ROLE OF LEGISLATURE IN LAW MAKING PROCESS IN NEPAL

A seminar paper Submitted to

The Central Department of Law,

Nepal Law Campus

Tribhuvan University

For the Fulfillment of the Partial Requirements for

Masters in Law (LL.M.)

Presented by

Madan Prasad Pokhrel
LLM (3 Years)
Roll No. 5/072
TU Registration No.: 6-2-14-1345-99

Date: May 23, 2016

i

Preface

It is in the very general concept for every member of democratic society that law is
made by legislature however; they may unknown about the process. This paper aims to
analyze the procedure and role of legislature and find out whether eour legislature is
practicing its law making function effectively or not? In this sense, it is significant for them who
are intending to know the legislative process of law making.

In parliamentary government system, the executive is a part of legislature itself. They
shared law-making role with each other. Being representatives of people, legislature practices
autonomy and makes executive branch accountable. However, it seems that those concepts
are limited within theory; legislature is being a place of breaking and making the government
rather than forming law, oversight the functions of executive and taking them towards the
people’s voice.

This seminar paper lights up the process and law-making role of the Legislature-
Parliament of Nepal as described in the Constitution of Nepal, the Constituent Assembly
(Conduct of Business of Legislature-Parliament) Rules, 2014 and found in parliamentary
traditions with conclusions and suggestions.

Madan Prasad Pokhrel

LLM 1st year

2016

ii

Acknowledgements

This seminar paper leaves me indebted to my respected teachers specially, Associate
Professor of Law, Dr. Bal Bahadur Mukhiya who provided me advices, guidance and
encouragement. The knowledge I received from our teachers in the class has been the main
source of inspiration that brought me to make this paper. It would never have been
accomplished without their contributions.

I am highly grateful to secretary-general of the Legislature-Parliament Mr. Manohar Prasad
Bhattarai who provided me the opportunity to join the LLM degree. My sincere appreciation
also goes to my seniors, colleagues and staffs who are supporting me, without their support
I would not get enough time to complete it. My sincerest thank to Dr. Bharat Raj Gautam, Dr
Rabi Sharma and Mr. Bishnu kaji Thapa for their steady encouragement and scholarly
supports.

I am equally obliged to my class friends for their suggestions, encouragement and
constructive critics. I would like to pay my thankfulness to Mr. Peshal Kumar Luitel for
correcting the grammatical error of this paper.

My sincere appreciation goes to my spouse Radha and my daughter Pragya and other family
members for their inspirational love and support.

Madan Prasad Pokhrel

iii

List of Abbreviation

BS = Bikram Sambat

CCRI = Citizen’s Campaign for Right to Information

MP = Member of Legislature- Parliament

TU = Tribhuwan University

UK = The United Kingdom

USA = The United State of America

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....................... UK AND INDIA .............................................. 2 1........................................................................ 9 CHAPTER ................................................................................................................THREE ................ 2 1.......................... 32 FINDINGS..........................................................................................................3 Legislation as a source of Law................................................................................................................................... 19 4...........................................................3 Legislative Process ........ 20 4.......................................1 Structure of Government ...............................................................1 Law making and role of congress in the USA.......... 32 v ....................................................... 1 1........................ 8 2........................................................................................................ 4 1................................................. 6 2.........................................2 Law making and role of parliament in UK ................................................................................................................................................................ 12 LAW MAKING PROCESS AND ROLE OF LEGISLATURE IN USA......2 Constitutional Provision .............................................................. 4 CHAPTER TWO .........................................1 Findings ..1 General Background ...................................................... 2 1................................................................................................. 19 4..... 6 2.........................................................................3 Law making process and role of parliament in India ..................................... 1 INTRODUCTION AND METHODOLOGY .....2 Statement of the Problem ...............................................Contents Preface ............1 Concept of Law and its type ....................................6 Literature Review ............................................................. 1 1........... 15 3.......................................................................................................................................................................................... 4 1.................. 22 4................. 12 3.................................. 32 5.......................................... 17 CHAPTER – FOUR .................................................................. 6 CONCEPTUAL FRAMEWORK OF ROLE OF LEGISLATURE IN LAW MAKING ....................................................................................................................................................................................................2 Ministerial Role in Making Bill ............................................................................................................ 3 1... 12 3................ 2 1....................................................................... CONCLUSION AND SUGGESTIONS ..5 Methodology of the Study ............................................................................................................. iii List of Abbreviation .................................................................................................................... 19 LAW MAKING PROCESS AND ROLE OF LEGISLATURE IN NEPAL...................................................................................................................................... ii Acknowledgements ................................................................................................................................................................7 Scope of the Study ...............iv CHAPTER ..........4 Significance of the Study ............................... 25 CHAPTER – FIVE ............................................................................................................................3 Objective of the Study ...........................................................................................................2 Sources of Law ..........................ONE ............8 Limitation of the Study ........9 Organization of Structure ....

............... 36 5............................................................3 Suggestions .............2 Conclusion ................................ 37 Bibliography ............................................................................................................. 5........................................................................ 40 vi .......................................................................

it had to fulfill the job of legislature too. There are 165 directly elected and 110 proportionally elected members are in the House of Representatives. It seems that our legislature is focused more on breaking and making government rather than concentrating its core business. The Constitution of Nepal has been promulgated from 3 Ashwin 2072. CHAPTER . The federal legislature is bicameral and state legislature is a cameral legislature. The theory of separation of power does not apply completely in this system. through whom Lincoln’s democracy ‘of the people. Members of the Legislature-Parliament is elected in periodical elections. Although. Main job of legislature is to make law and oversight executive activities to make them more accountable to the people. legislature is the mother branch of executive. Nepal has bicameral legislature from when democracy was introduced. Federal Legislature consists of House of Representatives and National Assembly. A federal commission is formed to suggest about it. 1 . which is a permanent assembly. In parliamentarian (west ministerial) system of government. MPs lead the public opinion. But in now. Constitutional assumption will be more formalized after the election held and boundaries of state is not determined. for the people by the people is exercised.1 General Background Law making is the function of legislature. There are 59 members in National Assembly. the Constituent Assembly was focused only on the constituent making. till the first election under the provision of this Constitution transformed legislature-parliament is doing the job of federal and state legislature. This seminar paper is focused on role of the Legislature-Parliament in law making process which is one of the core function of our Legislature-Parliament.ONE INTRODUCTION AND METHODOLOGY 1. but institution under this constitution yet to be formed.

2 Statement of the Problem In west ministerial government system. this paper is significant to all of them who want to know the law making process and role of legislature on that process. 1.4 Significance of the Study Legislature represents the will of the people. Therefore. 1. This seminar paper aims to provide not only the basic idea but its goal is to evaluate their effectiveness. For example in Parliament of UK the practice of bills being 'read' three times in 2 . There are certain processes that are followed in legislature parliament. 1.  To evaluate the role of the Legislature-Parliament in Law making Process. making and breaking the government (executive) is one of the major function of the legislature parliament. It is the place for making the rules and approving governmental policies. Like our country.1. where democracy is not being matured.3 Objective of the Study The objectives of this study are as follow:  To identify the process of how a bill is converted to an act. many political parties existed and due to proportional election system small sized political parties play important role in this process.5 Methodology of the Study Legislative procedure depends on the rules that is made by itself. The General understanding of those process is necessary subject to all the people because it would be an effective tool to judge their representatives. it can be easily predicted that other functions are not perfectly done. This study is focused on those contemporary issues facing in the law making process by Nepalese Legislature. If the whole system is in transition. Parliamentary tradition and customs are also an important role on this process.Parliament of Nepal. There are many traditions established in matured parliamentary systems that are working as unwritten rules of parliament. It makes politics unstable and unpredictable. now Legislature.

