The 'intention' of the government revealed by the ordinance

Magh 10, 2081

The 'intention' of the government revealed by the ordinance

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Generally there are constitutional boundaries and limits for the operation of government and its organs. Apart from the situation of 'obstacles and obstacles', there are also paths that the government and its organs can embrace, but this may raise questions about the government's intentions. Therefore, constitutionalism is considered a universal principle of state system in democratic countries.

The basic ideal of constitutionalism is not only the words and interpretations of the articles and clauses of the constitution adopted by the nation, but the government should run and run according to its spirit and spirit. The state established on that basis is called a democratic state. 

Nepal has also adopted its own government and administrative policies and principles by adopting these universal principles of democracy. Its main heritage is the constitution itself. However, they may have their own way of interpreting and understanding the laws, laws and regulations based on it. However, its universal recognition and principles are the same. In other words, no matter how anyone understands the meaning of democracy, in the end, the alternative to democracy is a more advanced and refined democracy. Any arbitrary step taken in its place or through holes cannot be called or considered democracy. 

Two big political parties are currently running the government in Nepal. Due to the adoption of multi-party democratic political system, it is difficult for any one party to form a government in countries like Nepal. So far, there have been very few parties with a single majority in general elections. Even then, single governments are rare. It means that every time any two or more parties are needed to form or form a government. The same is happening in Nepal. It is very difficult for any party to get a single majority due to the system of governance and election system that we have adopted. That is why sometimes the government in Nepal has been run under the leadership of a third party.

In general, it is a tradition to form and form a government under the leadership of the party with the most MPs based on the number of MPs. But that is not happening in Nepal this year. After the 2079 elections, the political situation changed in such a way that the government was formed under the leadership of a third party. After that, the conditions were created that the second and first parties had to go to the government under the leadership of the third party. And now the first party is sharing power by accepting the leadership of the second party. That is, now the second largest party in the parliament, CPN-UML is leading the government and the Nepali Congress is also participating in the partnership. Which is the largest party based on the number of MPs. Similar types of governments have also been formed in the

provinces. Based on this background, the present government is powerful in itself. Because, the two major parties in the parliament are sharing the government. In a way, even if there is no strong opposition in the House of Representatives now. However, that does not mean denying the power and coexistence of other parties, but generally in a parliamentary system, when one largest party leads the government, the next largest party leads the parliament. It is a tradition in the spirit of general democracy and the parliamentary system. 

The main goal of this government formed by two big parties is to amend the constitution. In the year 2072, Nepal issued a new constitution adopting basic principles such as presidential institution, federalism and secularism in the republican state system. After the constitution of 2047, two Constituent Assemblies were passed and a new constitution came in 2072.

This constitution has many backgrounds. After going through many historical turns, we have succeeded in bringing a new constitution. There was something incomplete in the constitution at that time. This is the voice from the time of the issue of amending the constitution to cover some insufficient issues. Some have not yet accepted the constitution. Different regions and communities feel that they do not belong in this constitution. A constitution is a sovereign document of a nation, adopted by every citizen and universally accepted. But it is not irreversible.

The constitution should be amended based on certain factors of the country, time and global situation. Therefore, the constitution should be dynamic. However, whether to amend the constitution or amend it? The debate is also going on. Whatever it is, the essence of it is to make it feel like belonging to every citizen. The constitution can be sustainable only if every citizen can establish the feeling that this document of the constitution is mine. And it can be effective. Therefore, no sky will fall when or if the constitution is amended. Rather, it is whether or not it can encompass the spirit of the respective region and community. Therefore, every region, community and political parties have their own arguments and demands regarding the amendment of the constitution. He should be taken for granted. Because the need is such. 

When the government is formed in the partnership of two big parties, the suspicions that its intention, working style and operating process will be autocratic are born in this background. Because in democracy, when two big political parties are in one place for one interest, there are always doubts that arbitrariness and despotism will arise from it. There is even more fear of arbitrariness and despotism in power management. Along with these doubts, the functioning of the government has also started to be the same.

The 'ordinances' brought by the government some time ago have indicated the same. Incidents of dissolution of the House of Representatives are still fresh. The cases of the government taking the parliament hostage and bringing ordinances on its own accord and on its own volition have not yet been resolved. In such a situation, when the government continues to issue ordinances again, the trust and confidence of the common people will be broken. And questions may also be raised about the functioning of the government. It does not mean that ordinances cannot be brought, but it also has certain conditions and standards.  It just depends on its intentions. 

The government has amended 27 different acts through an ordinance in the month of March only, keeping in mind that the 'session' of the Parliament has ended and a new session has not been called. Even recently, the government brought four more ordinances. That too on the eve of the time when the session of Parliament should be convened. Within a few days of the ordinance, the government called for a session of Parliament again. Its direct meaning and intention is clear. Just as there were already doubts about the power sharing between the two major parties. What kind of ordinances should be introduced and how and when they should be introduced are determined by national circumstances.

In the comprehensive dictionary of Nepal, Adhyadesh is defined in this way - 'Adhyadesh is a recognized order like a law issued or issued by the highest power of the nation using special authority when necessary for a specific time when there is no session of the legislature or parliament. 

Also, in Article 114 of the Constitution of Nepal 2072, the Ordinance and it is clarified as follows: 

1) The President may issue an ordinance on the recommendation of the Council of Ministers, except when both houses of the Federal Parliament are in session.

2) Ordinance issued in accordance with sub-section (1) shall be valid as an Act.

Provided that every such Ordinance, (a) after its promulgation shall be laid before both Houses of the Federal Parliament sitting and shall automatically become inoperative if not passed by both Houses, (b) may at any time be repealed by the President, and (c) clause (a) or (b) ) will automatically become inactive after sixty days after the meeting of both the Houses if it is not deactivated or revoked.

Explanation: For the purposes of this clause, the term 'the day on which both Houses meet' means the day on which the session of both the Houses of the Federal Parliament begins or on which the meeting is held and the term refers to the day after the meeting of the Houses of the Federal Parliament in the case that the Houses of the Federal Parliament are sitting before and after the meeting.

is to embrace the constitutional meaning and universal definition of the ordinance. Ordinance itself is not negative. Not bad in itself. But when the trust of the entire civil society towards the government is being broken, such ordinances issued with any reasoning can have a more negative impact on the situation despite the fact that there are straight, simple and constitutional paths.

At such a time, even among the parties sharing power, there should be an atmosphere of stopping each other. The current government is led by CPN-UML and Nepali Congress is a main partner in it. Congress itself is a historical political party with the original character of democracy. Which was born keeping the essence of the people's sovereignty and democracy and nationalism in its conception.

Parliament is the sovereign body of the people in the parliamentary system. Therefore, in terms of partners, the Nepali Congress had to express its serious disagreement on this. But that didn't happen. In such a situation, it is necessary for the Nepali Congress to make it clear to the public who are trusting the Nepali Congress.

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