KATHMANDU, Feb 12: With the Janata Samajbadi Party-Nepal (JSP-N) rejecting the ordinance aimed at amending the Land Related Act—one of the six ordinances recently issued by the President on the government's recommendation—the government has delayed bringing these ordinances to parliament for approval.
Party insiders said the government delayed presenting them in parliament as it struggles to secure the support of JSP-N, whose backing in the National Assembly is crucial for endorsing the ordinances. The failure to pass the ordinances through parliament will put the government in a moral crisis, even though the ruling Nepali Congress (NC) and CPN-UML command an overwhelming majority in the House of Representatives (HoR).
Both the House of Representatives and the National Assembly have postponed their meetings until February 16. An official from the Parliament Secretariat said, "A question-and-answer session with the Prime Minister is scheduled for the February 16 meeting of the House of Representatives. The approval of ordinances will not be discussed."
The Parliament Secretariat will release the schedule for parliamentary meetings up to February 27 on February 15. A source from the Secretariat stated, "It remains uncertain whether the ordinance will be included in the agenda by February 15 as the issue will be addressed by Tuesday."
The source added, "The January schedule has ended and the new schedule for parliamentary meetings on February 16, 17, 18, and 23, 24, 25 will be released on February 15. There are no plans to include the approval of ordinances in the agenda unless political consensus is reached between the parties. It seems unlikely that the ordinance will be included in the agenda before February 27."JSP-Nepal Chairman Upendra Yadav met with Prime Minister KP Sharma Oli and Congress President Sher Bahadur Deuba on February 6. Five days later, he called a parliamentary party meeting on Tuesday and decided to accept ordinances other than the land-related one. Sources say that if the government’s ordinances, believed to conceal its main interests, are rejected, the government may not include any ordinance in the agenda.
The land-related ordinance, which allows the distribution of public land to individuals, has raised concerns about potential misuse. Section 4 of the ordinance amends certain Nepalese laws aimed at improving the economic and business environment and increasing investment. It removes the provision in the Black Market and Other Social Crimes and Penalties Act of 2032 BS that prohibited profits exceeding 20 percent. This change has sparked fears of extreme price hikes in various goods.
The government does not need JSP-Nepal to vote in favor of the ordinances in the House of Representatives, but its three votes in the National Assembly are crucial. On February 6, after meeting with top leaders of the ruling party, JSP-Nepal planned to call a parliamentary party meeting, but the government requested the Speaker to remove all six ordinances from the parliamentary agenda.
According to JSP lawmakers, “JSP intended to make this decision on the 24th, but after the government removed the ordinances from the agenda, JSP has decided not to act.”
Sources say that JSP chose not to support the ordinance because the government failed to address demands, such as granting legitimacy to the split party and addressing issues related to the Chief Minister of the Madhesh Province and the federal government’s participation.
The ruling party is speculated to have given verbal assurances regarding the issues raised by President Yadav. However, after rejecting the land-related ordinance on Tuesday, the question now arises whether the government will proceed with the other five ordinances. Sources suggest that the government may urge agreement on the ordinance by offering modifications in the land-related ordinance replacement bill.
Following the split of the Janata Samajbadi Party-Nepal, Ashok Rai's faction now holds seven seats, while Upendra Yadav's faction is limited to five seats in the House of Representatives. Yadav is deeply concerned about this. He is maneuvering to remove the split faction from the government while positioning himself to rejoin it. Furthermore, sources say that Yadav is also working to render the Janata Samajbadi Party illegal.
On the other hand, he is dissatisfied with the appointment of the Chief Minister from the Janamat Party in Madhesh Province. To address these grievances, he is working to collaborate with the current government, but he insists that his issues must also be resolved.
On January 31, the government presented six ordinances in the House of Representatives and the National Assembly. Among them, the "Economic Procedures and Fiscal Responsibility (First Amendment) Ordinance 2081 BS," which seeks to organize the legal framework for financial procedures and responsibilities, and the ordinance to amend the Land-related Act, are seen as containing the government's main interests.
On the recommendation of the Council of Ministers, President Ramchandra Paudel issued the land-related ordinance on January 15. Before issuing it, President Paudel delayed the ordinance for a few days. However, after Prime Minister KP Sharma Oli committed to correcting certain issues, the President Paudel had issued the ordinance.