Parliament can now abolish monarchy

Ananta Raj Luitel

King can be removed if he conspires against the Constituent Assembly polls and assumes ‘executive powers’

For the first time in the history of Nepal, the Parliament today adopted a provision in the Constitution that will allow the House to abolish the monarchy if the King is found to be conspiring against the Constituent Assembly elections.Inserting the provision in Article 159 of the Interim Constitution of Nepal 2007, the House passed the second amendment bill of the Interim Constitution by two-thirds majority. A total of 281 members of the 329 seats of parliament had cast their votes favouring the amendment while only two members cast their votes against the bill. Jana Morcha Nepal’s MPs Pari Thapa and Nava Raj Subedi cast their votes against the amendment. The bill came into force immediately after Speaker Subas Nembang announced the amendment at 10.30 PM and authenticated the Bill.

Though Prime Minister Girija Prasad Koirala was not present in the House, he has taken the amendment as a historic move contributing to the “strengthening of loktantra and the way of holding Constituent Assembly elections.” Home Minister Krishna Prasad Sitaula read out the PM’s letter to the House.Earlier, the parliamentary special committee passed the Interim Constitution second amendment bill after slightly changing the bill introduced by the government some few days ago in parliament.While addressing the Special Committee, Speaker Nembang termed the authority to abolish monarchy “unlimited power of the parliament and a blank cheque.” “We can remove him (the king) if he acts against the Constitution, if he assumes executive powers unconstitutionally and against the wishes of the people,” Nembang said.

As per the provision, a two-thirds majority of parliamentarians can decide on removing the king in case he tries to scuttle the CA polls. The Council of Ministers would bring in such a proposal in the Parliament.However, one-fourth strength of the parliament cannot initiate action against the king on its own, but the government has to forward the proposal first.Several MPs had proposed amendments in the provision. They demanded such an action could be initiated with political consent, but withdrew the provision after such an idea was criticised.Home Minister Sitaula said he is ready to accept the amendment.MPs today questioned why the government does not want to take action against the king on other grounds — for going against the spirit of the Constitution, people’s wish or loktantra.

Lawmaker Radheshyam Adhikari said the new parliamentary power is a “sword above the king’s head” and that it would stop monarchy from going against the people.Another amendment in Article 33 (a) said the CA polls would be held by mid-November. The earlier provision for holding the polls by mid-June was amended.Another important provision included in the statute is that the Parliamentary Public Hearing Committee would conduct hearings on the appointment of Supreme Court judges,ambassadors and heads and members of constitutional bodies. This provision is important as it would make the authorities accountable to the parliament and the public.The House also adopted a provision of an opposition party and an opposition leader in the Parliament.Amending Article 154, the parliament granted authority to the Constitution Delimitation Commission to review its earlier report as per the request of the government.

Amending Article 55, the parliament adopted the power to remove the Prime Minister by a two-third majority of the House with no-confidence motion. According to the provision, a no-confidence motion can be filed against the prime minister only two times in a year. One-fourth of the members of parliament can summon a special session of the House and the PM can call the session within 15 days.

Salient features

• CA polls to be held by mid-November

• Public Hearing Committee to oversee appointment of SC judges, envoys, heads and members of constitutional bodies

• House to have an opposition party and an opposition leader

• House also gets power to remove PM by two-thirds majority

• 281 MPs voted in favour of the second amendment out of 329

• Two MPs of Jana Morcha Nepal opposed the amendment

• One-fourth of parliamentarians can demand a special session

Source: The Himalayan Times, June 14, 2007