Kathmandu. The Constitution of Nepal 2072 has provided for thirteen constitutional commissions. The constitution provides for the federal parliament to review seven of them after the completion of their ten-year term.
Part 27 of the constitution provides for the National Women’s Commission, Dalit Commission, Indigenous Peoples, National Inclusive, Madhesi, Tharu and Muslim Commissions and also mentions their functions, duties and jurisdiction.
As the constitution is approaching its tenth anniversary, the parliament has also started reviewing the commissions. The Federalism Strengthening and National Concerns Committee under the National Assembly has started the formal process of reviewing the commissions. Experts were called to the meeting on Monday (yesterday) and discussed the commissions. Speaking at the meeting, experts expressed the view that the constitutional commissions have not been able to prove their legitimacy.
They expressed the view that the commissions established to increase the participation of the neglected communities in the mainstream of the state have recently started to be considered unnecessary by the government.
Former Chairman of the National Inclusion Commission, Dr. Ramkrishna Timalsina, said that the government’s approach to constitutional commissions is negative. He said that the government has started to consider constitutional commissions unnecessary. He informed that the commissions should be reviewed in light of national needs and the legitimacy of the commissions.
He said that although the commissions were established to further strengthen inclusivity in the country, it is necessary to evaluate the work being done by the commissions. He informed that the dignity of the commission has been weakened even when the qualifications of the office bearers other than the chairperson are not specified while appointing the office bearers of the commission.
Senior advocate Ram Narayan Bidari said in the meeting that the commissions have not been able to work effectively due to the weaknesses of the parliament itself. He said that the commissions are problematic when political parties appoint only those they want as office bearers. Bidari accused the office bearers of not being impartial after joining the commission from a political party. He claimed that although the parliament has given the power to monitor the constitutional commissions, the parliament has not been able to do so.
He said that the parliament has created a situation where lawmakers have to walk around the commissions in fear because the parliament has not provided experts to the people’s representatives. Lawyer Kashiraj Dahal said that the class that was sought to be brought into the state bodies through the constitutional commission has not been able to come. He informed that even the constitutional commissions are recruitment centers for relatives of the political leadership.
He said that it is necessary to redefine the commissions by classifying them. He said that the method of establishing commissions to practice inclusion in the country is not enough. In the meeting, the committee discussed with experts and took suggestions regarding the relevance and need of the commissions. It is said that a parliamentary committee is engaged in reviewing the commissions as per the constitutional provisions.
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