The office of the Speaker of the House of Representatives is one of the most significant institutions in Nepal’s parliamentary system. The Speaker is not merely a presiding officer but also a guardian of parliamentary norms, procedures, and democratic values. The Constitution of Nepal,2072 lays down detailed provisions regarding the appointment, powers, tenure, and removal of the Speaker.
Appointing Authority
The appointment of the Speaker of the House of Representatives is provisioned in Article 91 of The Constitution of Nepal, 2072.The article governs both the Speaker and the Deputy Speaker. Unlike executive appointments, the Speaker is not appointed by the President or the Council of Ministers. Instead, the members of the House itself elect the Speaker and Deputy speaker amongst themselves, not later than fifteen days after the date of holding of the first meeting of the House of Representatives.
This reflects the principle of parliamentary sovereignty and internal autonomy. The legitimacy of the Speaker derives from the elected representatives of the people.
Appointing Procedure
The process begins after the formation of the House following general elections. The first meeting of the House is convened, and it is presided over by the senior-most member by age, who acts as a temporary chairperson until the Speaker is elected.
During this meeting, members of the House propose candidates for the position of Speaker. A candidate must be nominated by one member and supported by another. The Constitution ensures inclusiveness by requiring that the Speaker and Deputy Speaker must be from different political parties, or at least one of them must be a woman.
In case there is no representation of more than one party in the House of Representatives or no candidacy is filed by more than one party in spite of representation, the members of the same party can become the Speaker and the Deputy Speaker.
If only one candidate is nominated for the position, the candidate is declared elected unopposed. However, if more than one candidate is nominated, an election is conducted within the House of Representatives. The voting is carried out, and the candidate who secures a majority of the votes of the members present and voting is elected as the Speaker.
Once the election is completed, the elected Speaker immediately assumes office and begins performing constitutional duties.
Roles and Responsibilities
- Decides on points of order raised by members during House proceedings
- Determines who may speak and for how long in the House
- Has the authority to maintain discipline, including directing members to follow order
- Certifies whether a bill is a money bill, which has special constitutional status
- Ensure that bills and motions are processed according to constitutional procedures
- Presides over voting and announces the results in the House
- Gives rulings on procedural matters, which guide the functioning of the House
- Ensures that quorum requirements are met during meetings
- Allows or disallows motions, resolutions, and questions in accordance with rules
- Acts as the final authority within the House on procedural interpretation
- Ensures that constitutional provisions are followed during legislative proceedings
- Performs function specifically assigned by the Constitution and relevant laws.
Tenure
The Constitution does not prescribe a fixed term for the Speaker. Instead, the tenure is understood from Article 91, which outlines the conditions under which the Speaker holds or vacates office.
Accordingly, the Speaker remains in office until the term of the House of Representatives expires. However, the Speaker may vacate the office earlier in certain situations, such as resignation, removal, or if they cease to be a member of the House of Representatives.
Furthermore, it is constitutionally understood that even after the dissolution of the House, the Speaker continues to hold office until a new Speaker is elected. This ensures continuity and avoids any constitutional vacuum in the functioning of the House.
Vacation of office
Under Article 91 of The Constitution of Nepal, 2072, the office of the Speaker becomes vacant in the following situations:
- Upon resignation submitted in writing to the Deputy Speaker
- Upon passing a resolution by a two-thirds majority of the total number of the then members of the House of Representatives that his or her conduct is not compatible with the office,
- Upon ceasing to be a member of the House of Representatives.
Conclusion
The appointment of the Speaker under The Constitution of Nepal, 2072 ensures that the office is firmly controlled by the House itself. The election process, inclusiveness requirement, and majority-based decision-making strengthen democratic legitimacy, while provisions on removal and vacancy ensure accountability. At the same time, continuity in office prevents any disruption in parliamentary functioning. Overall, the framework maintains a balance between independence, responsibility, and stability within the House of Representatives.
Source: The Constitution of Nepal,2072
