Nepal

Article 274 does not pose hurdle to revise provincial boundaries, lawyers tell PM

Article 274 does not pose hurdle to revise provincial boundaries, lawyers tell PM

By Himalayan News Service

FILE: CPN Maoist Centre Chairman and Prime Minister Pushpa Kamal Dahal speaks at a training programme organised by the All Nepal National Independent Students Union-Revolutionary, in Kathmandu on Wednesday, November 9, 2016. Photo: RSS

Kathmandu, November 25 Prime Minister Pushpa Kamal Dahal has intensified consultation with lawyers after the CPN-UML leaders told him that revision of provincial boundaries was not possible without the consent of the provinces concerned. The UML leaders are saying that as per Article 274 of the constitution, any amendment to the constitution to change the boundaries of the provinces could happen only with the consent of the province concerned and in the absence of provincial government such an amendment was not possible. Article 274 (4) stipulates: (4) If a Bill introduced pursuant to clause (1) is related with the alteration in the borders of any State or matters set forth in Schedule-6, the Speaker or the Chairperson of the concerned House must send that Bill to the State Assembly for its consent within 30 days after its introduction in the Federal Parliament. PM Dahal and Nepali Congress President Sher Bahadur Deuba consulted senior Advocate Surya Dhungel, former Vice President of Nepal Bar Association Surendra Kumar Mahato, and Advocate Dipendra Jha. The PM also consulted Law Secretary Tek Prasad Dhungana. The PM had consulted NBA office bearers yesterday. Mahato said he told the PM that the meaning of Article 195 of the constitution was that Nepal’s political transition was not over and nothing barred amendment to the constitution by two-thirds majority during the transitional period. Dhungel said he told the PM that since political institution had not been created (provincial governments) yet, the government faced no constitutional hurdle in registering a constitution amendment bill to revise the boundaries of the provinces. Mahato said if the parties were of the view that Article 274 of the constitution posed hurdle to constitution amendment, then they could change the phrase of the article. “If parties think that Article 274 (4), (5) and (6) posed hurdle to constitution amendment then they could repeal those sub articles or if they do not want to do that they could drop some words of Article 296 (4). “If the UML is ready to amend the constitution and Article 274 poses hurdle, then that article can also be changed, but if UML is citing constitutional provision to stall the constitution amendment then it is a different matter,” Mahto added. CPN-Maoist Centre leader Narayan Kaji Shrestha said the prime minister would continue his consultations on Article 274 of the constitution. “If the United Democratic Madhesi Front does not support the constitution amendment bill, then there is no rationale for moving such a bill,” he said and added that if the UDMF agreed, the government would register the bill before the Federal Alliance’s deadline ends on Monday. The FA has threatened to take to the streets if the government failed to move the constitution amendment bill by November 28. Asked how the government would deal with the UML now, Shrestha said national unity was the need of the hour and the government would continue persuading the UML to come on board the process. According to a source, Secretary Dhungana, however, told the PM that as per the constitutional provision, amendment to the constitution to change the boundaries of the provinces was not possible without the approval of provinces. Dhungana, however, declined to give details of his conversation with the PM on the issue. “I have discussed constitutional issues with the PM but I am not supposed to tell you what I have told the PM,” he told this daily.