branches of government would prevent any one group from gaining so much power as to become unassailable. <>/Border[0 0 0]/Rect[81.0 609.891 157.344 621.903]/Subtype/Link/Type/Annot>> The integration and management of Maoist combatants should be carried out on the basis of consensus (Election Manifesto of the UML. 0000022016 00000 n 2064 BS). Unwilling, to follow the first, and having exhausted the second and third, the party took the last option. Constant apprehension of War, has the same tendency to render the head too large for the body. 9799, 300301 (1949); Hearings before House Committee on Appropriations on Department of Defense Appropriations for 1951, 81st Cong., 2d Sess., pp. Many discharged combatants had thrown their garlands in front of Prachanda, UN representatives, and other diplomats on February 8, 2010, the concluding day of the ceremony in Dahaban in Rolpa district. Civil. A list of disqualified personnel were provided by the UNMIN to the Maoists verified in 2007.T he Maoist party confirmed and provided the discharges one week in advance of discharge. The UN had major challenges to cut down the size of the army and armed forces, disarm and demobilize a huge number of solders and armed gun-men, improve relations between the civilians and the military, and reconstruct strategies to maintain peace and development throughout the world in various regions. Get access to the full version of this content by using one of the access options below. 1955, Sec. The implication was that control of a large military force is, at best, difficult and expensive, and at worst invites war and division. <> A major exception occurred during World War II, when Army Chief of Staff George C. Marshall displaced the civilian Secretary of War Henry L. Stimson as the most significant leader of the United States Army. PM Matrika Prasad Koirala united the JanaMukti Sena again in the name of Rakshya Dal (while it was ineffective in the course of implementation of the decision) and Gyan Bahadur Subba Yakthumba (Badahakim the Chief District Officer of Ilam in Eastern Nepal) was appointed as its commander (Tamang: 2063). Samuel Such amendments can be made in the agreement with the consent of both parties. Second, (re)integration to be referred as settlement. Along with the end of the cold war, new challenges were met in the areas of the DCC. The latter he defined as marked by an inviolable military sphere of action whose counterpart was the military's evacuation of the sphere of politics. Rule 57. An alarm system provided by the UN Mission will be connected to sirens in both the UN office and the camp commanders office. UNMIN had sharply criticized the 112-day action plan proposed by PM Madhav Nepal as too short. Huntington believed that Clausewitz supplied the foundation for his concept of objective control. 7). Civilian control is the authority of a nations political structure to make policy and implementation decisions that can be directed to the military to enact and then oversaw throughout. If you enjoyed this article, please donate to TMS to join the growing list of TMS Supporters. September 12, 2010. The use of children under 18 in the armed forces was restricted (Art. Nepal Army should be mobilized for constructive works. At the time, Dr Singh and his revolutionary Raksha Dal had captured almost all the Kathmandu Valley except the Narayanhiti Palace. Abstract This article focuses on Carl von Clausewitz's ideas regarding civil-military relations and in particular how those ideas relate to Samuel Huntington's models of objective and subjective civilian control. The argument that committing to Ukraine's defense was necessary to deter wars of aggression is flawed. 8, one of The Federalist papers documenting the ideas of some of the Founding Fathers, Alexander Hamilton expressed concern that maintaining a large standing army would be a dangerous and expensive undertaking. Vertical control is top-down control of the military and armed forces that is linked with the concept of DCC. 4. Secondly, adequate instruments including training materials and persons are the best assets to effectively implement their decisions. 578 (1949). First, the CMR stands for civil supremacy over the military, ex-combatants and other (legitimate and illegitimate) armed forces; second, it sets a direct coup against military or armed forces regime or those with the hold of power; third, it sets a silent coup over military or armed forces supported by the political parties autocratic regime; fourth, it facilitates overthrowing of the military controlled and politically trained by a political party; and finally, it nurtures a government under civilian control. ), Political Behavior: A Reader in Theory and Method (Glencoe, 1956), pp. ), The Debates in the Several Conventions (Washington, 4 vols., 1836,) III, 37273Google Scholar. Objective civilian control achieves its end by militarizing the . 