Our parliament has often demonstrated a lack of prudence in lawmaking. Frequently, the potential repercussions of legislative changes are not thoroughly assessed. Bills are passed without sufficient deliberation and sent for authentication in haste, undermining the legislative process. Most recently, President Ram Chandra Paudel returned the Constitutional Council (Functions, Duties, Powers, and Procedures) Amendment Bill to Parliament for reconsideration. It was only after the President’s intervention that serious discussion on the bill’s provisions began. A fundamental strength of democratic governance lies in its system of checks and balances. When power becomes concentrated in a single office or within the executive, it risks sliding into authoritarianism. To prevent this, the Constitution has carefully defined the roles, responsibilities, and powers of various actors. When returning a bill, the President must do so based on specified grounds. Article 113(3) of the Constitution allows the President—except in the case of finance bills—to return any bill for reconsideration within 15 days of submission. The Constitutional Council is composed of six members: the Prime Minister, Chief Justice, Speaker, Deputy Speaker, Chairperson of the National Assembly, and the Leader of the Opposition. This inclusive structure aims to ensure broad-based consultation and maintain the spirit of national consensus in constitutional appointments. The Council is expected to decide unanimously in its first meeting. If that fails, a second meeting can make decisions by majority vote—at least four out of six members must agree—thereby preserving a degree of balance and integrity in the appointment process.
Revised interest rate corridor system introduced
However, the bill forwarded to the President included a controversial provision: it allowed just two members to recommend appointments when other positions are vacant. This opens the door to potential misuse of power. President Paudel, recognising this risk, sent the bill back for reconsideration. The posts of the Speaker and Deputy Speaker generally remain vacant during election periods. In such times, the Prime Minister could exploit this loophole to make unilateral appointments. Although high-level appointments are ideally avoided during elections, this norm is often ignored. In one such case, 52 constitutional officials were appointed despite dissent from both the Speaker and the National Assembly Chair. These appointments were later upheld by a Constitutional Bench ruling. President Paudel returned the bill citing that some provisions contradicted the Constitution, democratic norms, and international practices. Significantly, several lawmakers from the ruling Nepali Congress had defied the party whip and were absent during the bill’s hasty passage in Parliament—something the President was likely aware of. The bill, passed by both Houses, had reached him on July 15.
Now that the President has returned the bill, Parliament has two options: amend and resend it, or return it in its existing form. If resent, the President is constitutionally obliged to authenticate it. However, precedent shows that this process can become controversial. Former President Bidya Devi Bhandari returned bills related to citizenship and passports. While she later authenticated the passport bill after it was withdrawn from the National Assembly, she refused to authenticate the Citizenship Bill for the remainder of her term, even after it was resent unchanged on July 30, 2022. The bill was only enacted after President Paudel authenticated it on May 31, 2023. In a functional democracy, the lawmaking process must involve careful deliberation by both Houses and their relevant committees. Laws should aim to improve governance and benefit the people—not serve partisan or personal interests. Unfortunately, the executive often pushes laws that are politically motivated, bypassing due process. To address current irregularities in constitutional appointments, the provisions governing the Constitutional Council must be effective and robust. Strengthening institutions—not weakening them—is the key to a thriving democracy. Parliament bears the responsibility to make necessary amendments and resend the bill for authentication. By ensuring proper checks and balances in appointments to constitutional bodies, lawmakers can reinforce the democratic foundation of the nation.
