Parliament or Ordinance is the way to make laws?

फाल्गुन ४, २०८१

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Parliament or Ordinance is the way to make laws?

I found the article entitled 'Explain on the right to enact ordinances' written by Balram KC published in Kantipur on Jan 30 to be accurate and very relevant. Because the Judiciary that implements the Constitution is made up of three organs namely the Legislature and the Executive.

However, the violation of the constitution has not been done by the judiciary and the legislature, but only by the executive. As a result of cutting off the powers of the other two organs of the state, the rest of the powers have been given to the government, and as a result of the lack of democratic culture, the Oli government has developed 'power corruption'. The main intention of the constitution maker is to maintain the rule of law and democratic values ​​and recognition, and not to enjoy ruling by passing ordinances by bypassing the parliament.

Despite being forward-looking and progressive, the country has become unstable due to incompetent leaders who do not understand the meaning and value of the constitution. The constitution is not a statute of any particular party, it cannot be questioned or counter-questioned, it has been proven that Prime Minister KP Oli, who speaks only 3 words of Article 114 in the parliament, defends the ordinance, and his understanding of the ordinance is very low.

If the government was run with a good understanding of the constitution, American Hollywood actor Ronald Reagan, Malaysian (physician) Prime Minister Mohamad Mahathir, and Indian (pilot) Rajiv Gandhi would have been efficient rulers and constitutionalists. But the study of the constitution of our head of government is confirmed by the habit of sometimes dissolving parliament and issuing ordinances, sometimes issuing ordinances and summoning parliament. This fact can be confirmed by lying that there is no time to wait for the Parliament session even though there is no element that needs to be done immediately in the recently issued ordinance.

If the leader is good, even a bad constitution can work well and the fact that the success and failure of the constitution depends on the leader has been proved by the current governance system of Nepal. Rather than saying what we can give to the country and the people, our republican leaders are giving the message of how to rob the country as much as possible. The Giribandhu T-state scandal, appointment in Bhagbanda, looting of natural resources can be taken as glaring examples. The data showed that Nepal is ranked 34th in the Corruption Perceptions Report, which measures the governance of the country.

Therefore, as the Supreme Court is the protector of the Constitution, it is very necessary to take 'so thick notice' regarding the ordinance. The article of the constitution should be overturned and an appropriate order/mandamus should be issued and the government, war, supreme war, attorney general and amicus curiae should be heard. The Constitution, its rule of law and the larger public interest are protected. Explanation of the government's right to issue ordinances, if the Supreme Court is considered to be the most active court in the world, the faith of all stakeholders will increase.

Gangaraj Aryal , Panini-8, Arghakhanchi

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