Kathmandu, July 25: President Ram Chandra Paudel has denied authenticating the Bill Designed to Amend the Act on Constitutional Council (Duty, Responsibility and Work Procedure), 2066 and sent it back to the House of Representatives for reconsideration.
The Amendment Bill was against letter and spirit of constitution, democratic norms and values and universal practices, so it was returned again to the HoR for review, said President’s Press Advisor, Kiran Pokharel, adding that the Bill was returned to the HoR, where it was produced, as per Article 113 (c) of constitution.
Earlier, on July 15, the Bill passed by both Houses of the federal parliament was forwarded to the President for authentication. The Bill ignores quorum while appointing the constitutional officials. The constitution of Nepal forms a Constitutional Council body under the chairmanship of Prime Minister in which Speaker, Deputy Speaker, Chairman of National Assembly, Chief Justice and Leader of Main Opposition Party will be member.
Constitutional provisions
Article 284. Provisions relating to Constitutional Council: (1) There shall be a Constitutional Council for making recommendations for appointment of the Chief Justice and Chiefs and officials of the Constitutional Bodies in accordance with this Constitution, which shall consist of the following as the Chairperson and members:-
(a) The Prime Minister – Chairperson
(b) The Chief Justice – Member
(c) The Speaker of the House of Representatives – Member
(d) The Chairperson of the National Assembly – Member
(e) Leader of Opposition Party in the House of Representatives – Member
(f) Deputy Speaker of the House of Representatives – Member
(2) While making a recommendation for appointment to the office of the Chief Justice, the Constitutional Council shall include the Minister for Law and Justice of the Government of Nepal, as its member.
(3) The Constitutional Council shall make a recommendation for appointment under this Constitution before one month of the vacation of the office of the Chief Justice or a chief or official of a Constitutional Body. Provided that in case such office falls vacant because of death or resignation, it may so make recommendation for appointment that the office is fulfilled within one month after the date of vacancy.
(4) Other functions, duties and powers of the Constitutional Council and rules of procedures on the appointment of the Chief Justice or chiefs or officials of Constitutional Bodies shall be as provided for in the federal law.
(5) The Chief Secretary to the Government of Nepal shall act as the secretary to the Constitutional Council.
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