Chief Justice Kedar Prasad Giri said today that the current cabinet cannot nominate the 26 members of the Constituent Assembly (CA).

Talking to the journalists at a gathering at Birendra International Convention Center organised to mark the Law Day Thursday, Giri said only the next government to be formed as per the CA results should decide on this issue. He didn’t explain his argument.

On the other hand, chairman of the CA Court and Supreme Court judge Anup Raj Sharma said that the interim constitution does not restrict the appointment of 26 CA members by the current government as well as by the next government.

“But, the international practice is that the existing government does not make any major decision after the election results is made public,” he said, talking to the reporters at the same venue.

Sharma said that the CA would not be complete without the 26 members, who are appointed by the government. “However, the constitution has not barred the convening of the first meeting of the CA without those members,” Sharma said.

He indicated the need to amend the current interim constitution to remove any constitutional complications. “There is no constitutional remedy to remove the current Prime Minister from his post without two-third majority,” he said.

He, however, stressed that there should be a political consensus before going for amendment in the interim constitution to prevent other complications that can arise during the amendment process. nepalnews.com ps 08 08