Chief of Army Staff (CoAS) Gaurav SJB Rana has formally set out the army's reservations over some of the provisions, in the form of suggestions submitted to Prime Minister Sushil Koirala on Saturday and President Dr Ram Baran Yadav on Sunday. The president is also commander-in-chief of the army.The NA has demanded that the Chief of Army Staff (CoAS) should be made a member of the National Security Council (NSC), the body that takes decisions on mobilizing the army. As per the provisions in the draft constitution, the prime minister heads the NSC while the defense, home, finance and foreign ministers act as its members.
Arguing that the role, responsibilities and functions of the NA have become more important and more sensitive in terms of national security as the country goes for a federal structure, the army said its suggestions are being provided with the intention of helping the government protect and promote important national interests in a better way.
The absence of any representative from the institution that is entrusted with the responsibility of safeguarding the nation makes it difficult for the NSC to get proper security briefings and make proper assessments of the ground realities.
Likewise, the NA has maintained that since decisions on the recruitment, appointment and promotion of army personnel are made through the Nepal Army Act, there is no need to involve the Public Service Commission (PSC) in these decisions. The draft constitution has proposed to make all appointments and promotions of army personnel through the PSC.
The NA has also demanded that the appointment of the CoAS be made through the president at the recommendation of the council of ministers. The draft constitution has a provision on appointing the CoAS and relieving him of the post as per the existing laws. This provision conspicuously removes the provision on appointment of the CoAS by the president at the recommendation of Council of Ministers.
Likewise, the NA has also maintained that NA personnel should not fall under the jurisdiction of the Commission for Investigation of Abuse of Authority (CIAA) as they are already liable to strong punishment in accordance with the Army Act. The national army said it would be against natural justice to punish the same persons twice for the same offense.
Concerned over the proposed provisions concerning the army in the draft constitution, the NA is also holding interactions on these provisions with divisional commanders, in Kathmandu Monday. Earlier, the NA leadership held interactions with the generals to seek their feedback on the draft provisions.
Issuing a press statement Sunday, the NA assured that it will be committed to fulfilling its professional duty with full responsibility and accountability even after the country goes for a federal structure.
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