‘The Constitution Does Not Grant the President the Authority to Test the Validity of Ordinances’

The government is attempting to implement a 100-point action plan through ordinances by suspending the federal parliamentary session that was convened. President Ramchandra Paudel has issued two ordinances and has begun consultations to withhold two additional ordinances. According to constitutional legal expert Dr. Chandrakant Gyawali, the president’s act of withholding ordinances constitutes a constitutional violation, with the government bearing responsibility for it. Following the suspension of the federal parliamentary session called for Thursday, the government is submitting ordinances systematically at the President’s office by district.

Besides the two ordinances issued by President Ramchandra Paudel, consultations are ongoing regarding two other ordinances that have been withheld. This government approach has drawn criticism in the public sphere, with questions raised about the plan to govern through ordinances. On this matter, constitutional expert Dr. Gyawali stated, “The government can pass any bill through the House of Representatives, but the process is lengthy and may require time.”

The government has introduced a 100-point action plan; however, due to legal complexities, immediate implementation is not possible. Dr. Gyawali explained, “To issue an ordinance, the government must first suspend the convened parliamentary session and then issue the ordinance.” He further added, “The constitution does not grant the president the authority to test the constitutionality of an ordinance.”

For the president to withhold an ordinance is akin to transferring executive authority of the country. Therefore, responsibility for ordinances lies with the government, which is accountable. If questions arise relating to an ordinance, accountability rests with the government, not the president.