President Ramchandra Paudel. (File Photo)
President Ramchandra Paudel has returned the Constitutional Council (Functions, Duties, Powers, and Procedures) Amendment Ordinance to the government for the third time, citing concerns over democratic principles and the separation of powers.
Sources at Shital Niwas confirmed that the President sent the ordinance back after legal consultations, standing firm on his position that appointments to high-level constitutional bodies must not be driven by a simple minority. The current ordinance, forwarded by the government led by Prime Minister Balendra Shah on April 27, sought to allow the six-member Council to make decisions with just three members present.
Under existing law, a quorum requires the Chairperson (Prime Minister) and at least four other members. The President’s Office asserted that lowering this threshold would undermine the spirit of the Constitution.
"The President has maintained that the provision for majority decisions must not be undermined by any law. He believes this ordinance restricts the separation of powers and risks institutionalizing arbitrariness in high-level appointments," a Shital Niwas source stated.
The President argued that recommendations for constitutional posts should ideally reflect consensus or at least a meaningful quorum to ensure "checks and balances." This marks a continued standoff over the issue, as President Paudel had previously rejected similar versions of the ordinance presented on November 18, 2025 and earlier July 9, 2025.
While the President recently authenticated seven out of eight ordinances submitted by the government, this specific bill remains the primary point of contention between the executive and the Head of State.
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