President Paudel Returns Constitutional Council Ordinance Again, Government Resubmits Unchanged

The Kathmandu Post reports on a significant constitutional standoff between President Ramchandra Paudel and the Balendra Shah administration regarding an ordinance on the Constitutional Council.

President Paudel's decision to return the ordinance for a second time, citing reservations about constitutional spirit and decision-making majority, highlights a recurring tension in Nepali governance. His legal advisor, Baburam Kunwar, emphasized the President's consistent stance on ensuring that constitutional principles are upheld in all legislative and ordinance matters. This echoes previous instances where the President has returned bills with similar concerns, demonstrating a commitment to safeguarding the integrity of constitutional bodies.

The core of the dispute lies in the determination of majority for decisions within the six-member council, chaired by the prime minister. The President advocates for a minimum of four members for a decision, a standard he believes ensures robust consensus. The government's insistence on resubmitting the ordinance in its original form suggests a differing interpretation or a prioritization of executive authority over the President's concerns.

This situation is particularly noteworthy in Nepal, where the balance of power between the executive and the presidency is often a subject of debate. While the President's role is largely ceremonial, his power to return ordinances or bills for reconsideration provides a crucial check and balance. The public will be watching closely to see how this constitutional impasse is resolved, as it has implications for the functioning of key state institutions and the adherence to constitutional norms.

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The President has always wished that the constitutional spirit is reflected in any bill or ordinance. He has maintained the same position both in the past and in this ordinance as well.