Kathmandu, 05 May (H.S.): Nepal President Ram Chandra Paudel on Tuesday approved the ordinance related to the Constitutional Council. The government had recommended the ordinance to the President for issuance once again.

Previously, the President had approved seven out of eight ordinances recommended by the government but returned the Constitutional Council-related ordinance for reconsideration. On Monday, the Council of Ministers meeting recommended re-issuing the same ordinance without any changes.

The ordinance stipulates that a Constitutional Council meeting will be considered duly convened with the presence of four members, and decisions can be taken by a majority of the attending members. The six-member Constitutional Council is chaired by the Prime Minister and includes the Prime Minister, Leader of the Opposition, Chief Justice, Speaker of the House of Representatives, Deputy Speaker, and Chairperson of the National Assembly as members.

Nepal Prime Minister Balendra Shah had also written a letter to the President requesting issuance of the ordinance. However, earlier the President's argument was that the Constitution envisions a majority system for Constitutional Council decisions, while the ordinance came in a manner different from that spirit. While returning the ordinance, the President had also reminded that Parliament-passed bills had been returned previously.

Following this, in the letter sent to the President by the Prime Minister, the provision was made by removing the term immediately restored stating that the Council meeting can only be held when all members are restored to their positions. Additionally, the presence of at least four members was made mandatory for quorum.

Previously, the President had argued that decision-making by only three members in the six-member Constitutional Council or the situation of Council members' positions remaining vacant cannot be envisioned. On this, the Prime Minister clarified that the current ordinance does not envision such a situation.

According to the Prime Minister, the Council meeting will only be possible when all six members are restored to their positions. If any member's position remains vacant, that situation is not included in this ordinance. He clarified that even if all members are in position but do not attend the meeting, the required quorum number for the meeting has been prescribed in such a situation.

Now, if four members out of six are present, it will be considered quorum, and decisions can be taken by a majority of the attending members—that is, at least three. Since the Council has a total of six (even number) members, a situation of equality can arise in decision-making. In such cases, if there is a three-three vote split, the Council Chairperson's (Prime Minister's) vote will be considered the majority—such arrangement was deemed necessary.

The Prime Minister's argument is that if unanimity is not possible, it is appropriate to take decisions by majority, therefore this legal provision has been included.

According to the government, considering the seriousness of the subjects mentioned in the ordinance, it was found necessary to issue it as is even after reconsideration, therefore as per the Council of Ministers' decision, the Prime Minister recommended it for issuance in the same form.

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Hindusthan Samachar / Jun Sarkar