Parliamentary Hearing Committee

Brief introduction

Parliamentary hearings is a democratic process of making the executive accountable and responsible by examining by legislature the efficiency, capability and honesty of the persons and officials proposed by the executive for appointment to the office of public importance. Clause (1) of article 292 of the Constitution of Nepalprovides for that parliamentary hearings shall be conducted as to appointments to the offices of the Chief Justice and Judges of the Supreme Court, members of the Judicial Council, chiefs and members of Constitutional Bodies, who are appointed on the recommendation of the Constitutional Council under this Constitution, and to the offices of ambassadors, as provided for in the federal law. Clause(2) of that article provides  that for the purposes of clause (1), there shall be formed a fifteen-member joint committee consisting of members of both Houses of the Federal Parliament, in accordance with the federal law. Likewise clause (3) of the same article provides that no member of the joint committee under clause (2) shall practice law in the Supreme Court during that term of the Federal Parliament.

Constitution of committee

              Pursuant to the constitutional provision of clause (2) of article 292 of the Constitution of Nepal  and rule 25 of chapter 5 of the Federal Parliament’s Joint Sitting  and Joint Committee (conduct of business) Rules, 2075 (2018), the sitting of the House of the Representatives  held on 2075.3.25 ( Aug 09,2018 )   had  confirmed the name of twelve honorable members of the parliamentary hearings committee and the sitting of the National Assembly held on 2075/3/22 (Aug 09,2018)  had confirmed the name of three honorable members of the committee.

Chairperson  of  committee

          Pursuant to the  provision of sub-rule (4) of rule 25 the Federal Parliament’s Joint Sitting and Joint Committee (conduct of business) Rules, 2075(2018)  of  the members of the committee electing  from among themselves the chairperson  of the committee, the meeting of the committee  held on 2075/6/07 (Sept 23,2018) unanimously elected honorable member Laxaman Lal Karna, the chairperson of the committee.

Jurisdiction of   committee

          Pursuant to clause (1) of article 292 of the Constitution of Nepal, parliamentary  hearings is  to be conducted   of the following officials in accordance with the  Federal Parliament's Joint Sitting and Joint Committee (conduct of business) Rules, 2018,  :-

  • The chief justice to be appointed on recommendation of the Constitutional Council,
  • Justices of the supreme court,
  • Members of the Judicial Council,
  • Chief or office-bearers of the constitutional body , and
  • Persons to be appointed to the post of ambassador

Meeting of committee

Sub-rule (4) of rule 26 of the Federal Parliament's Joint Sitting and Joint Committee (conduct of business) Rules, 2018, provides that the chairperson may call the meeting of the committee as required.

Quorum

Sub-rule (4) of rule 26 of the Federal Parliament's Joint Sitting and Joint Committee (conduct of business) Rules, 2018, provides the following provision regarding the quorum of the sitting of the committee :

  • In order to conduct sitting of the committee, presence of fifty one percent member of the total number of the members of the committee shall be mandatory.

Decision of the  committee

          Sub-rule (5) of rule 26 of the Federal Parliament's Joint Sitting and Joint Committee (conduct of business) Rules, 2018, provides the following provision regarding the  decision of the sitting of the committee :-

  •  If the name received pursuant to sub-rule (1) is not rejected by two-thirds majority of the total number of members of the committee, the name shall be deemed to have been confirmed.

 

Secretariat of  committee

There is a secretariat of the parliamentary hearings committee under the federal parliament Secretariat. The Rules provides  that the Secretary -General shall be the ex-officio secretary to the joint sitting and joint committee. However, there is a provision to the effect that the secretary general may depute the secretary to the House of the Representatives or the secretary to the National Assembly to work as the secretary to the joint sitting or joint committee.

Staff working in the secretariat of the committee

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Dr. Bharat Raj Gautam,
General Secretary of Federal Parliament
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