President Bidya Devi Bhandari, on the recommendation of the Council of Ministers, Wednesday issued an ordinance to amend the Political Parties Act, 2017. The ordinance is in line with Article 114 (1) of the Constitution of Nepal, 2015. No sooner had the President endorsed the ordinance than the main opposition CPN-UML and the Janata Samajbadi Party (JSP) split. Disgruntled UML senior leader Madhav Kumar Nepal and other leaders close to him have submitted an application for registering a new party called ‘CPN-UML (Socialist)’ at the Election Commission (EC) while the JSP’s ousted chair Mahantha Thakur and his supporters have applied for forming the ‘Janata Samajbadi Party, Nepal (Democratic)’. The ordinance that was recommended by the cabinet meeting on Tuesday has paved the way for formally dividing these parties. As per the provision of the ordinance, a political party can be divided if its 20 per cent of the central committee members or the parliamentary party members want to do so. Earlier, at least 40 per cent of the members were required to split the mother party.

Some political parties, including the KP Sharma Oli-led faction of the UML, have vehemently objected to the new ordinance. They have criticised the government for introducing such an ordinance by proroguing the parliament sessions. But it may be recalled here that during his premiership, Oli had also tried to introduce similar law through ordinance in April 2020. He had to withdraw it in the wake of protests staged by the leaders of his own party, Nepali Congress and other political forces. However, the constitution allows the government to bring necessary ordinances when the parliament is not in session. In fact, the UML’s Nepal-Khanal faction was facing an existential crisis due to deepening differences with Oli. Former JSP chairman Thakur and his aides were also going through similar predicament. UML chair and Parliamentary Party leader Oli expelled leader Nepal and other rebellious central committee members and party lawmakers as soon as the government recommended the ordinance for the approval.

The UML’s Nepal-faction had played a decisive role in ousting the Oli-led government as the latter violated the constitutional provisions. He not only dissolved the House of Representatives for two times but also appointed office-bearers of the constitutional bodies and ambassadors without following the constitution. Relations between Oli and Nepal had started getting worse from bad since the former dissolved the parliament for the first time in December last year. After the House was dissolved for the second time in May this year, Nepal joined forces with the opposition alliance that included the Nepali Congress, CPN- Maoist Centre, JSP and Rastriya Janamorcha Nepal. After the reinstatement of the House by the Supreme Court in July, the Nepal faction supported NC president Sher Bahadur Deuba to form the new government despite facing Oli’s action.

The new ordinance has provisions for the elected people’s representatives at the federal, provincial and local levels to choose either the mother party or the new one within 21 days of its issuance. So, the ordinance is expected to help establish political stability by giving continuity to the present coalition government and running the parliament for its full term. This will be instrumental in implementing the federal republican constitution and institutionalising the gains achieved through people’s power.