When Will the Constitutional Council Achieve Full Composition?
Summary: The Constitutional Council has indicated that it will take some more time to reach full composition to appoint the Chief Justice and officials of constitutional bodies. The Nepali Congress’s delay in selecting the parliamentary party leader and the absence of the election process for the Deputy Speaker have prevented the council from becoming complete. According to constitutional expert Dr. Chandrakant Gyawali, the council’s incompleteness is causing delays in filling vacancies in the Supreme Court and the Election Commission and impeding good governance.
March 9, Kathmandu. The Constitutional Council, responsible for recommending appointments of the Chief Justice and heads or officials of constitutional bodies, is yet to attain full composition. The main opposition party, Nepali Congress, has delayed selecting its parliamentary party leader, and the election process for choosing the Deputy Speaker has not yet begun, further prolonging the council’s incompleteness.
Constituted under Article 284 of the Constitution, the Constitutional Council is chaired by the Prime Minister and includes members such as the Chief Justice, Speaker of the House of Representatives, Chairperson of the National Assembly, leader of the main opposition party, and the Deputy Speaker of the House of Representatives. The council recommends appointments for key positions in various constitutional bodies including the Commission for the Investigation of Abuse of Authority, Public Service Commission, Election Commission, and National Human Rights Commission. Until the council is complete, the appointment processes for these bodies cannot proceed.
More than a month has passed since the House of Representatives election, yet the main opposition Nepali Congress has not finalized its parliamentary party leader. Discussions are ongoing among the top leadership regarding selecting either Arjun Narasingh KC or Bhismraj Angdembe, both proportional representation members of parliament, by consensus. On Monday, attempts were made to reach an agreement among the party chairman, deputy chairman, and general secretaries. However, since the 2008 election, no parliamentary party leader has been chosen unanimously in Congress. Internal factionalism peaked after the last general convention leadership election, making it more likely that the leader will be selected through a vote this time.
Congress General Secretary Pradeep Paudel has stated that the party’s parliamentary leader will be selected within March. He remarked, “Discussions to select the leader by consensus are ongoing. The Congress will decide on the parliamentary party leader within this month.” Congress co-general secretary Prakash Rasaili ‘Snehi’ expressed hope that the parliamentary party leader will be selected by the New Year, stating, “Talks are underway, and the Congress will have its parliamentary leader by the New Year.”
Similarly, delays in electing the Deputy Speaker of the House of Representatives have also contributed to the Constitutional Council’s incompleteness. As a result, the appointment process for the Chief Justice is expected to face further delays. Currently, the Supreme Court’s Chief Justice position is vacant, and the Election Commission also lacks a chairperson. These delays in selecting the opposition party leader and the Deputy Speaker will inevitably postpone filling vacancies in the Supreme Court, the Election Commission, and other constitutional commissions.
According to the Constitution, if the Chief Justice’s position becomes vacant, the government’s law minister serves as a member of the Constitutional Council to recommend appointments. The council must recommend appointments for the Chief Justice or other constitutional body heads at least one month before the position becomes vacant. However, in cases of death or resignation, the council has a constitutional provision to recommend appointments within one month from the vacancy date.
Constitutional expert Dr. Chandrakant Gyawali has stated that delays in selecting the opposition party leader and Deputy Speaker have prevented the Constitutional Council from reaching full membership. The council’s incompleteness weakens the functioning of the judiciary and other commissions, thereby affecting good governance. “Vacant posts such as the Chief Justice of the Supreme Court and those within constitutional commissions remain unfilled, hampering their effective functioning,” Gyawali said. “It is certain that incomplete membership adversely impacts these institutions.” He further added, “The council’s recommendations are the first and most crucial step towards full composition of the Supreme Court and constitutional commissions. Only after the council makes its recommendations can parliamentary hearings become active.”