The first amendment ordinance on the Constitutional Council (Functions, Duties, Powers and Procedures), which the government recommended to the President at the Cabinet meeting on November 20 citing the reason of filling vacancies in the Election Commission, has been stalled at Sheetal Niwas for three weeks.

President Ram Chandra Poudel has already indicated that he will not issue the ordinance, stating that it is against the spirit of the constitution.

The President's legal advisor Baburam Kunwar said, 'Previously, President Poudel had sent the bill passed by both houses of the federal parliament back to the then House of Representatives with the concerns that he had, but now the Sushila Karki-led government has reached the conclusion that it will not issue it after sending the ordinance by including the same provisions of the bill and even more provisions that are inconsistent with the constitution. He has already given a signal to Prime Minister Karki in this regard.'

After President Poudel 'held' the ordinance related to the Constitutional Council, the government has not sent another ordinance related to land to the President even after deciding to recommend it. The Council of Ministers' meeting on Mangsir 20 had decided to recommend another ordinance related to land to the President.

The government, which has a 'mandate' to hold elections, has been criticized for trying to govern through an ordinance, but the government has itself withheld the ordinance that has already been decided by not sending it to Sheetal Niwas. The bill, which was passed by the House of Representatives during the then Oli-led government and was under consideration in the National Assembly, became inactive due to the dissolution of parliament. When the government decided to bring an ordinance to activate it, it was also criticized from all sides.

The bill, which was passed by both houses of the federal parliament and sent by President Poudel, had a provision that even the decisions of two members of the six-member Constitutional Council could be official. On 8th Shrawan, President Poudel said that it was 'prima facie contrary to the spirit, spirit and democratic norms of the constitution' and sent it back to the then House of Representatives for reconsideration.

The quorum for the council meeting and the decision-making process have been recommended to be the same as the bill. In addition, a provision has been added that the office bearers appointed during the dissolution of parliament will be heard only by the next parliament. While the constitution has made provision that appointments can be made only after parliamentary hearings.

‘The bill was put on hold for further study because it was recommended by the President, without going over and above the concerns raised by him, and also with another unconstitutional provision,’ said Kunwar, the President’s legal advisor. ‘A respected institution like the President cannot adopt one standard during the previous government and another during the current government.’

However, Kunwar said that the land ordinance has not been brought to Sheetal Niwas. Among the five ordinances recommended to the President in 2081 Poush by the then KP Oli-led government for economic reform, the land ordinance was controversial even then. While the President issued the other four ordinances immediately, the land ordinance was issued after ‘holding’ it for two days.

The ordinance issued by the President at that time could not move forward due to opposition from the parties still supporting the government. The Upendra Yadav-led JSP Nepal, which is crucial for the government to reach a majority in the National Assembly, did not support the government that it had supported on the land bill.

The bill was automatically rejected sixty days after it was registered in the parliament due to his non-cooperation. After that, when the then government registered the bill in the parliament on 23 Baisakh 2082 with the provisions of the same ordinance, there was opposition to the bill. However, Oli, who was the Prime Minister at that time, tried to get it passed through the 'fast track'.

The parliament was dissolved while it was being considered in the National Assembly after it was passed by the House of Representatives. After that, the Karki-led government tried to revive the dormant bill. There was opposition to the bill being introduced with a 'loophole' that allowed the sale of land exceeding the limit not only for housing but also for other purposes.

Similarly, there was opposition on the streets and in the parliament, saying that the provision that even forest and buffer zone land could be distributed in the name of unorganized settlements and squatters would be misused. After the Karki-led government also tried to issue the bill as an ordinance, President Poudel also took an interest in it.

After the previous government tried to pass controversial bills one after another as ordinances, the President suggested that instead of doing so, they focus on the elections. After that, the government put the land bill on hold without sending it to Sheetal Niwas. According to sources, the government is trying to send it with some modifications in the ordinance that was recommended.

The ordinance is being brought only to alleviate the difficulties of businessmen who have purchased more land than the limit and built housing and apartments with the government's permission for land development. Minister for Law, Justice and Parliamentary Affairs Anil Kumar Sinha said that the delay in recommending the ordinance to the President was not due to any difficulties but purely due to procedural and technical reasons. He said that Sheetal Niwas will be sent in a few days.

'The same bill has not been brought. The situation is very difficult for the people, for example, there are many people who have started paying for apartments and houses. But they have not got ownership for five to seven years. If children have to be sent out, if someone has to undergo medical treatment, such houses and apartments cannot be mortgaged in banks. An ordinance is being brought to address such suffering,' Sinha told Kantipur. 'This ordinance has not touched anything for other areas of a similar nature, including Giribandhu Tea Estate.'

There had been strong criticism earlier for the misuse of buffer and forest land in the name of organized settlement, landless Dalits and landless squatters. When asked whether this provision is now in the ordinance, Sinha said, 'There is no other issue except the purpose of transferring the names of apartments and housing developed on land purchased in excess of the limit to the purchaser.' He said that other issues in the bill have been left to the next parliament to consider.