Katmandu, July 25: President Ramchandra Paudel has returned the Constitutional Council (Functions, Duties, Powers and Procedures) Amendment Bill to the House of Representatives, arguing it contradicts the spirit of the constitution. Though the bill had been endorsed by both Houses and sent for authentication on July 15, Paudel declined to sign it, invoking Article 113(3) of the constitution and urging further deliberation.

A statement from the President’s Office said the bill needs deeper analysis, as it undermines constitutional values and democratic norms. Press advisor Kiran Pokharel said the President had no choice but to send it back due to its controversial provisions.

The bill proposed changes to appointment procedures in constitutional bodies, allowing the prime minister and a minimal number of council members to make decisions without broader consensus. Currently, the six-member council includes the PM, chief justice, Speaker, National Assembly chair, deputy Speaker, and leader of the opposition. The Minister for Law replaces the chief justice during the nomination of a new chief justice.

Under the proposed provisions, decisions could be made in four different quorum scenarios, all requiring the prime minister's presence. In the most minimal case, just the PM and one member could make appointments.

Parliament now has the option to revise the bill or return it in its current form. According to Article 113(4), if both Houses resend the bill—amended or unchanged—the President must authenticate it within 15 days. This recalls a similar situation in 2022, when then-President Bidya Devi Bhandari withheld assent to the Citizenship Bill even after Parliament passed it twice. It was later signed into law by President Paudel in May 2023. A bill only becomes law once it receives the President’s seal of approval.

People’s News Monitoring Service