Forgot your password?
Fifth Amendment to Interim Constitution passed
By KTM Metro Reporter in Kathmandu
On the Sunday night, July 13, 2008, the Constituent Assembly (CA) passed the Fifth Amendment to the Interim Constitution of Nepal of 2007 by 442 votes out of the 601 votes of the CA. Seven votes went against the Fifth Amendment. Those seven CA members voting against the Fifth Amendment are four from Nepal Worker’s and Peasants’ Party, two from Sanghiya Loktantrik Rastriya Manch and one from Nepa Rastriya Party. Madhesh-based CA members boycotted the CA session. Since the vote is more than two-third majority, the boycott of the Madheshi CA members would not affect it according to the analysts.
Officiating CA Chairman Kul Bahadur Gurung gave his final assent to the Fifth Amendment immediately after its passage from the CA making it the part of the Interim Constitution.
Thirteen small parties made 14 proposals for amending the Fifth Amendment but the CA rejected all of them by an overwhelming vote.
The Fifth Amendment has the provision for electing a President, Vice-president, Chairman of CA and Prime Minister by a majority vote if the political parties could not reach a consensus on those positions, for removing President and Vice-president by a two-third vote and Prime Minister by a simple majority vote, and for Prime Minister submitting his/her resignation to the President. It also has the provision for a supplementary budget. Following this provision, Finance Minister has submitted a supplementary budget to the CA on Monday, July 14, 2008.
President and Vice-president shall have separate offices. Finance Minister has allocated Rs 2.5 million to the President’s office and Rs 2.0 million to the Vice-president’s office in his supplementary budget submitted to the CA on Monday, July 14, 2008.
The President shall call the CA session and shall end it on the recommendation of Prime Minister and shall perform on the recommendation of Prime Minister all of other duties taken over by the Prime Minister as an Acting Head of State.
The Prime Minister shall appoint three ministers of different political parties to the members of the National Security Council and the Constitutional Council. The opposition leader sits on the Constitutional Council but not on the National Security Council.
A provision is made for guaranteeing the entry of the Madheshis, ethnic and indigenous people, dalits, women, and the people from backward areas into the Nepali Army on the principles of equality and inclusiveness for making it national and inclusive.
The proposal for the sitting of the Opposition Leader on the National Security Council did not pass through the CA, as 364 votes went against it and 124 votes for it. The CPN-Maoist and CPN-UML members voted against it and the NC, Nepal Workers’ and Peasants’ Party, Rastriya Prajatantra Party, Rastriya Janashakti Party, Rastriya Prajatantra-Nepal members voted for it. It was a significant first blow to the NC in the CA session.
Members of all of the Madheshi parties such as Madhesi People's Rights Forum, Terai Madhesh Democratic Party, Sadbhavana Party and Dalit Janajati Party did not show up at the CA session, however, they would certainly collect the salaries and other remunerations.
