Lawyers divided over re-appointment in constitutional bodies
KATHMANDU, DEC 13 - Members of the legal fraternity remain divided over the decision of the Nepal Bar Association ( NBA ) to seek re-appointment in constitutional body posts that were filled following the removal of constitutional difficulties a few months ago. The umbrella organisation of lawyers in its meeting in Chitwan on Wednesday had taken the decision.
While some argue that it is necessary to seek parliamentary approval as the removal of difficulties was done in a special situation, others maintain that those appointments should be considered as exception.
Following the removal of constitutional difficulties that led to the formation of the Khil Raj Regmi government, appointment of the chief of the Commission for Investigation of Abuse of Authority was possible. The order also paved the way for the appointment of temporary justices in the Supreme Court. Also, vacant positions in Election Commission were filled.
NBA Vice-chairman Tikaram Bhattarai maintained that since the constitution has been reactivated, it is necessary to follow the provision in the statute. “The order for removing constitutional difficulties has been ineffective. In this situation, it is necessary that all the members and heads of constitutional bodies are re-appointed,” said Bhattarai.
Echoing Bhattarai, Advocate Chandrakanta Gyawali said that going by the practice it is necessary to get the appointments endorsed in the new situation. “Those appointments took place when parliament did not exist. As the new elected body has been instituted, it is necessary to get them approved,” he added.
Senior Advocate Radheshyam Adhikari, however, said these appointments should be considered as exception. He hinted at possible moral crisis over debating the appointments that took place in the absence of parliament.
“The constitution itself was derailed then. Can we now undo the election conducted by the commissioners appointed through the order?” Adhikari questioned.
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