KATHMANDU, Feb 18: The land-related ordinance has unleashed a heated debate regarding whether the ordinance should be endorsed in Parliament. Oppositions parties, including some Madhesh-based parties, particularly the Janata Samajbadi Party-Nepal (JSP-N) and Loktantrik Samajbadi Party (LSP) have opposed it while two major ruling parties, the Nepali Congress (NC) and CPN-UML are gunning for its passage. The parties that oppose the ordinance claim that the ordinance cannot be passed in its current form.
The coalition partners argue that the ordinance's endorsement would enhance public land management, utilization which would stimulate economic growth. Opponents, including JSP-N and LSP, both of whom are partners in the ruling coalition, contend that it would benefit real estate developers, so-called "land mafias," and other strong organizations that have acquired large plots of land. Raj Kishore Yadav, JSP-N’s vice-chair, has remarked that the ordinance disregards the needs of genuinely landless people, notably Dalits and disadvantaged populations who rely on tiny land plots for their subsistence agriculture. These parties, nevertheless, are seeking concessions in return for their votes since they see the crisis as a means of political posturing. That has landed the government coalition, especially the Congress and UML, in a quandary about how to move forward with the legislation with confidence. For the coalition government, failure to get the bill endorsed will embolden opposition parties and highlight its weaknesses, while success in mustering the numbers will demonstrate the government's capability to neutralize political crises.
In the face of the opposition from JSP-N and LSP, the ruling coalition has lacked the majority to pass the ordinance. JSP-N's three votes in the upper house are essential. Should JSP-N reject it, the government and the ordinance will fail, and to overcome this barrier, the ruling coalition is engaged in negotiations, including studying the likelihood of getting JSP-N to abstain from voting. However, JSP-N and LSP are still firm in their objection, terming the ordinance "anti-poor" and even "anti-national." They say that the impact of the said ordinance on poor communities like the Dom, Musahar, and Tharu people, who are living on farming, will be disastrous.Opponents claim that eliminating land access will push these communities further into poverty. Environmentalists also warn that permitting infrastructure development in forests and protected areas might have long-term detrimental implications.
Govt recommends president to issue five ordinances
The government's failure to adopt the ordinance will raise worries about political stability. While constitutional experts say that failing to gain upper-house backing does not immediately jeopardize the government’s existence, it does expose the weakness of the ruling dispensation. Opposition leaders, notably Jhala Nath Khanal, contend that if the coalition cannot win support in the upper house, it loses moral ground to govern. If the Nepali Congress and UML fail to get the ordinance endorsed, they would lose credibility, critics said.
Meanwhile, Upendra Yadav, chair of the JSP-N, who had threatened not to back all six ordinances presented in the upper house, is frequently criticized for his opportunistic politics. Yadav is accused of utilizing his crucial position to negotiate for the chief ministership in Madhesh Province, which is now ruled by CK Raut's Janamat Party.
The government has confronted a difficult deadline. According to constitutional restrictions, the ordinance must be passed within 60 days after its presentation. Failure to do so will lead to its inevitable revocation, humiliating the ruling coalition. The administration had hoped to approve six ordinances during the winter session of parliament, which began on January 31. However, the process has been slowed down by alliance disputes. Since the land-related ordinance remains the most controversial item, the coalition is unable to reach a consensus.
Earlier,the KP Sharma Oli government rushed through six bills related to land, investment, fiscal discipline, privatization, governance, and cooperatives. However, the coalition's ongoing squabbles, particularly over the land ordinance, have delayed the endorsement process.
Although the Nepali Congress and UML support the land legislation, certain coalition members demand modifications to address particular issues. The Democratic Socialist Party (LSP), which has a cabinet seat, together with JSP-N and the Janamat Party, has raised reservations about the ramifications of the ordinance. Given this deadlock, the coalition opted to postpone the land-related ordinance and adopt the other five bills.
The administration's main barrier remains the National Assembly, where it does not have a majority. As a result, the Congress-UML coalition is seeking minor parties for backing while waiting for the JSP and LSP to be persuaded. These parties, however, are demanding concessions in return for their votes since they consider the crisis as an opportunity for political squabbling. That has placed the government coalition, particularly the Congress and UML, in a quandary to move the legislation ahead with confidence. Failure in the attempt will buoy opposition parties and point to weaknesses in the ruling coalition. Success in mustering the numbers will demonstrate the government's ability to defuse political crises. In either case, the land ordinance bill reflects a deep lying unease in the nation's polity.
