Prime Minister Balen Shah Addresses President Paudel's Concerns on Constitutional Council Ordinance

Kathmandu. Prime Minister Balen Shah 'Balen' has sent a message to President Ram Chandra Paudel, stating that the concerns raised earlier when withdrawing bills and ordinances have been addressed in the 'Constitutional Council (Functions, Duties, Rights and Procedures) (First Amendment) Ordinance 2083'.

President Paudel had previously sent back this same ordinance, sent by the government led by KP Sharma Oli, stating it was against the spirit of the majority system. Raising the same issue with this ordinance sent by the current government, President Paudel had sent it back for reconsideration on Sunday.

Thereafter, the Council of Ministers passed it as is on Monday and sent it to the President for issuance. When sending it back for re-issuance, Prime Minister Balen also sent a letter along with the message that the concerns raised by the President when withdrawing previous ordinances have been attempted to be addressed in this ordinance.

According to sources in the President's Secretariat, Prime Minister Balen has written in the letter, 'Taking into consideration the message received from the Honorable President at the time of withdrawing the said bill, the phrase 'immediately in office' indicated by the Honorable President has been removed, and it has been stipulated in the present ordinance that the meeting can only be held when all members are in office. The quorum has been arranged with at least four members for the quorum.'

Balen has also clarified that the ordinance has provisions different from the bill passed by the Federal Parliament in the past. The letter also states that the meeting can only be held when all 6 members of the Council are in office, and the chairperson's vote will be decisive for majority decisions.

Previously, when President Paudel returned the ordinance, he had argued that the constitution envisioned a majority system for decisions of the Constitutional Council, but the ordinance came in a way that differed from that spirit. The President had also recalled that bills passed by Parliament in the past were also returned.

The President had previously argued that it was unimaginable for decisions to be made by three members in the six-member Constitutional Council, and that members of the Constitutional Council could also be vacant.

Prime Minister Balen has stated in his clarification that the meeting can only be held when all 6 members are in office. He argues that this ordinance does not envision a situation where any of the six members would be vacant.

An official from the President's Secretariat told Ratopati that the Prime Minister mentioned that only the quorum for the meeting would be determined when members are in office but not present at the meeting.

The ordinance stipulates that since the Constitutional Council has 6 members, which is an even number, in case of a tie in any decision, the decision will be considered in favor of the side where the chairperson agrees, as stated in Balen's letter, the official said.