Bar President Vijay Prasad Mishra said that senior advocates and lawyers who reached Sheetal Niwas on behalf of the Bar Association after asking for suggestions on the Constitutional Council (Functions, Duties, and Powers) Bill, gave such suggestions.
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The Nepal Bar Association has suggested that President Ram Chandra Poudel send back to the government a written comment on the ordinance with which it disagrees.
Senior advocates and lawyers who reached Sheetal Niwas on behalf of the Bar after seeking suggestions on 'what should I do' on the Constitutional Council (Duties, Powers) Bill, Bar President Vijay Prasad Mishra said.
The government had passed six ordinances in Monday's cabinet meeting and sent President Poudel to issue two on Tuesday, three on Wednesday and one on Thursday. Of these, the President has already issued ordinances related to cooperatives and public procurement. However, the President is continuously seeking legal advice after facing difficulties with the Constitutional Council ordinance.
Since the government has recommended an ordinance to President Poudel with provisions similar to those of the ordinance that was previously 'held', he initially held discussions with his own legal advisor, the Attorney General, constitutional law experts, and officials of the Nepal Bar Association on Friday.
Senior advocates Bhimarjun Acharya, Tikaram Bhattarai, Badri Bahadur Karki, Mahadev Yadav, Raman Shrestha, and Purnaman Shakya had reached Sheetal Niwas on Thursday for consultation, while on Friday, President Vijay Prasad Mishra, General Secretary Kedar Koirala, Vice President Tej Rawal, Treasurer Jagat Karki, members Mukunda Adhikari, Baburam Aryal, Kiran Poudel, Mangal Shilpakar, and Sharada Gurung had arrived representing the bar.
President Mishra said that all the officials of the bar had the same suggestion. 'We suggested that the President does not have the right to keep the ordinance on hold and should not be kept,' Mishra said, 'but this is the tradition of the past. The government can be drawn to the fact that it was returned in this way. Even if the government draws attention in this way, it should be issued as it comes. The government will bear the consequences of it.'
The Bar officials had suggested that the government should be given the benefit of the doubt since it has the public opinion given by the people and that the President's role should be seen in providing a way out for the country rather than a fight.
The Bar General Secretary Kedar Koirala said that the Bar suggested that the President play the role of the guardian of the Constitution and the guardian of the country, saying that if the government does something wrong, the people will punish it after five years.
In discussions with the Bar, he said that they found that the Constitutional Council Ordinance was more important than other ordinances of President Poudel.
'The President has decided whether the provisions of the Constitutional Council Ordinance are in accordance with the Constitution or not. I had asked what would be appropriate,' Bar General Secretary Koirala said, 'Similarly, if I had to send a message to the Prime Minister, I had asked for advice on whether to send it in writing or orally, and we have suggested that it should be done in writing.'
The Bar had suggested that the Constitutional Council consider it as it had a broader role than in the past, as it played a role in the formation of the Sushila Karki-led government after the Gen-G movement of 23 and 24 Bhadra. They have suggested that the President should not stop or hold the ordinance, as there is a constitutional provision that the President should take a decision based on the recommendations made by the government.
'The President does not have the right to conduct a constitutional or any other review of the ordinance. The merits and demerits of it are all the responsibility of the government,' said Chairman Mishra, 'But the essence of the constitutional provision regarding the Constitutional Council is that six members sit unanimously and make recommendations by consensus.'
The Bar has suggested that the constitution should also be taken into account, saying that not everyone is in favor of the ordinance when they are in opposition, but there is a tendency to be in favor of it once they come to power.
The Bar had said that the ordinance should not be brought at all, but the ordinance culture is wrong. The Bar had also said in the discussion that they have always stood in opposition in the past, whether it was when Sushila Karki dissolved the constitution or when KP Sharma Oli brought the ordinance. The Bar officials who reached Sheetal Niwas around 11 am participated in the discussion for an hour.
