The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTSPart 5 is about the Executive – the Government. It says the Prime Minister – the headof government – must be chosen by consensus between the 7 parties . If this cannotbe achieved the Prime Minister must have the support of two-thirds of the membersof the Legislature-Parliament. Then there must be a Deputy Prime Minister andother Ministers. These must also be chosen by agreement between the parties. It goeson to say how a Minister resigns. It also says that a person who is not a member ofthe Legislature-Parliament could become a Minister. This Part was changed in thesecond amendment to make it possible to remove the Prime Minister; this would bedone by a “vote of no confidence" which would not be successful unless it had thesupport of two-thirds of those members of the Legislature present and changedagain by the fifth amendment so that a simple majority of the members present canpass a vote of no confidence.Part 6 is about the Legislature Parliament. This used to be called just “Parliament".It is the body that makes law. The Constitution says who are the members – it isunusual because it says that the existing members (elected in 1999) remain members,and that the parties were to choose some extra members, from civil society and thegrassroots. Also the Maoist party members were not to be elected but chosen by theparty. It says that business of the house must be conducted on the basis of “politicalconsensus" – but also says that in case a decision has to be made this must usuallybe by a simple majority of the members who vote. There are rules about quorum –how many members must be present for the house to carry on its business: theanswer is one quarter. There are rules about qualifications to be a members, aboutchoosing the person who presides (the Speaker), about freedom of speech for members.It also says that no-one else can accuse the members of bad faith – something that istaken from the 1990 Constitution. It says the House can adopt its own rules ofprocedure. In order to protect the independence of the courts no case that is beingheard in court can be discussed in the legislature. The Interim Constitution is notvery clear about what the Legislature Parliament actually does (except for makinglaws as we shall see). But the other roles of a legislature include keeping a watchover the government, including questioning Ministers, and investigating mattersthrough its committees.After the CA came into existence the old Parliament ceased to exist, and the CA isacting as Parliament, as well as making a new Constitution.18