KATHMANDU: The government led by Prime Minister Balen Shah has recommended the issuance of two ordinances, triggering criticism for bypassing Parliament despite having already called a session.
A Cabinet meeting on Monday decided to recommend to President Ram Chandra Paudel the issuance of ordinances related to cooperatives and the Constitutional Council. According to Press Advisor to the President of Nepal, Kiran Pokharel, the proposals are currently under review at the President’s Office.
The ordinances were sent from Singha Durbar to Sheetal Niwas on Tuesday afternoon.
Earlier, on April 21, the Cabinet had recommended convening a session of Parliament, which the President scheduled for April 30. However, in a sudden move, the government recommended postponing the session on April 23, just days after calling it. Acting on that recommendation, President Paudel suspended the session before it could begin.
The government is now seeking to move ahead with constitutional appointments through ordinances. The Constitutional Council, which recommends key positions including the Chief Justice, consists of six members: the Prime Minister, Speaker, Chairperson of the National Assembly, Deputy Speaker, Chief Justice, and Leader of the Opposition.
With the Nepali Congress recently appointing Bhishmaraj Angdembe as its parliamentary leader, the Council has now reached full membership. Meanwhile, Acting Chief Justice Sapana Pradhan Malla is considered a likely candidate for the top judicial position, pending a Council recommendation.
Opposition parties, including Nepali Congress and CPN-UML, have objected to the ordinance route, arguing that introducing ordinances while Parliament is in existence contradicts constitutional principles. UML Secretary Mahesh Basnet said that halting Parliament within 24 hours of convening it and opting for ordinances raises serious concerns about democratic practice and the rule of law.
“There appears to be an attempt to push decisions through ordinances despite having a majority in Parliament,” Basnet said, adding that the move could be aimed at appointing a favorable Chief Justice.
The situation has drawn comparisons with former Prime Minister KP Sharma Oli, who frequently relied on ordinances during his tenure. Oli had defended such decisions as necessary to accelerate legal and development processes, even as critics accused him of undermining Parliament.
At the time, leaders now in power had strongly opposed similar actions. Rabi Lamichhane had criticized the use of ordinances, calling it an attack on the mandate of a newly elected Parliament.
“Was it impossible to wait one or two weeks for Parliament to convene?” Lamichhane had questioned then. “This undermines the spirit of the new mandate and encroaches upon parliamentary authority.”
The government’s latest move has once again sparked debate over constitutional norms, separation of powers, and the growing reliance on ordinances in Nepal’s political process.
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