President Ramchandra Poudel has stopped the constitutional council bill with the provision that it can take decisions even in the absence of a majority, citing the need for legal consultation. The Bill was passed by both houses of the Federal Parliament and reached Sheetal Niwas on 32 June.

The President is interested in the new provision that only 2 of the 6 members of the Council can recommend the appointment. According to a source in the President's residence, Sheetal Niwas said that this change in the law is against the principle of balance of power in the Constitution. For this reason, President Paudel is going to decide whether to verify it or send it back to the parliament once and for all after further consultation.

On Saturday, President Paudel, along with his advisory team, discussed the new system with representatives including the Chairman of the Parliament's State System Committee, Ramhari Khatiwada. He has prepared to further consult with constitutional scholars about this.

President's legal adviser Baburam Kunwar said that the bill has been kept under consideration because it has to be studied whether it is in accordance with the spirit of the constitution. "There is no discussion about what to do now. It has not even been submitted to the President," he said. "There was a delay because it was closing time. Not even wanted recently. there is time So we will see after two/three days.' 

Article 113 of the Constitution stipulates that the bill submitted to the President must be verified within fifteen days. If the President deems it necessary to reconsider, the bill can be sent back to the house from which it originated once with a message within fifteen days of its submission.

There is a constitutional obligation for the President to certify within fifteen days after the Parliament passes it for the second time. The previous president Bidya Devi Bhandari was an exception to this constitutional obligation. Even though the Citizenship Bill, which she returned once, was passed by the House of Representatives again and sent, she put it on hold without verifying it within 15 days.  In the

bill, there have been radical changes in the procedure for holding the council meeting, the form of decision and the arrangement regarding the determination of the quorum. The Constitutional Council, chaired by the Prime Minister, consists of the Chief Justice, the Speaker, the Speaker of the National Assembly, the leader of the main opposition parties and the Deputy Speaker.

Currently, the law stipulates that the presence of the chairman and four members is mandatory for a quorum. But in the revised bill four conditions of quorum have been envisaged. When it reaches the fourth stage, there is a provision that only two people can make a decision on the recommendation of the appointment. 

It is said that in the case of the chairman and five members, at least four including the chairman and at least three members, at least three including the chairman and at least two members in the case of the chairman and at least two members, and at least three members including the chairman and at least two members are said to constitute a quorum.

Similarly, in the case where only the chairman and two members are present, a quorum is considered to be reached if at least two members including the chairman and at least one member are present. According to the new provision, if a consensus cannot be reached in a council meeting, the chairman can call another meeting. 

Although it was said to send a notice 48 hours before the meeting to specify the time, date and place for the meeting, now the obligation to send the notice and agenda has been removed. The government argues that this time it has been made easier because the previous arrangement brought unnecessary complications and delays in the constitutional appointment.

"Constitutional Council meetings are not held frequently, decisions are stopped due to the absence of members, and important constitutional bodies remain vacant for a long time. This provision has been made in the law," said a minister of the government.

Constitutionalist Chandrakant Gyawali says that the president can send the bill to the House of Representatives for correction, saying that the law has been made outside the jurisdiction by abuse of power. "Parliament will make laws in accordance with the constitution.

According to the new provisions in the Constitutional Council Bill, decisions can be taken even in the absence of the majority of members. Which is not compatible with the system and sentiments of the constitution," said Gyawali. "The system where only two people can take a decision in the fourth stage is serious. It can neither gain public trust nor legitimacy.' 

He said that since the President is also the guardian of the Constitution, the Legislature should be alerted when making laws against the Constitution. The President should return the bill to the Parliament with his opinion. Because this bill is not in accordance with the constitution, said Gyawali.