KATHMANDU, May 5, 2026
President Ram Chandra Paudel officially issued the controversial ordinance concerning the Constitutional Council on Tuesday. The move comes after the government ignored the President's initial concerns and resubmitted the original draft for authentication without incorporating any of his suggested amendments.
Last week, the President returned the ordinance citing concerns over the proposed decision-making process. The draft stipulates that a meeting can be held with just four members present in the six-member Council, and decisions can be made by a simple majority of those present (three members). President Paudel had argued that this provision undermines the principle of a 'majority of the total membership' and suggested that the baseline for decisions should remain a majority of the total members, not just those attending.
Despite these reservations, the executive branch chose to reiterate its previous recommendation. Constitutional experts advised the President that his role as the guardian of the Constitution mandates the authentication of an ordinance if resubmitted, similar to the mandatory authentication of a bill repassed by Parliament. The ordinance will now be tabled in Parliament, which will have the final authority to test its constitutional validity and political impact.