President clarifies on constitutional provision

Kathmandu, Oct 2: President Ramchandra Paudel has clarified that there is a constitutional provision in which the President could not reject submission on any topic brought by the government after fulfilling all processes. The President explained this provision to a delegation comprising Rastriya Swatantra Party president Rabi Lamichhane that had come to draw the President’s attention today over the topic of remission, on the occasion of the Constitution Day, of remaining prison term of inmates.

The Head of State also informed the delegation of the constitutional provision which states that as per the parliamentary system the government itself shall take the credit or blame for the decision made by the Council of Ministers. He reminded that where the constitution allows the President to use wisdom he had questioned and turned back the letter from the Ministry of Home Affairs recommending for granting general amnesty to 34 individuals.

“I do not think that you do not understand our constitution, our republic and our parliamentary system. You are in parliament and the government is also in parliament. Why could not you make the Prime Minister, the Home Minister accountable in the parliament itself and straight away come here?” the President said and expressed that, in his view, this was somewhat not in keeping with the constitution and the system.

Stating that sometimes there might be situation in which leaders will have to come before the President, he said, adding this time it appeared to him as opposite. “I have raised question over the process and procedure regarding the 34 individuals whose names were recommended for pardon based on the constitutional provision of the President granting general amnesty as per the President’s wisdom and returned (the recommendation) back to the Home Ministry.

As far as the topic of remission of the remaining prison term of 670 others is concerned, there is a constitutional provision that I will have to accept the topic decided upon by the Council of Ministers fulfilling the due process,’ the President clarified. President Paudel recalled that the parliament has the authority to correct or amend the laws if they are inconsistent.

Mentioning that he was concerned at present lest the constitution, this system, the republic itself in under attack at present, President Paudel said, “It is necessary for leaders like you who are committed to the constitution and the republic to think over becoming cautious. I hear that attempts are being made to prove that this system and the republic itself is not suitable and to weaken this system brought through 70 years of struggles, by putting the blame of all things on the institution of the President.

You need to be aware about this and it is your responsibility to protect (this system).” During the meeting with the President, RSP president Lamichhane said that they had come to the President to request him to call attention of the government in the capacity of the nation’s guardian. He contended that it was their right to request to the President to have the government’s attention drawn in his capacity as the guardian of the nation itself.