New Constitution made through Constituent Assembly. the fundamental function of parliament. 2015. After briefly description over the constitutional process of those two functions suggestions for reform are subscribed at the end of the report.parliament. But Some INGOs did some work over this matter. 2016. Report June. 2047. But democracy was not able to be mature because of unstable government and King’s intervention on system. In this period all political and social force are centralized in the Constitution making process. Analytical and descriptive methods have been used in this study. After the restoration of democratic system through another people’s revolution. From that time legislation became formally the subject of Parliament by the Constitution of the Kingdom of Nepal. rules and tradition and custom based practices of the Legislature-Parliament of Nepal.6 Literature Review In the short for the political changes. Ganesh Datta Bhatta. Bipin Adhikari. In this report.1 The study is based on constitution. 7:00 PM).uk/about/how/role/customs 3 . Nepal has faced many over the past 25 years. Other procedures have developed through precedents such as rulings made by the Speaker and resolutions of the House. There were very little research and study are done in the field of legislative research other than making constitution. http://www. After the people’s revolution of 1990. 1. Nepal became a federal democratic republican state. A Process Review. 1 Rules and traditions of Parliament (May.21. it turned to a democratic constitutional monarchical kingdom. edited this report. Legislation drafting and oversight function is discussed briefly. Kathmandu is one of them.both Houses is not in the Standing Orders for example. Many researches were conducted on the practice and procedure of law making process in parliament. Some of them are reviewed here: Legislation Drafting and Oversight Function of Nepalese Parliament. Some constitutional expert Dr. published by Nepal Constitution Foundation.

Introduction and Methodology 4 . Conversely.9 Organization of Structure This study is organized in following five chapters.Another reviewed document while this paper is being written is Prolonged Legislative Process: Law Making in Nepal. it cannot be limited to this branch of government. converted Legislature-Parliament is in this role. 1. rules and traditions regarding the role of legislature in law making process.  This study is only based on law making process described in the Constitution of Nepal. 2012. There are constitutional provisions. rapidly changing society needs immediate actions in many cases that is done through delegated legislation by executive branch of government.7 Scope of the Study It is the Constitution. However. When it is published. As written in the Constitution of Nepal. which determines the structure of government. Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules. the theory of separation of power does not imply completely in this system. this study does not cover those aspects and is limited to the following. At that time. The study involves in analysis those rules and regulations and the practice critically and analytically. legislation is function of legislative body of government. Nepal is a democratic republic and parliamentary country. Laws and regulation are being internationalized as well as localized and the role of government is being narrowed. 2014 and parliamentary practice. Kathmandu. This research paper is edited by Santosh Sigdel.  Delegated legislation and impacts of political influences are not analyzed. first Constituent Assembly is doing their job actively. but in practice. its branches and their functions. 1. 1. This study is focused on the legislative process and try to find out the reason of prolonged legislation.8 Limitation of the Study Making the law is the main function of the Legislature. published by Citizens’ Campaign for Right to Information (CCRI). Because in the contemporary world. i. the Constituent Assembly was worked for the Legislature-Parliament too. May. Currently.

5 . Chapter (iv) is concentrated in law making process and role of the Legislature-Parliament and at last. Conclusions and Suggestions Chapter (i) is focused on introduction and methodological aspect of this study. ii. Law Making Process and Role of Legislature in Nepal v. Conceptual Framework of Role of Legislature in Law Making Process iii. findings. conclusions and suggestions are written in chapter (v). USA and India iv. chapter (ii) describes the legal framework and in chapter (iii) legislative practice in different countries are briefly analyzed. Role of Legislature in Law Making Process in UK. Findings.

and principles that the courts of a particular jurisdiction apply in deciding controversies brought before them <the law of the land>. esp.. The judicial and administrative process. 2. These differences are creation of different perspectives developed over the ages.1 Concept of law Law is an institution formed by social norms that are accepted and followed by the people. they submitted their dispute to the law>. legal action and proceedings < when settlement negotiations failed. and accepted legal principles. A statute <Congress passed a law>. standards. In Black’s law dictionary law is defined as following senses:2 1. 3. CHAPTER TWO CONCEPTUAL FRAMEWORK OF ROLE OF LEGISLATURE IN LAW MAKING 2. judicial precedents. (8th ed. There is not a single definition of law because of different approaches are being practiced to study about it. the body of authoritative grounds of judicial and administrative action.1. 4. 2 BLACK’S LAW DICTIONARY. in such a society. the body of rules. positivists define it as the command of sovereign and realists define it as the practice of court. It is a rule or bundle of rules that is used to maintain social harmony and to systematize our life. But in all sense. The aggregate of legislation. the legal system <respect and obey the law>.1 Concept of Law and its type 2. The regime that orders human activities and relations through systematic application of the force of politically organized society. backed by force. 5. Naturalists define law as the dictate of reason. it creates an order in the society and lays some criteria that guides our behavior. at 2580. or through social pressure. The set of rules or principles dealing with a specific area of a legal system <copyright law>.2004) 6 .

2. Law can be classified on the basis of relation established by it.2 Types of Law There are different criteria to interpret the types of law. but in practice it is assumed as law.2. But nowadays it is taken as an active law and many international institutions are established to implement it. b. Subjects of international law are also changed with time that not only the country but even a man is the subject of it. Constitutional Law: It is the main law of land. National law can be divided into following categories: a. In the broad sense law can be classified into these two categories: i. It is backed by sanction. this types of law is not found in written format. Private Law: The law which establishes relationship among individuals is called private law. generally legislature makes acts. c. relation between state and people and many more is the contents of constitution. governance system. Customary law: Generally. Public Law: Public law establishes relation between the individual and the state. 7 . If this law is about the relation between the sovereign states and multinational organizations it is said public international law. Statute Law: Statue law is that type of law which is made by government. Structure of government. Precedents are also a types of law that is created by courts. they are: i. ii. International law: International law is that law which is accepted as a guidelines of country to country relationships. ii. It is not accepted as a law by positivists because of not having coercive power behind it. National law: It is the rules accepted and created by the state. It is the supreme law of any country. and executive creates rules and regulations.

