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VOL. 28, NO. 21, Feb 05, 2009 (Magh 23 2065 B.S.)
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Undermining Legislature
Whenever the leader of government feels crisis, they try to rule under proxy or through ordinance. By announcing three ordinances, prime minister Prachanda follows similar course
By Keshab Poudel
Whenever the government feels threat for its survival, it takes all populist decisions through short cut ways. To prove that the government is strong and stable, all the governments transfer civil servants of various levels creating panic among civil servants and issue ordinances.
This is the political trend of the country for last five decades. Whether during the dissolved Panchayat or parliamentary democracy or these three years of Loktantrik (hybrid democratic) period, the first victims of the change remains civil service and civil servants.
After the Janandolan II, the new government transferred number of civil servants from one ministry to another suspecting their political affiliation. The government even removed the chief secretary and appointed new one. Similarly, the government tabled numbers of bill to make the earlier ordinance ineffective.
As the main opposition party and ruling coalition partners started to oppose the government, prime minister Prachanda, as all his predecessors, jumped in the trend followed in the past. Hoping to make the administration more effective, prime minister Pushpa Kamal Dahal transferred some secretaries and some civil servants. Issuing three ordinances, prime minister Prachanda completed his second ritual.
Instead of giving any popular support, these two temporary steps make prime minister Dahal most unpopular among political parties.
Although the life of ordinance is just over six months and it is subject to parliamentary ratification, it does not make any difference to Maoist-led party government which announced three ordinances.
The three ordinances include Special Economic Zone, Constitution of Investment Board and highly controversial ordinance related to Disappearance Investigation Commission Ordinance. According to the government sources, there are six more ordinances in the offing.
Upon the recommendation of prime minister, president Dr. Ram Baran Yadav prorogued the budget session of Legislative Parliament on January 16. During five months long budget session, the government failed to table any bill. But days after the session ended, the government came up with the ordinances.
According to Interim Constitution, the government can issue ordinances when there is no session of Legislative Parliament. However, the government did not table any bill when the parliament was in session and announced the ordinance later.
"Maoists want to escape from parliamentary procedure. Otherwise, there is no reason to bring such normal acts through ordinance," said CPN-UML leader and member of Constituent Assembly Surendra Pandey. "I don't see any rationale behind bringing these three ordinances, which are neither serious nor urgent in nature."
However, CPN-UML is also partner of coalition government and the party is leading four important portfolios like Home, Local Development, Water Resources and Ministry of Forest and Soil Conservation.
Since the winter session of legislative parliament will commence within a month, nobody understands the logic behind announcing three ordinances at this time of juncture. "Since the bill regarding the disappearances is very sensitive bill which require wide ranging and intensive discussion, bringing it through ordinance makes the situation much complicated," said member of CA Pandey.
Similarly, main opposition party Nepali Congress termed the recent decision of Maoist government a step towards authoritarian rule. "If CPN-Maoist government does not revoke the ordinances, we will launch agitation," said Laxman Prasad Ghimire, chief whip of Nepali Congress. "This is the violation of basic principle of parliamentary democracy."
Even leaders of coalition partner Madheshi Janadhikar Forum opposed the ordinance. "The ordinance was announced without consulting us. It is not acceptable to us, "said chief whip of MJF Ram Janam Chaudhari. "Nobody has right to undermine the importance of sovereign body like parliament."
If the last one week of government's action like prime minister's address to nation, issuance of ordinances and transfer of civil servants are any indication, it shows there is something cooking to destabilize the government
