RSP government doubles down on ordinances as opposition cries foul

The Rastriya Swatantra Party (RSP) led government in Nepal is facing mounting criticism for its extensive use of ordinances to push through legislative changes, a move that opposition parties decry as a deliberate bypass of Parliament and a threat to the regular legislative process. The government has recently forwarded an ordinance, titled 'Some Nepal Acts,' to the Office of the President, proposing amendments to a staggering 20 different laws. This broad package also includes ordinances affecting numerous universities and health science academies.

This latest wave of ordinances follows closely on the heels of separate ordinances aimed at amending the Constitutional Council Act and the Cooperatives Act. While Deepa Dahal, a press expert at the prime minister’s secretariat, asserts that these amendments are intended to enhance transparency, competitiveness, and efficiency in public appointments and services, opposition voices are far from convinced. They argue that the government's reliance on ordinances, especially when Parliament is functional and the ruling party commands a significant majority, suggests an intent to avoid scrutiny and debate.

One of the most contentious aspects of the 'Some Nepal Acts' ordinance concerns universities and health science academies. It proposes amendments that could lead to the termination of current officials' tenures, circumventing existing laws that provide four-year terms. Critics suggest this is a thinly veiled attempt to clear the way for politically motivated appointments, potentially avoiding legal challenges that might arise from early dismissals. The sheer volume and scope of the proposed changes through ordinances, rather than through the established parliamentary route, raise significant questions about the government's commitment to democratic norms and the rule of law in Nepal.

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It is clear that the ordinance has been used to end the tenure of current officials and make way for new appointments.