As the country is moving towards forming an interim constitution, experts have suggested that provisions should be made of at least three new constitutional bodies in the interim constitution nepalnews reports .
Constitutional lawyer Bhimarjun Acharya suggested that three more constitutional bodies including National Human Rights Commission (NHRC), Media Commission and Constitutional Court be included and recognized as constitutional bodies in the new constitution of Nepal .
The constitution of Nepal 1990, formed after the success of the popular movement of the country has a provision of five constitutional bodies namely the Election Commission, Public Service Commission, Commission for the Investigation of Abuse of Authority (CIAA), Auditor General, and Attorney General. Part 12 to part 16 of the constitution deal with these bodies.
The constitution has formulated these bodies in such a way that they remain (in principle) free of interference from the executive. They need to present their annual report to parliament.
According to the constitution, chief of the constitutional bodies are appointed by the King upon the recommendation of the Constitutional Council. The proclamation of the reinstated House of Representatives in May this year deprived the King even from this customary right.
Advocate Acharya argued that there was the need to add three more constitutional bodies in the new constitution keeping in view of the international practice and realizing the gravity of these sectors.
“NHRC as a constitutional body should be made organ of the state, not the government, so that it would be able to investigate into cases of rights violations committed even by the state in a free and fair manner,” he said, adding, “The NHRC formed under general law could not work effectively, so it should be included as a constitutional body.”
The NHRC should be empowered to investigate the incidences of rights violation by the state parties and make the culprit accountable, he added.
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