Ordinances Are Unconstitutional: Constitutional Expert

Ordinances Are Unconstitutional: Constitutional Expert

April 21, 2020, 10:48 a.m.

Following the promulgation of two ordinance Political Parties (second amendment) and Constitutional Council (functions, duties, powers and procedures) ordinance (first amendment) 2077, prime minister Oli can appoint the members and heads of constitutional bodies on the basis of majority.

Despite the wider opposition within his party and outside, Prime Minister K.P. Sharma Oli sent ordinance to the president. She proclaimed the ordinances within a matter of hour and published in the national gazette same yesterday.

Earlier, the council ordinance has provision to make appointment on the basis of majority. However, this amendment strengthens hands of prime minister. According to Constitution of Nepal, the Constitutional Council recommends the office barriers at various constitutional bodies.

The members of Constitutional Council includes Prime Minister, Chief Justice, Speaker of House of Representatives, chairman of National Assembly, leader of main opposition party and Deputy Speaker.

“The constitution has clearly lays down the rules for the appointment of office barriers of constitutional bodies. The ordinance amended the constitution,” said constitutional lawyer Bhimarjun Acharya.

“There are over 27 office barriers in constitutional bodies is vacant now. Through this amendment, prime minister Oli wants to nominate his own handpick in the constitutional bodies,” said Acharya.

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