What is in the ordinance sent to the President?

KATHMANDU: The government has sent an ordinance to the President’s Office proposing significant changes in the decision-making process of the Constitutional Council.

According to sources at the Prime Minister’s Office, the ordinance focuses mainly on altering quorum requirements and the number of members needed to make decisions in the six-member Constitutional Council.

Key provisions of the ordinance

The ordinance proposes that decisions in the Constitutional Council can be taken by just three members, including the prime minister. This is a major shift from the previous arrangement.

The new provision reduces the number of members required to hold and proceed with council meetings, making it easier to convene meetings even when all members are not present.

Earlier law required decisions to be made by consensus, and if not possible, by a majority of at least four members out of six. The new ordinance lowers this requirement, allowing decisions even with fewer members.

Aim to avoid deadlock

Officials say the change is aimed at avoiding decision-making deadlocks, especially in appointments to constitutional bodies.

The Constitutional Council is chaired by the Prime Minister and includes the Chief Justice, Speaker of the House of Representatives, Chairperson of the National Assembly, Leader of the Opposition, and Deputy Speaker.

Earlier laws required a quorum of at least five members, and decisions were expected through consensus or majority.

In 2023, a related bill passed by Parliament was returned by President Ram Chandra Paudel, who raised concerns over allowing decisions based on a reduced majority.

Since then, no new law has been enacted, creating legal uncertainty in cases where consensus is not reached.

Why the ordinance now

Government sources say the ordinance has been introduced due to delays in passing legislation through Parliament and to ensure timely decisions on constitutional appointments.

The proposal is now awaiting approval from the President. If approved, it will come into immediate effect but will still require parliamentary endorsement to remain permanent.

The move is expected to trigger political debate over transparency, balance of power, and constitutional practice.