President Ramchandra Paudel has returned the Constitutional Council (Functions, Duties, Powers and Procedures) Amendment Bill to the House of Representatives for reconsideration, stating that the legislation does not align with the spirit of the constitution.

The bill, which was endorsed by both houses of the federal parliament and sent to the President for authentication on July 15, proposed major changes to how appointments to constitutional bodies are made.

However, President Paudel declined to authenticate it, citing constitutional concerns.

The President sent the bill back to the House of Representatives in accordance with the article 113(3) of the constitution citing the need for review of the bill based on further study, discussions, deliberations and analysis, said a press release issued by Shailaja Regmi Bhattarai, spokesperson for the Office of the President, on Thursday evening.

The bill was sent back to the lower house as it was originally registered in the same chamber.

Kiran Pokharel, press advisor to the President, said the head of state had to return the bill “as it contradicts the intent of the constitution, democratic norms, values, and good practices”.

Under the bill, the prime minister and a majority of available members—potentially as few as two—could make appointments to constitutional bodies in the absence of consensus.

Currently, the six-member council includes the prime minister (as chair), the chief justice, Speaker of the House of the Representatives, National Assembly chair, deputy Speaker, and leader of the main opposition. The Minister for Law, Justice and Parliamentary Affairs instead of the chief justice attends the council meeting when nominating a chief justice.

The new bill proposed four scenarios for quorum and decision-making process, all of which required the prime minister’s consent, even when only two members were present.

In the first scenario, when the council has the chairperson and five members, the quorum for the meeting is deemed to have been achieved if the chair and any three members are present. The four can make nominations for appointments to vacant positions in constitutional bodies.

In the second scenario, when the chairperson and four members are in office, a minimum of three, including the chairperson and at least two members, can make decisions. In the third scenario, when the council has four members including the chairperson, three of them including the prime minister can make decisions.

In the fourth situation, when the chairperson and two members are in office, a quorum is considered met if at least two, including the chairperson and at least one member, are present. In such an extreme case, only two including the prime minister and one member can make decisions or nominations.

Parliament can now either revise the bill or send it back to the President in its current form. When the bill is sent for the second time, the President must authenticate it.

The article 113(4) of the constitution states that if any bill is returned with a message by the President, and both Houses reconsider, pass such a bill as it was or with amendments and submit it again, the President shall give assent to that bill within 15 days of such submission.

However, then President Bidya Devi Bhandari in 2022 sat on the Citizenship Bill even after the Parliament endorsed the bill twice and forwarded it to Sheetal Niwas for endorsement.

Later, President Paudel endorsed the bill only on May 31, 2023 as it was earlier forwarded by the federal parliament during Bhandari’s tenure.

The presidential seal is a must for any bill to become a law.