JURISPRUDENCE. iv. The law that deals with the crime is criminal law. at 126. iii. Salmond divided source of law as formal and material sources. There is not a universally accepted source of law as differences found on definition. Another types of law is relating the functions of law. Material source: It is the source of the content of the law. SALMOND. 2.2 Sources of Law Source of law indicate the origin from where the law comes to existence. 1913) 8 . 3 1. Professional Opinions: Professional opinion and juristic views are also one of the material sources of law. Stevens and Haynes London. Legal sources of law can be categorized as follow: i. that law is civil law. Custom: Customs are taken as the main source of law by historical school of jurisprudence and is one of the prominent source of law. There are two types of material sources of law: a. In general. Legal Sources: Immediate and legally recognized sources are legal sources of law. Legislation: It is the main source of law in democratic state and made through legislature. If the content of law is concerned with the relation between two parties. (4th ed. Precedent: It is judge made law and also called case law. If law is related with procedure of legal activities that is procedural law and the law which lays guidelines of people’s behavior is substantive law. Next criteria of types of law may be by its objective. ii.. 3 JOHN W. Formal source: It is that from which law gets power. 2. sovereignty is the formal source of law.

whereas naturalist consider human conscience as a source of law. Historical Sources: These sources are remote and not legally recognized. They delegate the power to make rules.4 Legislation is the main source of law in democratic country. In Parliamentarian democracy. which consists in the declaration of legal rules by a competent authority.3 Legislation as a source of Law There are main three division of government by its nature of work. Salmond’s view on sources of law almost covers every types of sources of law. b.5 In democratic system. Etymologically. legislation means the making or the setting of law. Historical schools of jurisprudence more focused on customary law. Supra note 3 at 127 9 . second is executive which executes the law and the third is judicial that check the functions of other branches of government and makes judgment according to law.D. v. It cannot be claimed in court as a right. MAHAJAN. 2. It is also one source of law. Another sense of legislation is related with all 4 V. legis meaning law and latum meaning to make. which formulates the law. 1987) 5 SALMOND. Legislation is that source of law. Positivist takes will of sovereign as only an authoritative source of law and realist takes verdict of judge as source of law. JURISPRUDENCE & LEGAL THEORY Eastern Book Company. people choose their representatives through periodic elections. In the broad sense legislation includes all forms of law making that can be divided into direct legislation and indirect legislation. at 159 (5 th ed. One is Legislature. It is the main function of legislature of a country. Agreement: Agreement between two or more parties works as law on their relating business. The term ‘legislation’ is derived from two Latin words. put or set. government is formed by legislature and it has control over the government.

and which is therefore incapable of being repealed. Lack of enough time and pressure of work in parliament ii. And the third sense is that the creation of law by way of authoritative declaration is legislation. or controlled by any other legislative authority. annulled. This is technically called subordinate or delegated legislation.7 There are five types of subordinate legislation. explained by Salmond i. It cannot be foreseen complexities of future and executive has to address these complexities immediately. 6 Legislation is either supreme or subordinate. Lack of expertise in legislature what is needed in current complex modern society to address technical social problem. Supra note 4 at 161 10 . and is therefore dependent for its continued existence and validity on some superior or supreme authority. Colonial legislation ii. Judicial legislation iv.expression of the will of the legislature. iii. It is true that the main function of the executive is to enforce laws but in certain cases. Subordinate legislation is that which proceeds from any authority other than the sovereign power. Municipal legislation v. at 143 7 Ibid at 129 8 MAHAJAN. the power of making rules is delegated to the various departments of government. The former is that which proceeds from the supreme or sovereign power in the state. Autonomous legislation Other kinds of subordinate legislation is executive legislation or delegated legislation. 8 In recent years there are significantly increase in delegated legislation due to following reason: i. 6 Ibid. Executive legislation iii.

In context of Nepal. 11 . The practice of subordinate and delegated legislation is increasing. legislation is the subject of the Legislature-Parliament.

The President may recommend to the Congress to adopt legislative measures and control the law-enforcement. This position has been realized in the 9 I. The principle divides the state powers into three branches . 12 . At the same time each governmental branch has powers to balance other one. http://www.21. § 1. 10 The USA is an ideal example of the use of separation of power.11 The system of the governmental bodies is organized so that the main task of the Congress is to make laws. secured stability and continuity. It may have firm form or flexible form. This principle singles out the representative bodies and empowers them to adopt laws.the legislative. which shall consist of a Senate and House of Representatives.pdf 10 Ibid at 7 11 U. The Legislative Bodies in The Law-Making Process 7 (May.1 Law making and role of congress in the USA The principle of the separation of powers recognized by modern constitutional states determines the mechanism of the law making and the place of the legislative bodies in it. while senate – 6 years (1/3 are reelected every 2 years). was able to reflect social changes (as the House of Representatives is elected every two year. The legislative body of the USA is known as a Congress and is formed by s Senate and House of Representatives. 9 The place of a legislative body in the law-making process depends from the character of the principle of separation of powers recognized in a country.S. executive and judicial powers. 7:20 PM). The principle of the separation of power has specific features in countries. Bogdanovskaia. The legislative power is vested in the legislative bodies.int/acad/fellow/97-99/bogdanovskaia.nato. 1.THREE LAW MAKING PROCESS AND ROLE OF LEGISLATURE IN USA. 2016. CONST. The division of the legislative body was a mean against possible tyranny. CHAPTER . UK AND INDIA 3. All legislative Powers herein granted shall be vested in a Congress of the United States. The legislative body has balanced structure. art. has the right of veto. For balancing the legislative body should be divided in two chambers.

to introduce legislation on a particular subject. https://www. In modern times.congress. a Member may consult with the Legislative Counsel of the House or the Senate to frame the ideas in suitable legislative language and form. or the President himself.12 Sources of ideas for legislation are unlimited and proposed drafts of bills originate in many diverse quarters. both as individuals or through citizen groups. In any event. transmitting a draft of a proposed bill to the Speaker of the House of Representatives and the President of the Senate.gov/resources/display/content/How+Our+Laws+Are+Made+- +Learn+About+the+Legislative+Process 13 . Supra note 9 at 7 13 John V. Similarly. The communication is usually in the form of a message or letter from a member of the President’s Cabinet. the head of an independent agency. the Member’s constituents.13 12 Bogdanovskaia. 2016. (May. a Member may introduce the proposal in the form in which it has been submitted or may redraft it. The Member may have also become aware after taking office of the need for amendment to or repeal of an existing law or the enactment of a statute in an entirely new field. The First Amendment guarantees the right to petition to the Constitution.21. Primary among these is the idea and draft conceived by a Member. It is separated from the executive power and the last has to find different (as a rule political) channels for contacts with the Congress in the law-making process. If favorably impressed by the idea. Sullivan. In the result the Congress has been able to keep strong positions in the law-making process.Constitution of the USA. may avail themselves of the right to petition and transmit their proposals to the Member. In addition. state legislatures may ‘‘memorialize’’ Congress to enact specified federal laws by passing resolutions to be transmitted to the House and Senate as memorials. the ‘‘executive communication’’ has become a prolific source of legislative proposals. How Our Laws Are Made. This may emanate from the election campaign during which the Member had promised. if elected. 7:30 PM).

