Effect of cheating on the 'cooling off period' in the Constitutional Council Bill

The meeting of the House of Representatives was adjourned after the MPs began to express doubts that there was something wrong with the Constitutional Council Bill, the ruling party chief/chief whip claimed that the bill would be passed on Wednesday.

Ashad 25, 2082

Jaya Singh Mahara

Effect of cheating on the 'cooling off period' in the Constitutional Council Bill

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The agenda of the House of Representatives on Tuesday was to discuss and pass the First Amendment Bill related to the Constitutional Council (functions, duties, rights and procedures) which came back from the National Assembly with a message. During the discussion, MPs were expressing their views on the provisions made in the Bill along with the message of the National Assembly, while some were waiting for their turn.

But Speaker Devraj Ghimire suddenly announced, 'I would like to inform you that the rest of the action on the message from the National Assembly on the First Amendment Bill on the Constitutional Council has been removed from today's meeting due to special reasons.' The MPs who were preparing to leave after passing the bill were confused. Speaker Ghimire did not reveal what the 'special reason' was. He adjourned the meeting till 1 o'clock on Wednesday. After that, Speaker Ghimire discussed with UML Chief Whip Mahesh Bertaula and Congress Chief Whip Shyam Kumar Ghimire.

According to chief whip Ghimire, the meeting had to be adjourned after there was a problem in the understanding of the MPs from the ruling party on the Constitutional Council Bill. "Honorable people did not understand the arrangements made in the bill," he said, "the meeting was adjourned because it was said that it was like a civil bill." "The National Assembly explained the arrangements made by the House of Representatives and sent them back," he added, "Regarding the quorum of the Constitutional Council, the majority of the chairman and the majority of the members are said, the National Assembly has explained it."

'Leave what happened in which house, we have passed the bill without looking . That is why our dignity, honor and pride have come under attack,' he said, 'where has the decision of the Supreme Court taken us? Where is the constitutional and statutory interpretation? Where is the history and precedent? What can the Constitutional Council do about it, that is what we are looking for?

Maoist MP Madhav Sapkota also reminded that in the civil service bill, the parliament passes a provision unanimously, but the provision to make it ineffective in the interests of the employees has been kept intact .

"What happened in the Federal Civil Service Act". Due to the indiscipline of the main leaders of the state administration, heinousness, manipulation and slowly anarchy is spreading to the bottom . Therefore, editing and management of the bill should be taken seriously," he said. In the

discussion, Prakash Jwala, a member of parliament of the United Samajwadi Party, objected to the provision in the bill that only two members of the six-member constitutional council can make a decision.

'In the case of the chairperson and two members of the six-member constitutional council, it was arranged that only two people would make decisions . At some point there may not be a parliament, in that case, how democratic is the provision of constitutional appointment by only two people?' He said, 'Questions are being raised about the heads and members of the constitutional bodies.' The question of transparency is also coming up. Constitutional bodies should be fair and transparent to give good governance. There should have been a system of at least 50 percent decision-making.

Maoist's Barshman Pun mentioned that the Constitution has provided a structure with the idea that the Constitutional Council should be inclusive and make informed decisions. "At times, there has been abuse of constitutional duties, duties and rights in political maneuvers," he said, "There is a system for Parliament to approve the proposals that come through the Constitutional Council. The latest decision of the Supreme Court is such that the approval or hearing of the Parliament is not mandatory. When that happens, the executive becomes arbitrary.' In the

discussion, when the parliamentarians began to insist that the bill should be passed only after studying it, Speaker Ghimire discussed with the secretary and the officer of the management consulting branch, UML chief whip Bertaula discussed with the Congress leaders and the Congress MPs discussed among themselves . After the message of all discussions reached Speaker Ghimire, the House of Representatives meeting was adjourned in the middle.

Earlier, the House of Representatives' State System and Good Governance Committee had passed a bill with a provision to nullify the provision regarding 'cooling off period' in the Federal Civil Service Bill. In section 82 (4) of the bill, the provision that 'a civil servant or an employee who has resigned from or retired from the service shall not be appointed to any constitutional or government post before the completion of two years from the date of retirement', in section 82 (5 a) a provision was made that 'no appointment shall be taken to a post other than constitutional or diplomatic appointment and any other appointment made by the Government of Nepal'.

MPs who were upset by the fraud on the Civil Bill were presented in the discussion with the suspicion that something had happened to the Constitutional Council Bill, the House of Representatives meeting on Tuesday was postponed. The House of Representatives formed a 7-member special committee headed by Congress MP Jeevan Pariyar on Monday to investigate the mess in the Civil Service Bill.

Ekram Giri, head of the working arrangement consultation branch and spokesman of the parliament, said that Tuesday's meeting was adjourned as there was a need for further discussion between the political parties on the constitutional council bill. "The minister will give an answer and the rest of the action to be passed has been postponed until Wednesday," he said. UML chief whip Bertaula and Congress chief whip Ghimire said the constitutional council bill will be passed on Wednesday.

In the Constitutional Council Bill, it is stipulated that if 4 members attend the meeting of the 6-member Constitutional Council, the quorum is considered to have been reached. If there are 5 people present in the council including the chairman, it will be considered as a quorum if three people are present. When there are four people including the chairman, if 3 people are present, the quorum will be reached. If there are 3 people including the chairman, if 2 people are present, it will be considered as a quorum.

There is a constitutional provision in the Constitutional Council, which is chaired by the Prime Minister, and includes the Chief Justice, the Speaker, the National Assembly Speaker, the leader of the main opposition parties and the Deputy Speaker. The

bill says, "When the chairman and five members are present in the council, at least four including the chairman and at least three members, when the chairman and four members are present, at least three including the chairman and at least two members, when the chairman and three members are present, at least three people including the chairman and at least two members, and when the chairman and two members are present, the decision will be made by at least two people including the chairman and at least one member."

Jaya

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