Why is the government bringing an ordinance regarding the Constitutional Council?

Tuesday's cabinet meeting recommended to President Ram Chandra Poudel the promulgation of the Constitutional Council (Works, Duties, Powers and Procedures) (First Amendment) Ordinance, 2082.

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Why is the government bringing an ordinance regarding the Constitutional Council?

What you should know

The government has recommended the issuance of the Constitutional Council Ordinance-2082. The second point of the decision of the Council of Ministers states that the ordinance has been recommended. The Council of Ministers meeting held on November 2 recommended such an ordinance.

The Cabinet meeting on Tuesday recommended the issuance of the Constitutional Council (Works, Duties, Powers and Procedures) (First Amendment) Ordinance, 2082 to President Ram Chandra Paud. ‘The issuance of the Constitutional Council (Works, Duties, Powers and Procedures) (First Amendment) Ordinance, 2082 will be recommended to the Honorable President,’ the decision of the Cabinet meeting said. 

A minister said that the ordinance was recommended because the Election Commission and some other constitutional appointments are required. The Chief Commissioner and one commissioner are vacant in the Election Commission, while the Commission for the Investigation of Abuse of Authority is also becoming vacant. Some other constitutional bodies are also vacant. The minister said that the ordinance was issued to remove obstacles related to constitutional hearings as some constitutional office bearers need to be appointed, and the detailed details of the ordinance will be made public after the President issues it. 

There has been an arrangement for a parliamentary hearing in the parliament that will come after the 21 Falgun elections and if the hearing is not approved, the post will be automatically removed. The minister claimed that the ordinance was only to remove some obstacles for parliamentary hearings. 

The ordinance also mentions the subject of quorum. According to which, the opinion given by the majority of the members present will be decisive. Currently, the post of the main opposition party is vacant in the 6-member Constitutional Council.

It has been provided that recommendations can be made for the appointment of the Prime Minister, Speaker, Deputy Speaker, National Assembly Chairman and Chief Justice. 

Earlier, President Ram Chandra Poudel himself had sent back the bill related to the Constitutional Council, saying that it was incomplete. 

The amendment bill related to the Constitutional Council, which was passed by both houses of the federal parliament, was sent to the President for certification on 31 Ashad. However, President Poudel had sent the bill back for reconsideration.

Since the amendment was against the spirit and spirit of the Constitution and democratic values, norms and global practices, the bill was sent back to the original house for reconsideration in accordance with Article 113 (3) of the Constitution.

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