President to seek legal advice on Constitutional Council Bill

  • नेपाल राष्ट्रिय दैनिक
  • July 21, 2025

Kathmandu — President Ram Chandra Poudel has blocked the Constitutional Council Bill, which includes a provision that allows decisions to be taken even in the absence of a majority, citing the need for legal advice. The bill was passed by both houses of the federal parliament and reached Sheetal Niwas on Ashad 32.

The President is concerned about the new provision that allows only two out of the six members of the council to recommend appointments. This change in the law is against the principle of balance of power in the constitution, according to a source at the President’s Sheetal Niwas. For this reason, President Poudel will decide whether to certify it or send it back to parliament for one time only after further consultation.

Clause 2 of Article 113 of the Constitution provides that a bill submitted to the President must be certified within fifteen days. If the President feels that it is necessary to reconsider the bill, he can send it back to the house of origin with a message within fifteen days of its submission.

After the parliament passes it for the second time and sends it, the President is constitutionally obligated to certify it within fifteen days. However, it has been established as a precedent that the Citizenship Bill, which was once withdrawn by former President Bidya Devi Bhandari, was repeatedly passed and sent to the House of Representatives, but was put on hold without being certified within 15 days.

There is a constitutional provision that the Constitutional Council, chaired by the Prime Minister, will have the Chief Justice, Speaker, National Assembly Speaker, leader of the main opposition party, and Deputy Speaker as members. Currently, the law stipulates that the presence of the chair and four members is mandatory for a quorum. However, the amended bill envisages four situations of quorum. A provision has been made that only two people can take a decision on the recommendation of an appointment.

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