Govt faces backlash over five ordinances

KATHMANDU: Just a day after calling a session of parliament, the Rastriya Swatantra Party (RSP) government led by Balendra Shah postponed the session and moved to advance laws through ordinances. Opposition parties have strongly criticized the move, calling it undemocratic and contrary to parliamentary norms.

President Ram Chandra Paudel had summoned the budget session of the Federal Parliament for April 30 on the recommendation of the cabinet made on April 23. However, within a day of the announcement, the government changed its decision and recommended postponing the session. The sudden postponement of a session called for pre-budget discussions and other legislative business drew immediate concern from opposition parties.

The government, however, insisted that it needed more time to arrange sufficient business for the House. Speaking at a press conference on April 24, Government Spokesperson and Minister for Education, Science and Technology Sasmit Pokharel said additional time was needed to finalize the agenda, procedures, and other formalities.

Despite that explanation, the Balen-led government subsequently recommended five ordinances to the President, effectively bypassing parliament. Opposition parties have united against the decision, arguing that bringing ordinances while parliament is on hold undermines democratic practice. At a meeting on Wednesday, opposition leaders demanded that the ordinances be withdrawn and urged President Paudel not to authenticate them.

The move has also revived criticism of RSP President Ravi Lamichhane, who had fiercely opposed a similar attempt by the previous KP Sharma Oli government. At the time, Lamichhane had accused the government of undermining the fresh public mandate and parliament’s authority. His past remarks are now being widely circulated on social media.

Sources say the ordinance clarifies quorum requirements, allowing the council to meet and make decisions if at least four of its six members are present. It also introduces a new provision giving the Prime Minister a casting vote in the event of a 3-3 split. I

The government has recommended to the President to issue ordinances to amend the Constitutional Council (Functions, Duties, and Powers) Act, the Cooperative Act, the Health Science Academies Act, the Various Nepal Acts, and the University Act. Among them, the ordinance related to the Constitutional Council ordinance has attracted the greatest political attention.

The Constitutional Council is a powerful body that appoints the Chief Justice and heads of different constitutional bodies. Chaired by the Prime Minister, it has the Speaker, the Deputy Speaker, the National Assembly Chairperson, the Chief Justice, and the leader of the opposition party as members. Sources say the ordinance clarifies quorum requirements, allowing the council to meet and make decisions if at least four of its six members are present. It also introduces a new provision giving the Prime Minister a casting vote in the event of a 3-3 split. If five members are present, decisions can be made by a simple majority of three.

Constitutional expert and senior advocate Bipin Adhikari has questioned both the necessity and timing of the ordinance. He argued that a recent Supreme Court precedent had already resolved any legal vacuum regarding the Constitutional Council. He added that ordinances are intended for situations where urgent legislative action is required when parliament cannot convene.

“The parliament’s job is to make law,” Adhikari said. “Governments have increasingly used ordinances as a shortcut to avoid parliamentary scrutiny. This weakens the institution of parliament.”

Stating that ordinances have too often been used for political convenience, he urged the government to pursue its agenda through the normal legislative process instead. While acknowledging that the constitution permits ordinances, he said using them on the eve of a parliamentary session devalues the house and mirrors past practices that the current ruling party had once criticized.