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Executive Branch Reform – 2015

Political parties failed to draft and promulgate a new constitution by the 22 January 2015 deadline they had set after the CA elections in November 2013.¹ One of the contentious issues was related to the form of government. After the massive earthquake in early May, political leaders representing the big four parties in
the Constituent Assembly met to discuss the constitution issue on 31 May, and agreed to settle all key issues within a few days and produce a draft constitution through fast-track.² On 9 June, 4 major political parties reached a 16-point agreement to deal with the contentious issues, which the Supreme Court ordered not to implement on 19 June.³ Nevertheless, the CA approved the draft constitution on July 7 forpublic feedback.⁴ According to the draft constitution, Nepal shall have a constitutional president as head of the state. Federal legislature, parliament and provincial assemblies elect the president for a five year term. According to the draft constitution, Nepal shall have multiparty competitive parliamentary system of government. Accordingly, the leader of the party having a clear majority or having support of other parties in Parliament will become the executive prime minister. For the first time, the draft constitution instructs that the number of ministers cannot exceed 25 at the federal level. The draft constitution also provides that a no-confidence motion cannot be introduced in the parliament in the first two years once the Prime Minister is elected. Also, a no-confidence motion cannot be introduced for the second time within a year
once it is failed. At the provinces levels, the party that wins the majority seat will form the provincial government.

1. “Nepal fails to draft new constitution before promised deadline,” Xinhua News Agency,
   January 22, 2015 http://news.xinhuanet.com/english/2015-01/23/c_133941628.htm.
2. “Big 4 agree to settle key disputes in next 3 days,” Republica, May 31,
   2015.
3. “Supreme Court stays 16-point agreement,” MyRepublica, June 19, 2015.
4. “CA concludes deliberation on draft constitution, sends for public feedback,” Himalayan Times, July 7, 2015.