Kathmandu, October 2nd: President Ramchandra Paudel has provided a clarification regarding a constitutional provision that restricts the President from rejecting government submissions on any topic after completing due processes. President Paudel conveyed this information during a meeting with a delegation led by Rastriya Swatantra Party president Rabi Lamichhane, who had sought the President’s attention on the matter of granting remissions for inmates’ remaining prison terms, coinciding with Constitution Day.
The President also informed the delegation about another constitutional provision stating that in a parliamentary system, the government bears responsibility for decisions made by the Council of Ministers. He reminded the delegation that the Constitution allows the President to exercise discretion, citing an instance where he questioned and returned a letter from the Ministry of Home Affairs recommending general amnesty for 34 individuals.
Expressing his view on the matter, the President stated, ‘I do not believe that you lack an understanding of our constitution, republic, and parliamentary system. Both you and the government are part of the parliament. Why not hold the Prime Minister and Home Minister accountable within the parliamentary framework before approaching me? In my opinion, this approach appears somewhat inconsistent with our constitution and system.’
Furthermore, President Paudel mentioned that there might be situations where leaders must present themselves before the President, but in this instance, it seemed the opposite.
Regarding the 34 individuals recommended for pardon based on the President’s discretionary authority, he highlighted that he had raised questions about the process and procedure, ultimately returning the recommendation to the Home Ministry. Concerning the topic of remission for the remaining prison terms of 670 individuals, the President clarified that there is a constitutional provision compelling him to accept decisions made by the Council of Ministers after completing due process.
The President also emphasized that the parliament possesses the authority to rectify or amend laws that are inconsistent with the constitution.
In light of the current situation, President Paudel expressed concern that the constitution, the system, and the republic itself are under attack. He urged leaders dedicated to the constitution and the republic to exercise caution, as he had heard of attempts to discredit the system that had been established through 70 years of struggle by placing blame on the institution of the President. He stressed that it is their responsibility to safeguard this system.
During the meeting, RSP president Lamichhane stated that they had approached the President to request his intervention as the guardian of the nation. He argued that it was their right to seek the President’s attention in his capacity as the nation’s guardian.
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