President Ram Chandra Poudel has not yet issued the ordinance on the Constitutional Council (Work, Duties, Rights and Procedures), which he sent on the first day of issuing six ordinances. The President had issued an ordinance amending some Nepal Acts related to the Health Sciences Academy, an ordinance on special provisions regarding the dismissal of public officials, and an ordinance amending some Nepal Acts related to universities, even on Saturday, a government holiday. Earlier, he had issued ordinances related to cooperatives, money laundering, and public procurement.

President Poudel's main concern is the arrangement whereby only three out of six members of the Constitutional Council, which recommends the appointment of officials of constitutional bodies, can make decisions.

With such an arrangement, he had also sent the bill passed by both houses of the federal parliament and sent it back to the parliament for verification. The then Sushila Karki-led government had also sent an ordinance of a similar nature, but the ordinance was withdrawn at that time too.

The bill passed by both houses of the then federal parliament had a provision that a decision could be made by two members, considering three as the quorum. This time, a provision has been made that a decision could be made by a majority, that is, by three members, considering four as the quorum.

‘If there is no consensus, the majority of the total number should not be overshadowed in any way and the basis of the majority should be considered the final pillar of the decision’ This was the main basis raised by the President when he returned the bill for the first time.

President Poudel is raising the issue of a decision by at least four members to prevent the essence of the balance of power from being weakened. The President is in a dilemma about what to do this time, as he sent it back in the past with the opinion that the feeling of at least a majority should not be allowed to die. President Poudel, who discussed with constitutional experts on Thursday, also discussed with officials of the Nepal Bar Association on Friday.

‘The President has tried to consult the Prime Minister on this issue once, and discussions are underway at the Secretariat level of the Prime Minister’s Office and Sheetal Niwas,’ an official from the President’s Office said, ‘A decision on whether to issue it or not will be made after discussions with the Prime Minister.’ According to sources, the President is under pressure from various levels to issue the bill soon.

‘Since there is a time pressure to convene the annual session of Parliament, it is said that if the ordinance was issued early, the way would have been opened for opening Parliament.’ A government minister said, ‘Since the government will bear the burden of all the ups and downs, the President does not have to wait, and constitutionally the President cannot do that.’