The statute is silent on the action to be taken by the Prez on the bill stalled by his predecessor
KATHMANDU, MAY 7
Coalition partners in the Pushpa Kamal Dahal-led government have decided to request President Ramchandra Paudel to authenticate the citizenship bill, twice rejected by then President Bidhya Devi Bhandari.
The government took a decision to this effect following a meeting between the top leaders of the ruling coalition and office bearers of the Nepal Bar Association (NBA) at the Prime Minister's official residence, Baluwatar on Saturday. Then President Bhandari had pocket vetoed the bill by not endorsing the bill four months ago, before the November 20 general elections. The ruling coalition and NBA had termed her pocket veto as 'unconstitutional', which clearly states that the head of the state has no power to stop the bill passed twice by both the Houses of the Federal Parliament. Following the discussion among the coalition leaders and NBA officials, PM Dahal is also in a mood to request the President for the authentication of the citizenship bill stalled in the President's Office. The NBA has been saying that the same bill that was passed twice by the Parliament could not be a business of the new parliament. The NBA suggested to the leaders of the ruling partners that the citizenship bill was the property of the President's Office.
When the Parliament passed the bill for the second time without any changes, then President Bhandari did not return it to the House – she could not do so as per the constitutional provision – but used her pocket veto against the bill. The constitution does not allow the ceremonial head of state to use the pocket veto as is used by the U.S. president as the executive head of the state. However, it is yet to be seen whether President Paudel will authenticate the bill against which then president Bhandari had raised nine questions, including the provision of issuing the citizenship certificate on the basis of provincial identity, which was missing in the bill. While replying to the Supreme Court in a writ petition filed against her decision to not authenticate the bill, Bhandari had claimed that no discussion was held in both the Houses of Parliament about the questions she had raised on the bill.
The citizenship bill has, as per the constitutional provisions, proposed giving citizenship certificate by descent to those whose parents had obtained citizenship by birth, to those whose parents could not be traced and other children in the name of mother, if they wish. More than half-a-million people of these categories have been deprived of citizenship papers as the Parliament did not enact a new citizenship bill as per the new constitution, which has clearly stated that necessary laws shall be amended within three years from the date of the promulgation of the new constitution. Even if the President endorses the bill as per the request of the PM, it will be challenged in the Supreme Court because of so many flaws in the bill endorsed twice by the previous Parliament. Moreover, the constitution is silent on about the legal course to be taken by the sitting President regarding a bill endorsed by the House but stalled by his predecessor. In this case, the Supreme Court will have to give a clear verdict so that no such controversy arises in the future. However, this issue should be settled as per the letter and spirit of the constitution.
A version of this article appears in the print on May 8, 2023, of The Himalayan Times.
