With the reinstatement of the House of Representatives (HoR) last July, Nepal’s constitutional process was brought back on track. The Supreme Court had invalidated the HoR dissolution calling it unconstitutional. The judicial activism has amply highlighted the importance of parliament to ensure stability, development and good governance. Considered as one of the pillars of democracy, the parliament articulates concerns of common public. A functional parliament is the key to the sustenance of federal democratic republic as envisaged by the constitution. The parliament does not only form the new government but also directs it for the effective delivery of goods and services. It formulates necessary laws, discusses and endorses government’s annual policy, programme and budget, supervises the government’s performance and checks and balances it.
Being the first parliament elected after the promulgation of the national charter in 2015, it has humongous challenges of consolidating the new political set-up. In its initial years, the federal parliament framed significant laws related to the fundamental rights of citizens. But it has been unable to enact the vital laws owing to the continuous disruption in its business. Nearly four years passed since the formation of this federal parliament but it has fallen short of public expectations. Federal, secular and republican order demands a legal revamp but the parliament is behind schedule in approving the Bills that oil the wheels of the new federal system. Delays in creating necessary mechanism and institutions will have negative repercussions on the inclusive democratic polity.
According to a news report published in this daily on Sunday, around 57 important bills are pending in the parliament. Some of them were widely debated while others failed to move ahead owing to dispute over their content. Some Bills are awaiting for their approval. As the parliament has not been allowed to run smoothly, the fate of these Bills has been thrown into limbo. The reinstated parliament only appointed the new Prime Minister and approved the supplement budget amidst the obstructions. It has not so far passed any Bill. Earlier the Oli government did not give business to the House as his government came into conflict with it although his party, CPN-UML, commanded the largest number of seats. After the parliament was restored, the UML as the main opposition continued to obstruct the House proceedings, demanding that the Speaker sack its expelled lawmakers from their posts. The conflict between the government and opposition has caused a deadlock in the parliament, which was prorogued on November 2.
The President has summoned the winter session of the federal parliament from Tuesday but the opposition UML is not in a mood to allow it run smoothly. Around 44 draft Bills are under consideration in the Lower House and 13 in the National Assembly. Almost 15 draft Bills were registered in the secretariat and distributed among the lawmakers. Various subject committees have to approve 11 draft Bills before tabling them in the House meeting. There has been much delay in approving the Bills related to Special Service Act, Citizenship Act (1st Amendment), Public Service Commission Act, Nepal Army (1st Amendment) Act and Media Council Act. Similarly, draft Bills on Federal Civil Service, Jail, Drinking Water and Sanitation and Public Procurement (2nd Amendment) are also under consideration. Provinces and local units also rely on federal parliament to issue vital legislations. Delay in passing the Bills hampers the process of decentralisation of powers, resources and rights. Therefore, the government and the opposition should reach a consensus to end the impasse in the House.
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