President’s Message: Ordinance Withdrawal Should Sustain and Preserve the Multiparty System
Summary: President Ram Chandra Paudel has sent back the ordinance concerning the Constitutional Council for reconsideration. According to the President, the ordinance fails to represent the majority of the council’s total composition and it is essential to keep the multiparty system vibrant and ongoing. Taking into account the Supreme Court’s order, the President believes that the existing law governing the Constitutional Council should remain in effect. Kathmandu, 20 Baisakh.
President Ram Chandra Paudel returned the ordinance regarding the Constitutional Council for reconsideration because it did not represent the majority of the council’s total composition. He emphasized the need to keep the multiparty system alive and continuous and therefore sent the ordinance back. The President’s message states, “Since the ordinance fails to represent the majority of the Constitutional Council’s total composition, the matter has been referred back for reconsideration, taking into account the full bench order of the Supreme Court and emphasizing the need to sustain and continue the multiparty system.”
The President also recalled arguments made by government ministers and some legal experts who warned that if the ordinance is not replaced by a bill or lapses, it could create a legal vacuum. He cited a precedent set by the Supreme Court, which ruled that when an ordinance lapses, only the existing law remains valid. Therefore, for the appointment and decisions of constitutional officials, the President holds that the current law governing the Constitutional Council applies.
President Paudel questioned why the ordinance had to be withdrawn despite the bill being passed by Parliament. He clarified, “The bill submitted for certification does not align with Article 284 of the Constitution nor with global democratic practices and norms. As such, the total membership of the Constitutional Council must be recommended and decided by consensus. Even when consensus is not achieved, under no circumstances should the majority of the total membership be disregarded, and majority should remain the ultimate basis for decisions. This message accompanied the bill’s return to the distinguished Parliament.” The President noted that the government under Sushila Karki also included similar provisions in an ordinance but did not promulgate it accordingly. The current ordinance, containing the same material, is viewed as not representing the multiparty system nor the globally accepted democratic standards.