RSP government bypasses parliament with ordinances, drawing criticism

The Kathmandu Post critically examines the Rastriya Swatantra Party's (RSP) governance strategy, highlighting its reliance on ordinances to circumvent parliamentary procedures. This approach, while potentially expedient, raises serious concerns about democratic norms and the health of Nepal's legislative process.

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It now appears that the government ended the session abruptly to issue the ordinances. It is wrong for a government with such a huge representation to bypass Parliament. The party had the opportunity to establish good parliamentary practice.

The article details how the RSP government, led by Balendra Shah, has suspended parliamentary sessions to push through ordinances, including those related to the Constitutional Council and cooperative sector issues. While the government claims these measures are necessary to fill legal vacuums and expedite appointments, constitutional experts like Bipin Adhikari and Bhimarjun Acharya voice strong opposition.

Their arguments center on the constitutional provision that ordinances should only be issued when Parliament is not in session AND when immediate action is urgently required. Experts contend that the RSP, with its significant parliamentary majority, has ample opportunity to deliberate and pass legislation through proper channels, rather than resorting to executive orders. This bypasses the crucial role of parliamentary debate and scrutiny.

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The ordinance was necessary to fill a legal vacuum in the Constitutional Council Act, enabling the appointment of a chief justice without delay.

From a Nepali perspective, this reliance on ordinances by a party that campaigned on reform and good governance is particularly concerning. It suggests a potential disregard for established parliamentary practices, which are vital for ensuring accountability and transparency. The Kathmandu Post's reporting serves as a crucial check, reminding citizens and policymakers alike that the spirit of the constitution, not just its letter, must guide governance, especially when a party holds substantial power.

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When an ordinance becomes inactive, the earlier legal provisions automatically revive. Therefore, the original 2009 provisions of the Constitutional Council Act remain fully in force.