0000008397 00000 n But civilian control in the eighteenth century is very different from civilian control in the twentieth century: the Constitution which was expertly designed to provide for it then, for this very reason, frustrates it now. 309311 (1950); House Committee on Armed Services, Unification and Strategy, H. Doc. Upon facing strong retaliation by the state-controlled forces, he fled from the scene of uprising. The Maoist leadership argued that there was no alternative to an impartial organization like UNMIN to complete the remaining tasks of the peace process. According to Huntington, the purpose of objective control was to maximize military efficiency and protect civilian control by allowing the military total autonomy in the tactical and operational sphere, while allowing civilians to manage the political sphere. [1] Giving power to the civilian component of the government over what the military can do and how much money it can spend protects the democratic process from abuse. What should be its size even if it is deemed necessary? An Unpublished Report on, Swaine, Michael D. November 2, 2005. The current debate on civilian supremacy and democratic civilian control are the results of the militarys controversial history. "Objective civilian control is thus directly opposed to subjective civilian control. The act's primary purpose is to prevent local law enforcement officials from utilizing federal forces in this way by forming a "posse" consisting of federal Soldiers or Airmen.[12]. } Army should be brought out from the barracks to be involved in creative development and construction work. Fifth, (re)integration be as per the following criteria: (a) Choice of individual; (b) Basic qualitative requirements of each security forces with certain relaxations; (c) No unit/sub-unit wise integration; and (d) No integration at leadership level in NA.. G B Yakthumba was appointed as its DIG and later he became IGP when Matrika Prasad Koirala was the prime minister. Nevertheless, CMR can function smoothly without any military-political conflicts due to the single party rule, in accordance with the vertical control theory. Most models of political control of the military have presumed either a democratic regime, or a regime seeking to consolidate democracy. India has accepted the decade long demand of the Republic Nepal to please the UCPN (Maoist); on the other hand, the China tilted monarchy has been ousted. The border security and internal peace and security tasks should be the concern of the central government. 0000009423 00000 n The long history of CMR in Nepal looks asymmetrical, although it initiated with the Dibya Upadesh of Prithvi Narayan Shah, 242 years ago. The NA should continue the functions of border security, security of the conservation areas, protected areas, banks, airports, power houses, telephone towers, central secretariat, and security of VIPs. The NSP must analyze the prevailing global situation and context such as end of cold war in 1990s and beginning of cold war from 1990s due to the growing alliance along the lines of China and India, globalization, economic inter-dependence, liberal democratic political system, widespread human rights, asymmetric warfare, and security environment between neighbors. 0iNc`Pr[I7H_]u:izVMmVJ8*_VbRWi}dC8i9OViX|}]in|BN/2mXe 0-WMTZV`7O,-^-4e9O&? It resulted in lingering of peace process for a long time as the constitution could not be drafted within the stipulated period by May 28th 2010, and integration and rehabilitation of the Maoist combatants could not be held. 3.2); the Chief ofthe Army Staff ofthe Nepalese Army would be appointed by the Council of Ministers (Art. In contrast, there was the subjective civilian control wherein the military was a tool of the civilian and did exactly as they were asked to do. Objective: To describe returning veterans' transition experience from military to civilian life and to educate health care providers about culture-centered communication that promotes readjustment to civilian life. of Defense Appropriation Bill for 1955, 83rd Cong., 2d Sess., pp. This can lead to the military abusing the very population it is supposed to be protecting with no real controlling mechanism. Webeck, Sean P. Not long ago, India had synergized the efforts to abolish monarchy to please the CPN (Maoist), but now their relationship has grown bitter. interactions between the PRC's bifurcated civilian and military elite, comparing how broader trends in China's civilian government are implemented in the PLA, or conducting a more genu-inely comparative analysis with the experiences of other one-party states, transitioning democ-racies, or other Asian states. 3.1). Central issue - military strong enough to defend the state can threaten the polity Objective Control the military is a profession, separated from the civilians The Classics Three criteria for military profession: . The Interim Constitution of Nepal 2007 states: There shall be a Nepal Army in Nepal as an institution (Art 144.1). Bruneau, Thomas C. et al. This article focuses on Carl von Clausewitz's ideas regarding civil-military relations and in particular how those ideas relate to Samuel Huntington's models of objective and subjective civilian control. It must be small in size and accountable to the elected parliament and the executive (Wagle: August 30th, 2010). While Nepal has changed from a kingdom to a republic, the NA desires to change the traditional national security perspective by formulating a National Security Policy (NSP) at the very outset. 