The government led by Prime Minister Balen Shah has been issuing one ordinance after another after having a previously summoned session of Parliament suspended.
At a time when there is widespread criticism that a government with nearly a two-thirds majority is bypassing parliamentary procedures and ruling the country through ordinances – described as a “direct encroachment by the executive on Parliament” – the government has introduced five ordinances within two days.
Earlier, on Monday night, two ordinances were sent to the Office of the President for issuance.
Political parties including the main opposition Nepali Congress, as well as constitutional experts, objected to the move, saying the government was trying to run the country through ordinances by bypassing Parliament.
However, despite widespread criticism, the government sent three additional ordinances to the President’s Office on Tuesday night, said a source.
According to the source, the second batch of ordinances sent around 10 p.m. on Tuesday includes an ordinance related to health science academies, an ordinance to amend some Nepal laws, and an ordinance related to universities.
Earlier, on Monday night, ordinances related to the Constitutional Council and cooperatives were forwarded in the first batch.
A source at the President’s Office also confirmed that five ordinances have been received from the government, adding that all of them are currently under review.
“Five ordinances have arrived over two consecutive nights around 10 p.m.,” the source said. “All five ordinances are being studied.”
When asked about this, the prime minister’s press advisor, Deepa Dahal, said that she had no formal information regarding the matter.
Among the ordinances sent in the second batch, the ordinance to amend some Nepal laws is particularly significant, as it would allow the government to amend any other laws.
Similarly, vice-chancellors of universities had previously told the government that legal amendments were needed to remove the role of Free Student Unions in routine operations of universities.
The government’s agenda mentions that student unions affiliated with political parties will be removed from universities.
The ordinance related to the Constitutional Council is also important, as it is linked to the appointment of the chief justice and officials of constitutional commissions.
There are speculations that the government suspended the Parliament session and introduced the ordinance to make appointments favorable to itself.
At present, appointments need to be made for several key positions, including the chief justice of the Supreme Court and the chief election commissioner.
The Constitutional Council consists of six members: the prime minister, speaker and deputy speaker of the House of Representatives, chairperson of the National Assembly, chief justice, and leader of the main opposition party.
The Nepali Congress appointed Bhishma Raj Angdembe as its parliamentary party leader on Monday.
According to the source, the new ordinance allows the appointment of the chief justice and officials of constitutional commissions with the consensus of just three members of the council.
Earlier, based on the recommendation of the Cabinet led by Prime Minister Shah on April 21, President Ram Chandra Paudel had summoned a session of both houses of the Federal Parliament.
The session, which was scheduled for April 30, was later suspended on April 23 on the Cabinet’s recommendation.
At that time, the prime minister’s press advisor and policy expert Deepa Dahal said that the session was postponed due to lack of preparation.
“The government recommended to the president to postpone the Parliament session as preparations for the budget session were not complete. Accordingly, the president decided to postpone the Parliament session,” she said.
Some ministers also said that the session was postponed because there was “no business” for Parliament.
However, after postponing the Parliament session citing lack of preparation just a week ago, the government has now used the intervening period to bypass parliamentary procedures and send five ordinances to the President’s Office.
Interestingly, government spokesperson and Education Minister Sasmit Pokharel, while announcing Cabinet decisions on Monday, had disclosed only three decisions, none of which included the recommendation of ordinances.
The main opposition, the Nepali Congress, has been protesting the government’s move to introduce ordinances by bypassing the regular parliamentary session.
NC spokesperson Devraj Chalise said that bypassing Parliament to introduce ordinances is not dignified.
"We found that the Parliament session was postponed on the government’s recommendation after the president had summoned it on the government’s recommendation. Postponing a Parliament session that had already been summoned and bringing ordinances instead is not a dignified move," Chalise said.
