President Paudel Consults Legal Experts on Constitutional Council Ordinance

Kathmandu. President Ramchandra Paudel is currently under stress after the government led by Prime Minister Balendra (Balen) Shah postponed the parliamentary session and issued a series of ordinances. The President is most stressed about whether to approve the Constitutional Council related ordinance, which he himself had previously 'held', after the government recommended it. The government had recommended six ordinances, including the Constitutional Council related one, a few days ago. President Paudel had approved the ordinances related to the Cooperative and Public Procurement Acts on Thursday. However, parliamentary opposition parties have been urging the President not to approve the ordinance related to the Constitutional Council. On one hand, there is a constitutional obligation to approve the ordinances recommended by the government, and on the other hand, due to the opposition parties' protests, President Paudel is in a dilemma and has been holding discussions with legal experts continuously on Thursday and Friday. After discussing with constitutional experts on Thursday, Paudel discussed with officials of the Nepal Bar Association on Friday. 'Even after doing that, there is no alternative but to accept and move forward,' informed an official of the Nepal Bar who participated in the discussion with the President. In the discussion held on Friday, President Paudel raised questions such as, 'What are the provisions of the ordinance related to the Constitutional Council? What does the constitution envision regarding consensus or majority? The ordinance mentions majority of those present. What is your opinion on this, and what would be appropriate for me to do?' In response, the Bar officials explained in detail about the formation and objectives of the Constitutional Council. They suggested that the ordinance culture itself is wrong and that it would be democratic and lawful to amend such laws through the parliament as much as possible. However, during that time, they urged to remind Prime Minister Balen Shah once to reconsider the majority provision in the amendment, even though the constitution has a provision for ordinances. 'Even after doing that, there is no alternative but to accept and move forward,' informed an official of the Nepal Bar who participated in the discussion with the President. In the discussion, President Paudel also explained that the ordinance has a provision of 'majority of those present' while the arrangement was based on consensus or majority decision. After the discussion with the President, Nepal Bar President Vijay Mishra said that he reminded the President that the constitutional and existing legal provisions regarding the Constitutional Council were made for national consensus. 'First of all, the ordinance culture regarding the Constitutional Council is wrong. Secondly, it is not right for the force that reached the government by opposing ordinances to also take the path of ordinances,' said President Mishra, quoting the suggestion they gave to the President, 'That is why the constitution envisions the formation of a Constitutional Council comprising the Prime Minister and five other key individuals.' Mishra stated that they reminded the President that the constitution's intent and spirit is for a unanimous decision when such high-ranking individuals are involved. The Bar officials reminded the President that although the constitution's intent and spirit are pure, the Constitutional Council has been subject to power-sharing in recent years, and for that reason, the Bar had to agitate in the past. 'Now also, the issue of making decisions by majority has come up. That is not in line with the spirit of the constitution. Therefore, please call the Prime Minister or advise him in writing to reconsider,' said Mishra, quoting his suggestion, 'However, if he does not agree, there is no alternative but to accept it and move forward. The public will evaluate in five years.' 'No order has been received from the honorable regarding further action on the ordinance related to the Constitutional Council,' said Ritesh Shakya, spokesperson for the President's Office. At the invitation of President Paudel, President Vijay Mishra, Vice President Tej Rawal, General Secretary Kedar Koirala, Treasurer Jagat Karki, and members Mukund Adhikari, among others, reached Shital Niwas on Friday. They held discussions for about 1 hour. The Bar officials also sought suggestions on the mechanism for advising the Prime Minister. 'What is the mechanism for advising the Prime Minister? Written or oral?' the President inquired. In response to the President's query, the Bar officials suggested that it would be better to provide it in writing, reminding that it would also serve as a record. On Thursday, President Paudel had consulted constitutional experts regarding the same ordinance. During that consultation, they suggested that it would be appropriate to take steps within the constitutional limits. The President's Office stated that even after consultations with Bar officials and constitutional experts, President Paudel has not reached a conclusion on what to do about the ordinance. 'No order has been received from the honorable regarding further action on the ordinance related to the Constitutional Council,' said Ritesh Shakya, spokesperson for the President's Office.