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Dr Koirala has mentioned the same amendment bill [which has already been withdrawn by the government] in his article.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 Covid-19 cases are low, but that’s not an excuse to avoid vaccination
- In Public Interest What is BF.7, the sub-variant that has the world by its grip?
- In Public Interest Threat of a new Covid-19 wave looms large amid vaccine shortage in Nepal
- In Public Interest As cases decline, Covid-19 test centres in Kathmandu are desolate lot
- In Public Interest Dengue test fee disparity has patients wondering if they’re being cheated
- In Public Interest As dengue rages on, confusion galore about what it is and what its symptoms are. Here’s what you need to know
In Public InterestCovid-19 cases are low, but that’s not an excuse to avoid vaccination The Pfizer-BioNTech bivalent vaccines authorised by the Nepal Government provide better protection a... Read More
- What is BF.7, the sub-variant that has the world by its grip?
- Threat of a new Covid-19 wave looms large amid vaccine shortage in Nepal
- As cases decline, Covid-19 test centres in Kathmandu are desolate lot
- Dengue test fee disparity has patients wondering if they’re being cheated
- As dengue rages on, confusion galore about what it is and what its symptoms are. Here’s what you need to know