For the bill to become law. amendments. then the differences between the two versions must be reconciled in a conference committee. Furthermore. the full house may accept or reject them. the Senate does not have the power to initiate bills imposing taxes. The house may amend the bill. If amendments are suggested. If the second house amends the bill. At last. reject. or amend it. In this stage. of the Constitution provides that all bills for raising revenue shall originate in the House of Representatives but that the Senate may propose. Committees have jurisdiction over a particular subject. or bills authorizing the expenditure of federal funds. Once a bill is approved by one house. both houses must agree to identical versions of the bill. Bills may originate in either the House of Representatives or the Senate with one notable exception. Section 7. There are two types of bills—public and private. Committees may amend the bill. it is debated in full house." As a result. A bill that affects a specified individual or a private entity rather than the population at large is called a private bill. committee seeks feedbacks from relevant governmental departments as well as collect public views through public hearing. general appropriation bills also originate in the House of Representatives. a bill is sent to committee. By tradition. The full house may bypass or overrule the committee stage but it is rarely used. it goes through several stages in each house. A typical private bill is used for relief in matters such as immigration and naturalization and claims against the United States. an ad hoc committee that includes both senators and representatives. A public bill is one that affects the public generally. the House of Representatives holds that the Senate does not have the power to originate appropriation bills. When a bill is introduced in any house of Congress. However. or concur with. the Constitution provides that: "All bills for raising Revenue shall originate in the House of Representatives. After the getting the report of committee. committee presents its report to the house. Any member of either house may introduce bills. it is sent to the other. Article I. In first stage. 14 . which may pass.

the House of Commons and the House of Lords. 2016) 15 Ibid. 17 LORD NORTON OF LOUTH.16 Parliament may thus be described as a policy influencing rather than a policy making legislature.The great majority of bills originated within government departments………. http://www. In case of finance bill the Lords can consider but cannot block or commend. A bill must be approved in the same form by the both house before becoming an act. 15 In the UK.17 Regarding the process. 3. The belief that most government bills derive from its manifesto commitments is mistaken………. on which the legislative power is vested.parliament. Cambridge University Press New York at 2. 14 Draft Bills. 2004). Harvester Wheat sheaf. P. the bill only becomes law if each house of Congress votes to override the veto with a two-thirds majority. DOES PARLIAMENT MATTER?. (6th ed.2 Law making and role of parliament in UK The parliament of UK consists two house. In such a case. at 50-51 (1993) 15 . The consultation process on Draft Bills may involve the government issuing a paper for public discussion and response. The President may also choose to veto the bill.uk/about/how/laws/draft/ (last visited May 21. Green Papers usually put forward ideas for future government policy that are open to public discussion and consultation. 16 MICHAEL ZENDER QC.14 Although not formal definitions. White Papers generally state more definite intentions for government policy. a Bill can be introduced in any house but finance bill can be presented only in the commons. returning it to Congress with his objections. NORTON. Northern Ireland. The best-known examples of this are White and Green Papers. it is sent to the president for approval. Prentice Hall.If the bill is agreed on the exact wording by both house. THE LAW-MAKING PROCESS.

it is sent back after third reading in the Lords for consideration of Lords amendments. Report stage: Report stage gives all members of the Lords a further opportunity to examine and make amendments (changes) to a bill. After third reading. After report stage. ii. Committee stage: During Committee Stage. it goes to the House of Commons for its first reading. if the bill started in the Lords. or. iv. is sent to the monarch for royal assent. Any member of the Lords can take part and votes on any amendments may take place. iii. house decides whether the Bill should be given its second reading by voting. Third reading: Third reading in the Lords is the chance for members to ‘tidy up’ a bill.Legislative process can be categorized as follow after a Bill is presented:18 i. Second reading: debate on general principle of the bill and at the end of the debate. First reading: there is no debate and only a bill takes place in any house. 16 . During report stage detailed examination of the bill continues. if there have been no amendments in the Lords. meaning it can proceed to the next stage. if a member wishes. Amendments at third reading are often used to clarify specific parts of the bill and to allow the government to make good any promises of changes they made at earlier stages of the passage of a bill. All suggested amendments have to be considered. v. concentrating on making sure the eventual law is effective and workable – without loopholes. and members can discuss an issue for as long as they want. The bill then moves to third reading. the bill is reprinted to include all the agreed amendments. 18 Drafts. supra note 15. The government cannot restrict the subjects under discussion or impose a time limit. every clause of the bill has to be agreed to and votes on any amendments can take place. This is a key point of difference with procedure in the House of Commons. And if the bill began in the Commons.

3 Law making process and role of parliament in India19 Parliament consists of two Houses: the Lok Sabha. When a Bill has completed all its parliamentary stages in both Houses. 2016.org/BHC- RIA/pdf/Draft_Law_Making_Process_in_India. 7:20 PM). or makes alternative proposals. If the Commons makes amendments to the Bill. it must have Royal Assent before it can become an Act of Parliament (law). There is no set time period between the third reading of a Bill and consideration of any Commons or Lords amendments.If the Lords disagrees with any Commons amendments. drafting of the proposed law. the Lords must consider them and either agree or disagree to the amendments or make alternative proposals. revision of the draft bill to incorporate such inputs. (May. and then is translated into the law of the land.” The process of law making. 3. http://www. then the Bill is sent back to the Commons. It can be broadly divided into three stages / phases – Pre- legislative phase. and getting the same vetted by the Law Ministry. Legislative phase and Post-legislative phase. may be defined as the process by which a legislative proposal brought before it.20.” and the Rajya Sabha. Royal Assent is the Monarch's agreement to make the Bill into an Act and is a formality. Pre-legislative phase comprises identification of need for a new law or an amendment to an existing legislation. seeking inputs / comments from different ministries and public. The summary of pre-legislative process is also required to be placed before the Department Related Parliamentary Standing Committee by the Department/Ministry 19 Law Making Process in India. When a Bill has passed through third reading in both Houses it is returned to the first House (where it started) for the second House's amendments (proposals for change) to be considered. in relation to Parliament. Both Houses must agree on the exact wording of the Bill. It is then presented to the Cabinet for approval. A Bill may go back and forth between each House (‘Ping Pong’) until both Houses reach agreement.cuts-ccier. or “House of the People.pdf 17 . or “Council of States.

Once both the Houses pass the Bill. Post scrutiny by the Ministry of Law and Justice. be referred to the Select Committee of the House/ Joint Committee of both Houses or for eliciting public opinion. Once the Bill is taken for consideration. if any. it is introduced in the Parliament. The same are then tabled in Parliament. considered and passed. though is not bound to. it is then sent to the other House. In case of a deadlock between the two houses or in a case where more than six months lapse in the other house. the President may summon. On introduction of the Bill. 18 . a copy of the Bill is sent to Legislative Department of Ministry of Law and Justice for scrutiny. and may also return it to the Parliament for reconsideration. the Bill is notified as an Act. The President has the right to seek information and clarification about the Bill. and the concerned ministry frames rules and regulations to implement the Act. amended or rejected. the House votes on the Bill with amendments.concerned when the proposed legislation is brought to the Parliament and is referred to the Standing Committee. the Minister of the concerned Department may send notice demonstrating the intention that the Bill may be moved. Subsequently. After the President gives assent. If the Bill is passed in one House. the Bill is brought into force. After the Cabinet approves the Bill. perusal must be made on clause-to-clause basis and the same may be accepted. a joint session of the two houses. which is presided over by the Speaker of the Lok Sabha and the deadlock. is resolved by simple majority. it is presented to the President for assent. Subsequently.

