What happens to the impeachment motion registered against CJ Rana if HoR’s term expires?

KATHMANDU, July 12: The term of the current House of Representatives (HoR) is soon to expire. However, very little has been done to move the impeachment motion registered against Chief Justice (CJ) Cholendra Shumsher JB Rana.

According to Article 111 (10) of the Constitution of Nepal, even though the session of a House is prorogued while a Bill is under its consideration, deliberations on the Bill may continue at the succeeding session. Provided that if the House of Representatives is dissolved or its term expires when any Bill introduced in the House of Representatives is under its consideration or when any Bill passed by the House of Representatives is under consideration in the National Assembly, such Bill shall lapse.

Some believe that if the bill is lapsed then the impeachment motion will also be lapsed. 

However, Constitutionalist Purna Man Shakya maintains that the impeachment motion can be moved even after the election of the new House of Representatives. “Impeachment is a quasi-judicial issue. So it cannot be terminated even if the term of the HoR expires when it is under consideration,” Shakya says.

Govinda Prasad Sharma Koirala, Minister for Law, Justice and Parliamentary Affairs, also maintains that the impeachment motion does not lapse after the expiry of the term of the HoR. 

Besides, Koirala said that the government is making preparations to move and finalize the impeachment motion registered against CJ Rana before the expiry of the term of the current HoR.

Earlier in February, as many as 98 lawmakers of Congress, Maoist Center and CPN (Unified Socialist) registered the motion at the Parliament Secretariat. Following the registration, an Impeachment Recommendation Committee was also formed.