Prologue (Constitutional Council Act 2066)
Constitutional Council Act 2066 was enacted in 2066 by B.S. Poush to lay out the legal provisions for the Functions, Duties, Powers, and Procedures of the Constitutional Council. It was enacted under Article 83 of the Interim Constitution of Nepal 2063.
Article 284 of the Constitution of Nepal has provisions relating to the Constitutional Council in Nepal. The Act has provisioned that the Chief Secretary of the Government of Nepal must act as the Secretary of the Constitutional Council.
Attributes and Features
Functions of the Constitutional Council
As maintained in Section 3 of the Constitutional Council Act, the following are the functions, duties, and powers of the Constitutional Council:
a. To recommend individuals for Parliamentary Hearing
b. To propose individuals for appointment by the President from selected official positions.
c. To maintain an eligibility Record for Individuals that can be recommended by the Council.
d. To keep an up-to-date record of officials, appointment, their terms, vacant positions, and reappointment.
Members of the Constitutional Council
Section284 Sub-Section 1 of the Constitution of Nepal has provisioned for the Members of the Constitutional Council:
- Prime Minister as the Chairperson
- Chief Justice as Member
- Speaker of the House of Representatives as Member
- Chairperson of National Assembly as Member
- Leader of Opposition Party in the House of Representatives as Member
- Deputy Speaker of the House of Representatives as Member
Recommendable Officials
As stated in the Constitutional Council Act, the Officials that can be appointed on the recommendation of the Constitutional Council are as follows:
1. Chief Justice of Supreme Court (In such cases, the Minister for Law, Justice and Parliamentary Affairs becomes a Member of the Council)
2. Chief Commissioner and Other Commissioners for CIAA
3. Auditor General
4. Chairperson and Members of Public Service Commission
5. Chief Election Commissioners and Election Commissioners of Election Commission.
6. Chairperson and Members of the National Human Rights Commission
7. Recommendation for Appointment of all other Constitutional Bodies and Commission
Procedure for Appointment
While making appointments, the Constitutional Council must set up particular qualification criteria and follow those mentioned in the Constitution and the Prevailing law before providing recommendations.
The Council must consider the following while making such Recommendations:
a. Social Prestige
b. High Moral Character
c. Honesty
d. Public Attitude
e. Professional Experience
Procedure for Meeting
The Meeting of the Constitutional Council must be scheduled by the Chairperson along with the specific date, time, and location.
The Secretary of the Constitutional Council must send a notice about the meeting including the agenda of the meeting to each of the Council’s members 48 hours before the Meeting.
A Meeting can only proceed if the chairperson and at least Five Other Members of the Council are present. The Meetings are to be led by the Chairperson according to Section 6 of the Constitutional Council Act.
Furthermore, the matters discussed at the meeting must receive an agreement from all the others and if a unanimous agreement isn’t reached, a decision can’t be made on the Matter.
To resolve the unresolved matter, the Chairperson calls another meeting and if that meeting is also unresolvable by absolute consensus, then, the matter must be decided by a majority vote of the council members.
After the decision has been reached, the Secretary keeps the record of the decision of the council and signs it through the Chairperson and the Members.
Recommendation for Parliamentary Hearing
When a recommendation has been finalized by the Constitutional Council, Section 7 of the Act has recommended that the Secretary forward it to the Secretariat of the Federal Parliament for Parliamentary Hearing as per Article 292 of the Constitution of Nepal.
After the Secretariat of the Federal Parliament authorizes, the Secretary through the decision of the Council forwards it to the Office of the President to submit it for appointment.
Secretariat and Its Functions
According to Section 8 of the Constitutional Council Act, the Secretariat of the Constitutional Council is run by the Office of the Prime Minister and the Council of Ministers.
In the case of Officials leaving their position from a constitutional Body, that body must inform the Secretariat within 7 days and inform the relevant ministry. Then, the Secretary must inform the Chairperson.
Duties of Secretariat
The Duties of the Secretariat are as follows:
a. Schedule Meetings as directed by the Chairperson.
b. Carry Out or Ensure the Council’s Decisions are implemented.
c. Update and Organize the Record of the Council with confidentiality
d. Coordinate and Supervise the activities of the Secretariat while overseeing the work and assigning tasks to the Employees.
e. Verifying the Accuracy of the records of the Constitutional Council.
f. Regular Communication with the relevant bodies and ministry upon requirement.
Record Keeping
The Act has provisioned that the Secretariat of the Council must keep a list of people eligible to become officials in a Constitutional Body.
The List must be private and kept by the Secretary of the Council. It can’t be shared or made public without the authorization of the Council itself.
However, if someone’s name hasn’t been recorded by the Council, it can be recommended for a Constitutional Position under the requirements of the Constitution and the particular Federal Law.
Epilogue
The Constitutional Council Act 2066 has incorporated legal provisions on the procedure for the appointment of Officials of Constitutional Bodies and the Function, Duties, Powers, and Procedures of the Constitutional Council.
It has outlined the Functions of the Constitutional Council along with the Procedure for recommendation and conducting its meetings.
Cite
Pokhrel, Aupson. “Constitutional Council Act 2066 – the #1 Encyclopedia of Nepali History.” Encyclopedia of Nepali History, 18 Oct. 2023, itihasaa.com/acts/constitutional-council-act-2066.
