Ordinances’ expiry leaves legal holes as altered provisions evaporate

Nepal faces legal uncertainty as four key government ordinances have expired, rendering their provisions ineffective. These executive orders, including amendments to the Constitutional Council Act and university-related acts, lost their validity after the government failed to secure parliamentary endorsement within the constitutionally prescribed 60-day window from the start of the parliamentary session.

The expiry of these ordinances creates significant disruptions. Appointments to vacant positions in various constitutional bodies, such as the National Human Rights Commission and the Commission for Investigation of Abuse of Authority (CIAA), are now in limbo. Similarly, the process for appointing vice-chancellors and registrars to several universities is stalled, as the revised eligibility criteria introduced by an ordinance are no longer legally binding. The land distribution process for informal settlers is also impacted.

Legal experts highlight the creation of a "legal vacuum" due to this lapse. Actions already taken under the ordinances are likely to remain valid, but any pending tasks or future actions that relied on these provisions are now stalled. The government must either reintroduce the amended provisions through regular bills or revert to the original legal frameworks, a process that could be time-consuming and complex.

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The ordinance amended the original act, thereby repealing the old provisions. Now that the ordinance itself has lapsed, the provisions have been revoked from both ends, resulting in a legal vacuum. This will make it difficult to complete the remaining tasks that the ordinance was intended to address.