Speaker urges government to make laws through Parliament, not ordinances

An ordinance is a legal measure issued through the executive when the government says action is necessary before Parliament considers legislation. In Nepal, the President issues it on the recommendation of the Council of Ministers. It can address urgent governance needs, but it does not pass through the full parliamentary process first.

A law passed by Parliament follows debate in the House. Lawmakers can express their views, while stakeholders and the public can learn about proposed provisions and discuss their possible effects. This process gives legislation broader scrutiny before enactment.

The article reports several recent ordinances, including measures on disasters, forests, land, science, technology, and innovation. The government is also considering ordinances on civil service, banking, press regulation, social policy, and other areas. Speaker DP Aryal says Parliament is ready to debate these matters and believes that route would strengthen confidence in the laws.

The government has introduced nearly half a dozen ordinances since the end of the federal Parliament’s budget session. This shows that ordinances have become a significant part of the government’s current legislative activity while Parliament is between sessions.

The measures already issued concern disasters, forests, and land. Two further ordinances address science, technology, and innovation: one concerns the Nepal Academy of Science, Technology and Innovation, and another covers science, technology, and innovation more broadly. The President issued them on the government’s recommendation.

More ordinances are being discussed. Possible subjects include the Civil Service Act, the Banks and Financial Institutions Act, the Press Council, women, children, gender and sexual minorities, and social security. Ministers say no decision has been made on the Civil Service Act ordinance, even though a related bill is already registered in Parliament.

Speaker DP Aryal wants proposed laws debated in Parliament because legislation affects the public and should not be drafted without public awareness. He says every member of Parliament should have an opportunity to present views, while stakeholders and citizens should understand what is being prepared and how it may affect them.

The key mechanism is parliamentary scrutiny. A bill can be discussed in the House before passage, allowing lawmakers to examine its details and raise concerns. Aryal says this process would create a clearer public record of how laws are made and would give Parliament an active role in shaping them.

Aryal also says debate would help Prime Minister Balendra Shah and his Cabinet, not only limit them. Laws passed after discussion would command greater public and international confidence, he argues. He says Parliament is ready to convene and lawmakers are prepared to sit.

The government and Cabinet initiate the executive route by deciding whether an ordinance is necessary and recommending it. The President then issues the ordinance. The article identifies the Council of Ministers as the body making the recommendation and Ramchandra Paudel as the President who issued recent measures.

The parliamentary route works differently. The government can register a bill, as it has done to amend the Civil Service Act. Parliament then considers the bill, gives lawmakers an opportunity to express views, and debates it before passage. The Speaker helps facilitate this process by convening the House; DP Aryal says Parliament is ready to meet.

These roles create two routes for legislation. The executive can use an ordinance when circumstances warrant it under constitutional authority. Parliament provides debate, scrutiny, and public visibility. The article says the government is considering more ordinances, while Aryal urges it to use Parliament wherever possible.

If a law is issued as an ordinance without broad parliamentary debate, people may have less opportunity to understand, question, or influence it. The article connects this concern to the public’s right to know what laws are being drafted and how those laws may affect citizens and stakeholders.

Parliamentary debate provides the main safeguard described by Aryal. Lawmakers can examine provisions, express different views, and scrutinize the government’s proposal before it becomes law. The process also allows the public and affected groups to see how legislation is developed, rather than learning about it only after an executive decision.

Aryal says laws made through Parliament would command greater public and international confidence. He does not say every ordinance is illegitimate. He acknowledges that the Constitution permits ordinances when necessary, but argues that Parliament should be used whenever possible to strengthen trust in state institutions and the law-making process.

A government might use an ordinance when it believes action is necessary before Parliament can convene and complete the bill process. The article says the Constitution gives the government authority to issue ordinances when necessary for governance. That authority can provide a route for immediate legislative action during a gap between sessions.

The mechanism is executive recommendation followed by presidential issuance. The Council of Ministers recommends an ordinance, and the President issues it. This is faster than waiting for Parliament to meet, debate a bill, and pass it. However, the article does not identify a specific emergency behind each proposed ordinance.

The government is considering ordinances before the next parliamentary session on civil service, banking, the Press Council, and several social-policy areas. A Civil Service Act bill is already registered in Parliament, but ministers say an ordinance remains under discussion. Aryal says the constitutional power should not automatically be opposed.

Separation of powers divides public authority among institutions so one branch does not control every stage of law-making. In this case, the government and Cabinet may propose executive action, while Parliament represents lawmakers and provides debate and scrutiny. The President has a formal role in issuing ordinances on the Cabinet’s recommendation.

Parliamentary scrutiny matters because lawmakers can examine the government’s proposals before they become permanent legislation. They can express different views, and the public and stakeholders can learn about provisions that may affect them. The Speaker’s role is to convene the House and help the legislature perform this function.

The article presents ordinances as constitutionally available but urges restraint in their use. Aryal says Parliament is ready to meet and that laws made through debate would benefit the state, Cabinet, Prime Minister, judiciary, executive, legislature, public, and international community. This supports stronger institutional confidence.