PM Deuba consults Constitution experts over National Assembly formation
KATHMANDU: Prime Minister Sher Bahadur Deuba on Saturday held a meeting with constitution experts after the Ordinance on National Assembly formation was tabled by Office of the President amid a dispute between parties over electoral system and formation of new government.
Legal experts suggested that the President cannot rebuff the ordinance presented by the government two months ago.
"The ordinance presented in accordance with the Constitution cannot be annulled by the President," Constitution Expert, Purna Man Shakya, said, "As per the provisions, the House of Representatives can only take shape after the formation of National Assembly, thus, the President should immediately pass the Ordinance."
According to Shakya, the formation of House of Representatives and selection of Prime Minister can not happen prior to formation of the National Assembly. The constitutional provision bars selection of federal Parliament representatives before formation of the National Assembly.
Moreover, legal experts opined that President shall not commit a non-constitutional act by halting the Ordinance under influence from political parties.
Former Chair of Nepal Bar Association, Harihar Dahal said that the provision of National Assembly formation by the government through single-transferable-vote was in line with the spirit of the Constitution.
"Upper houses are not formed based on majority of votes in other Democratic countries with upper and lower parliament," Dahal said, "As our Constitution advocates inclusion and proportional representation, ordinance presented by the Government through the single-transferable-vote ensuring representation of small parties in National Assembly is the proper way to move ahead."
Likewise, the experts also suggested that the Prime Minister need not to step down before appointing provincial chiefs.
Along with the Prime Minister, dozen other participants including Nepali Congress leaders, Ram Chandra Poudel, Krishna Prasad Sitaula, Chairman of Nepal Bar Association, Sher Bahadur KC and Former Chairman of Nepal Bar Association, Prem Bahadur Khadka attended the meeting.