President Paudel authenticates Constitutional Council ordinance

President Ramchandra Paudel has authenticated the ordinance concerning the Constitutional Council's functions, duties, powers, and procedures, following its resubmission by the government. This action comes after the President had initially returned the ordinance, expressing reservations about the decision-making process within the council. His concern centered on the requirement for decisions to reflect a majority of all council members, not merely those present at a meeting.

The government, however, decided to resend the ordinance in its original form, a move that legally obliges the President to authenticate it. This situation highlights a recurring tension between the executive and the presidency regarding the appointment of officials to constitutional bodies. The ordinance, as it stands, permits council meetings with a quorum of four members, with decisions made by a majority of those present. Critics argue this could lead to decisions being made by as few as three members, potentially undermining the principle of a full council majority.

Legal experts, such as senior advocate Chandra Kanta Gyawali, have clarified that the constitution binds the President to authenticate an ordinance if it is resubmitted without amendments. This constitutional provision ensures that the President cannot indefinitely block legislation passed by the government. The government's justification for pushing the ordinance through, even with presidential concerns, is to prevent stalemates in appointments to crucial constitutional bodies, particularly when faced with opposition.

From a Nepali perspective, this event underscores the delicate balance of power within our governance structure. While the President's role is to uphold the constitution and ensure due process, the government's authority to govern and make necessary administrative changes is also paramount. The debate over the Constitutional Council's procedures is not merely a procedural matter; it touches upon the integrity and effectiveness of our constitutional institutions. Ensuring that appointments are made transparently and with broad consensus, while also preventing deadlock, remains a key challenge for Nepal's political landscape.

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Once recommended again, the President is bound to approve it.