Strengthen the System, Not the Executive

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.