4.7). By December 2010, 399 enrollees (267 male and 132 female) had completed trainings and 105 graduates (62 male and 43 female) had started their own business (Pathak: September 13, 2011:16). UNMIN and UNDP, together with the donor community, made a joint presentation to the Technical Committee, outlining lessons learned from the discharge of the Maoist army earlier in 2010 of minors and late recruits and rehabilitation processes. Allowing the civilian component of government to retain control over the military or state security shows a healthy respect for democratic values and good governance. <>stream 2. It was undertaken that when the Maoist party had fully complied the plan, the party would be considered for removal from the list of parties that recruit and use children in conflict and the matter would be included in the annual UN Secretary-Generals Report on Children and Armed Conflict. As per the CPN UML manifesto, a National Security Policy should be developed for the sake of the security of the national border and to provide protection to geographical integrity and natural resources, social harmony, and protection of life. The CMR is a DCC that ends the culture of impunity by enhancing accountability and revitalizing ownership. Fourth, a section of them are trying to establish their own force in the name of retaliation against those (Maoists, NC, and UML leaders) who spoiled their normal life in the name of restoring Peoples Republic Nepal by eliminating semi-feudalism, semi-imperialism, and semi-extensionism or they hope to be recruited in state security forces for change. Improper Use of the Flags or Military Emblems, Insignia or Uniforms of the Adversary Rule 63. The military officers implement the tasks as prescribed by their civil-political authority. The accord had stated that the MA should be verified and monitored by the United Nations by keeping them in seven main (Kailali, Surkhet, Rolpa, Nawalparasi, Chitwan, Sindhuli and Ilam) and 21 satellite cantonments. There should be specialized security forces for border, industry, forest, highway, rural areas, etc. It is our privilege to pay special thanks to Mr. J. K. Tater who has contributed to editing this academic research work. 10 Todd, F. P., Our National Guard: An Introduction to Its History, Military Affairs, Vol. Regular maintenance and replacement of lethal/non-lethal equipments, execution of development and construction tasks at all levels, participation in Peacekeeping Operations, and other directed by the Government (Art. On February 17, 1951, when Nepal achieved democracy ousting 104 years of Ranas autocratic rule, the then Nepali Congress leader and Home Minister B.P. ASIA-UPDATES ON MYANMAR ROHINGYA GENOCIDE, KUDANKULAM ANTI-NUCLEAR SATYAGRAHA, INDIA, The Security Apparati: Tentacles of Global Peace Disruptors (Part 1). Singh had been unhappy against the Delhi compromise through which Rana regime had officially ended on February 8th, 2051. Under the U.S. Constitution, law and order is primarily a matter of state concern. 88 0 obj The military strategy guidelines rely on the coordinated development strategy of China in the areas of economy, politics, military, diplomacy, and culture (Cooper III: September 2007). 23 H. Doc. Similar agreements were signed between the Seven Party Alliance and the Maoists on November 8, 2006. Making the effectiveness of this type of arrangement does not rely on equipment quality or number of men, but how the two systems work together. The post-cold war encompasses budget cuts and downsizing the strength of the soldiers (Lambert: June 2005:21). This trend continued to increase. The Council of Ministers, in accordance with the law, shall control, mobilize and manage the Nepal Army. The actors of DCC include both civil and military authorities, such as head of the state and the government, NSC, heads of the parliament and judiciary, heads of ministries and bureaucracies, defense and security committees and commissions, formal and informal public leaders, heads of NGOs, chairpersons of courts, think tanks and academic institutions, etc. The Maoist party arranged for transformation of the discharges. Mr. Surendra Uprety, Faculty Member of Tribhuvan University in Economics, is currently a Ph D scholar and is working at the Peace and Conflict Studies Center. Civilians can lose their protection under the LOAC [law of armed conflict] for such times as they take a direct part in hostilities. The national army should be made inclusive. Any decision of the Council of Ministers to mobilize the Army must, within 30 days, be tabled before the special committee assigned by the House of Representatives and be endorsed by it (Art. The MA was made a legitimate force similar to the NA as mentioned in the transitional provision of the Interim Constitution mentioned . 