Parliamentary regulations delay affects key hearings

Regulation yet to finalize after 5 months of committee formation
KATHMANDU, March 22: The Parliamentary Regulations Drafting Committee has failed to finalize new regulations even after five months of its formation.

This has resulted in delay in conducting confirmation hearings for justices and other recommendations for appointment in various constitutional bodies.

After failing to resolve differences over formation of hearings committee, the 61-member committee on Monday sent back the disputed issues to a sub-committee giving it a 10-day deadline. However, discussion in the sub-committee is unlikely for a week as most of the members in the panel are scheduled to set off for eastern Nepal to hold interaction on penal and civil codes at various places.

Speaker Onsari Gharti had sent back the recommendations of 11 justices at Supreme Court to Judicial Council itself and recommendation of Ayodhi Prasad Yadav as chief election commissioner to the Constitutional Council citing absence of a hearings committee. The JC later resent the recommendations following Supreme Court's order to initiate hearings process without any delay.

Despite the order from the apex court, hearings on any recommendations are unlikely until the next parliament session, which has yet to be summoned, endorses the new regulations.

Incumbent Chief Justice Kalyan Shrestha is retiring in mid-April. The Constitutional Council is likely to recommend Sushila Karki to the post. However, delay in forming hearings committee may also affect Karki's appointment.

The ruling CPN-UML and UCPN (Maoist) accuse the main opposition Nepali Congress (NC) of hindering the regulations draft finalization process. Earlier the sub-committee had submitted the draft in December last week amidst dissenting voice from Nepali Congress lawmakers. The subcommittee had proposed forming a 15-member hearings committee, but opposition lawmakers had demanded giving continuity to the existing 73-member hearings committee.

"If the sub-committee fails to iron out the differences within the given deadline, the next meeting of the drafting committee will finalize the draft through a majority vote," said committee member Rewati Raman Bhandari.

The next meeting of the regulations drafting committee will be called after April 1, after the sub-committee submits its report.

After failing to finalize the dispute, deadline of the drafting committee has been extended for the fourth time. For the first time, the committee was given a month's time after the first meeting of the committee. The first meeting of the committee was held after one month of its formation on October 12, 2015. Deadlocked on dispute over formation of a hearings committee, the deadline of the committee was thrice extended for 15 days and for a month in the fourth time.

Time spent by regulation drafting committee
October 12, 2015: Parliament regulation drafting committee formed with one month's tenure.
November 20: First meeting convened.
December 1: Committee gets chairman

Deadline of the committee has been extended for fourth time
Dec 18 - 15 days
Jan 3, 2016 - 15 days
Jan 21 - 15 days
Feb 17 - 30 days

Delay in finalizing new parliament regulations affects:
Formation of parliamentary hearings committee
Hearing for 11 justices at Supreme Court
Hearing for chief election commissioner
May affect hearing for chief justice