Friday, 28th November 2014

Door opened for Regmi to call the CA


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After a month-long tug of war between President Ram Baran Yadav and Chairman of Interim Government Khil Raj Regmi on who will call the first meeting of the Constituent Assembly, the President has paved way for Regmi to take the honour.

Late night meetings between President Yadav and Foreign and Home Minister Madhav Ghimire, Minister for Law and Justice Hari Prasad Neupane and Attorney General Dron Prasad Regmi at Sheetal Niwas on Friday ended on finding a mutually agreeable procedure that will allow Chairman Regmi to call the CA.

The Office of the President has taken the initiative to ask Regmi to take the call. However, Regmi is yet to respond.

A cabinet meeting has been called on Saturday to discuss the issue.

The head of the state versus the head of the government began as an issue of political difference but has now become a legal issue.However, it seems that a decision from the Supreme Court will take time, delaying the historic first meeting of the CA.

As per the Article 69 of the interim constitution, the first meeting of CA should be held within the 21 days of the publication of CA candidates' final name list in the national gazette. Eight days have already passed and the President has decided to not delay it further by resolving the issue internally.

Article 69(1) specifies a provision that the first meeting of the CA should take place at the call of the Prime Minister. This leaves clear opening for Regmi to take the call.
 
However, Article 51 (1) of the constitution provides that the President can summon the Legislature-Parliament meeting time to time on recommendation of the Prime Minister and Article 51(2) states the President can prorogue the House session on recommendation of the Prime Minister. Our constitution provisions a unicameral house, divided into CA and the parliament.


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