Note of Chapters:8 The legislature: (exam perspective).
(Part 8, Article 83 to Article 108):
Composition of the parliament.
Federal legislature consists of two houses: Article 83
- House of representatives
- National Assembly.
Composition of house of representative (Article 84):
- HOR consist of 275 members.
- 165 members elected through FPTP electoral system.
- 110 members elected through proportional electoral system.
Term of HOR (Article 85):
- Unless dissolved earlier, the term of the House of Representatives shall be five years.
- In case of state of emergency, term of HOR can be extended not exceeding one year.
Composition of national assembly; (Article 86)
- National Assembly shall be a permanent house.
- NA consist of 59 members.
- 56 elected from each state as total by electoral college.
- Remaining 3 members nominated by president on recommendation of government of Nepal.
B. Function of parliament with focus:
- Law making power.
- Amendment of the constitution
- Ratification, accession, acceptance or approval of treaties or agreement. (Article 279).
- Power to make treaties (Article 271).
- Elect the head of government.
- Pass impeachment to head of state (Article 101).
- Raise the contemporary issue in house.
- To check and balance the executive and judiciary.
- Vote of confidence and no confidence (Article 100).
- Function to protect, preserve the essence of constitution.
C. Privileges of parliament:
Article 103: Privileges, (of federal parliament):
- Freedom of speech is guaranteed in both Houses of the Federal Parliament, and members cannot be arrested, detained, or prosecuted for their speech or votes in the House.
- Each House of the Federal Parliament has the authority to regulate its internal affairs and determine the regularity of its proceedings without interference from courts.
- No comments can be made questioning the good faith of parliamentary proceedings, and intentional distortion or misinterpretation of members' speeches in publications or broadcasts is prohibited.
- The same privileges regarding speech and publication apply to individuals participating in House meetings besides members of the Federal Parliament.
- No legal action can be taken against anyone for publishing documents, reports, votes, or proceedings authorized by any House of the Federal Parliament.
- Members of the Federal Parliament cannot be arrested from the issuance of a session summons to its prorogation, except under federal law for criminal charges, in which case, the arresting authority must inform the presiding officer of the relevant House.
- Breach of parliamentary privileges is considered contempt of the Federal Parliament, and the concerned House has the exclusive authority to determine if a privilege has been breached.
- If someone is found in contempt of a House, the presiding officer may, upon the House's decision, admonish, warn, or impose imprisonment for up to three months or a fine not exceeding ten thousand rupees, recoverable as a government due.
Article 187: Privileges of state Assembly.
Article 223: Privileges of local Assembly.
AV Dicey said that freedom of discussion in the parliament is the “very soul of parliamentary government”
Hilaire Barnett said that “parliamentary privilege is a legal power in respect of which the courts will be cautious in accepting jurisdiction to regulate.”
D. Role of oppositions in Nepal:
The opposition should constantly check government with the constitutional and existing law whether the government is acting within constitution or not.
Opposition should be in constructive meaning that they shall help government to bring new ideas.
Opposition should constantly represent people and their mandate in parliament.
Some important roles of opposition are:
- To critic and question government positively.
- To participate in debate and discussion.
- To bring bills if required.
- To make government conscious of raising voice in country.
- To serve notice and address them in the parliament.
- To follow parliamentary rules and regulations.
- Help to form government and participate in vote of confidence.
- To address demand and interest of electors.
- To question on national and international matters.
E. legislative and financial procedure in the parliament. (In Nepal)
Procedures for Introduction of Bills: (Article 110 of constitution of Nepal).
Bills can be introduced in any House of the Federal Parliament, but Money Bills must be introduced solely in the House of Representatives.
Money Bills and Bills concerning security bodies like the Nepal Army, Nepal Police, and Armed Police Force must be introduced as Government Bills.
A Money Bill encompasses matters related to taxes, the Federal Consolidated Fund, borrowing and financial obligations of the government, revenue custody and investment, or other directly related subjects. However, Bills including charges, fees, fines, or penalties won't be automatically deemed Money Bills. The Speaker's decision on whether a Bill qualifies as a Money Bill is final.
Procedures for Passage of Bills: (Article 111 of Constitution of Nepal 2072.)
- A Bill passed by one House is sent to the other House promptly. If approved by the receiving House, it's presented to the President for assent.
- Money Bills passed by the House of Representatives go to the National Assembly. Within 15 days, the National Assembly reviews it and returns it with suggestions.
- The House of Representatives, after considering suggestions, presents the Bill incorporating suitable changes to the President for assent.
- If the National Assembly delays returning a Money Bill for over 15 days, the House of Representatives can present it to the President.
