Kathmandu. President Ram Chandra Poudel has sent back the ordinance related to the Constitutional Council for reconsideration. Earlier, he had withdrawn the bill endorsed by both the Houses of the Federal Parliament, saying it was not in favour of the majority system. Even now, a similar ordinance has been withdrawn.
“The President sent the ordinance for reconsideration to protect the letter and spirit of democracy and to keep the multilateral system alive,” said President’s press advisor Kiran Pokharel.
He had been taking a stand in the past that the provision of majority decision should not be violated by any law as per the constitution. The President has withdrawn the ordinance after the government brought the ordinance with a provision that only three members of the 6-member Constitutional Council can take a decision.
The Constitutional Council, chaired by the Prime Minister, consists of 6 members. The members include the Chief Justice, the Speaker, the Chairman of the National Assembly, the leader of the main opposition party and the Deputy Speaker.
As per the prevailing Act, the presence of a quorum of chairperson and four members is mandatory for the council to convene its meeting.
Earlier, the bill passed by the parliament had envisaged four quorum positions.
In case of the chairperson and 5 members, the quorum of 4 members including the chairperson and at least 3 members was considered. If the chairman and four members are present, then the quorum of 3 members including the chairman and at least 2 members will be there.
The third idea was to have a quorum if there were 3 members including chairperson and at least 2 members in the presence of chairperson and 4 members. In case of the presence of the chairman and 3 members, the quorum of 2 members including the chairperson and at least 1 member was required.
There was also a provision that the Constitutional Council could hold a meeting even if there is a chairperson and one member of the Constitutional Council and decide on the recommendation of the appointment.
He said that such a provision was against the constitution and democratic norms. Therefore, the President interpreted that sending the bill back would narrow the objective of institutionalizing the separation of powers, checks and balances, arbitrariness in the recommendations and against the constitutional norm that recommendation and decision should be made by unanimous consent.
He was of the opinion that in any case, the decision should not be overlooked by the majority of the total number.
“Pointing to the special circumstances without any reasonable basis and reason, the amendment bill is automatically considered as a minority when only 50 per cent of the incumbent members are present in the amendment bill,” the President said.
The Sushila Karki-led government had also submitted the ordinance related to the Constitutional Council to the President at a time when President Poudel had sent it back to the parliament for reconsideration.
The ordinance had also proposed a provision for a parliamentary hearing to be held after the parliament assembles and the decision would be taken by 3 members. The President was not satisfied with this provision either. The President also did not issue the ordinance brought by the Sushila Karki-led government.
Now the Balen-led government has also decided to send it back for reconsideration after the ordinance was issued that could be decided by 3 people.
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