Art. 21 Ibid. federal. 56 § 1. the State and the Local level. But most of the provisions related to federalism are even to be applied. 21 The form of government of Nepal shall be multi-party.22 The main structure of the Federal Democratic Republic of Nepal shall be of three levels. After a prolonged constitutional making process. republican. CHAPTER – FOUR LAW MAKING PROCESS AND ROLE OF LEGISLATURE IN NEPAL 4. Art. competitive. city. the Constitution of Nepal was commenced on 20 September. 25 ibid. 74. Because of limited application. parliamentary form of government based on pluralism. 20 It is also referred for the group of people who officially control a country. the Legislature-Parliament shall continue to exist until the day before the day specified for the filing of nominations of candidates for that election. republic country and pluralism based parliamentary democracy is its government system. namely the Federation.1 Structure of Government A government is the system used for controlling a country. 22 THE CONSTITUTION OF NEPAL. 2008). and the term of such Legislature- Parliament shall exist until 7 Magha 2074. 56 § 2. 24 ibid. 25 20 CAMBRIDGE ADVANCED LEARNER'S DICTIONARY. 19 . practically legislative power of Nepal is remaining with converted legislature parliament of Nepal. 23 The Federation. 2015. the Constituent Assembly existing at the time of commencement of this Constitution shall ipso facto be converted into the Legislature- Parliament after the commencement of this Constitution. Provided that if an election is held to the House of Representatives set forth in this Constitution prior to the expiration of that tenure. by constitution Nepal is a federal. at 624 (4th ed. 296 § 1. (2015) 23 ibid. art. It is written in the constitution. 24 In this way. State and Local levels shall exercise the power of State of Nepal pursuant to this Constitution and law. Art. democratic. or group of people.

justice and parliamentary affairs.27 4. 20 . When concerned ministry finds the gap between existing and expected law. zonal and district offices under the ministry and departments. relevant research are done by other institutions. In democratic system. These ministries have many departments on need basis. another process of policy and law making is start from political leadership. The Legislature-Parliament set forth in clause (1) shall perform the business required to be performed by the Federal Parliament in accordance with this Constitution until election to the House of Representatives is held pursuant to this Constitution. approval of principle of those bill is compulsory and this approval is the subject of ministry of law. In this stage.26 The legislative power of the State Assembly with respect of matters set forth in Schedule-6 shall. expected organizational structure and effect on other departments are scrutinized. After election. Generally. justice and parliamentary affairs with justification. which commands majority in parliament. It is also for technical assistance and development. upon the commencement of this Constitution. 296 § 4. people elect their representatives on the basis of their ideology and political manifestoes of political parties. Before drafting the bill. 296 § 3. which starts form functional layer of government. There are regional.2 Ministerial Role in Making Bill There are 29 ministry in Nepal. possible economic burdens. District offices are center of serving to the people. art. the government is formed by this political party. department’s role is to have bridge between ministry and district offices. policy problems are discovered at that level and these go up through reporting. there would be detailed discussion over the issues. 27 ibid. art. international practice and legal documents are taken as references and issues like. Any law so made shall be inoperative in relation to that State after one year of the date of formation of the State Assembly set forth in this Constitution. The Constitutional 26 THE CONSTITUTION OF NEPAL. After approval of principles. be vested in the Legislature- Parliament set forth in clause (1) until the State Assembly is formed. Generally. Above mentioned process is related with down-up techniques. Those ministry has to consult council of ministry and ministry of law.

promulgate an Ordinance.114.provision is that the Council of Ministers in Nepal is formed through constitutional provision. Law making is in general the business of the Legislature but when government feels that certain circumstances exist which render it necessary to take immediate action.za/toolbox/docs/govern/policy. 28 In parliamentary democratic system. 29 The Policy and law making process. 76 § 10. art. 21 . the President may. and the Ministers shall be individually responsible for the work of their respective Ministries to the Prime Minister and the Federal Parliament. 31 ibid. art. at any time. on recommendation of the Council of Ministers. and the Council of Ministers shall be constituted under his or her chairpersonship. 30 THE CONSTITUTION OF NEPAL art. 2016). it is written under article 114. except when both Houses of the Federal Parliament are in session. ruling party tries to change national plans and policies according to their manifestoes. Provisions relating to Ordinance:31 (1) If. on recommendation of the Council of Ministers. The Prime Minister leads with majority of parliamentarians vote and has influencing role on policy and law making process. policy and law making process may be done through political leaders too.etu. It is the responsibility of the executive branch of government to develop new policies and laws. Provided that every such Ordinance: 28 THE CONSTITUTION OF NEPAL. In the Constitution of Nepal. Prime Minister practices supremacy in the Council of Ministers and ministers are responsible to the Prime Minister. the President may. The President shall appoint the leader of a parliamentary party that commands majority in the House of Representatives as the Prime Minister.org.30 In parliamentary government system. promulgate an Ordinance. 29 The Prime Minister and Ministers shall be collectively responsible to the Federal Parliament. In this way. http://www. circumstances exist which render it necessary to take immediate action.html (last visited May 16. (2) An Ordinance promulgated under clause (1) shall have the same force and effect as an Act.76 § 1.

It can be summarized that ministries have a very prominent role in law making provison.Being committed to socialism based on democratic norms and values including the people's competitive multiparty democratic system of governance. fundamental rights.2 Constitutional Provision Democracy is an inevitable component of constitutionalism. secular. It means that the source of the state authority is people. and if not passed by both Houses. Practically. (b) may be repealed at any time by the President. In some countries they are called as ‘machine for the approvement of the decisions of the Government. ipso facto cease to be effective at the expiration of sixty days after the day on which a meeting of both Houses is held.4 § 1. the executive bodies control the pre-legislative stage of the law- making as the Government is the main initiator of the bills which have a chance to become a law. Explanation: For the purposes of this clause. unless rendered ineffective or repealed under sub-clause (a) or (b). The legislative process itself is also controlled by the Government especially in the parliamentary countries. sovereign. and (c) shall. human rights. (a) shall be tabled at the session of both Houses of the Federal Parliament held after the promulgation. art. 34 THE CONSTITUTION OF NEPAL. 33 Ibid. inclusive.32 4. 32 Bogdanovskaia. civil liberties. socialism oriented. Supra note 9 at 12. federal democratic republican state. "day on which a meeting of both Houses is held" means the day on which a session or meeting of both Houses of the Federal Parliament commences or is held. and this term means the later day on which a meeting of the House is held if the Houses of the Federal Parliament meet on different dates.34 In this way Nepal is a democratic country and in preamble of the constitution it is written that …………. 33 Nepal is an independent. As Bogdanovskaia wrote. democratic. they have control over the pre-legislative procedure for making laws. 22 . it shall ipso facto cease to be effective. The democracy is based on the principle of the people’s sovereignty. indivisible.

