Legislative 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 document established an interim power sharing legislature whose representatives would be comprised from all the political parties, including all the members of the dissolved parliament. In the agreement, members of the dissolved parliament who supported the King were excluded.1 A 330-member interim parliament was established by the interim constitution. The constitutional provision regarding the interim legislature reads as follows (Article 45):
45. Constitution of Legislature-Parliament
(1) There shall be a unicameral Legislature-Parliament in Nepal, which shall consist of the following 330 members as set out in schedule 2.
(a) 209 members of the seven political parties and other parties who were sitting as elected members of the House of Representatives and National Assembly immediately before the commencement of this Constitution. Explanation: The phrase “Seven Political Parties” means Nepali Congress, Communist Party of Nepal (UML), Janamorcha Nepal, Nepal Sadbhawana (Anandidevi), Nepal Majdur Kisan Party and Samyukta Bam Morcha (United Left Front), which reached a political understanding on Kartik 22, 2063 (November 8, 2006),
(b) 73 members on behalf of Communist Party of Nepal (Maoist), (c) 48 members nominated by consensus from the Samyukta Bam Morcha, people-based and professional organizations, oppressed communities, backward regions, indigenous ethnic groups[Adivasi Janajati], and from among women and various political personalities.
(2) Notwithstanding anything contained in clause (1), persons who were against the People’s Movement shall not be in the Legislature-Parliament.
(3) The Legislature-Parliament shall be conducted on the basis of political consensus. (4) The term of the Legislature-Parliament shall come to an end following the first meeting of the Constituent Assembly. (5) If any seat of a member of the Legislature-Parliament falls vacant, for any reason, the vacancy shall be filled for the remaining period by nomination by the same political party or group, which the member was representing.
The 330 member interim legislature met for the first time on 15 January 2007. The interim legislature was designed to be replaced by the Constituent Assembly once the CA elections took place. The elections for the Constituent Assembly, however, did not take place as scheduled.