The Indian Express
December 27, 2013
As the second Constituent Assembly in Nepal is in the process of being constituted, President Ram Baran Yadav and Chief Justice-cum-Chairman of the council of ministers Khil Raj Regmi are asserting their right to “summon” the inaugural session of the House.
“Going by the precedent set by the first CA, it is naturally the Chief Executive who summons the House,” according to Minister of Communication and government spokesperson Madhav Poudel.
G P Koirala, in his capacity as the Prime Minister, had summoned the first CA meeting on May 28, 2008, and the interim constitution inserted that as the to-be-practice when regular legislature is called in session.
According to a highly placed source, President Yadav, during his last meeting with Regmi, not only expressed his desire to summon the House on the recommendation of the cabinet but also asked the Chief Executive to make suitable amendment in the Constitution.
However, the response from Regmi, sources say, was a polite “no” as well as the assertion that it was his right and duty to summon the House.
Dr Surya Dhungel, President’s adviser on legal and constitutional matters, said the Prime Minister was given the responsibility to summon the House when it was first constituted in 2008 as the institution of monarchy or the “head of the state” was under a state of suspension.
“Now that we have a proper and functioning head of the state, the role naturally belongs to him as per the normal practices elsewhere.”
