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President Ramchandra Paudel has sent back the constitutional council bill to the parliament. The President sent the bill back for reconsideration.
President Paudel has sent the bill to amend the Constitutional Council (Work, Duties, Rights and Procedures) Act 2066 passed by both Houses of the Federal Parliament saying that it is not in accordance with the spirit of the Constitution and sent it back to the House of Representatives for reconsideration.
Speaker Devraj Ghimir sent the bill to the President on June 31 for verification. 'Since the bill is contrary to the spirit, spirit, democratic value recognition and universal practice of the Constitution, the President has sent it back to the House of Representatives for reconsideration in accordance with Article 113, Clause 3 of the Constitution,' said Kiran Pokharel, the President's Press Adviser to Ikantipur.
Article 113 (3) of the Constitution mentions the right of the President to send the bill back to the Parliament for reconsideration. "If the President feels that it is necessary to reconsider a bill other than the meaning bill submitted for certification, within 15 days of the submission of such a bill, he will send the bill back to the House of origin with a message," the constitution states.
The federal parliament passed a bill with provisions that only two people can make decisions in the 6-member constitutional council. The President has seen that this provision should be reconsidered.
constitutional council quorum and decision-making process. 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.
Provisions have been made in the bill that all members should attend the council meeting and take decisions unanimously. But a new provision has been added on what to do if everyone is not present and a unanimous decision cannot be reached.
"If all the members are not present at the meeting of the council or if unanimity cannot be reached on any matter, the chairman shall call another meeting after fixing the date, time and place of the meeting and the secretary shall send information about the date, time and place of the meeting to the members," the bill passed by the parliament states, "When calling the (next) meeting, the meeting may be called to be held 48 hours before the time of the meeting."
Previously, there was a mandatory provision to call the meeting of the Constitutional Council 48 hours before the meeting date and to send the agenda of the discussion to the members. According to the new arrangement, if no agreement is reached in the first meeting, the second meeting will be called even if the notice and agenda are not given.
The National Assembly added an explanation of the quorum and decision-making process to the bill, which was also accepted by the House of Representatives. According to which, it is envisioned that there will be four situations of quorum in the council meeting. In all those four cases, the number of people present is considered to be a quorum.
It is said that in the case of the chairman and five members of the council, at least four including the chairman and at least three members, at least three including the chairman and at least two members when the chairman and four members are in office, and at least three members including the chairman and at least two members in the case of 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, the provision is made in the bill that if at least two people including the chairman and at least one member are present, the quorum is considered to be reached. Regarding the
decision-making process, the National Assembly included all four situations in the bill. It was also accepted by the House of Representatives. The bill states about the decision-making process, "When the chairman and five members are present in the council, at least four including the chairman and at least three members, at least three including the chairman and at least two members when the chairman and four members are present, at least three including the chairman and at least two members when the chairman and at least two members are present, and at least two people including the chairman and at least one member when the chairman and two members are present will be decided."
