President rejects Constitutional Council Bill

KATHMANDU: President Ram Chandra Paudel has returned the Bill to Amend the Constitutional Council (Functions, Duties, Powers and Procedures) Act, 2009, to the House of Representatives for reconsideration.

The Bill, which had reached the President’s Office for authentication after approval by both Houses, was sent back on Thursday.

According to President Paudel’s press advisor, Kiran Pokhrel, the President returned the Bill to the originating House as per Article 113 (3) of the Constitution of Nepal, stating that the proposed amendment contradicts the spirit and intent of the Constitution, as well as democratic norms, values and international practices.

“When comparing the Bill and the existing Act, it appears at first glance that the amendment goes against the spirit and intent of Article 284 of the Constitution, as well as global democratic norms and principles. I am concerned that such a practice could limit and narrow the scope of constitutionalism,” the President’s message to the House states.

“Since decisions taken by the Constitutional Council naturally attract public interest and concern, it is essential that public trust in such decisions remains strong. Article 284 (1) of the Constitution appears to have designated the chairperson and other members of the Constitutional Council as permanent members. However, my attention has been drawn to the need to ensure that any law framed to account for unforeseen situations, such as the possibility of these members not being in office or being absent at a given time, does not lead to serious or complex consequences.”

The President also said in his message that Parliament must consider that prioritizing executive convenience over constitutional and legal governance, in disregard of constitutional provisions, could ultimately encourage authoritarianism.

The amendment bill had been endorsed by both houses of Parliament and reached the Office of the President for authentication on July 15.