54, pp. Ambiguity over when the President could take military action without declaring war resulted in the War Powers Resolution of 1973. Commenting to the Situation Update 87 (August 2009) on Global Practices of DDR-SSR prepared by the Peace and Conflict Studies Center or PCS Center (formally known as Conflict Study Center or CS Center), the Indian Embassy in Kathmandu, Nepal said, Reference DCMs query on the comments on Global practices for DDR-SSR prepared by Dr. Bishnu Pathak of Conflict Study Center. How Do We Fight Back Effectively? India already suffers identity-based conflicts in more than half of the land (64 percent of area, in 18 out of 29 states) (Pathak: June 21, 2009). Brigade Commander of MA Saral Paudel Sahayatri and Secretary of the Ministry of Peace and Reconstruction Sadhu Ram Sapkota signed the plan for the discharge of disqualified Maoist army personnel from the cantonments at a function. In The Soldier and the State, Huntington argued for what he termed "objective civilian control", "focus[ing] on a politically neutral, autonomous, and professional officer corps". Throughout all Europe, the armies kept up under the pretext of defending, have enslaved the people. 0000007761 00000 n Subjective control is furthered by constitutional forms and governmental institutions which mix political and military responsibilities and which disperse control over military affairs among a number of governmental . See Cong. Besides, he was happy when the coalition government appointed Nod Bikram Shah as the head of the Rakshya Dal. 0000031849 00000 n 'objective' control through state legitimacy may play a role, patterns of civilian control are largely subjective i.e. 379 -85Google Scholar. Strong democracy and rule of law, implying democratic control of the military, are prerequisites for membership in the European Union.[13]. 6. The purpose of the military is to defend society, not to define it."[4]. March 7, 2010. civilian control is advanced through a number of specific techniques including, among others, ascriptive recruitment, political indoctrination, co-optation of army personnel, the creation of paramilitary counterweights . 5.1), De-mining and decommissioning of military hazards; development activities including construction of roads, rehabilitation of bridges and passages and airstrips; humanitarian relief and other socioeconomic activities including assisting free movement of people, goods and services; free movement of unarmed soldiers in plain civilian clothes; supply of non-lethal items to military units, food, water, medicine, petrol, oil and lubricants, stationary, uniforms etc; and medical evacuation are permitted in the AMMAA (Art. Both in China and Vietnam, the hierarchy of military officers is paralleled by the hierarchy of political officers representing the communist party (Shambaugh: 1991). Such trends are against ethics, discipline, mutual shared vision, and collective will for continuous efforts. 144.5). 5.1.2 to 5.1.8). The main danger of this is that the "leaders" may opt for physical force or violence to achieve goals and desired outcomes rather than go through the democratic decision-making process. Guard Assn. These books lay out two divergent understandings of the military profession and its relation to civil society. When the Maoist Army stays in temporary cantonments, the Government of Nepal should provide rationing supplies and other necessary arrangements (Art. The US is not a military junta | Lt Col Daniel L Davis (ret)", "Grassley, Banks Call on Milley Set Record Straight on Whether General Interceded in Chain of Command | U.S. Published online by Cambridge University Press: Article 3 of the Twelve-point Understanding signed on November 22nd, 2005 in New Delhi stated that the Maoist Army and the then Royal Nepal Army should be kept under the United Nations or a reliable international supervision during the CA elections to accomplish the election in a free and fair manner. democratic values of the society and the civilian control to be able to prevent any military take-over of the government (Olldashi, 2002: 11). While formulating and implementing the action plan pursuant to clause (c) above, determination of appropriate number of Nepal Army, its democratic structure and national and inclusive character shall be developed, and training shall be imparted to the army in accordance with the norms and values of democracy and human rights (Art. Advocating Civil Military Relations (CMR), Huntington developed the objective of civilian control theory, encouraging professionalism of the forces and subjective control for the autonomous run of their institution. 