Nepali Congress (NC) President Sher Bahadur Deuba is also the main opposition leader. The main opposition leader does not just keep an eye on the government's performance and criticize when it errs, but also has some constitutional duties in a democracy. The state, therefore, remunerates him on par with the prime minister (PM).
Participating in the Constitutional Council meetings to recommend office-bearers for constitutional bodies is one of those constitutional duties.
The Constitution Council on January 20 had recommended former secretary Balananda Paudel as chairman of the National Natural Resources and Fiscal Commission, former secretary Shanta Raj Subedi as that of National Inclusion Commission, Bijay Kumar Dutta of the Madhesi Commission, Bishnu Kumar Chaudhary of the Tharu Commission and Samim Ansari in the Muslim Commission. Deuba was not present in the meeting that day.
NC boycotted the parliamentary hearing for the five chairpersons recommended by the meeting in Deuba's absence. All five of them have assumed office with four getting endorsed by the committee which could not decide on Ansari.
Deuba was not present even during the Constitution Council meeting on Monday that recommended Secretary at the Ministry of Federal Affairs and General Administration Dinesh Kumar Thapaliya for chief election commissioner (CEC).
NC blames the government for Deuba's delinquency. NC Vice-president Bimalendra Nidhi told Setopati that the government intentionally called the Constitution Council meeting on the day NC had convened parliamentary party meeting.
"There was parliamentary party meeting on Monday as per the longstanding practice of NC to hold one after the end of House session. Why should the Constitution Council be convened on Monday itself?" Nidhi questioned the intention of PM KP Sharma Oli who chairs the council and calls its meetings. "Why should one call the Constitution Council meeting if you don't want to act in accordance to the spirit of Constitution? You may as well do those works through the Cabinet."
He claimed that the Constitution Council meetings in the past were called after consultation with the main opposition party.
NC Spokesperson Bishwo Prakash Sharma claimed that the meeting was convened without completing due procedure, and PM Oli refused Deuba's request to postpone it for the next day. "Information should be given 48 hours prior to the meeting but there was none. President Deuba could not attend the Constitution Council meeting on Monday as he was busy in the parliamentary party meeting," Sharma stated. "He phoned PM requesting to postpone the meeting as he had other commitment. We also sent a letter urging to call the meeting another day. But they did not comply."
Constitution Council Member and National Assembly Chairman Ganesh Prasad Timalsina conceded that NC had sent a letter but claimed that the meeting was held as Deuba said he will be busy until April 5. "We had to recommend the CEC as by-elections have to be held soon," Timalsina argued. "Quorum was complete and the decision taken."
Four makes a quorum in the six-member Constitution Council.
Timalsina claimed that there was no legal or procedural flaws in the meeting's decision but conceded that the PM should consider how to take the main opposition party along.
NC Spokesperson Sharma accused the government of disregard for the spirit of Constitution and unilateralism. "The government feels it does not need to consult anyone. The past incidents also show that," he contended.
There are accusations that Deuba has been boycotting the Constitution Council meetings after the ruling CPN refused to provide NC a share in the appointments. But Sharma refuted the allegations.
"The people have put us in the opposition through the election. We are not boycotting the meetings demanding our share of spoils," he argued. "Who are they to give us spoils? And why should we demand?"
