Although the current parliament has yet to finalize regulations for parliamentary hearings, the regulations adopted by the last Constituent Assembly allowed nominees to be automatically eligible for constitutional appointments if hearings on their nominations could not be conducted within 35 days.With the 35-day hearing deadline on the nomination of 11 Supreme Court justices expiring after a week, Speaker Gharti said she is still confused whether the 35-day provision could be invoked at the time.
"I am not clear about this provision. I will hold dialogues with political parties before reaching a conclusion," said Gharti.
But lawmakers from major parties claimed that those recommended for the posts will be eligible for appointment if the hearing could not conducted within a week.
The parliamentary proceedings are being carried out based on interim work procedures since the promulgation of the new constitution, as the new regulations have not been finalized yet.
"The interim procedures states that any task not stated in it could be conducted based on the previous regulations," NC lawmaker and chairman of the parliamentary regulation drafting committee, Radheshyam Adhikari, said. "Thus, the people recommended for the posts will be eligible if the hearings on their nominations are not conducted within 35 days."
CPN-UML lawmaker Krishna Bhakta Pokhrel and UCPN (Maoist) lawmaker Ram Narayan Bidari echoed Adhikari's viewpoint. "The other parliamentary committees are functioning as per the previous regulations, thus, same would apply in case of justices appointments," said Bidari, who is also a member of the new regulations drafting committee.
Pokhrel of UML said the previous hearing committee could not be activated because a provision related to the committee in the new constitution contradicts with the one in earlier constitution.
Article 292 of the new constitution allows a 15-member hearing committee, whereas the last constitution had envisioned 73-member committee.
"The countdown for hearing starts immediately after the letter of recommendation reaches the parliament," argued Pokhrel.
Judicial Council recommended 11 names for the post of apex court justices on March 2 and resent it on March 15 after the speaker sent back those recommendations.
Showing absence of new parliamentary regulations to conduct hearing of any recommendations Speaker Gharti had send back the recommendations of 11 justices to Judicial Council and a chief election commissioner to the respected bodies two weeks ago. But her decision drew flak and the Supreme Court issued order to conduct hearing over the recommendations without any delay.
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