THE attention of public has been diverted to hot political development – the endorsement of the two important ordinances related to the political parties and the Constitutional Council. The other day President Bidya Devi Bhandari authenticated ordinances relating to Political Parties (second amendment) and Constitutional Council (functions, duties, powers and procedures) Ordinance (first amendment) 2077, on recommendation of the Council of Ministers. As soon as the President signed the ordinances into law, the detractors have heavily come down on the government by interpreting the move in negative terms. They have overacted to the normal governance process undertaken by the democratically elected government with a sweeping electoral mandate. The critics have pointed to the timing and motive of the passage of the ordinances but undermined the difficulty faced by the government’s head in pushing through the major political and administrative reforms in the country.

The ordinance issue was hotly debated in the secretariat meeting of the ruling Nepal Communist Party (NCP). Prime Minister KP Sharma Oli spoke on the rationale behind the introduction of the two ordinances. Oli, also the NCP chair, noted that the ordinances aimed to strengthen parliamentary democratic values and timely appointment to and performance of the Constitutional Council. He said: “They seek to establish parliamentary exercise, constitutional values and norms and international practices. They do not target against any party or favour any side.” In his view, the ordinance related to the political parties is guided by the idea of bolstering the rights of parliament and importance of the parliamentarians. The PM made it clear that the new law pertaining to the Constitutional Council seeks to give momentum to the activities of the various constitutional bodies.

The PM’s arguments hold water in view of dysfunctional Constitutional Council that has not got a chair even after more than two years of its formation. As the Council remains incomplete, the entire constitutional process either comes to a halt or does not move properly. The Council is the only apex institution authorised to appoint the heads and office-bearers of various constitutional organs that exercise autonomous powers and rights. Unfortunately, the Council often becomes the victim of indecision. It requires taking decision based on unanimity. But when one member fails to show up in the meeting, it lacks quorum and can’t take any decision. Now the new Act governing the functions and procedures of the Council has allowed its members to make decisions on the basis of majority. It has been an uphill task for the ruling party to hold the Council’s meeting as it had to take the opposition into confidence, meaning the latter’s desire for power-sharing in the constitutional posts has to be fulfilled.

Nepal’s democracy has been plagued by the politics of bhag-banda (divide and share). The political parties in the opposition benches often claim appointment to the lucrative posts which apparently undermine the spirit of democracy and constitution. Under the thin-veneer of constitutional impartiality, they have been habituated to share posts, perks and resources of the state at the expense of broad public interest. In democracy, the popular mandate must be respected and the parties deflated in the election should eschew the tendency to demand posts in higher layers of governance. The present ordinance seeks to overcome this constitutional lacuna that has given rise to partisan and selfish politics.