Constitution and Legal Framework

Ordinance

An ordinance is a temporary law promulgated by the President on the recommendation of the Council of Ministers when the Federal Parliament is not in a position to legislate and an urgent need arises for immediate action. It has the same force and effect as an Act of Parliament but remains valid only until Parliament approves or rejects it. It is governed by Article 114 of the Constitution of Nepal, 2072.

Process of Issuing an Ordinance

1. Urgent need: A situation arises that requires immediate legislation while the Houses of the Federal Parliament are not in session.
2. Recommendation: The Council of Ministers recommends to the President that an ordinance be promulgated.
3. Promulgation: The President promulgates the ordinance on that recommendation. It then has the force of an Act.
4. Laying before Parliament: The ordinance must be laid before the House of Representatives (or, if that House stands dissolved, the National Assembly) after the session begins.
5. Approval or rejection:
   • If approved by the Parliament, it becomes an Act.
   • If it is disapproved, it ceases to have effect from the date of disapproval.
   • If it is not approved within sixty days from the commencement of the session, it ceases to have effect on expiry of that period.
6. Withdrawal: The President, on the Council of Ministers' recommendation, may withdraw an ordinance at any time.

Limitations

• It cannot be issued while both Houses are in session.
• It cannot be inconsistent with the Constitution, and is void to that extent.
• It cannot be used to amend the Constitution.
• It is only a temporary measure and lapses unless Parliament approves it.

Conclusion

An ordinance is an emergency law-making power of the executive, exercised in the President's name, which bridges the gap between parliamentary sessions. Because it must be approved within sixty days of the session commencing, Parliament retains the final say.