state and local. In this part there are 6 articles from 109 to 114. full freedom of the press.adult franchise. The Federation. There are different procedures to pass the different types of bills. These powers are subject to relative levels of state. periodic elections. 35 THE CONSTITUTION OF NEPAL. Nepal shall be introduced only as a Government Bill. 7. the State and the Local level. Nepal is in transitional phase. Part 16 and Part 19 are related with financial procedure of different three levels. Preamble. 6. 23 . 56 § 1 & 2. State legislative procedures are in part 15 of The Constitution of Nepal. In this article clause 4 and 5 vested the legislative power of federal legislature and state legislature regarding the law making process to the Legislature Parliament. 8 and 9. Nepal Police and Armed Police Force. Now. Distribution of state power at different levels of state is scheduled in Schedule 5. A Money Bill and a Bill concerning a security body including the Nepal Army. Local legislative procedure is written in part 18. State and Local levels shall exercise the power of State of Nepal pursuant to this Constitution and law. transitional provisions. Part 10. federal. and independent. impartial and competent judiciary and concept of the rule of law. 37 Ibid art. 36 Ibid art.110 § 2. The power of the state of Nepal is exercised at federation. 6 article from article from 197 to 202.” 36 Federal legislature procedures are written in Part 9 of The Constitution of Nepal. namely the Federation. Beyond that financial procedure of these three level have been stated in the Constitution of Nepal differently. state and local levels. and build a prosperous nation…… 35 Nepal is a federal country. And law making over those powers is the subject of legislature of different levels of state. The government system is functioned under the constitutional provision of part 15. A Bill may. Constituent Assembly to be converted into legislative parliament under the provision of article 296. article from 221 to 227. 37Other than these bills. In the article 56 of The Constitution of Nepal it is written that “The main structure of the Federal Democratic Republic of Nepal shall be of three levels.

(5) A Bill shall become an Act after the President gives assent to it. he or she may. (3) If the President is of the opinion that any Bill. there is no state legislature to practice legislative procedure. Power of state legislature is vested on legislature parliament too. return the Bill with his or her message to the House in which the Bill originated. and both Houses reconsider. except a Money Bill. so there is only one house and any bill can be introduced in legislature parliament. Provided that in the case of a Money Bill. Any bill passed by the Legislature-Parliament is presented to the President for assent. constituent assembly is converted to legislature parliament and it performs the business required to be performed by the Federal Parliament. 110 (1) 39 Ibid art. within fifty days from the date of presentation of such Bill. the Speaker shall so certify.” 38 THE CONSTITUTION OF NEPAL Art.38 Now in transition phase. 113 24 . be introduced in any House of the Federal Parliament. passes such Bill as it was or with amendments and submit it again. The legislature-parliament is only one institution which can make the law at current situation of Nepal. That is why.subject to this Constitution. Process of Assent on Bills is written under article 113 of the Constitution of Nepal as follow: “Assent on Bills: 39(1) A Bill which is to be submitted to the President for assent under Article 111 shall be so submitted by the Speaker or the Chairperson of the House in which the Bill originated after it has been certified by him or her. submitted for assent needs reconsideration. the President shall give assent to that Bill within fifteen days of such submission. Provided that a Money Bill shall be introduced only in the House of Representatives. (2) A Bill submitted to the President for his or her assent in accordance with this Article shall be assented to within fifteen days. By constitution Nepal is a federal country but till now the boundaries of the states yet to be finalized. both Houses shall be informed thereof as soon as possible. (4) If any Bill is returned with a message by the President.

Each House of the Federal Parliament shall frame rules to conduct its business. and constitution and proceedings of the joint committee of the Federal Parliament shall be regulated by the rules or procedures approved by the joint sitting of both Houses of the Federal Parliament. New York at 15 (2006). formation of federal legislature is written. functions and procedures of the committees and procedures of the House or its committee. 41 TSVI KAHANA RICHARD & W.3 Legislative Process The legislation is the main source of law in current world. After the President gives assent to a bill it becomes act. And The conduct of business of the joint sitting of the Federal Parliament. BAUMAN. converted Legislature-Parliament 40 THE CONSTITUTION OF NEPAL. Cambridge University Press. In article 83 of the Constitution of Nepal. The speaker should prove every Bill but in case of a Money Bill. the Federal Parliament shall regulate its procedures on its own. 25 . 42 According to above mentioned article. and because law is a serious matter affecting the freedom and interests of all the members of the community. A legislature is a place for making law. legislating is an activity we ought to take seriously. the Speaker shall so certify because the President cannot return it for reconsideration. As mentioned before. 42 THE CONSTITUTION OF NEPAL. After promulgating the Constitution of Nepal. 4. Until such rules are framed. 40 But in fact. 41 Procedure relating to conduct of business is written in article 104 of the Constitution of Nepal as. 104. this article is not activated and now in transition converted Legislature Parliament performed as Federal Legislature. which shall be called as the Federal Parliament. maintain order during its meetings and regulate the constitution. the Bill shall be originated only in the Legislature-Parliament. art. THE LEAST EXAMINED BRANCH: THE ROLE OF LEGISLATURES IN THE CONSTITUTIONAL STATE. art. There shall be a Federal Legislature consisting of two Houses to be known as the House of Representatives and the National Assembly. the rules of the Legislature-Parliament is on the process. 83.

1 Introducing the bill in the Legislature Parliament: Subject to the Constitution and these Rules. 2014. Rule 54(1). 26 .approve an internal procedure and beyond that it is guided by the Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules. it shall be adequate to give an advance notice of five days. when a Bill is pending before the House.43 In case a Bill creates a financial burden after being an Act. Such financial memorandum shall call attention to the Sections involving expenditure and shall also give an estimate of the recurring and non-recurring expenditure involved in case the Bill is passed into an Act. which is identical in respect of 43 Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules. (2014) 44 Ibid. It is said that Legislative process in law making is nothing more than a showpiece or a formality in Parliamentarian Democracy.4. if A Bill which is wholly or partly dependent upon another Bill pending before the House may be introduced in the House in anticipation of passing of the principal Bill. 44 In this information giving process. Provided that the dependent Bill shall not be taken up for consideration before the principal Bill is passed. Rule 54(2). such a Bill shall be accompanied with a financial memorandum with detailed description. But that formality takes more time and go through various stages. any Member may introduce the Bill. 45 Ibid. These stages are explained as follow: 4. Rule 55. Any Member intending to introduce the Bill shall give a notice of his/her intention to the Secretary General or the Secretary along with a copy of the Bill and a statement of objectives and reasons at least seven days in advance. notice of any other Bill. Provided that in case of a government Bill.45 There are another rules of giving information about the proposed bill to the house (Legislature-Parliament) they are: Non-inclusion of Identical Bill in the List: Unless otherwise ordered by the Speaker.