- Any Bill, except Money Bills, sent from the House of Representatives to the National Assembly should be responded to within two months. If not, the House of Representatives can present it to the President.
- If one House rejects or amends a Bill passed by the other, it goes back to the originating House.
- If the House of Representatives re-passes a Bill rejected or amended by the National Assembly, it's presented to the President if passed by a majority.
- If the National Assembly re-passes a Bill with amendments from the House of Representatives, it's presented to the President if passed by a majority.
- Bills rejected by one House but passed by the other or those returned with unresolved amendments go to a joint sitting for resolution.
- Bill discussions continue in the next session if the current one ends, except if the House of Representatives dissolves or its term ends, in which case Bills lapse.
Federal financial procedure: (Article 115-125)
Taxes can only be levied and collected as per the law.
Loans can only be raised, and guarantees can only be provided by the Government of Nepal as stipulated in Federal law.
All revenues received by the Government of Nepal, except for Guthi trusts, loans secured by revenues, loan repayments authorized by law, and other government receipts, shall be credited to a fund called the Federal Consolidated Fund, unless specified otherwise by Federal law. Article 116.
(Article 117) Money from Federal funds can only be spent on:
- Fixed expenses already allocated.
- Expenses outlined in a federal budget law.
- Emergency funds approved by a specific law.
- Extraordinary situations detailed in a special law. However, rules for the Federal Contingency Fund are covered separately in Article 124.
Estimates of Revenues and Expenditures: Article 119.
The Minister of Finance must present to both Houses of Parliament annually, for each financial year;
- Estimates of revenues expected.
- Amounts needed for the Federal Consolidated Fund.
- Funds required for expenses specified in the Federal Budget Law.
- This presentation also includes a report on the previous year's expenses for each Ministry and whether their goals were achieved.
- The Minister of Finance is required to present these estimates to Parliament by May 15th each year.
Appropriation Act: Article 120
The moneys to be spent under an Appropriation Act shall be specified under concerned heads in an Appropriation Bill.
The Finance Minister of Nepal can present a supplementary estimate to the House of Representatives if, during any financial year: (Article 121).
- The allocated funds for a particular service by the Appropriation Act are insufficient.
- New expenditures are required for services not covered by the Appropriation Act.
- Actual expenditures exceed the authorized amount in the Appropriation Act.
- The supplementary estimate must detail the additional sums needed under relevant categories in a Supplementary Appropriation Bill.
Votes on account: Article 122
Despite other provisions, a portion of the estimated expenditure for the financial year can be spent in advance while the Appropriation Bill is under consideration, as outlined in the Federal Act.
A Vote on Account Bill can only be introduced after the revenue and expenditure estimates are presented as per Article 119, and the sums in the Vote on Account must not exceed one-third of the annual expenditure estimate.
Expenditures made under the Federal Vote on Account Act must be included in the Appropriation Bill.
Votes of Credit: Article 123.
In an emergency due to natural causes, external aggression, internal disturbances, or other reasons, if specifying details under Article 119 is impractical or against national security or interest, the finance minister can present a Vote of Credit Bill with only a statement of expenditures.
Federal Contingency Fund: Article 124
- A Federal Act can establish a contingency fund, with amounts determined by the Act, to be paid into it periodically.
- The Government of Nepal controls this fund and can use it for unforeseen expenditures.
- Expenditures from the fund must be reimbursed as soon as possible as specified in the Federal Act.
Act Relating to Financial Procedures: Article125.
The transfer of appropriated funds from one head to another and other financial procedures are governed by the Federal Act.
F. Type and role of the committees in the parliament of Nepal.
Article 97(1): House of Representative and National Assembly may form committee as provided in federal law.
Article 97(2): Either house can ask for joint committee of both house for purpose of any specific function, the Joint Committee shall be formed.
Joint committee consists of up to maximum of 25 members in ratio of 5:1, House of Representatives: national assembly (HOR:NA).
New regulation: Joint meeting and joint committee of federal parliament (operational regulation, 2080).
There are altogether 16 thematic committee in the federal parliament.
Thematic committee in HOR are:
- Finance
- Internal regulations
- Industry, commerce, labor and consumer interest.
- Law, justice and human rights.
- Agriculture, cooperative and natural resources.
- Women and social.
- State Affairs.
- Development and technology.
- Education and health.
- Public Account.
In, National Assembly:
- Sustainable development and good governance.
- Legislative management.
- Delegated legislation and government assurances.
National Interest and coordination among members.
Joint:
- Parliamentary hearing
- State direction, principal rules and responsibility.
Prepared and Edited By: Manish Rajak & Madhu Dahal
