What Happens if Ordinances Are Rejected by the National Assembly?

Concerns have escalated regarding the future of the ordinances introduced by the ruling Rashtriya Swatantra Party with nearly a two-thirds majority, after opposition parties submitted notices to the Federal Parliament stating their intent to reject these ordinances in the National Assembly. The Parliamentary Secretariat confirmed that the Nepali Congress, CPN-UML, Nepali Communist Party, and Rastriya Janamorcha have all filed notifications rejecting various ordinances. Since the Rashtriya Swatantra Party holds no representation in the National Assembly, no response has been obtained from them on this matter. A former parliamentarian and legal expert suggested that rejecting the ordinances and then discussing the remaining proceedings would be the appropriate course of action.

The government introduced a total of eight ordinances, including the Constitutional Council (Work, Duties, Rights, and Procedures First Amendment) Ordinance, amendments to several Nepal Acts, amendments related to university laws, special provisions on the removal of public officials, the Public Procurement (Second Amendment) Act, the Asset Recovery Ordinance, the Cooperative (First Amendment) Ordinance, and an amendment ordinance related to the Health Science Institute. President Ramchandra Paudel has already promulgated these ordinances.

According to Article 114 of the Constitution, ordinances promulgated by the government must be presented to the first session of Parliament convened thereafter and be approved. If a majority rejects an ordinance when it is put to a vote, the ordinance automatically becomes void. Ekram Giri, spokesperson for the Parliamentary Secretariat, stated, “The government may propose acceptance of any ordinance on any day. The relevant minister would need to present the proposal.”

Padmabahadur Pariyar, the Nepali Congress National Assembly spokesperson, expressed objections to the Constitutional Council ordinance, citing the provision that executive powers are transferred to the judiciary. He said, “We will engage in discussions with other parties to reach a consensus or find a workable solution.” Similarly, UML spokesperson Prem Prasad Dangal stated, “Bills are not introduced while Parliament is in session, and we object to the government bypassing parliamentary legislation by directly introducing ordinances.”