Approval of unaffected provinces is not needed for altering provincial boundaries
Sujit Mainali / May 9, 2017
Nepali Congress central committee member Dr Shekhar Koirala in an article titled “Formula for solution: Consensus government” published in Naya Patrika daily on April 30, said the following:
“Of course, a new province can be carved out of Province 5. But how reasonable would it be to seek permission from Province 1 for carving a new province out of Province 5?”
South Asia Check has examined whether the permission of Province 1 is required to alter the boundary of Province 5 or not.
For this, we studied the provisions of the Constitution of Nepal-2072 regarding making changes to the provincial boundaries.
Clause 5 and 7 of Article 274 of the constitution state that the amendment bill meant for altering the boundary of a province(s) should be endorsed by simple majority of the provincial assemblies concerned.
Agitating Madhes-based parties are demanding parliamentary endorsement of the provisions on altering the provincial boundaries mentioned in the first amendment bill brought by the incumbent Pushpa Kamal Dahal-led government.
Dr Koirala has mentioned the same amendment bill [which has already been withdrawn by the government] in his article.
If the provincial boundaries are altered as per the first amendment bill, then the boundaries of Province 4, Province 5 and Province 6 will change.
If the provincial assemblies of two out of the three provinces concerned accept the bill through simple majority, the federal parliament can endorse the bill through its two-thirds majority.
None of the provisions of the constitution makes it mandatory to seek the permission of Province 1 to alter the boundaries of Province 5.
Therefore, Dr Koirala’s statement is wrong.
This material is copyrighted but may be used for any purpose by giving due credit to southasiacheck.org.
- In Public Interest Birth date mismatch problem isn’t going away soon
- Fact Check Upendra Yadav disowns Rs 5 million compensation promise
- Fact Check Elderly allowance at 65 won’t benefit senior citizens from districts with lowest life expectancy and Dalits
- Fact Check KP Oli is 38th prime minister, not 41st
- Earthquake Promise Tracker Housing assistance for quake victims: Given in word not in deed
- Fact Check Former Minister Kiranti’s statement partially correct
In Public InterestBirth date mismatch problem isn’t going away soon While the controversy over the variations in the date of birth of Chief Justice Gopal Parajuli in hi... Read More
- Few women elected to parliament under FPTP
- Six women elected to parliament under FPTP system
- Tall poll promises!
- Prime minister’s wealth: Then and now
- Bhadrapur’s 66 years of wait for a bridge