National 7 (Spotlight Weekly)

Redundant Body?

The fate of the recommendations made by the Constitutional Council remains unknown

By KESHAB POUDEL

It might seem like a simple issue but the delay in the appointment in the constitutional bodies as per the recommendation of the Constitutional Council is sure to ignite a new row of controversy.

The Constitutional Council had recommended the names to fill vacant positions in several constitutional bodies including Elections Commission, Commission for Investigation of Abuse of Authority and Public Service Commission last month. But, the Royal Palace is yet to announce their appointments.

According to the article 117 of the Constitution of the Kingdom of Nepal 1990, “there shall be a constitutional council for making recommendations in accordance with this constitution for appointment of officials to constitutional bodies.”

Under the chairmanship of the prime minister, the council members include Chief Justice, the speaker of House of Representatives, the chairman of National Assembly and the leader of the opposition in the House of Representatives.

While appointing Surya Bahadur Thapa as a prime minister, King Gyanendra had publicly declared that the government is equipped with the executive power. Delay in appointing the persons recommended by the Constitutional Council has raised questions about who is exercising real executive power.

Under the article 35 (1) of the constitution: “The executive power of the Kingdom of Nepal shall, pursuant to this Constitution and other laws, be vested in His Majesty and the Council of Ministers”

The article 35 (2) of the constitution, however, states that “except otherwise expressly provided as to be exercised exclusively by His Majesty or at His discretion or on the recommendation of any institution or official, the powers of His Majesty under this constitution shall be exercised upon the recommendation and advise, and with the consent of the Council of Ministers. Such recommendation and advice and consent shall be submitted through the Council of Ministers.”

Despite the explicit constitutional clauses, delay in appointing the persons recommended by the Council has raised many questions regarding the constitutional status of this government, which was assigned to form all party government and to hold the elections. “It is not a duty of constitutional monarch to choose particular person or to reject some names proposed by the Constitutional Council. King should not have any likes or dislikes among 24 million population, as all of them are his own,” said a political analyst.

Even the Constitution has put a clause to protect the constitutional monarch from controversy. The Article 35(4) states “except in so far as any action is to be taken in the name of His Majesty pursuant to this Constitution and other laws, all other executive action shall be expressed to be taken in the name of His Majesty’s Government.”

Delay in the appointment will definitely raise more questions about the spirit of the constitution and commitments towards the Constitution of Kingdom of Nepal 1990.