Interim Constitution, again

Once more, the time has come to turn to the happiest book of the land: The Interim Constitution of Nepal, 2007 [As Ammended by the First to Sixth Ammendmends]

In less than 20 days, the tenure of the CA will expire, as provided by Article 64 of the Interim Constitution [IC]:

"Unless otherwise dissolved earlier by a resolution passed by the Constituent Assembly, the term of the COnstituent Assembly shall be two years from the date of its first meeting.

"Provided that the term of the Constituent Assembly may be extended for up to six months by a resolution of the Constituent Assembly, in the event that the task of drafting the Constitution is not completed due to the proclamation of a State of Emergency in the country."

There is no other legal provision provided by the IC to extend the tenure of the CA--it can not be done through a simple majority or two-thirds vote in the CA at any time. There is simply no law under which a bill to extend the tenure can be presented.

Which implies that, upon the expiration of the CA's tenure, the country *must* go into a State of Emergency.

Unless, a bill to amend the IC is tabled at the CA. Article 148 provides for amendments of the IC:

Article 148(1) A Bill regarding amendment or repeal of any Article of the Constitution may be presented in the Legislature-Parliament

148(2) The Bill shall be deemed passed if the Bill so presented at the Legislature-Parliament is aproved by at least two-thirds majority of the total existing members. [414 CA members]*

Article 70, provides for how the new constituion will be written:

70(1) The CA shall, in order to pass a Bill relating to the Constituiton, vote on the Preamble and each Article of such a Bill introduced before it.

70(2) To vote according to clause (1), at least two-thirds of the total members of the CA must be present and must pass the motion unanimously.

70(3) In a unanimous decision pursuant to clause (2), regarding the Preamble or any Article of the Bill relating to the Constitution, is not reached, the leaders of the parliamentary party of the political parties represented in the CA shall consult each other to achieve consensus on such matters.

70(4) The consulation to be carried out pursiant to clause (3) must bbe completed within a maximum of fifteen days from the date on which the unanimous decision could not be reached.

70(5) If consultation is carried out pursuant to clause (4), fresh voting on the Preamble or any Article of such Bill shall be carried out within seven days from the date of the completion of such consultation.

70(6) If a unanimous decosion is not reached as provided in clause (2) even after carrying out voting pursuant to clause (5), there shall be a further vote on such Preamble or Article on which a unanimous decision could not be reached; and if at least two-thirds of the total members of the CA are present at such a meeting adn at least two-thirds of the attending members vote in favor, such a Preamble or Article shall be deemed to have been passed.*

*[I edited the language towards the end of this sentence, because the translation of the IC published by UNDP is rather unclean and confusing compared to the original Nepali.]

This clause is the only way to break deadlocks in the CA if dialog fails.

This would require 4/9 of the total number of CA members, which is to say, 4/9[240 {direct elected}+355{proportional representation}+26{nominated}] = 4/9[621] = 276 CA Members.

The numbers here for the direct elected, proportional representation and nominated members are according to the amended Article 63(3)a, b and c.