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Dissatisfaction at the civilian level and their own daily conflicts are spreading. But Kalangmalong is seen more in the government of two-thirds. There is not a week like this, some minister in the government has not projected something or the other about the lifespan of two-thirds of the government.
The habit of having to say something but not looking for much accountability in such speech has also become a common characteristic of those in and outside the government .
Instead of trying to make the elected parliament dynamic, the government has again created chaos by pushing it back and ruling through ordinances. At present, 20 bills are stalled in the parliament. But the government is deliberately delaying calling the winter session. And by bringing one ordinance after another, the Parliament is constantly doing the trick. It is not that the government with the support of two-thirds cannot get the desired bill passed by the parliament. But it seems that those in the government do not believe in the power of the Parliament.
Communication and Information Technology Minister Prithvi Subba Gurung is arguing that the government has to bring an ordinance as there is no possibility of immediate passage even after taking the bill to the parliament. But has the government with the support of two-thirds been so weak that it cannot even complete the process of delivery? Why is it necessary to question, because earlier on December 9, the Council of Ministers had decided to bring an ordinance to regulate cooperative organizations and to return the sunk money of savers . which was issued by the President on December 14.
Congress-UML formed a new alliance for power sharing by agreeing on seven points at midnight on June 17. 6 months of power coalition have passed . But the government is indulging in bringing one ordinance after another and only depending on this, the work will be rushed. Besides, the government has been preparing internally for a long time to bring an ordinance related to party division .
Even those in the government do not deny it in casual conversation . In addition, the government led by Sher Bahadur Deuba brought an ordinance in August 2078 with a provision that the party can be divided if 20 percent of the party is in one of the parliamentary parties and the central committee. Soon after the ordinance was promulgated, the UML broke up and the Unified Samajwadi Party was established under the chairmanship of Madhav Kumar Nepal. What happened after that is unclear.
The purpose with which the ordinance was brought at that time was shelved after that purpose was fulfilled. The Ordinance was not tabled in Parliament. And the then President Bidya Devi Bhandari canceled it on October 11, 2078. The provisions of the Act repealed by the Ordinance had to be revived by the Parliament. However, neither the replacement bill was forwarded nor the provisions of the Act which were issued from the Ordinance were raised . Due to the Ordinance, the provisions of the Political Party Act are currently inactive. It has not been a long time since Upendra Yadav's Jaspa, Nepal was divided last Baisakh with the 'support' of the regulation while the
Act was inactive. The Janata Samajwadi Party formed under the leadership of Ashok Rai after splitting from Jaspa Nepal has become a companion of the UML-Congress power alliance. A writ has already been filed in the Supreme Court saying that it is illegal to divide the party with the help of regulations when the law is inactive. Which is currently under consideration . What should not be forgotten here is that the government led by Sher Bahadur Deuba brought an ordinance to amend the provisions related to party division in 2078 to achieve a majority.
Ordinances to be brought during the crisis have become a style of bringing them for political maneuvers and leaving them behind after the term ends. Unfortunately, such a practice is evolving into a style of weaponization that reaches government leadership. The tendency to rule through
ordinances is growing in every new government. Because, after the promulgation of the Interim Constitution of Nepal, 2063, a total of 39 ordinances were issued till 2072. While only 49 ordinances were issued during the five years of the Federal Parliament.
Parliament Secretariat published Ordinances in Nepal: System and Practice Study Report, after the promulgation of the Constitution of Nepal in 2079, out of 49 ordinances issued by the Federal Parliament during the five-year period, only 17 ordinances were converted into laws through the replacement bill.
After the Parliament started on February 20, 2074, until October 2079, it seems that the Federal Parliament has enacted a total of 102 laws, including 75 laws from the House of Representatives and 27 laws from the National Assembly. Whereas, during this period, the government seems to have issued 49 ordinances.
What this fact means is that, leaving the methodical and strong way of law making, the government one after the other seems to dare to rule on the basis of ordinances. Unfortunately, the current two-thirds government is trying to institutionalize it more .
Making the parliament dynamic, discussing the bill extensively, taking opinions and consultations with experts, and hastily bringing an ordinance overnight in order to build its widespread acceptance, the government is taking the road. The spokesperson of the government interprets this rush as a good intention to make government work and service delivery effective. After all, what is the hurry of the government, which has to move forward by bypassing the rules and procedures. The
ordinance is not a weapon to be used especially in a crisis. Remember, sometimes we carelessly take caffeine to relieve pain. But with that being said, do we resort to bruffin to avoid common suffering? Now the government is abusing the extraordinary right that the government can use in special cases . The effect of which will be on the immediate decision taken by the government, its far-reaching effect will continue till the future. An example of this is the internal political exercise to divide the party with the help of ordinance.
In the parliamentary system, laws are created through the joint practice of the executive and the legislature. Regarding the laws needed by the government, the draft of the bill is prepared in consultation with the government officials, subject matter experts, the bill committee of the Council of Ministers is discussed in depth and after passing it by the Council of Ministers, it is sent to the Parliament. That bill is taken to the Parliament step by step process of law making . The bill is further refined and passed through monthly discussions in the subject parliamentary committee. After being passed by the parliament, the government's view that the road to be sent to the president for certification is not a good sign.
It is not even a matter to say that it is not suitable for a two-thirds government to rule on the basis of ordinances . Moreover, it is not a matter to say that the danger of arbitrariness will always remain by the abuse of the right to issue ordinances.
In the report published by the Parliament Secretariat, it is written that according to the essence and spirit of the legislative system, the government should initially present an ordinance and then take it to the Parliament and make a law. The lack of it has deviated the governance system and democratic system of Nepal .
It is not considered appropriate to issue ordinances repeatedly in a democratic governance system. Now it is the responsibility of the government to prove that two-thirds of the government is in such a hurry that it cannot even wait for the winter session of the parliament. Otherwise, Kalangmalang's suffering will never end in Nepali society!
