Congress-Nepal Communist Party Alliance Leading in Constitution and Law Violations

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Kathmandu – The coalition government of Congress and CPN-UML has been criticized for violating the constitution and laws by implementing effective governance reforms in administration and the constitution. The appointment of the governor defying the provision of the Nepal Rastra Bank Act and filling the vacancy of the Constitutional Commission are considered as constitutional violations by the coalition government.

The coalition government’s attention is primarily focused on fulfilling the constitutional recommendations committee with a majority. They have been engaged in debates to remove Deputy Speaker Indira Rana Magar and appoint their own Deputy Speaker. The Constitutional Council, chaired by the Prime Minister, includes the Chief Justice, Speaker of the House of Representatives, National Assembly Chairperson, leader of the opposition party in the House of Representatives, and Deputy Speaker of the House of Representatives.

The Supreme Court has set a date of Jestha 28 for hearing cases against the appointment of constitutional officials. In this decision, 52 officials will become vacant. The debate over removing the Deputy Speaker has resurfaced within the coalition, with the Congress stating that they will not engage in this game just to gain positions.

Regarding the appointment of officials, former Chief Election Commissioner Bhojraj Pokharel emphasizes that not appointing officials within the stipulated time is a violation of the constitution. While there may be clear provisions for appointments in the constitution, the government has not taken steps to appoint the Chief Election Commissioner even after the term of the former commissioner ended.

Chandrakant Gyawali, a constitutional expert, highlights that not appointing officials within the set deadline challenges the constitution. He emphasizes that the government should adhere to its constitutional duties. He suggests three options to hold the government accountable if it violates the constitution: having Parliament hold the government accountable, seeking legal remedies against the executive branch, and allowing the public to penalize those who breach the constitution through periodic elections.

Padma Aryal, the Secretary of CPN-UML, acknowledges that while decisions should be made in line with constitutional principles and values, political circumstances sometimes lead to stretching constitutional limits. She points out that the government’s failure to appoint officials within the constitutional timeframe is a valid argument due to certain obligations within the coalition government.

In the current scenario where the ruling coalition remains strong, the leadership of the interim government will be under Sher Bahadur Deuba. The appointment of the Governor, Michheer appointment, has previously faced criticism in parliament. The expectation now is that the appointment of the Governor will be recommended by the recommendation committee, as per the expectations of the MPs.

Ramesh Khatri, representing Kansai Nepal News, comments that the government’s actions regarding the Nepal Rastra Bank Act and the appointment of the governor are being closely monitored. The expectation now is that the recommendation committee will recommend the appointment of the governor today.

*(End of the news article)*


Author: MAYA | HARUTO
Posted at: May 21, 2025 3:00 am