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🇳🇵 Nepal /Elections & Politics

Rule by ordinance erodes democratic values

From Kathmandu Post · (4m ago) English Critical tone

Summarized and contextualized by DistantNews.

TLDR

  • The Nepali government has recommended issuing ordinances to amend key acts, including the Constitutional Council Act, bypassing a scheduled parliamentary session.
  • This move has drawn criticism, with opponents arguing it undermines democratic processes and erodes legislative values.
  • The government claims the ordinances are necessary to fill legal vacuums and expedite appointments, but critics question the urgency and intent behind bypassing Parliament.

The current administration's reliance on ordinances to enact significant legal changes is raising serious concerns about the erosion of democratic values in Nepal. The recent decision to summon a joint session of Parliament only to indefinitely suspend it, ostensibly for 'incomplete preparations,' has been met with skepticism. The subsequent recommendation to the President to issue ordinances amending crucial legislation, such as the Act Related to the Constitutional Council, suggests a deliberate attempt to circumvent parliamentary deliberation.

While Article 114 of the Constitution grants the government the prerogative to issue ordinances under specific conditions—namely, when Parliament is not in session and urgent action is required—the justification for these recent ordinances appears weak. The government, led by Prime Minister Balendra Shah, has not adequately explained the urgency, particularly given that the budget session of Parliament is due to commence soon. The argument that ordinances are needed to fill a 'legal vacuum' in the Constitutional Council Act, as stated by the Law Minister, is particularly questionable, especially since the Supreme Court has previously clarified that original legal provisions are restored when an ordinance ceases to be effective.

Furthermore, the proposed ordinances, including one that would allow decisions within the Constitutional Council to be made by a mere three members, appear to consolidate power within the executive. This is especially concerning given the council's composition, where the Prime Minister holds significant influence. The decision to bypass Parliament, which the ruling Rastriya Swatantra Party (RSP) commands a strong majority in, suggests a preference for swift, executive-driven action over legislative consensus. This pattern of governance by ordinance, particularly when Parliament is readily available, sets a worrying precedent for Nepal's democratic institutions.

Whatever the government’s defence, the ordinances appear aimed at easing decision-making for Shah within the Constitutional Council, which he chairs.

— Kathmandu PostAnalysis of the government's motives behind issuing ordinances.
DistantNews Editorial

Originally published by Kathmandu Post. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.

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