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Bidari register motion to reject Constitutional Council ordinance

Aliza prawin - 2021 Jan 05 01:14 PM

CPN National Assembly member Ram Narayan Bidari has registered a rejection motion against the ordinance about Constitutional Council issued by President Bidya Devi Bhandari.

Bidari has pointed that the ordinance was already issued and withdrawn in the past, and argued that Prime Minister (PM) KP Sharma Oli evaded the House to issue the ordinance by not convening House session within six months as required by the law, according to Joint Spokesperson with the parliament secretariat Dasharath Dhamala.

The ordinance attacks the objective of Article 284 of the Constitution in a way that substantially affects the decision making process for appointments in constitutional bodies, Bidari has argued giving reasons for submitting the motion for rejection as per rule 89 of the National Assembly Regulations.

The winter session of National Assembly started on Friday.

PM Oli on December 15 had unilaterally issued the ordinance with a provision that allows decision in the Constitutional Council with support of the majority of the existing members without discussing the ordinance in the Cabinet meeting.

The existing Constitutional Council Act required presence of four members apart from the PM to constitute quorum, and decision can only be taken through consensus.

Oli had unilaterally brought the ordinance, and President Bidya Devi Bhandari hastily authenticated it, after Speaker Agni Sapkota did not attend the meeting called earlier on December 15 apparently under instruction of CPN Chairman Pushpa Kamal Dahal.

The ordinance was widely condemned by the opposition parties and ruling CPN alike. Oli finally pledged to withdraw the ordinance in the standing committee meeting the next day but it was later revealed after he dissolved the House on December 20 that the Constitutional Council meeting on December 15 evening had recommended to fill all the vacant constitutional positions as per the provisions of the ordinance.

"The government should bring ordinance when it faces difficulty when the House session is not on. Not convening House session for six months and bringing an ordinance to foment trouble is wrong," Bidari told Setopati about his rejection motion. "The Constitutional Council should recommend appointment of top officials at the constitutional bodies. There is a constitutional provision for that. I have registered the rejection motion as lowering requirement for quorum of such important meeting is not right."

The ordinances issued by the government should be presented to both the Houses and would be automatically revoked if not endorsed by both the Houses within 60 days of the start of House session.

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