Ordinance 2083: The legal framework for Dismissing Nepal’s Public Office-Bearers
Based on the Constitution of Nepal 2072, an ordinance is a temporary law made by the President, based on advice from the Council of Ministers, when urgent action is needed but Parliament is not in session. For a limited time, it has the same power as a law passed by Parliament. Since ordinances and federal Acts have the same legal power, a newer ordinance can change, pause, or cancel parts of an older Act. This follows the established legal principle that newer laws override older ones (Interpretation of Laws Act, 2010 Section 4).
Nepal’s recent removal of more than 1,500 public officials in one executive action has highlighted the legal tool known as the “Ordinance.” This article analyses the statutory and constitutional provisions that permit the government to clear positions in different state bodies without first seeking debate in Parliament.
To understand the legality of mass dismissals, we must distinguish between two categories of public officials:
1. Statutory Appointees (The Target of the 2083 Ordinance)
Most public officials in public/government bodies such as University Vice-Chancellors, heads of the Electricity Authority, or members of the Medical Council are appointed under specific laws enacted by Parliament, like the Education Act or the Nepal Electricity Authority Act.
The government invoked the “Ordinance on Special Provisions related to the termination of Public Office-bearers, 2083” to amend around 110 of these statutes at once. By adding a “notwithstanding clause,” a clause in law that nullifies previous laws of similar nature, the ordinance sets aside the fixed-term protections of holding positions such as a four-year tenure originally provided by these Acts. As the ordinance carries the force of law, it establishes a new legal situation in which these positions become vacant as soon as the ordinance comes into effect.
2. Constitutional Office Holders (The Protected Group)
In contrast, officials whose positions are created directly by the Constitution such as the Chief Justice, the head of the Commission for the Investigation of Abuse of Authority (CIAA), and the Election Commissioners are protected from removal by ordinance.
Affected Institutions and the Structural Framework of Dismissals
The “Ordinance on Special Provisions related to the termination of Public Office-bearers, 2083” includes a detailed Schedule listing 110 Federal Acts. By amending all these Acts at once, the ordinance removed the leadership of about 108 state-affiliated organizations.
According to the ordinance and resulting administrative steps, the structural effects can be grouped as follows:
The Education and Academic Framework
The ordinance creates the largest number of leadership vacancies in the education sector, affecting 544 positions. It mainly targets the “Executive Leadership” and “Senate”(supreme governing body) levels at national universities.
Central and Regional Universities
Automatic vacation of the offices of Vice-Chancellor, Rector, and Registrar across all major institutions, including Tribhuvan University, Kathmandu University, and Purbanchal University.
Regulatory Bodies
Removal of the Chairperson and members of the University Grants Commission (UGC) and the Teachers Service Commission.
Technical Education
Removal of the leadership at the Council for Technical Education and Vocational Training (CTEVT).
The Healthcare and Medical Regulatory Structure
This ordinance vacates about 337 positions in the health sector. The ordinance specifically targets the boards of health academies and the governing councils of medical professionals.
Health Academies
Removal of the Vice-Chancellors and Registrars at Patan, Karnali, and Pokhara Academies of Health Sciences, as well as the National Academy of Medical Sciences (NAMS).
Professional Councils
The entire board of the Nepal Medical Council, Nepal Nursing Council, Pharmacy Council, and the Health Research Council.
Specialized Centres
Removal of the executive leadership at Shahid Gangalal National Heart Disease Centre and BP Koirala Memorial Cancer Hospital.
Infrastructure, Communications, and Public Utilities
The ordinance changes the management of key state infrastructure by removing the heads of state-owned enterprises (SOEs). The Constitution of Nepal (2072) in its Article 243, Clause (6) defines state-owned enterprises as a corporation, company, bank, committee, or any other institution in which the Government of Nepal owns or controls fifty per cent or more of its shares or assets.
Energy and Aviation
Termination of the Managing Director of the Nepal Electricity Authority (NEA) and the Director-General and board members of the Civil Aviation Authority of Nepal (CAAN).
Telecommunications and Media
Removal of the Chairperson and members of the Nepal Telecommunications Authority, Press Council Nepal, and the National Information Commission.
Mass Media SOEs
Removal of the Chairpersons and General Managers of Gorkhapatra Corporation, Nepal Television, and Radio Nepal.
The Financial and Industrial Oversight Framework
The ordinance affects the “Accountability and Market Regulation” level in the financial sector which refers to refers to the category of independent watchdogs that oversee the transparency, fairness, and stability of the financial system.
Regulatory Boards
Automatic removal of the Chairperson and members of the Securities Board of Nepal (SEBON) and the Insurance Authority.
Funds and Trusts
Removal of the leadership at the Employees Provident Fund (Kosh), Citizens Investment Fund (CIT), and Deposit and Credit Guarantee Fund.
Procurement and Labor
Removal of the members of the Public Procurement Review Committee and officials appointed under the Labor Act and Social Security Act.
Strategic Institutional Exclusions (The "Safe" Framework)
To maintain economic stability and constitutional integrity, the ordinance did not apply to:
The Judiciary
Supreme Court and High Court Justices.
Constitutional Organs
Commissioners of the CIAA, Election Commission, and Public Service Commission were not affected.
Major State Banks
The leadership of Nepal Bank Limited, Rastriya Banijya Bank, and Agriculture Development Bank remained in place to avoid disrupting the national banking system.
The Central Bank
The Governor of Nepal Rastra Bank was excluded from the "Schedule of 110 Acts."
Consequences of rejection of ordinance
These are the effects that this ordinance brought within the structure of the institutional framework of Nepal. So, the question now being, what happens if the ordinance isn’t passed by the parliament of Nepal? What happens to those people who lost their jobs because of this ordinance?
Article 114 of the Constitution of Nepal says that an ordinance is a temporary law. Parliament must approve the ordinance for it to stay in effect. If the House of Representatives or the National Assembly rejects the ordinance, or if Parliament does not pass it within 60 days of starting its session, the ordinance stops working. When this happens, the law ends, and the old laws that existed before the ordinance come back into force. This rule makes sure that the government cannot use those temporary powers anymore once Parliament has withdrawn support or the deadline has passed.
However, ending an ordinance does not automatically reverse actions that took place while it was in force. If someone lost their job because of the ordinance, they do not get their job back automatically. If that person wants to challenge the dismissal, they must file a Writ Petition in the Supreme Court (Article 133) or High Court (Article 144) of the Constitution. The court will then review the case and decide if the dismissal was lawful. Getting the job back requires a court decision, not just the end of the ordinance.
Conclusion
The removal of public office holders through the Ordinance on Special Provisions, 2083, is a key example of delegated legislative power under Nepal’s Constitution. Through this ordinance, the executive branch effectively reset 110 different federal statutes at once, showing the influence of an ordinance for immediate structural changes.