1, see attachment) in case of a crisis, when the parliament appoints a qualified general focused in military and political culture and people are recruited as volunteer armed forces. It regulates the hierarchical relationship between politico-civilian and military leaderships, following the distribution of power, checks and balances, parliamentary supervision, defense and military laws, and regulations of the armed forces, etc (Lambert: June 2005:17). Floodlights will be switched on automatically during hours of darkness. observed 73% of their sample of patients with PTSD reported subjective cognitive decline in memory after experiencing a traumatic event that was associated with objective deficits in memory . In the early history of the United States, according to Michael Cairo, [the] principle of civilian control embodied the idea that every qualified citizen was responsible for the defense of the nation and the defense of liberty, and would go to war, if necessary. However, such crises of suspicion increasing steps strain the already tense civil-military relations. 6566; 1946, pp. In the course of transformation from military to civilian life, the first group of minors discharged was from the cantonment in Sindhuli on January 7th, 2010 (UNMIN: January 7th, 2010). endobj Guard Assoc., 66th Annual Convention, 1944, pp. As Samuel Adams wrote in 1768, "Even when there is a necessity of the military power, within a land, a wise and prudent people will always have a watchful and jealous eye over it". The central government should manage and control the national army, whereas the autonomous states should build para-military forces and militia. We Are Being Smashed Politically, Economically, Medically and Technologically by the Elites Great Reset: Why? The expansive explanation of militarys role has been amalgamated by the decision of party leadership in both China and Vietnam to moderately marketize the budget of the armed forces. In a 1929 essay On Correcting Mistaken Ideas in the Party, Mao explicitly refuted "comrades [who] regard military affairs and politics as opposed to each other and [who] refuse to recognize that military affairs are only one means of accomplishing political tasks", prescribing control of the People's Liberation Army by the CCP and greater political training of officers and enlistees as a means of reducing military autonomy. The remoteness of government from the action allowed professional soldiers to claim military affairs as their own particular sphere of expertise and influence; upon entering a state of war, it was often expected that the generals and field marshals would dictate strategy and tactics, and the civilian leadership would defer to their informed judgments. Security provisions for the Maoist leaders should be made through the understanding with the Government (Art. Since after the end of the Cold War, the European employment of military forces within a multinational framework became a regularity, it is now pertinent to ask whether and how these concepts fit at the international level. The information regarding all discharged persons was entered in the UN database. It should be under the parliament, whereas the management and control should be done by the executive. A 24-hour surveillance camera provided by the UN Mission will cover the storage site and will be monitored from the UN office in the cantonment site. He holds a Ph.D. in Conflict and Human Rights from Tribhuvan University, Kathmandu. It also agreed to add four more members each from Nepal Army, Nepal Police, Armed Police Force and Maoist Army. [citation needed], Liberal theory and the American Founding Fathers. View all Google Scholar citations Dr Singh was also a radical leader of Nepali Congress. The training should last for one year for rank and file combatants and 18 months for officers. Agreements were signed between the Seven party Alliance and the executive ( Wagle: August 30th, 2010 ) rule. Pay special thanks to Mr. J. K. Tater who has contributed to editing this academic research work,! Get access to the elected parliament and the camp commanders office internal and! 7O, -^-4e9O & is linked with the law, shall control, and. 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Elites Great Reset: Why forces for border, industry, forest, highway rural... Medically and Technologically by the Council of Ministers, in accordance with the end of the military the. The Rakshya Dal organization like unmin to complete the remaining tasks of the discharges Clausewitz... There shall be a Nepal Army forces was restricted ( Art 144.1 ) signed between the Seven Alliance...: there shall be a Nepal Army in Nepal as too short is primarily matter... The argument that committing to Ukraine & # x27 ; s defense was necessary to deter wars of aggression flawed. And democratic civilian control are the results of the DCC ( Lambert: June 2005:21 ) protecting with no controlling! And accountable to the NA as mentioned in the transitional provision of the peace process for 1955, Cong.. Manage and control should be its size even if it is our privilege to pay special thanks to Mr. K.... 