President consults with deputy, legal eagles on ordinances
President consults with deputy, legal eagles on ordinances
Published: 12:00 am Feb 03, 2009
Kathmandu, February 3:
President Dr Ram Baran Yadav consulted Vice President Paramananda Jha and legal luminaries today on the government’s decision to issue ordinances.
Stating that the President can issue ordinances if he is satisfied with the government’s decision, Vice President Jha advised Dr Yadav to consider the matter only after carefully studying the contents of the ordinances.
“The government can issue an ordinance if there is an urgency to do something at a time when the session of the Parliament is prorogued. This should, however, depend on the content of the ordinance,” Jha told this daily after meeting the President.
“Any ordinance serving the vested interest of certain political party or group cannot be issued,” Jha added.
The President also consulted with Nepal Bar Association president Bishwo Kanta Mainali, senior advocates Sindhu Nath Pyakurel, Badri Bahadur Karki and advocates Shambhu Thapa and Purna Man Shakya on the issue.
Mainali is said to have suggested the President that the head of the state should consider seriously before taking any decision so as to maintain the image of the highest institution of the state.
“I have advised him that the parties can call a special session of the parliament if need be,” he said, adding, “The highest institution should take a neutral role.”
“Since the President has begun consultations, the political parties should be ready to settle the issue,” Mainali opined.
In a separate meeting, Dr Yadav sought advice from senior advocates Sindhu Nath Pyakurel, Badri Bahadur Karki and advocates Shambhu Thapa and Purna Man Shakya.
Thapa advised the President to ask the Prime Minister why the government needed to take this way of promulgating the law, which does not suit in a democracy.
Shakya is learnt to have advised the President that the government cannot set forth a series of ordinances.
“Issuing ordinances should be taken as a part of exceptional rule,” Shakya told the President.
“Since the government has the motive of bypassing the parliament, it is against the principle
of legislation,” Shakya added.
Shakya also advised Dr Yadav that the President and the prime minister should be aware of the precedents to similar cases though the head of the state cannot reject the decision of the elected government.