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Amending Constitution For Shortening Statute-Drafting Process
By KTM Metro Reporter
April 9, 2012: leaders of UCPN-Maoist, NC and CPN-UML have agreed in principle to amend the Interim Constitution of Nepal of 2007 to remove the lengthy procedures of a constitution writing. The Interim Constitution of Nepal of 2007 has the Article 70 with provisions for passing a new constitution as follow.
“Article 70. Procedure for passage of constitution bill: (1) The Constituent Assembly shall, in passing a constitution bill submitted to it, pass such bill by way of voting on the preamble and every article of the bill.
(2) In a voting referred to in Clause (1), the bill shall be passed by consensus of a meeting attended by at least two-thirds of all the then members of the Constituent Assembly.
(3) Failing a consensus on the preamble or any article of the constitution bill pursuant to Clause (2), the parliamentary party leaders of the political parties represented in the Constituent Assembly shall hold mutual consultations in order to reach consensus on such matter.
(4) The holding of consultations pursuant to Clause (3) shall be completed no later than a maximum of fifteen days after the date of failure to reach consensus.
(5) No later than seven days after the holding of consultations, if any, pursuant to Clause (4), the preamble or any article of such bill shall be again put to vote.
(6) Failing the consensus referred to in Clause (2) notwithstanding the voting held pursuant to clause (5), the preamble or the article in respect whereof consensus could not be reached shall be again put to vote; and if, in such voting, the preamble or article is passed by a two-thirds majority of a meeting attended by at least two-thirds of all the then members of the Constituent Assembly, such preamble or article shall be deemed to have been passed.
(7) For the purpose of this Article, if, in a voting on the preamble or any article of the constitution bill introduced in the Constituent Assembly, none of the members does vote against the preamble or any article of such bill, the consensus shall be deemed to have been reached.”
Coming out of the meeting presided over by Prime Minister Dr. Baburam Bhattarai at the office of the prime minister today, Chairman of CPN-UML Jhalanath Khanal has told the reporters that leaders of the political parties have agreed on amending the Article 70 of the Interim Constitution of Nepal of 2007 to shorten the procedures of passing a new constitution.
Similarly, NC leader Dr. Ram Sharan Mahat has told the reporters that leaders have agreed in principle on amending the Interim Constitution of Nepal of 2007 but remains to be seen how it will be done practically.
Meeting the May 27 deadline for completing a new constitution has been impossible following the procedures made in the Article 70 of the Interim Constitution of Nepal of 2007. So, Prime Minister Dr Baburam Bhattarai called a meeting of leaders of the major political parties at his office in Singha Durbar today. The leaders have agreed on amending the Interim Constitution of Nepal of 2007. Then, the Cabinet prepares a proposal for amending the Interim Constitution of Nepal of 2007, and submits it to the Parliamentary Business Advisory Board for its approval and then to the full House of the Constituent Assembly (CA) for endorsement. Thereafter, the CA will revise its calendar of operation of writing of a new constitution to meet the May 27 deadline for promulgating a new constitution.