50 Ibid. If house agree to forward the proposed bill. there will be general discussion on that bill. Rule 56. the member who proposed the bill may propose to consider over or to circulate for the public opinion. who proposed the bill may move either to be 46 Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules.46 Memorandum Regarding Delegated Legislation: A Bill containing the provisions for delegation of legislative powers shall be accompanied by a memorandum explaining the reasons thereof and calling attention to the nature and limitation of the law to be made under such delegated power and the effects resulting therefrom.2 General Discussion on the Bill After presentation the Bill in the meeting of Legislature-Parliament. it shall be accompanied by a statement explaining the reasons and circumstances which had necessitated immediate legislation by an Ordinance. 48 Before introducing the Bill in the meeting of the Legislature-Parliament.subject matter and objective. a copy of the Bill shall be made available to all Members two days in advance. 27 . Rule 61. the member who opposed and the member who moved are given to put their view and if the house agree with one of them the process starts or over there. Rule 59 and 60. whether it may be received before or after the introduction of the pending Bill. 50 If the member who proposed the bill to consider over. After finishing the principle discussion. Rule 57.4. 48 Ibid. 47 Bill to Replace Approved Ordinance: In case a Bill having the purpose of seeking to replace an Ordinance issued by the President as it is or with an amendment has to be introduced. 49 ibid. And if Any Member intending to oppose the motion for leave to introduce a Bill shall submit a notice thereof to the Secretary General or the Secretary one day in advance of the day on which the motion of leave to introduce the Bill is to be moved. 49 4. Rule 58. 47 Ibid. (2014). In this process only theoretical or principle aspect of the bill is discussed. the member. shall not be entered in the list of the noticed Bills.

name and working area of the Thematic committees are written. All amendments must fulfills these conditions:52 (a) The amendment must be relevant to the subject matter of the Bill and within the scope of the Bill. as per rule 67. In article 110 of Constituent Assembly (Conduct of Business of Legislature- Parliament) Rules. Rule 68. (f) The amendment must clearly and specifically suggest the particular provision or words substituting any provision or words in the Bill. Rule 64 (2014) 52 Ibid. Time constraint and other procedural Problems full house is unable to discuss intensively over the issue of law making. Whereas parliamentary committees can do their job with specifically. 51 Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules Ibid. (b) The amendment must not be inconsistent with the inherent principles of the Bill.4. 2014. (d) The amendment sought to be made in any Section must be relevant to the subject matter of such a Section. or referred to the Legislative Committee for clause by clause discussion. 68 and 69 any member of Legislature-Parliament can give a notice of amendments.4 Committee Stage It is said that parliamentary committees are the workshop of the Legislature.discussed clause by clause in the House. or meaningless. Generally. bills are extensively discussed in thematic committees of the Legislature- Parliament. There are no boundaries and veto like as in house. (c) The amendment must not be vague.3 Amendments to the Bill After the general discussion on the proposed bill.4. 4. 51 4. 28 . (e) The amendment must not be inconsistent with any previously accepted principles or previous decision of the House.

it shall be sent to the concerned Committee for reconsideration on the Bill and to submit a Report thereof. at any time after twenty four hours of the circulation of the Report. After the report of committee is tabled in the Legislature-Parliament. concerned committee table its report in the meeting of Legislature-Parliament. (4) Where a motion has been moved pursuant to Sub-rule (3). 29 . move a motion as referred to in Clause (a) of Sub-rule (2). (7) After distribution of the Report submitted by the concerned Committee pursuant to Sub- rule (6) to the Members. (3) Where the Member introducing the Bill has moved one of the motions mentioned in Sub-rule (2). if the Member moving the motion subsequently does not withdraw his motion after both of the Members have made their statements. on the date and at the time fi xed by the Speaker. the Member introducing the Bill may. the Speaker shall permit the Member moving such a motion and the Member introducing the Bill to make statements and. any other Member may move another motion under the same Sub-rule. 53 Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules. or (b) That the Bill be sent back to the Concerned Committee with directives for reconsideration in respect of any specific Section or Sections. the Member introducing the Bill may. the Speaker shall put the motion for decision of the Legislature-Parliament. Rule 78. (6) The concerned Committee shall consider upon the Bill sent for reconsideration pursuant to Sub-rule (5) as soon as possible and shall submit the Bill to the House along with its Report prepared pursuant to Rule 76. move one of the following motions:- (a) That the Bill along with the Report be considered. After discussion over the bill in thematic committee. (5) If it is decided to send the Bill back to the concerned Committee. the Report shall be circulated to all Members. following process is followed: Procedures after Tabling of the Report of the Concerned Committee53: (1) After the Report of the Concerned Committee is tabled. (2014). (2) Unless otherwise ordered by the Speaker.

s/he shall put the motion for decision without further debate. Rule 77. (2) If a motion for leave to withdraw a Bill is made while such a Bill is under consideration of the Legislative Committee. Withdraw process of a bill is written in rule 77 of Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules. In the committee stage the Bill generally handled by sub-committees.4. 2014 as follow: Bill may be Withdrawn54: (1) If the Member introducing the Bill intends to make a motion for leave to withdraw the Bill.6 Passing and Authenticating a Bill After clause by clause discussion over a bill in legislature-parliament of discussion over a report of a committee the member who introduced a bill shall move the motion that the bill be passed. 4. (3) The Member withdrawing the Bill shall. the Committee shall submit a Report to this effect to the sitting. with the approval of the Speaker.4. which is made on the basis of ministerial criteria by committee. It is not mandatory but to the convenience of parliamentarian thematic committee. the Speaker may permit the Members proposing and opposing the motion to deliver short statements for clarifying their respective stands and hereafter.(8) After approval of the motion referred to in Clause (a) of Sub-rule (2) or in Sub-rule (7). And if the bill is passed by legislature parliament it shall be submitted to 54 Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules. s/he shall have to give a notice thereof one day in advance. (4) If the motion for withdrawal of the Bill is opposed.5 Withdrawal of a Bill A member who introduce a Bill in Legislature-Parliament may withdraw proposed bill giving notice one day in advance. 4. (2014). 30 . discussion may be held only on the Report of the concerned Committee and the Sections of the Bill relating thereto and other sequential Sections. move the motion in the sitting of the Legislature-Parliament for withdrawing the Bill.

after closure of such a discussion. In case such a notice has been received at a time when the session is not going on. Rule 83. When the President authenticate a Bill it becomes an Act. the member introducing the Bill shall move the motion that the Bill be passed. (3) After receipt of notice of the President’s authentication pursuant to Sub-rule (2). 2014 as follow: Motion for Passing of a Bill55: Where a Bill has undergone clause by clause discussion in the House. after closure of discussion on the Report of the Committee. (2014) 56 Ibid. Rule 79. the Speaker shall read out the notice to the House. 31 . and where clause by clause discussion has been held in the concerned Committee. the Speaker shall cause to publish such a notice in the Bulletin of the Legislature-Parliament and also cause to publicize the notice. Authentication of the Bill56: (1) The Bill passed by the Legislature-Parliament shall be submitted to the President for authentication having certified by the Speaker. (4) One copy of the Bill authenticated pursuant to Sub-rule (2) shall be retained at the record of the Legislature-Parliament and one copy of the Bill shall be furnished to each of the Office of the President. and when the amendments have been put in the order thereof for decision of the Legislature-Parliament. the Office of the Prime Minister and Council of Ministers and Ministry of Law. 55 Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules.the resident for authenticating having certified by the Speaker. Justice and Constituent Assembly Affairs. These processes are written in rule 79 and 83 in Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules. (2) The Bill passed by the Legislature-Parliament shall become an Act after it has been authenticated by the President.

parliamentary and semi- presidential. Nepal is a parliamentarian republic country. Legislature and Judiciary. There are mainly three types of government. In the semi- presidential state the power of executive is divided. CONCLUSION AND SUGGESTIONS 5. The government structure of the USA is one of the best examples of separation of power. where some of the power of executive is under the control of prime minister. It can transfer anybody into a dictator. In the article 76 of the Constitution of Nepal. Its legislative power is vested on legislature of three layers of governments. government is formed and controlled by legislature- parliament.1 Findings There are three major functions of the Government. In the Presidential structure of government. beliefs and wants of people. making the rule. it is written that. So in a democratic and constitutional state these three main function of government are divided into three parts of the Government. 32 . But now. presidential. Members of the Legislature-Parliament represents the values. implement them and check them. till the federal legislature-parliament. In parliamentary system. CHAPTER – FIVE FINDINGS. And in parliamentary system. The main roles of the Legislature-Parliament are to make law and to control over the government to make it more responsible and accountable. state legislature and local legislature is not formed transformed legislature parliament is using their right too. it is implementing wisely and no need to check. If one institution is allowed to perform those functions definitely it will think that they make appropriate rule. executive is formed by the legislature and is a part of legislature itself. In constitutional state. people’s voice is the main guidelines of government which comes from periodical election. elected from legislative body. these major functions are divided separately and rule of Montesquieu’s theory separation of power applied. They are executive.

