The government has issued an ordinance to amend the Cooperative Act amidst criticism for delaying the parliamentary session. President Ram Chandra Paudel, upon the recommendation of the Cabinet, promulgated the “Ordinance to Amend Certain Nepal Acts Related to Cooperatives, 2081” on Sunday.
The ordinance includes a provision to establish the National Cooperative Regulatory Authority for overseeing cooperatives. Critics argue that the government could have introduced this legislation through a regular parliamentary session or expedited the process using a fast-track mechanism. However, instead of convening a regular session, the government opted for an ordinance.
Sunita Baral, Whip of the CPN-UML, acknowledged that a parliamentary session should have been called but defended the ordinance, citing procedural delays. “While we could have introduced the bill through a session, resolving pressing cooperative issues required immediate action. Delays could have caused further complications,” she explained.
In contrast, Rupa Sosi Chaudhary, Whip of the opposition CPN (Maoist Centre), criticised the government’s approach, describing ordinances as a “constitutional shortcut” to lawmaking. “This undermines parliamentary accountability,” she stated. According to Chaudhary, the government’s preference for ordinances over convening the House reflects a lack of commitment to parliamentary responsibility.
Delay in calling the winter session
The monsoon session of the Federal Parliament ended on September 16. Historically, the winter session is convened by mid-December, but this year, it has been delayed. Parliamentary officials admitted the delay, noting that the session’s announcement depends on a Cabinet decision, which is still pending.
A Cabinet minister revealed that discussions are ongoing, with the session likely to be convened between late January and early February. Prime Minister KP Sharma Oli has reportedly consulted Speaker Devraj Ghimire regarding the matter.
The Constitution mandates that no more than six months can elapse between two sessions of Parliament. Article 93 of the Constitution requires the President to convene a session on the government’s recommendation, ensuring legislative continuity.
Opposition’s silence and constitutional implications
Critics argue that the opposition has failed to effectively demand a parliamentary session. The opposition parties, including the Maoist Centre, Rastriya Swatantra Party (RSP), and Rastriya Prajatantra Party (RPP), could have leveraged their constitutional right to request a session. Article 93(3) allows one-fourth of the members of the House of Representatives to demand a session.
Despite earlier statements from Maoist Centre Chair Pushpa Kamal Dahal about seeking a special session, no concrete actions followed. RSP lawmaker Ganesh Parajuli expressed frustration, stating, “We’ve raised concerns about the delay, but the government hasn’t responded.” He accused the government of prioritising political vendettas over parliamentary accountability.
Governance and legislative impact
Constitutional expert Khimlal Devkota criticised the government for delaying the winter session, citing its impact on lawmaking and governance. “Several critical bills are stalled in Parliament. Without timely sessions, how will these laws be enacted?” he questioned.
Devkota compared Nepal’s legislative practice with India’s, where three sessions—winter, summer, and budget—are held annually. “In Nepal, even with two sessions, the government stretches the six-month limit unnecessarily, which is highly problematic,” he said.
The delay also affects the government’s accountability. Devkota highlighted that the Parliament serves as a platform for raising public concerns, adding, “Without sessions, issues like the Prime Minister’s recent China visit and upcoming India trip remain unaddressed, leaving citizens uninformed.”
As preparations for the winter session continue, questions remain about whether the legislative agenda will be prioritised. The previous year saw pre-budget discussions begin three months ahead of schedule, but such efficiency appears uncertain this time.
Conclusion
The delay in convening the winter session, coupled with the issuance of an ordinance, has drawn widespread criticism. While the government cites urgency, experts and opposition leaders view the move as undermining parliamentary processes and accountability. Whether the upcoming session will address these concerns remains to be seen.
