President Ramchandra Paudel Returns Ordinance on Constitutional Council for Reconsideration

President Ramchandra Paudel has returned the ordinance concerning the Constitutional Council for reconsideration. The ordinance, which encapsulates decisions passed by both houses of the Federal Parliament, was sent back by the President for review. Kathmandu, 20 Baisakh. Earlier, President Paudel had returned a bill passed by both houses of Parliament, citing incompatibility with the multi-party system. Similarly, when this type of ordinance was presented again, it was returned once more.

“The President has returned the ordinance for reconsideration to protect the spirit and essence of the Constitution and democracy and to uphold the multi-party system,” said Kiran Pokhrel, the President’s press advisor. According to the Constitution, decisions must be made by a majority, and no law can amend this arrangement. However, since the current ordinance provides that decisions by the six-member Constitutional Council can be made by just three members, the President has sent it back.

The Constitutional Council, chaired by the Prime Minister, consists of six members, including the Chief Justice, the Speaker, the Chairperson of the National Assembly, the leader of the main opposition party, and the Deputy Speaker. Under the prevailing Act, a quorum for the Council’s meeting requires the presence of the chairperson and four members. The bill passed by the previous Parliament had contemplated four members for a quorum. When President Paudel returned that bill, he explained that improper institutionalization of power separation, control, and balance could occur, proposals might become arbitrary, and the constitutional sanctity of consensus or majority in recommendations and decisions would be violated.

The President stated, “If, without any logical basis or reason, a bill amending the law is accepted allowing decisions to be made with just half of the chairperson and members based on special circumstances, it would inherently empower the minority; therefore, reconsideration is necessary.” When the ordinance related to the Constitutional Council was previously presented under the Sushila Karki-led government, the President also did not approve it. Now, with the Balen-led government issuing an ordinance allowing decisions by only three members of the Council, the President has again sent it back for reconsideration.