KATHMANDU, April 6: Over four months have passed since the last election to the House of Representatives (HoR). However, the parliamentary hearing committee (PHC), which includes members of the HoR and the National Assembly, is yet to be formed. The reason behind this is that the Joint Meeting of Federal Parliament and Joint Committee (Work Operation) Regulation, 2075 specifies that the parliamentary hearing committee will be completed only after amending the joint regulations according to the House of Representatives Rules 2075. However, with the passing of the House of Representatives Rules 2079 on Sunday, a leader has stated that the rules must be amended to reflect the new rules, which has caused some controversy among members.
However, a UML leader alleged that the committee would be complete only after the amendment to the regulation, but it is not serious about it. He said that since the rule has to be amended, it should also be kept on the agenda. The 15-member PHC will consist of 12 members of the HoR and three members of the National Assembly. It has nothing to do with the rules of the House of Representatives but can only be formed after amending the joint regulations. According to the joint meeting and joint committee (conduct of work) regulations of the joint parliament, the Speaker may give instructions to implement the procedure according to the House of Representatives Regulations, 2075, and all the powers vested in the committee formed according to the House of Representatives Regulations, 2075, can be used by this committee as needed.
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There is a provision for a parliamentary hearing before the appointment of the Chief Justice, Supreme Court justices, members of the Judicial Council, heads or office-bearers of the constitutional bodies, and ambassadors to be appointed on the recommendation of the Constitutional Council, according to the federal law. Since the official's hearing is held in the parliamentary committee, there is no committee, and even the Constitutional Council has not been able to make a recommendation. This has caused Acting Chief Justice Harikrishna Karki to hold the position permanently since September 27, 2022.
In order to hold a meeting of the Constitutional Council, the Constitutional Council must attain fullness, which requires the election of the Speaker and Deputy Speaker. The Speaker was elected on January 21, and the Deputy Speaker was elected on January 23. However, because the meeting of the Constitutional Council could not be held, there was no action toward recommending the appointment of the Chief Justice.
Now, with the passing of the House of Representatives Rules 2079, the rules of the joint house must also be amended, causing further delays in the formation of the PHC. A bill to amend the Act on the Constitutional Council (Constitutional Council (Functions, Duties, Powers and Procedures) 2066 has been brought to parliament to facilitate the decision-making process of the Constitutional Council meeting. The government is ready to hold a meeting of the constitutional council only after the passage of this bill, which is currently under discussion in parliament. The amendment to the bill is over, and it is expected that the meeting of the Constitutional Council may be extended further if the bill goes to the committee. Therefore, even if the Parliamentary Hearing Committee is completed after revising the rules of the Joint House, there is no possibility of recommending the appointment of the Chief Justice by the Constitutional Council.
