Nepali Congress, CPN, and UML have nearly reached an agreement to block government-introduced ordinances in the National Assembly. They have agreed not to allow the passage of the ordinance related to the Constitutional Council, as it disrupts the balance of power. According to the constitution, if an ordinance is not approved by both houses, it becomes automatically null and void, and the opposition parties are working to ensure this ordinance is not implemented. Kathmandu, 28 Baishakh – Opposition parties are advancing preparations to stop government ordnances in the National Assembly. According to leaders, the three main parties in the National Assembly—Nepali Congress, CPN, and UML—have almost reached consensus on this issue. However, they have not yet finalized whether to block all ordinances or only some. Procedurally, the leaders agree that all ordinances should be opposed, but there is also recognition of the need to consider specific provisions and benefiting parties of certain ordinances.
The three parties have agreed to block the amendment ordinance related to the Constitutional Council in the National Assembly. Padma Bahadur Bishwakarma, National Assembly Secretary of Nepali Congress, said, ‘We support good decisions. However, we must firmly oppose any issues that undermine democracy and harm the poor.’ Since the Constitutional Council ordinance undermines the balance of state power and democratic practice, the opposition parties have agreed not to allow its passage in the National Assembly.
President Ramchandra Paudel has already returned this ordinance once. However, when the government reintroduced the same ordinance a second time, it was authenticated. The authenticated ordinance provides for a qualitative quorum when the Chair and at least three members are present. Previously, the Constitutional Council, which includes the Prime Minister, Speaker, Chief Justice, Chairperson and Deputy Chairperson of the National Assembly, and opposition party leaders as members, required a qualitative quorum with the Chair and at least four members present. Opposition party leaders have stated that they are united in preventing this ordinance, which removes provisions ensuring inclusive power balance with opposition leaders, from passing in the National Assembly.
Dr. Prem Prasad Dangal, leader of UML’s parliamentary party in the National Assembly, said, ‘We have held repeated discussions. The support of JSP and LSP is also secured.’ Leaders of the CPN also agree not to allow the passage of the Constitutional Council ordinance. Sources say that Pushpa Kamal Dahal Prachanda, coordinator and parliamentary party leader of the CPN, is personally engaging with top opposition leaders on this agenda. Although formal meetings have not occurred, Prachanda has been communicating via phone with top leaders like Congress President Gagan Thapa and UML Chairman KP Sharma Oli. Thapa and Oli have also agreed not to allow passage of the ordinances in the National Assembly. However, it is not yet finalized which specific ordinances will be blocked.
Dr. Dangal added, ‘Procedurally, all ordinances should be rejected, but discussions are ongoing about whether to be selective.’ The Congress has proposed blocking both the Constitutional Council ordinance and Ordinance-083, which amends the Nepal Act related to universities. Congress leaders have objected to the university ordinance, saying it grants excessive power to university chancellors. Amid debates about removing the provision that the Prime Minister serves as chancellor, Congress is opposing the ordinance due to the expanded authority it grants to chancellors.
Meanwhile, UML opposes the ordinance on dismissal of public officials. However, it is understood that Congress does not hold the same stance because such an ordinance might send a signal related to contesting elections for those positions. Despite winning two-thirds of the seats in the House of Representatives, these two parties plus other parties hold only about 54 seats in the National Assembly. Congress holds 24 seats, the CPN 17, UML 10, JSP 2, and LSP and Janamorcha 1 seat each.
The constitution stipulates that ordinances must be approved by both houses. The government may issue ordinances with the President’s approval on the recommendation of the Council of Ministers when parliament is not in session. Such ordinances have the status of law and come into immediate effect. However, the relevant minister must present the ordinance in the first parliamentary meeting, and both houses must approve it. Members of parliament may also submit a notice to reject the ordinance. This procedure is detailed in Rule 95 of the House of Representatives and Rule 89 of the National Assembly guidelines.
’Members proposing rejection of an ordinance must notify the General Secretary or Secretary within two days,’ states Sub-rule 1 of Rule 95 of the House of Representatives guidelines. Reasons for rejection must also be provided. The process moves forward only if both houses reject the ordinance. As per Article 114, Clause 2(a) of the Constitution, ‘It shall be presented in both houses of the Federal Parliament and shall become ineffective if not accepted by both houses.’ Even if an ordinance is approved by both houses, a replacement bill must be passed in both houses and authenticated by the President within 60 days; otherwise, the ordinance becomes null and void.
