KATHMANDU: A constitutional ordinance has placed President Ram Chandra Paudel in a difficult position, as the government led by Prime Minister Balendra Shah pushes for its endorsement despite earlier objections.
The President had returned the ordinance related to the Constitutional Council for reconsideration on Sunday.
However, Monday’s Cabinet meeting decided to resend the same ordinance to Sheetal Niwas without any changes, according to government spokesperson and Education Minister Sasmit Pokharel.
This is not the first time Paudel has taken such a step. He had earlier returned a similar ordinance sent by former Prime Minister KP Sharma Oli on July 9, 2025, and another sent by then interim Prime Minister Sushila Karki on November 18, 2025.
Despite the President’s concerns, the government has chosen to resend the ordinance in its original form, putting Paudel under increasing pressure. Constitutional experts note that while the President can return an ordinance once for reconsideration, resubmission by the Cabinet creates a moral and constitutional obligation to authenticate it.
Officials close to the government indicate that preparations are underway to move forward with legal processes if the President refuses to authenticate the ordinance again.
Leaders of the ruling Rastriya Swatantra Party, including party chair Rabi Lamichhane, have already signaled that the ordinance will be pushed through.
Legal experts suggest that the President now has limited options. According to constitutional scholar Bhimarjun Acharya, once an ordinance is returned and resent without revision, it is generally expected to be authenticated. He added that the political responsibility for the ordinance ultimately rests with the government.
The controversy centers on provisions allowing decisions of the Constitutional Council to be made by a reduced quorum, a move the President reportedly disagrees with. However, with the Cabinet standing firm, Paudel faces a dilemma: approve the ordinance or risk escalating constitutional confrontation, including the possibility of impeachment.
Meanwhile, opposition parties, including the Nepali Congress and CPN-UML, have urged the President not to endorse the ordinance, arguing that it undermines constitutional norms.
As the standoff intensifies, observers say the President is likely to approve the ordinance, avoiding further institutional conflict, even as political tensions continue to rise.
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