KATHMANDU, Nov 1: Constitutional expert Bipin Adhikari has welcomed Speaker DP Aryal’s call for the government to make laws through parliamentary discussions and regular legislative procedures rather than increasingly relying on ordinances.
Adhikari said excessive use of ordinances as an alternative to the regular parliamentary process could raise serious concerns about Parliament’s lawmaking authority, democratic deliberation, public accountability and the balance of power between the executive and legislature.
He recalled that Article 114 of Nepal’s Constitution allows the President to issue an ordinance on the recommendation of the Council of Ministers when immediate action is necessary, except when both houses of the Federal Parliament are in session.
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The government issued several ordinances in early October covering disaster management, forests, land, science and technology. Reports have also emerged that the government is considering further ordinances to amend laws related to the civil service, banking sector and Press Council.
According to Adhikari, it is necessary to maintain a proper balance between the constitutional authority to issue ordinances and Parliament’s legislative powers. Excessive reliance on ordinances can weaken Parliament’s role and undermine the deliberation and accountability required in lawmaking.
He described Speaker Aryal’s call for legislation through parliamentary discussions and regular procedures as a positive statement in support of Parliament’s legislative authority, institutional autonomy and constitutional role.
Adhikari said the government must carefully consider the necessity and justification for issuing ordinances. Prioritising regular legislative procedures and maintaining the balance of power between the executive and legislature are essential to democratic governance.
