Prime Minister Pushpa Kamal Dahal is preparing to bring the Federal Civil Service Act and other laws necessary for implementation of federalism through an ordinance.
PM Dahal is trying to bring the laws through an ordinance instead of calling the next session of Parliament even as the previous session ended two months ago.
He told the Socialist Front meeting held on Wednesday morning that various circumstances have made it necessary to bring an ordinance.
PM Dahal said that the laws have to be passed through an ordinance as it is getting late for summoning the next session of Parliament and as acts related to federal civil service and police integration need to be passed as soon as possible.
"During conversations with the speaker and the National Assembly chairman, it was said that calling the Parliament meeting before the National Assembly elections would not be attractive. It looks as though the House session will be called after the National Assembly elections," CPN (Maoist Center) General Secretary Dev Gurung told Setopati, quoting PM Dahal. "If there is consensus among the parties participating in the government, then maybe an ordinance should be brought."
PM Dahal said so while briefing the meeting about the government's work and not as an agenda item, according to Gurung.
The government is holding the National Assembly elections on January 11. This time, elections are being held for 19 seats in the National Assembly.
“The provincial governments are making strong demands for paving the way for implementation of federalism. The time period of the ultimatum given by them to the federal government is almost over," PM Dahal said in the meeting. "If possible, it is better to make laws from the House itself. I don't know what will happen in the House. An ordinance may have to be brought in compelling circumstances.”
Most of the Socialist Front members who attended the meeting suggested that laws could be brought even through an ordinance for implementation of federalism.
Janata Samajwadi Party (JSP) leader Rajendra Shrestha said that the Front suggested giving rights by even bringing an ordinance as non-implementation of federalism even eight years after the promulgation of the Constitution had sent a message that it is a ‘burden’.
"Inability to implement the system of federal, provincial and local level powers and concurrent powers is a weakness," Shrestha said. "We have suggested implementing it by even bringing an ordinance.”
He said that the Front is of the view that the government should take the lead for implementing federalism. He also said that the government should stand firm in the distribution of powers according to the provisions in the Constitution.
In his address to the nation on Tuesday, PM Dahal said that he was in favor of strengthening the provinces.
“I am in favor of strengthening the provinces. Lately, I have heard and understood the dissatisfaction of the provincial chief ministers,” he said while addressing the nation. “I assure them today through this address that all the knots of federalism are being untied very soon.”
Earlier, on December 23, Minister for Law, Justice and Parliamentary Affairs Dhan Raj Gurung said during the Nepali Congress Bagmati province conference that federalism-related laws would be brought even through an ordinance.
“The government is clear that the Federal Police Act, Federal Civil Service Act and Education Bill should be brought as soon as possible. If the functioning of Parliament is delayed, these laws will be issued even through an ordinance," he said.
A conference of chief ministers of the seven provinces is set to take place on Friday in Hetauda, the capital of Bagmati province.
Madhes province has said that the Singha Durbar will be picketed if laws for implementation of federalism are not brought by Sunday.
PM Dahal had earlier assured representatives of the Madhes government that legal obstacles would be removed even through an ordinance.
On September 9, the Cabinet had given the nod to the Ministry of Federal Affairs and General Administration to present the bill on federal civil servants in Parliament. But the bill could not be presented in Parliament as government employees protested against it.
The bill was stalled due to a dispute over who the chief administrative officer of the local level and the secretary and chief secretary of a province should be under.
Similarly, the Police Integration Act was issued on February 11, 2020. The act stated that the integration process would be launched within a month of the date of issuance. But it is still gathering dust at the Ministry of Home Affairs.
The government has, however, yet to bring the Federal Police Act.
PM Dahal is preparing to bring these laws through an ordinance instead of calling the next session of Parliament soon.
Article 93 of the Constitution states that the interval between two consecutive sessions of Parliament should not exceed six months.
As the previous session of Parliament ended on November 2, the government can summon the next session by April.
