Kathmandu, June 11: The Supreme Court’s interpretation of the interim order not to implement the Citizenship (First Amendment) Ordinance on Thursday seems to curb the government’s tendency to try to rule by the ordinance.

The Constitutional bench has put forward arguments such as to ban the ordinance, which is not limited to the Citizenship Ordinance but has also questioned the legitimacy of many ordinances introduced by the government led by Prime Minister KP Sharma Oli in the last three years.

A bench of Chief Justice Cholendra Shamsher Rana, Justices Deepak Kumar Karki, Meera Khadka, Harikrishna Karki and Ishwar Prasad Khatiwada on Thursday ruled that the ordinance would interfere with the rights of the parliament.

The Supreme Court has also harshly commented on the tendency to bring ordinances by deceiving the parliament. Calling such a trend ‘colorable legislation’, he said such ordinances could not get constitutional legitimacy. This order has raised questions about the legitimacy of about 15 ordinances issued by the government several times after the dissolution of the parliament on December 20 last year.

Senior Advocate Borna Bahadur Karki, who has filed a writ petition against the Citizenship Ordinance, said, “The Supreme Court’s order has shown that the executive cannot enter the jurisdiction of the parliament.” “The executive is not allowed to enter the jurisdiction of the parliament. Besides, the parliament cannot be dissolved and ruled by bringing an ordinance according to its own interests,” he said.

He said that there is a possibility of halting the implementation of other ordinances if a writ is filed against them.

Ordinances brought by the government in 2077 BS

1. Ordinance on Health Workers and Health Institutions (First Amendment) Ordinance, 2078 BS
2. Financial Ordinance, 2078
3. Appropriation Ordinance, 2078
4. National Debt Raising Ordinance, 2078
5. Nepal Citizenship (First Amendment), Ordinance 2078
6. Oath Ordinance, 2078
7. COVID-19 Crisis Management Ordinance, 2078
8. Railway Ordinance, 2078
9. Ordinance to amend some acts against sexual violence, 2078
10. Ordinance to amend some acts related to criminal offenses and criminal procedure, 2078
11. Medicine (Third Amendment) Ordinance, 2078
12. Constitutional Council (Work, Duties, Rights and Procedures) Ordinance (First Amendment) Ordinance, 2078 BS

13. Social Security (First Amendment) Ordinance, 2078
14. Nepal Police and State Police (Operation, Supervision and Coordination) (First Amendment) Ordinance, 2078 BS
15. Acid and Other Hazardous Chemicals (Regulation) Ordinance, 2078