Standing committees will discuss PM resignation issue
Nine MPs submitted to Parliament a note demanding the resignation of Prime Minister S.Batbold last Thursday. This has raised thorny legal issues, since there is no provision regarding the resignation of a prime minister in Mongolia’s constitution. Our correspondent spoke with S.Magnaisuren, the Secretary of the Parliament’s Office, about the possibility of Parliament discussing the resignation issue.
Q: How will Parliament deal with the resignation issue?
A: The note that the nine MPs submitted to Parliament was sent to Speaker D.Demberel, as well as to the heads of two standing committees, State Structure and Justice, last Saturday. The issue will be discussed by the two standing committees.
According to the Constitution, the Government’s authority begins from the time a prime minister is appointed, and it ends when the next prime minister is appointed.
If a prime minister or half of the Government members simultaneously resign, that Government would end. If 19 or more MPs were to officially call for the end of a Government, Parliament would discuss the issue.
Q: What do you say about the issue as a lawyer?
A: I told the MPs that the Constitution does not regulate a prime minister’s resignation. MPs and other lawyers have different opinions on the issue. For example, some MPs believe Parliament has no authority to discuss the issue. Some lawyers have the position that the issue should be decided by legislation, which can be changed. [But I believe] there is no basis to say that Parliament cannot discuss the issue if the Speaker allows it.
Q: But what about the provision of the Constitution that says, if 19 or more MPs were to officially call for the end of a Government, Parliament would discuss the issue?
A: The Constitution has such a provision but the discussion can only begin at the suggestion of at least 19 MPs. [Only nine MPs signed the note sent to Parliament last Thursday.]
Q: The nine MPs have asked for the resignation of the prime minister but not of the Government. How could the matter be resolved?
A: The 43rd provision of the Constitution does not detail the procedure for a prime minister’s resignation. The Constitution also does not have a provision for the resignation of a Government member. But there are other laws that address these issues.
Q: Could it be that the law on Parliament violates the Constitution?
A: That issue should be discussed by the standing committees.
Q: Does Parliament accept the suggestions of the Parliament’s Office?
A: Parliament has the right to decide what to do with the suggestion
Q: How will Parliament deal with the resignation issue?
A: The note that the nine MPs submitted to Parliament was sent to Speaker D.Demberel, as well as to the heads of two standing committees, State Structure and Justice, last Saturday. The issue will be discussed by the two standing committees.
According to the Constitution, the Government’s authority begins from the time a prime minister is appointed, and it ends when the next prime minister is appointed.
If a prime minister or half of the Government members simultaneously resign, that Government would end. If 19 or more MPs were to officially call for the end of a Government, Parliament would discuss the issue.
Q: What do you say about the issue as a lawyer?
A: I told the MPs that the Constitution does not regulate a prime minister’s resignation. MPs and other lawyers have different opinions on the issue. For example, some MPs believe Parliament has no authority to discuss the issue. Some lawyers have the position that the issue should be decided by legislation, which can be changed. [But I believe] there is no basis to say that Parliament cannot discuss the issue if the Speaker allows it.
Q: But what about the provision of the Constitution that says, if 19 or more MPs were to officially call for the end of a Government, Parliament would discuss the issue?
A: The Constitution has such a provision but the discussion can only begin at the suggestion of at least 19 MPs. [Only nine MPs signed the note sent to Parliament last Thursday.]
Q: The nine MPs have asked for the resignation of the prime minister but not of the Government. How could the matter be resolved?
A: The 43rd provision of the Constitution does not detail the procedure for a prime minister’s resignation. The Constitution also does not have a provision for the resignation of a Government member. But there are other laws that address these issues.
Q: Could it be that the law on Parliament violates the Constitution?
A: That issue should be discussed by the standing committees.
Q: Does Parliament accept the suggestions of the Parliament’s Office?
A: Parliament has the right to decide what to do with the suggestion
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