Impeachment suggestion panel ‘after Dashain’

- TIKA R PRADHAN, Kathmandu
Says Parliament has begun consultations regarding formation of the IRC and filling vacancies in other parliamentary committees

Oct 8, 2016-Speaker Onasari Gharti has said the Legislature-Parliament would form the Impeachment Recom-mendation Committee (IRC) after Dashain holidays. 

Talking to reporters at her office in Singha Durbar on Thursday, Gharti said Parliament has already started consultations regarding formation of the IRC and filling vacant positions in other parliamentary committees.

Parliament had launched consultation regarding formation of the IRC, as provisioned by the constitution, on September 26 when Speaker Gharti had held discussions with leaders of major political parties with a view to expediting the process to constitute the panel. 

Article 101 (3) of the Constitution of Nepal says: “There shall be an Impeachment Recom-mendation Committee in the House of Representatives for the purpose of making recommendation after inquiring into whether there exist the ground and reason for moving a motion of impeachment against any person...”. Such a committee “shall have 11 members”, says Article 101 (4).

The IRC is one of the several committees that Parliament needs to form in line with the constitutional provisions. However, all eyes seem to be on the Impeachment Recommendation Committee in the wake of growing demand from a section for impeachment of the head of a constitutional body.

Dr Govinda KC, whose ninth hunger strike entered the 11th day on Thursday, has put forward impeachment of Lokman Singh Karki, chief of the Commission for the Investigation of Abuse of Authority, as one of his demands. 

However, an impeachment motion against any individual cannot be moved without an Impeachment Recom-mendation Committee. 

According to Article 101 (2) of the Constitution of Nepal, one fourth of the total 

number of the then members of the House of Representatives may move a motion of impeachment against the chief justice or Supreme Court judge, Judicial Council member and chief or official of a constitutional body on the ground of his or her failure to fulfil his or her duties of office because of serious violation of constitution and law, incompetence or misconduct or failure to discharge the duties of office honestly or serious violation of the code of conduct. 

“If the motion is passed by at least two thirds majority of the total number of the then members of the House of Representatives, the concerned person shall be relieved of his or her office,” it states.

Published: 08-10-2016 08:21

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