PM’s consent mandatory for Constitutional Council decisions

KATHMANDU: Decisions in the Constitutional Council will now require the consent of its Chairman (Prime Minister), following the passage of a new bill.

The State Affairs Committee, in its meeting on Thursday, endorsed the Bill on the Constitutional Council.

This bill stipulates that if a decision cannot be reached by consensus in the Constitutional Council, the Chairman (Prime Minister) and at least 50% of the current members will decide by majority vote.

This provision was part of the government’s proposal. However, the CPN-UML, then in opposition, criticized the requirement of the chairman’s consent for calling a meeting and making decisions in the Council.

Nepali Congress and Maoist Center parliamentarians have argued against the notion that the Prime Minister would ever be in the minority within the Constitutional Council.

The bill had previously stalled due to a lack of consensus among major parties.

With the shifting balance of power, Nepali Congress is now in opposition, and CPN-UML is the ruling party. Consequently, UML has agreed to the government’s proposal.

The Constitutional Council, which recommends the Chief Justice and officers of the Constitutional Commission, includes the Prime Minister as Chairman, and members such as the Speaker, the Chairman of the National Assembly, the Chief Justice, the Deputy Speaker, and the leader of the main opposition party.

Provisions for the Constitutional Council were established in 2063 BS following the end of the monarchy.

The Council traditionally made unanimous decisions despite political divisions.

The 2072 constitution retained the old arrangement for the council.

The quorum requirements have also been updated. Previously, the Act of 2066 required the chairman and at least four other members for a quorum.

The new provision considers a quorum to be reached if the chairman and at least 50% of the members are present.

The bill, now amended by the State Affairs and Good Governance Committee, will be presented in the upcoming Parliament session.

The House of Representatives will convene at 11 am on June 2.

The bill must also be accepted by the National Assembly and certified by the President to become law.