Supreme Court Questions Validity of Budget Introduced Through Ordinance

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Supreme Court Questions Validity of Budget Introduced Through Ordinance

July 14: 
The Supreme Court has also raised a question on the budget presented by KP Sharma Oli-led government for the upcoming fiscal year 2021/22 through an ordinance.
In its ‘landmark’ verdict issued on Monday, the Constitutional Bench of the Supreme Court not only reinstated the House of Representatives, but also said that it was not appropriate to present the estimate of expenditure and revenue through ordinance after the dissolution of the House.

The verdict issued by the SC reads that the caretaker government is allowed only to make provisions for mandatory government expenses rather than announcing plans and programs that have long-term implications.

Presenting the budget through ordinance without being endorsed through the parliament, the government has promoted a practice that goes against the parliamentary norms, according to the verdict. 

"If such non-parliamentary practices are continued, they undermine various provisions in the constitution and promote arbitrary behaviour. The dissolution of the House of Representatives only a week before the date meant for the unveiling of the budget program is perceived as a betrayal against the implementation of constitutional provision set by Article 119 (3) of the Constitution of Nepal," reads SC ruling.
Bhimarjun Acharya, a constitutional expert says that the government can bring the budget again through the parliament as the SC has questioned the validity of the budget brought through ordinance. He said that it was wrong  on the part of the government to dissolve the parliament abruptly and bring the budget through an ordinance. According to him, the new government can bring the budget from the parliament as the new fiscal year has not started yet.
 

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