By bypassing Parliament, the government is trying to rule by ordinance

The winter session was not yet convened, three ordinances were passed by the cabinet meeting at midnight

Poush 28, 2081

Kul Chandra Newpane

By bypassing Parliament, the government is trying to rule by ordinance

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Prime Minister KP Sharma Oli has decided to bring three ordinances along with amendments to some Nepal Acts by holding a cabinet meeting till midnight on Friday. The opposition parties have criticized the government for taking the route of ruling by ordinances by not convening the winter session of the law-making parliament.

The meeting of the Council of Ministers, which was held from 9 pm to decide on the ordinance, ended at 12:30 midnight. There is talk of an ordinance that will divide political parties outside. Currently this topic is not included. Chief Secretary Eknarayan Aryal will hesitate about other ordinances, Prime Minister Oli introduced the matter in the meeting. After that, Chief Secretary Aryal read out in the meeting about two dozen points arranged by the ordinance to simplify the work of the ministry. 

Before the Cabinet meeting, Prime Minister Oli also consulted with President Ramchandra Paudel. Prime Minister Oli accompanied Law Minister Ajay Chaurasia and Chief Secretary Aryal to Sheetal Niwas to consult about the ordinance. Before the Council of Ministers made a decision, there was a long discussion about the ordinance even in the two-party system. 

A minister of the government said that the government has decided to introduce an ordinance related to investment and land along with amendments to some Nepal Acts to simplify the functioning of the government by removing legal complications immediately. According to him, an ordinance to facilitate the division of political parties is also under discussion. "A consensus has not been reached on this," he said.

The government had earlier on December 9 also decided to bring an ordinance to regulate cooperatives and to return the sunk money of savers, which was issued by the President on December 14. Communications and Information Technology Minister Prithvi Subba Gurung, who is also the spokesperson of the government, said that the government's operations and He said that it was decided to bring the ordinance for the good purpose of making service delivery effective.

"It is the constitutional right of the government to bring ordinances. It is not unusual for the government to bring ordinances when it deems it necessary to make a legal arrangement during national calamities and economic crises," he said, "Even now, the economy is not in a coma, but in the ICU." We are trying to bring it to the ward.

It is not difficult for the government to make laws through the parliament. A government with the support of two-thirds can pass any bill it wants from the parliament. Officials of the secretariat say that the convening of the winter session, which will be considered as the bill session, has been delayed by a month. 20 bills are pending in the Parliament.

After pushing the parliament session and bringing one ordinance after another, the criticism of the government has increased. The opposition parties have commented that the government has made a mockery of the rule of law by resorting to ordinances. They are also preparing for a strike against the government. 

Maoist's Senior Vice President Narayankaji Shrestha said that bringing one ordinance after another while convening the Parliament's bill session is contrary to parliamentary practice and democratic values ​​and beliefs. He did not believe that the bill would be passed by the parliament, but also suspected that the government was going to bring an ordinance. 'The government is completely ignoring the rule of law and parliamentary practice,' said Shrestha, 'this activity of the government cannot be considered democratic in any way.' It is unfortunate in political history that a government formed by a coalition of parties practices ordinance rule. If this process is considered natural, the legitimacy of the Parliament will be questioned," she said. "If any law is urgently needed in the Parliament, it can be passed through the fast track. It is not a natural process to introduce an ordinance by deceiving the representatives elected by the people.

Government spokesperson Gurung says that the ordinance was introduced to provide speedy services to the people as there is a delay in the process of regular bills. "Even if the parliament session is called immediately, there is a delay due to the process of submitting the bill to the parliament and sending it to both houses, sending it to the parliamentary committee and discussing it," he said. The government is preparing to convene the winter session of the Federal Parliament in the second week of January. He said that the convention will be called after giving 15 days notice.

Minister Gurung informed that the three ordinances passed by the Council of Ministers on Wednesday will remove the legal complications seen in the work of the ministries including home, finance, education, health, land reform, and general administration. The

ordinance provides for facilitating the confiscation of criminal assets or instrumentalities found in crimes, providing for settlement agreements in some governmental cases at the execution level, giving a chance to waive penalties and fines and pay the amount if settlement is made with the victim, and including teachers in the pension fund.

Similarly, it is mentioned in the ordinance to make national identity card compulsory for social security allowances, to simplify the work of the government, to decide on a job file within a week, and to arrange for action if the file is not advanced even for a week.

Using citizen apps in service delivery, non-resident Nepalese citizens will get a free visa to stay in Nepal for 10 years, making the mandatory retirement age of workers 60 years, changing the system of jail time if the case is appealed, fines, and imprisonment if the bond cannot be kept 15 The Ordinance is also going to make legal provisions for information technology companies to invest abroad, keeping only a percentage. 

Nepali companies will be allowed to compete in foreign markets and bring income to the country and such companies will be allowed to open branches abroad, the investigation department can decide on revenue disputes and leakages up to three million rupees, no need to wait for the judgment to fill in the gap in revenue leakage cases, fines and fines Arrangements are also being made through the Ordinance, including the possibility of reconciliation even in cases where payment has been made. 

Before convening the winter session of the Parliament, Prime Minister Oli is also trying to introduce an ordinance on party division with the aim of dividing the Unified Samajwadi Party. According to a leader, the Congress and UML have not reached an agreement on the percentage required to split the party and whether the new party formed by the split can be merged into another party immediately.

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 was split and the Unified Samajwadi Party was established. After that, since the ordinance was not submitted to the Parliament, the then President Bidya Devi Bhandari revoked it on October 11, 2078. The provisions of the Act repealed by the Ordinance had to be revived by the passage of a replacement Bill by the Parliament. But since the replacement bill has not been moved, the relevant provisions of the Act are inactive.

 JSP Nepal was divided last Baisakh with the 'support' of the regulation while the Act was inactive. After the Upendra Yadav-led JSP split from Nepal and the Janata Samajwadi Party under the leadership of Ashok Rai was registered, a writ was filed in the Supreme Court saying that it would be illegal to divide the party by resorting to the regulations while the law was inactive, which is under consideration.

Kul

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