Executive Branch Reform – 2007
2007
The interim constitution was promulgated on 15 January 2007.[fn]”Secretary General’s Report to the Security Council,” United Nations (S/2007/235), April 26, 2007.[/efn_note] The provisions regarding the king, his property and his family members were adopted in Article 3.3 of the interim constitution. These provisions read as follows:
3.3. No powers to rule the country shall be vested in the King. The properties of late King Birendra, late Queen Aishwarya and their family shall be transferred to the Government of Nepal and be utilized for the national interest by forming a trust. All properties (like the palaces located in different places, forest and parks, heritages of historical and archeological importance etc.) acquired by King Gyanendra in that capacity shall be nationalized. Matters regarding whether or not to maintain the institution of monarchy shall be decided by a simple majority in the first meeting of the Constituent Assembly.
Given that the king had cultivated a personal and institutional leadership of Royal Nepal Army, the Seven Party Alliance forged a 23-point agreement on 23 December 2007. The text of the agreement provided that:
1. The following amendments will be made in place of Subtitles and Sub-article (1), (2), (3a).
(3b) of Article 159 of the Constitution:
a) Nepal shall be a federal democratic republic.
b) The republic will be implemented at the first meeting of the Constituent Assembly, provided that, if the King poses a threat to holding the Constituent Assembly election, a two thirds majority of the interim Legislature-Parliament can implement the republic by voting for the proposal. The Council of Ministers shall make the decision to submit such a proposal and the Council of Ministers shall present the proposal to the interim legislature-parliament.
c) The King shall not have any responsibility for handling any state affairs.
d) The Prime Minister shall be responsible for handling all state affairs. e) Until the implementation of a republic, the Prime Minister shall conduct all the duties of the head of state.
A third amendment, adopting an agreement among the SPA, was made to the interim constitution on 28 December 2007. This amendment stripped the king of all executive power and instead vested those powers in the office of the interim prime minister.