Prez to Koirala: Full CA key to statute legitimacy

KATHMANDU: President Ram Baran Yadav on Monday expressed his concerns over the delay in the appointment of 26 Constituent Assembly lawmakers to give the CA its complete shape.

Appointment of the 26 members is a constitutional obligation which the government has failed to abide by six months after the CA formation, President Yadav told PM Koirala during a regular briefing between the heads of state and government.

Koirala reached President’s Office on Monday evening to brief on the government’s functioning, the visit of Indian Prime Minister Narendra Modi, Koirala’s health status, date announcement of the 18th Saarc Summit to be held in Kathmandu and the landslide in the Sunkoshi river. The meeting was the first between the President and the prime minister after Koirala returned from the United States on July 23 following treatment of his lung cancer.

“The President asked the PM to take initiatives immediately as per the spirit of the Interim Constitution to fill

the CA vacancies,” said President’s Press Adviser Rajendra Dahal.

If the first draft of the constitution comes out without the CA getting its full shape, questions would be raised about its legality and the constitutional ground, Yadav told Koirala. “Parties have decided to bring out the first draft of the constitution before Dashain (October first week) and some CA committees are working to this end, he added.

The President asked Koirala to take a decision immediately even if by putting all other jobs aside, said Dahal.

The government has failed to appoint the lawmakers with consent from the political parties in the CA. On May 12, the Supreme Court issued a mandamus order to the government to appoint the 26 members as per Article 63 (3) (c) of the Interim Constitution. The apex court ruled that the appointments should not be made on the basis of sharing among the political parties.

A week after the order, the government sought a review of the decision claiming Cabinet prerogative over the appointments and their bases. The court has yet to respond to the petition.

In the briefing, the PM blamed some political parties’ “failure to provide the names of their nominees for the positions” for the delay. “I will hold a meeting of the major parties and will take a call,” the PM replied.

The ruling Nepali Congress and the CPN-UML, which are set to get the largest share of the 26 appointments, have yet to finalise their nominations.

Matters related to the appointment of ambassadors and postings in the National Human Rights Commission and other constitutional bodies also figured in the meeting.