Constituent Assembly meet slated for Jan 22

KATHMANDU, JAN 12 -
President’s aides say Cabinet does not address head of state’s concerns
The government and the President’s Office reached an understanding on Saturday to allow Interim Election Government Chairman Khil Raj Regmi to convene the first meeting of the Constituent Assembly. The meeting will be held on January 22 at 3:00pm at International Convention Centre in Baneshwor, Regmi’s personal secretariat stated.

It was, however, not clear whether the government took the President in confidence before taking the call, especially on the wording of the summon letter. Sources said the President’s Office was not happy with the way Regmi called the meeting as the latter did not mention the President’s Office in it.

Regmi’s call follows his meeting with President Ram Barn Yadav on Saturday afternoon at Sheetal Niwas where the head of state instructed the executive head to take necessary steps and call the CA meeting as soon as possible, “taking into consideration the spirit of the Interim Constitution, past constitutional practices and international norms”. Given the spirit of the instructions, sources said, Regmi should have given some space to the President in due recognition of the international practice.

President’s Office, which advocated its right to call the CA meet, maintained softer stance after the issue polarised politics and drew the Supreme Court’s attention.

“Considering Regmi’s clout in the apex court, the President’s Office was in doubt whether the court will deliver a verdict in the President’s favour. The President’s Office, therefore, decided to allow Regmi to call the meeting, while reminding him to respect the spirit of the constitution,” said an aide to President Yadav.

There are two mutually opposing litigations pending in Supreme Court and the parties had stayed away from discussing the issue citing the case sub judice. While the court has not issued any order barring the government from calling the CA , advocates said, Regmi’s decision could be challenged in the court.

President’s aides said while Cabinet ministers were positive about settling the row amicably, the Attorney General took a hard stance. “The role of AG Drona Prasad Regmi was crucial in that it was his tough stand that led to the decision. Even the ministers, who approached us, were positive about seeking an amicable solution to the row, addressing President’s concerns. But AG Regmi took a rigid stance,” said another aide to the President.

While the Nepali Congress was arguing in favour of allowing the President to convene the CA even if it requires a constitutional amendment, the UML was opposed to it.

Article 69 of the Interim Constitution states that the CA meeting should be called within 21 days of the final election results. The Election Commission published the final list of lawmakers in the Nepal Gazette on January 6. Regmi was also given the rights of the prime minister at the time of his appointment as the Chairman in May 2013 through the removal of constitutional difficulties.  

After the two institutions-President’s Office and the PMO—locked horns over who exercises the right, the debate landed in the Supreme Court.

This constitutional provision was practised in the first CA at a time when the role of then king was suspended and the late Girija Prasad Koirala headed both the state and the government. Subsequently, Koirala summoned the meeting in his capacity as the PM. Moreover, the constitution did not envisage that there would be a second CA .

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