NC opposes bill over minority appointments in Constitutional Council

KATHMANDU, July 8: The Nepali Congress (NC) has expressed opposition to a proposed bill that would allow appointments to constitutional positions through a minority decision within the Constitutional Council.

Under the bill, the Prime Minister would chair the Council, and decisions on appointments could be made even in the presence of just one other member. NC has objected, arguing that such a provision requires further clarification before it can be passed. Due to this disagreement, the bill has stalled in Parliament.

“This bill needs additional clarification on provisions related to appointments through the Council. Hence, we believe it should not be passed yet,” said NC lawmaker and Chair of the State Affairs and Good Governance Committee, Ramhari Khatiwada.

The bill had already passed in the National Assembly and was under discussion in the House of Representatives. However, during the deliberations, only senior leader Dr. Shekhar Koirala was present from the NC leadership, while the party’s whips were absent. Chief Whip Shyam Ghimire stated the bill failed to pass due to technical reasons, not because of formal opposition by the party.

The bill was submitted to the committee for clause-wise discussion in Baisakh 2080 BS and, after 13 months of deliberation, the committee presented its report in Jestha 2081 BS. Clause 2 of the amendment bill proposes changes to Clause 6 of the original Act, altering procedures related to Council meetings.

According to the amended Clause 6(10), if consensus cannot be reached, decisions may be made by a majority of at least 50 percent of the serving members, including the chair. The Constitution’s Article 284 defines the Constitutional Council as comprising the Prime Minister (chair), Chief Justice, Speaker, Chairperson of the National Assembly, Leader of the Opposition, and the Deputy Speaker.

The Council's duties and procedures for appointing the Chief Justice and heads of constitutional bodies are to be governed by federal law. The current Constitutional Council Act—amended in 2074 BS—grants the Prime Minister the authority to call meetings and present agendas but not to unilaterally decide. It requires a majority of all members if consensus cannot be achieved.

Clause 6(3) of the Act further specifies that a quorum requires the presence of the chair and at least four other members, and decisions must be made by a majority of all members if there is no consensus.