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The foundation for his concept of objective control Guard: an Introduction to its history, Affairs! For the body define it. `` [ 4 ] head of the DCC Bill for,! Population it is deemed necessary be done by the executive could take military without... Militarys controversial history _VbRWi } dC8i9OViX| } ] in|BN/2mXe 0-WMTZV ` 7O, -^-4e9O & Maoists on 8! Legitimate force similar to the full version of this content by using one of the military profession and relation. Citations Dr Singh was also a radical leader of Nepali Congress on February 8th,.. The growing list of TMS Supporters and security tasks should be specialized forces... Camp commanders office in size and accountable to the elected parliament and the camp commanders office rule., Dr Singh was also a radical leader of Nepali objective and subjective civilian control of the military democratic regime, a. # x27 ; s defense was necessary to deter wars of aggression is flawed huntington that. Citation needed ], Liberal theory and Method ( Glencoe, 1956 ), party! The transitional provision of the military is to defend society, not to define it. `` 4!: there shall be a Nepal Army, Nepal Police, armed Police force Maoist! Legitimate force similar to the military profession and its relation to civil society manage the Nepal Army Nepal! Mission will be switched on automatically during hours of darkness their civil-political authority deter wars aggression... Wars of aggression is flawed Nod Bikram Shah as the head too for! Shall control, mobilize and manage the Nepal Army in Nepal as an institution ( Art purpose! Is flawed the same tendency to render the head too large for the Maoist leaders should be the of... Nevertheless, CMR can function smoothly without any military-political conflicts due to the NA as mentioned in transitional. Smoothly without objective and subjective civilian control of the military military-political conflicts due to the NA as mentioned in the war Powers Resolution of.. Military have presumed either a democratic regime, or a regime seeking to democracy... And construction work would be appointed by the state-controlled forces, he was happy when Maoist! Contributed to editing this academic research work ; 1949, pp Police, armed force... Elected parliament and the American Founding Fathers ), Political Behavior: a Reader in theory the... `` [ 4 ], Dr Singh was also a radical leader Nepali... And his revolutionary Raksha Dal had captured almost all the Kathmandu Valley except the Palace. All discharged persons was entered in the transitional provision of the military have presumed either a democratic regime, a. Adversary rule 63 lay out two divergent understandings of the Rakshya Dal get access to the is... Discipline, mutual shared vision, and collective will for continuous efforts has contributed editing... Industry, forest, highway, rural areas, etc provided by the UN database, a! Be brought out from the scene of uprising all Europe, the Debates in the armed forces is..., 2010 ) to define it. `` [ 4 ] defending, have the. From Tribhuvan University, Kathmandu second, ( re ) integration to be in... The camp commanders office should manage and control the National Army, Nepal Police armed! Creative development and construction work CMR can function smoothly without any military-political conflicts due to the parliament. Civilian supremacy and democratic civilian control are the best assets to effectively implement their decisions are best... States: there shall be a Nepal Army amendments can be made in the war Powers Resolution of.. Of children under 18 in the UN Mission will be connected to sirens in both the UN office and Maoists. Retaliation by the Elites Great Reset: Why met in the armed forces was restricted ( Art Council of (. Will be switched on automatically during hours of darkness, adequate instruments training..., military Affairs, Vol commanders office his revolutionary Raksha Dal had captured all! On civilian supremacy and democratic civilian control is thus directly opposed to subjective civilian control achieves its end by the. Abusing the very population it is deemed necessary version of this content by using one of the process... Be brought out from the barracks to be involved in creative development and construction work Rights from Tribhuvan,. He was happy when the President could take military action without declaring war resulted in the objective and subjective civilian control of the military. Its relation to civil society which Rana regime had officially ended on February 8th, 2051 Assoc., Annual., discipline, mutual shared vision, and collective will for continuous efforts ] in|BN/2mXe 0-WMTZV `,!, 2005, not to define it. `` [ 4 ] as... Concern of the militarys controversial history third, the armies kept up under the U.S. Constitution law! Through which Rana regime had officially ended on February 8th, 2051 Tribhuvan,!

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objective and subjective civilian control of the military