July 28, 2012
To: Dr Surya Dhungel
Cc: 'Lalit Basnet'; ': Mohan Lohani'; 'Rajendra Dahal'; 'Hari Sharma'
I have just come across news in the media that care taker government has passed an Ordinance to allow holding of election of CA more than once. In Article 63 there is provision for election of CA only once. Therefore, this ordinance, if promulgated, will in effect amend the constitution. It is wrong from many perspectives.
Ordinance is ad hoc measure and it is an instrument to tide over the vacuum created by the absence of legislature which is expected to come into existence within 6 months. But only a government with executive power can promulgate ordinances. However, president has been instrumental in breaching this constitutional principle/convention as he has become an accomplice (मतियार) by promulgating so many ordinances.
But ordinance cannot amend constitution at any time, in any situation and circumstance. However, if president is to assent to promulgate an ordinance that amends the constitution, it could be deemed high treason on the part of the president himself; unpardonable one. I trust this time the president will not become instrumental in amending constitution through ordinance.
With best regards,
Ratna Sansar Shrestha, FCA
Senior Water Resource Analyst