President Poudel likely to return the Constitutional Council Amendment bill for reconsideration to Parliament

Kathmandu – President Ram Chandra Poudel  is likely to return to Parliament the constitutional council bill for further review .

According to the High level sources, the President has withheld  his assent to the bill passed by both houses of Parliament that was sent for his seal of approval.  The bill seeks to amend the Constitutional Council Act , requiring just two members of the council , to make any appointment in constitutional position.

It is believed that the President , following consultation with legal and constitutional experts , is convinced that that the  new quorum requirements set for Constitutional Council meetings and decisions do not concur with constitutional provisions.

The bill, passed by both Houses on July 16  , is seen as heavily loaded in favor of the Prime Minister allowing him to make appointments with the support of just one more member even if majority
of the sox-member body are absent  . The Council consists of the Prime Minister as chair ,  Chief Justice of the Supreme court , Leader of the Opposition, Presiding officers of both Houses and the Deputy Speaker of the Lower House.

A source who met the President  said: “The President is concerned that reducing the quorum undermines constitutional principles. He is concerned that this approach may not be appropriate for such a high level body to function as per the spirit of the constitution,’ he said, adding there is a real possibility the bill will be returned.”

The House of Representatives had fixed a 50 per cent  quorum provisions for the meeting  to be held,  and further authorizing majority of that number  (three) to recommend for appointment in the constitutional posts. The earlier provision required at least four members and the Chair for the meeting to be held.  The three major parties—ruling Communist Party of Nepal-Unified Marxist Leninist and the Nepali Congress—as well as the main opposition Maoist- Centre voted for the amendment. In the present circumstances, most constitutional amendments have been bagged by threes three parties based on their numerical strength in Parliament .

This provision allows the Council to make decisions with just two participants—a measure that, according to the President’s advisors, undermines the principle of separation of powers and democratic norms.

K.P. Sharma Oli , during his earlier tenure, had  amended the Constitutional Council Act by ordinance twice– in Mangsir 2077 and Baisakh 2078,  to fill up vacancies in  52 constitutional posts –with just three members present in the meeting. The ordinance had also removed the provision for 48 hours notice period for the meeting.