KATHMANDU,  August 9

Lawyers have highlighted the need for amendment to the draft constitution to give some constitutional roles to the vice-president.

Article 71 (2) of the draft constitution states that vice-president shall perform the duties of the president until a new president is elected in case the president ceases to hold office due to reasons other than his or her absence or expiry of his/her term in the office.

Senior Advocate Mithilesh Kumar Singh said in a bicameral Parliament, the vice-president should be made the ex-officio chairperson of the Upper House. He cited the example of India and the United States of America, where the vice-president chairs the Upper House.

Advocate Chandra Kanta Gyawali said if the vice-president was not given the role of the chairperson of the Upper House, he would not have any constitutional role and his days in the office would be boring.

“In our country, the president does not do much. He does not embark on foreign tours often. So if the draft constitution’s provision remains unchanged, our vice-president will have nothing to do,” Gyawali added.

Gyawali said the parties had tentatively agreed in the first Constituent Assembly to make the vice-president ex-officio chairperson of the Upper House, but the draft failed to incorporate it.

“If the vice-president is made ex-officio chairperson of the Upper House, s/he can take part in the legislation process and that would make him/her play a more mature role in the country’s administration,” he added.

Former vice-president of the Nepal Bar Association Surendra Kumar Mahato said without making the vice-president the ex-officio chairperson of the Upper House, it would be difficult to prove the constitutional validity of the post.

“Article 275 of the draft constitution states that in the absence of the president and the vice-president, the work performed by them shall be performed by the prime minister. If that is the case then there is no need to have a separate vice-president,” he added.

Mahato said if the vice-president was made ex-officio chairperson of the Upper House and if the provision of vice-chairperson of the Upper House was dropped, then the state could save a lot of money.

“Constitutional posts are created to serve the nation, not to give political quotas to the parties. We are a poor country and we should think how we can save resources,” Mahato said, adding that there is no need to create the post of vice-chairperson of the Upper House, as the chairperson can always assign any other member to run the House in his or her absence.

Secretary General of the Nepal Bar Association Sunil Kumar Pokharel echoed Mahato’s views. “There can arise a problem of protocol when the vice-president is the ex-officio chairperson of the Upper House and a joint meeting of Parliament is called. In India, the speaker chairs the joint meeting and the vice-president, who is ahead of the speaker in protocol, chooses to be absent from such meetings. We can have a similar provision,” he argued.

VP as Upper House chairperson?

• Senior Advocate Mithilesh Kumar Singh: In a bicameral Parliament, the vice-president should be made the ex-officio chairperson of the Upper House

• Advocate Chandra Kanta Gyawali: The parties had tentatively agreed in the first CA to make the vice-president ex-officio chairperson of the Upper House, but the draft failed to incorporate it

• Former NBA vice-president Surendra Kumar Mahato: Article 275 of the draft constitution states that in the absence of the president and the vice-president, the work performed by them shall be performed by the prime minister. If that is the

case then there is no need to have a vice-president