The ruling Congress and the UML have not been able to agree on whether to amend the Constitutional Council Bill sent back by President Ramchandra Paudel with a message saying that it is "against the meaning, spirit and democratic principles of the Constitution at first sight". The Congress MPs are in favor of amending the bill according to the President's interest, while the UML wants to re-pass the bill as it is and send it.

On July 8, President Poudel returned the bill that was passed by both houses of the Federal Parliament, with the provision that the decision of two people in the six-member Constitutional Council recommending the appointment of officers of the Constitutional Commission could be official.

In that order, five grounds that are not compatible with the constitution were also mentioned. The returned bill has been submitted to the House of Representatives on Monday. There is no consensus among the ruling parties. 

Even in the Congress, leaders from other parties of the establishment are in favor of amending the bill anyway. Leader Shekhar Koirala and his party leaders have been of the view that the bill should be amended to prevent the collapse of the structure of the Constitutional Council, which is based on the principle of balance of power. Constitutional scholars have also been arguing that if three members are present in the meeting, it is considered a quorum and the decision of two members should be implemented. The UML has been arguing that if such a provision is not made, the Constitutional Commission will be vacant for a long time as recommendations cannot be made as in the past.

There is a 6-member constitutional council, and if 3 people including the chairman are present, it will be considered a quorum and 2 people can make a decision. In the bill, it was provided that the decision can be taken by the majority of the existing members. But now it seems that they are trying to discuss that there should be a majority of the total number. It seems that the three and two numbers are a bit alarming, it seems that it is difficult to hear," he said. No one should point a finger at it.'  Congress Vice Chairman Purna Bahadur Khadka says that the matter will be discussed after Prime Minister and UML President KP Sharma Oli returns home. Oli, who went to Turkmenistan on July 18 to participate in the UN conference of landlocked developing countries, is returning home on Friday. The 6-member Constitutional Council is chaired by the Prime Minister. 

Congress General Minister Vishwa Prakash Sharma is of the opinion that it is appropriate to take the President into confidence regarding the Constitutional Council Bill. "There are two options to pass the returned bill as it is and send it again, or to address the issues that the president has drawn attention to," he says, "After sending it back, the president should make some changes in it." Discussions are going on within the party to decide how much to change.

UML's chief whip Mahesh Bertaula said that since Prime Minister Oli is out of the country, there has been no formal discussion on the bill between the coalition parties. According to him, the bill will be passed by the House of Representatives and sent back to the President's office within this week.

There is no provision contrary to the spirit of the constitution in the bill passed by both houses. Jajas suggested to the President, it is not understood as if they were giving suggestions from an expert perspective,' he says.

Constitutionalist Chandrakant Gyawali is of the opinion that it would be appropriate for Parliament to amend and send it according to the basis taken by the President. "Constitutional Council is not a temporary structure, but only three members can remain in the bill and the decision of the majority, i.e. two members, is being implemented," he said.

Constitutionalist Gyawali argues that if the chairman and two members are present, a quorum is considered and in the presence of three members, the decision is made by two votes, which is contrary to the essence and spirit of the constitution. "It is not possible to envisage that a decision can be made in a 6-member council even if the majority members are left out," he says. But if the number is less than that, it will conflict with the constitution and such a decision will become the subject of judicial review or constitutional test.'  In the

bill, there is a provision that if the president and five members are present, the decision of four members will be official. Similarly, if the chairman and four members are present, or if the chairman and three members are present, the decision of three people will be valid. Even if there are only three people present including the chairman and two members, it is considered a quorum and the decision of two people is final in the bill. The President's comment on this is, "At first glance, the proposed amendment bill appears to be contrary to the spirit and spirit of the constitution and universal democratic practice and recognition, and I suspect that such practice will limit the constitutionality and narrow the majority." The president is also interested in the provision of the bill that the president can call a second meeting in less than 48 hours if no agreement is reached in the first meeting of the Constitutional Council and it is not mandatory to give the agenda and information to the members of such a meeting. 

 There is a constitutional provision that the President can return the bill passed by the Parliament within 15 days. The bill that is passed for the second time or with amendments is bound to be approved by the President. Earlier, the then President Bidya Devi Bhandari kept the Citizenship Bill unverified even after it was passed for the second time. After Bhandari's term ended, Poudel, who became the president, authenticated the bill. 

President Paudel's concerns should be addressed to prevent the situation from getting stuck in the same authentication as before, says Sarita Prasai, a member of parliament near leader Shekhar Koira. "The House of Representatives should amend the bill by addressing the concerns raised by the President," she says, "There should not be a provision in the bill where a decision can be taken by two people in the presence of three people." The Constitutional Council chaired by the Prime Minister has a provision to have the Speaker, the Leader of the Opposition, the Chief Justice, the Speaker of the National Assembly and the Deputy Speaker.