Although 19 posts of various constitutional commissions are vacant, no attention has been paid to filling them. After the issuance of the ordinance to amend the Constitutional Council Act on 23 Baisakh, it was expected that all the posts would be filled immediately, but the actual justification of the ordinance has not been confirmed for a month and a half. The council meeting held on 24 Baisakh had recommended Manoj Kumar Sharma for the post of Chief Justice. This post is considered the most powerful among the posts recommended by the council. It is strange that the haste shown in recommending this post has been neglected in recommending the remaining posts. Since the chairperson of the council is the Prime Minister, he should be accountable for the selection-based recommendation and he should be the most sensitive about the impact of the vacant post on the performance of the concerned institution.

At present, the posts of two commissioners including the Chief Election Commissioner are vacant in the Election Commission. Similarly, four posts including the chairperson are vacant in the National Natural Resources and Finance Commission. There are two vacancies in the Muslim Commission including the Chairperson, two vacancies in the Tharu Commission including the Chairperson, two vacancies in the Madhesi Commission including the Chairperson, two vacancies in the National Inclusive Commission including the Chairperson, one vacancy in the Commission for the Investigation of Abuse of Authority, one vacancy in the National Human Rights Commission, one vacancy in the National Women's Commission and two vacancies in the National Dalit Commission. In total, there are 19 vacancies at the moment. Constitutional commissions usually have five members including the Chairperson. But looking at the current situation, it seems that all the commissions have to work without full members. The Chairperson and members of the commission can be appointed by the President on the recommendation of the Constitutional Council and through parliamentary hearings. However, the Constitutional Council is not fulfilling its obligations.

Article 284 (3) of the Constitution provides that the Council must recommend the appointment of the head or office bearer of the Constitutional Commission one month before the vacancy. But those positions have been vacant for a long time. For example, the post of Chief Commissioner in the Election Commission has been vacant for 14 months. One member post has been vacant since then. In such a situation, the commission had conducted the election on 21 Falgun. It is not appropriate to violate the time-bound and clear provisions of the constitution. Secondly, it is not appropriate to maintain fewer members than that after the constitution itself has decided that the commission will have five members. As soon as the number of members decreases, the effective role of the commission is affected. In the federal system of governance, the National Natural Resources and Finance Commission, which is considered the pillar of fiscal federalism, ensuring fair distribution of revenue and financial resources between the union, provinces and local levels, has been affected by the vacancy of four members including the chairman. It can be estimated.

This issue is also linked to the broader concept of state governance. State governance is not just the directives of the executive and their implementation. State governance can be effective only when all parties, including many organs of the state, commissions, agencies, organizations that are directly accountable to the government and those that are not, and civil liability, can perform their work together and equally effectively. Moreover, if there are no officials in the commissions that monitor and advise the executive, and if they are unable to monitor and advise the executive, the overall state administration cannot be effective. It becomes unbalanced. The Prime Minister should be primarily responsible for such a situation. That is why Prime Minister Balendra Shah should immediately call a meeting of the Constitutional Council and recommend for vacant posts. The introduction of the

ordinance means that it has become very urgent to do any work and legal arrangements have been made for it. After the government brought the ordinance on the Constitutional Council on 23 Baisakh, the Chief Justice was recommended amidst criticism, but the officials of other commissions were not recommended. This shows a contradiction between the theoretical concept of the ordinance and the Prime Minister's priorities. Because, even the ordinance that is brought in case of extreme urgency has not been used. The defense of the ordinance brought by the government has already been done in words, but to confirm it in practice, proper implementation is necessary. That is, the Constitutional Council is to make recommendations. In fact, the government considers vacancies in old commissions like Public Service Commission and Authority to be serious and immediately focuses on filling the posts, but there is also a tendency to question the very justification of the commissions added to the 2072 constitution. Everyone should pay careful attention to the issues for which those commissions were established when the constitution was promulgated. If it is felt that those commissions are not needed at this time, the constitution can be amended to remove them or arrangements can be made to have fewer members. However, it is not appropriate for the commission to remain as it is but the posts remain vacant.