Justification to table the First Amendment Bill on the Constitutional Council


Kathmandu, March 19 : Minister of Communications and Information Technology Rekha Sharma has made it clear about the rationale behind tabling the Constitutional Council (Function, Duties, Rights and Procedures) First Amendment Bill, 2079 in the Parliament. The Bill was tabled on behalf of Prime Minister Pushpa Kamal Dahal 'Prachanda'.     

In today's meeting of the House of Representatives, Government Spokesperson Sharma said the amendment bill has been tabled before the Parliament to ensure the presence of all the members in the Constitutional Council and that decisions are taken unanimously in accordance with the spirit of the Constitution. However, if the Constitutional Council is unable to take decisions unanimously there is need to make a procedural arrangement whereby the decision could be taken by the majority including the chair and at least 50 percent of the existing members.     

It may be noted that Article 284 of the Constitution of Nepal provides for the formation of the Constitutional Council. The Council presently functions as per Constitutional Council (Function, Duties, Rights and Procedures) Act, 2066 B.S. which was amended by the Ordinance issued in 2078 B.S. However, with the Ordinance was repealed by the President on the recommendation of the Council of Ministers.     

Hence, there is legal vacuum with the amendments made by the Ordinance rendering ineffective with the Ordinance no long in effect, Minister Sharma said.     

Tabling the bill, Minister Sharma said since it is necessary to amend the Constitutional Council Act, 2066, the first amendment bill has been presented before the House.(RSS)

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