President's Office Lacks Records of Past Prime Ministers and Ministers

Biratnagar. Nepal's constitution has established the President as the Head of State, the protector, and the guardian of the constitution.

Article 66 of the constitution clarifies the President's duties and authority, while Article 76 grants the Head of State the power to appoint the Prime Minister and form the Council of Ministers. However, the country's supreme institution appears hollow in matters of 'institutional memory'.

The Shital Niwas (President's Office), which appoints the Prime Minister, administers oaths to ministers, and approves their portfolios, has stated that it does not even have a list of Prime Ministers and Ministers since the establishment of the republic.

After Balendra Shah was elected Prime Minister, the Council of Ministers made an important decision on April 2nd. That decision mentioned investigating the assets of individuals who have held 'public office' since 2062/063 BS.

In that regard, on April 2nd, a request was made to both the Office of the Prime Minister and the Office of the President, using Section 3 of the Right to Information Act, 2064, seeking a complete list of Council of Ministers members formed since the second People's Movement of 2062/063 and their tenures. While the list of Prime Ministers is available on the Prime Minister's Office website, a consolidated list of ministers is not available.

The Prime Minister's Office was further requested to provide information on who falls under the 'scope of investigation for public office holders', how many such individuals there are, and the total number since 2062/063.

In response, the Prime Minister's Office directed to consider the notice published in the Nepal Gazette on April 17th as the basis. In the reply letter sent by Sirjana Sharma, Assistant Spokesperson and Information Officer of the Office of the Prime Minister and Council of Ministers, it is mentioned 'Regarding the application'. In a telephone conversation after receiving the letter, Sharma stated that her office is collecting the list of ministers and it might take some time, urging to request the information from the President's Office.

Accordingly, a letter was sent to the President's Office on April 14th requesting information. In the response given by Information Officer and Deputy Secretary Archana Khadka from the President's Office on April 23rd, it is stated that the office has no records.

The President's Office stated in the letter, 'It is requested by order that the requested details are not found in the records of this office.' When asked a follow-up question to Khadka about why there is no record, she said, 'The President's Office was not established immediately after the People's Movement. There would be no record from that time. The remaining documents were destroyed due to damage to the President's Office building, so we do not have them. Now you might have to contact the Prime Minister's Office, sir.'

According to Article 76 of the Constitution of Nepal, the Prime Minister is appointed by the President. The constitutional provision is that ministers are also appointed, their portfolios are allocated, and they are dismissed by the President on the recommendation of the Prime Minister. Ministers also take the oath of office and secrecy before the President. The website of the President's Office clearly states among the functions to be performed, the appointment, oath, and reception of reports of heads and officials of constitutional bodies.

However, it appears strange and surprising that the office which issues appointment letters to the Prime Minister and ministers, in whose presence the oath is taken, and from whose office the official press release of those appointments is issued, responds with 'we have no records'.

Dr. Ram Baran Yadav became the first President in 2065 BS after the establishment of the republic. Since then, Bidya Devi Bhandari and currently Ram Chandra Poudel have held the post. During this period, starting with Pushpa Kamal Dahal 'Prachanda', the series of Prime Ministers in republican Nepal has seen numerous cabinet reshuffles, including Jhalanath Khanal, Baburam Bhattarai, Khilraj Regmi (Chairman of the Council of Ministers), Sushil Koirala, KP Sharma Oli, and Sher Bahadur Deuba.

Shital Niwas is the center of all these political developments. It is the primary responsibility of the President's Office to maintain authentic records of when each minister was appointed and when they left office. If the President's Office does not have this information, who will confirm the authenticity if a dispute arises in the future about whether a particular person was a minister or not? A serious question has arisen.