The government had sent the same ordinance to the President again on Monday without any amendments. Based on the same recommendation, the President issued the ordinance on Tuesday.
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President Ram Chandra Poudel has issued an ordinance on the Constitutional Council (functions, duties, powers and procedures) recommended by the government for the second time.
The President had sent back the same ordinance recommended by the Council of Ministers last week for reconsideration. However, the government had sent the same ordinance to the President again on Monday without making any amendments. Based on the same recommendation, the President issued the ordinance on Tuesday.
The President had sent it back, concerned about the decision-making process provisions in the ordinance. According to the proposed arrangement, it is sufficient for 4 members to be present at a meeting of the Constitutional Council and decisions can be made by a majority of the members present.
The President was concerned that this arrangement would weaken the essence of the 'majority of the total number of members' as it would create a situation where only 3 members in a 6-member council could make decisions.
He had sent the ordinance back for reconsideration, arguing that the decision should be made based on the majority of the total number of members, not the number present.
However, after the government sent it again, the President was forced to issue the ordinance. The Constitution does not have a clear provision on what to do if the President returns the ordinance and the executive does not reconsider it. However, in the case of a bill passed by both houses of the federal parliament and sent for verification, the President can send back other bills except finance only once.
If the parliament reconsiders or recommends it again, the President has a binding constitutional obligation to verify it. Constitutional scholars had suggested that the President issue it, stating that the constitutional meaning is the same in the case of the ordinance as well.
The ordinance that has now been issued will be presented to the parliament and its final examination will be conducted from there. The final decision on the provisions of the ordinance and its political and constitutional impact will be made by the parliament.
Senior Advocate and Advisor to the President Baburam Kunwar informed that the government had sent the ordinance with reasons and that the President, as the guardian and protector of the Constitution, had issued the ordinance in accordance with the spirit and spirit of the Constitution.
