The winter session of Parliament convened on January 31, 2025 (Magh 18, 2081 BS), and more than four weeks have passed since then. On the first day of the session, six ordinances were scheduled to be presented. While the ruling coalition holds a two-thirds majority in the House of Representatives, it lacks even a simple majority in the National Assembly. To pass ordinances in the National Assembly, the ruling coalition needed the support of Upendra Yadav’s Janata Samajbadi Party. The Nepali Congress and CPN-UML collectively have 26 members in the National Assembly. With the addition of two independent members and one member from Mahanta Thakur’s party, the total in favour of the ordinances would be 29. However, 30 votes are required for a majority, making the support of Upendra Yadav’s party crucial for the government.

Yadav’s party had previously supported the current government’s formation and backed the ruling coalition’s candidates in the National Assembly’s parliamentary committee elections. For instance, in the Legislative Management Committee election, the Janata Samajbadi Party supported Tulasha Kumari Dahal of CPN-UML, ensuring her victory. Had Yadav’s party backed the opposition candidate, Jayanti Devi Rai of the Unified Socialist Party of Madhav Nepal, she would have been elected instead. Rai had chaired the committee for two years, as parliamentary committees in the National Assembly hold elections biennially.

The government was confident that Yadav’s party would support the ordinances, ensuring their passage through the National Assembly. However, two weeks into the session, Yadav declared that his party would not support the land-related ordinance. Following Yadav’s public stance, Mahanta Thakur, a member of the ruling coalition, also refused to support the ordinance. Although Thakur’s role is notable, Yadav’s party is more influential. Thakur’s party holds just one seat in the National Assembly, making his stance less impactful on the overall equation.

According to the constitution, Parliament must approve ordinances within two months; otherwise, they become void. So far, the ordinances have not been presented in the parliamentary session. Still, the government continues to assert that they will pass through the National Assembly. The delay of over four weeks in moving the ordinances forward is primarily due to the lack of a ruling majority in the National Assembly. This situation highlights the strength of the National Assembly in the legislative process. A majority in both houses of Parliament is required to pass laws, while constitutional amendments require a two-thirds majority from both houses.

With the likelihood of the ordinances failing in the National Assembly, the Nepali Congress held a meeting with its office bearers on February 14 and decided to seek support from the Unified Socialist Party. Reports suggest that the ruling coalition pressured the Socialist Party, implying that it must either support the ordinance or risk internal division. There are reports that the government is attempting to influence smaller parties’ National Assembly members to pass the ordinance. If this is true, it would severely damage Nepal’s democratic and parliamentary system. This strategy is not an easy option, as smaller party members in the National Assembly remain united and are unwilling to be swayed by inducements. Reports suggest that rumours about a bill to ease party splits are currently being used to intimidate smaller parties, including the Socialist Party.

Role of National Assembly

Many people question the National Assembly’s necessity, especially considering its members’ limited role and influence. Rastriya Prajatantra Party (RPP) lawmaker Gyanendra Shahi has openly criticised the National Assembly, questioning its relevance. RPP Chairman Rajendra Lingden has also advocated for its abolition, a position he expressed in the House of Representatives two years ago. Even National Assembly nominee Bam Dev Gautam stated that if the National Assembly remains as it is, its existence is unnecessary. However, the National Assembly safeguards the country, especially during legal or governance crises.

Since National Assembly members are elected by provincial assembly members, local government heads and deputy heads, it is often called the “Elected through the elected Representatives.” So, the National Assembly should speak on ensuring the rights of the subnational governments. When I was a task force team member in revising the National Assembly Regulation, I proposed ‘Province Affairs Time,’ similar to a zero hour and special hour time, for members to speak on provincial and local issues during that time. As informed by National Assembly secretary Dr Surendra Aryal and joint secretary Sita Kafle, this has been effective. During my tenure, I also led a resolution to ensure the rights of the subnational level, which was unanimously approved by the assembly.

Parliament provides for the government and enacts laws. It also elects the President and Vice President and holds the authority to impeach them. Parliament approves the annual budget, amends the constitution, imposes states of emergency, conducts referendums and ratifies treaties and agreements. It also conducts parliamentary hearings for appointments of the Chief Justice, Supreme Court justices, Judicial Council members and ambassadors.

Despite having a broad scope of authority, the National Assembly is excluded from key roles such as forming the government and initiating impeachment proceedings. Its members are not eligible to become Prime Minister, which might be why Bam Dev Gautam questioned its necessity. The constitution has made the National Assembly weaker than the House of Representatives in most aspects. However, it has granted equal footing only in the matter of ordinances and constitutional amendments.

The structure of Parliament is such that it is highly unlikely for any single party to secure a majority in both the House of Representatives and the National Assembly. Even if a party manages to secure a majority in the House of Representatives, obtaining a majority in the National Assembly is nearly impossible. National Assembly members are elected from the provincial and local levels, so it is structurally difficult for any single party to dominate. If elections for both houses were held simultaneously, such a possibility might exist. However, since one-third of National Assembly members retire and are replaced every two years, the chance of a single party securing a majority remains extremely low.

At times, with overwhelming public support, a political party might secure a majority or even a two-thirds majority in the House of Representatives. Such a situation could lead the Prime Minister, when driven by arrogance and overconfidence, to dissolve the House of Representatives under various pretexts or even impose a state of emergency, paving the way for authoritarian rule. In the absence of the House of Representatives, any state of emergency declared by the Prime Minister must be approved by a two-thirds majority of the National Assembly in 30 days. If the National Assembly refuses to approve it, the state of emergency becomes ineffective and ceases to exist. During a state of emergency, fundamental rights may also be suspended. The National Assembly, therefore, plays a crucial role in preventing the country from slipping into dictatorship and authoritarian rule by rejecting unwarranted emergency declarations. Therefore, we must preserve and strengthen the National Assembly, upholding its dignity in the parliamentary system.

Since the National Assembly is unlikely to approve the ordinances, the government has decided to table ordinances excluding the land-related ordinance in Parliament, with the House of Representatives on Wednesday and the National Assembly on Thursday. This incident also reaffirms the strength and authority of the National Assembly. However, the issue of an ordinance is not a significant concern. The government may manipulate the process, influence lawmakers from smaller parties, or even break political parties to get it passed. However, no one should ever think that they can dissolve the House of Representatives during a severe national crisis and push for the approval of a state of emergency through the National Assembly in a way that obstructs the rule of law. The National Assembly stands as a pillar of democracy, ensuring that the country remains on the path of constitutional governance and accountability.