76. (7) In cases where the Prime Minister appointed under clause (5) fails to obtain a vote of confidence or the Prime Minister cannot be appointed. dissolve the House of Representatives and appoint a date of election so that the election to another House of Representatives is completed within six months. the President shall appoint as the Prime Minister a member of the House of Representatives who can command majority with the support of two or more parties representing to the House of Representatives. the President shall appoint such member as the Prime Minister. the President shall appoint as the Prime Minister the parliamentary party leader of the party which has the highest number of members in the House of Representatives. (5) In cases where the Prime Minister appointed under clause (3) fails to obtain a vote of confidence under clause (4) and any member under clause (2) presents a ground on which he or she can obtain a vote of confidence in the House of Representatives. the President shall. art. 57 THE CONSTITUTION OF NEPAL. 33 .Constitution of Council of Ministers57: (1) The President shall appoint the leader of a parliamentary party that commands majority in the House of Representatives as the Prime Minister. and the Council of Ministers shall be constituted under his or her chairpersonship. (3) In cases where Prime Minister cannot be appointed under clause (2) no later than thirty days after the date of declaration of the final results of election to the House of Representatives or the Prime Minister so appointed fails to secure a vote of confidence under clause (4). (2) In cases where no party has a clear majority in the House of Representatives under clause (1). (6) The Prime Minister appointed under clause (5) must obtain a vote of confidence under clause (4). on recommendation of the Prime Minister. (4) The Prime Minister appointed under clause (2) or (3) shall obtain a vote of confidence from the House of Representatives no later than thirty days after the date of such appointment.

Detailed and stepwise procedures are described in Legislature- Parliament rules and it is the main guideline to the conduct of meeting of the Legislature- Parliament. (8) Procedures on the appointment of the Prime Minister under this Article must be completed no later than thirty-five days after the date of declaration of the final results of election to the House of Representatives held under this Constitution or the date on which the office of the Prime Minister has fallen vacant. it is easily predicted that in Nepal. legislature is controlled by the executive branch of government. which is rarely rejected by Legislature-Parliament. It formulates policies and draft bill. In this way. the Legislature-Parliament is the key of our governance system. 2014. the Legislature-Parliament has full control over the council of ministers.Parliament in law making process in Nepal is described in the Constitution of Nepal and in Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules. It is effective role of the Legislature-Parliament of Nepal that is practiced on. because it holds majority in legislature. The Constitution of Nepal lays basic norms and procedure of law making. Law making function of the government is the business of the Legislature- Parliament of Nepal. Reality in parliamentarian system. There were different procedure for finance and other bill. 34 . Clause by clause discussion over the bill is also held in those committee. A bill can be introduced by any member of the Legislature-Parliament. These intensive discussion is useful to reform the weaknesses of the bill. On the basis of current practice findings of this this study are as follows: i. About the role of the Legislature. Only after getting the support of majority members of the Legislature-Parliament.D. but in practice it is far from the truth. There were only three bills that were passed as non- governmental bill. after restoring of democracy in 1990 A. council of ministers can be formed. As mentioned above. and government and private bill. There were thematic committees of the Legislature-Parliament to discuss over the ministerial oversight. ii.

principal and dependent bill. time is given to withdraw proposed amendments. After authentication of the President. After introducing the bill. ix. 110 §2. In our parliamentarian 58 THE CONSTITUTION OF NEPAL. or send to thematic committee or may be the Bill circulated for the purpose of eliciting public opinion.58 v. a bill become an act. bill to replace approved ordinance etc. Legislation is the task of the Legislature-Parliament. it is discussed in house. There are not any private bill passed after election of the Constituent Assembly. It is practically acceptable because knowing the gap between existing and expected law is the subject of ministerial functions. art. There are different types of bill: governmental bill and private bill. but in reality drafting of a bill is function of ministerial job. and after that the Bill shall be moved to be passed. x. In Practice. viii. iii. When committee report is submitted to the Legislature-Parliament. finance bill and other than finance bill. A money bill and a bill concerning a security body. time is given to file amendments. Nepal shall be introduced only as a government bill. It is compulsory to inform to Secretary General or Secretary of the Legislature- Parliament in advance to give information about to introduce. to oppose or to withdraw a Bill. iv. Nepal Police and Armed Police Force. It is sent to the President for authentication after certification of the Speaker. when a bill is passed by Legislature-Parliament. 35 . bills are introduce by government and generally bills introduced by government only passed easily. After introducing a Bill into the Legislature-Parliament. general or principle discussion held after that a bill may be discussed clause by clause in house. vi. vii. including the Nepal Army.

To make legislative body effective and efficient. But main institutions of government yet to be formed as written in the Constitution.2 Conclusion Our practice on parliamentarian system is not old one. So it may be said that it has not played its role effectively but the foundations has already made to stabilize it. though a political course has been completed after the promulgation of New Constitution. There were thematic and other special committees in the Legislature-Parliament. But. It was also a law machine. making law and oversight executive functions. periodical election as constitutional values. but their functions are limited to formality if we leave some exceptional case. Now our country is on the way of institutionalization of our new constitution. 5. Beside those weaknesses. in reality. impartial and competent judiciary. participatory principles. our representatives made a constitution through the Constituent Assembly with consensus of highly majority of representatives. social justice. and there was a lot of obstacles that it had not any opportunity to institutionalize its activities. our Legislature-Parliament does nothing on the field of research. Our country is in transition phase. It produces a lot of law without any research that some laws are only in paper. which can be done through following the rules prescribed in The Constitution of Nepal. 2014. It has a short history. it must be developed as research center because executive body of government is engaged in providing day to day service to people. Beside that we establish an inclusive democratic system and accept rule of law.system of government. It is on process of formulation of new rule but consensus over this is not made till now. Our legislature-Parliament is working with an ad-hoc procedural rules and mostly depend on Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules. That is why it will be hurry to comment negatively about the 36 . It is not wrong to say that our parliament is using to break and form a government rather than to do legislative research. the Legislature-Parliament is only the institution to formalize proposal of ministry.

By constitution power of state is divided into three layers of government but all layers according to it is yet to be formed. There are three layers of government to practice the power of state. But many of the provisions of the Constitution are followed. Some political parties are disagreed to the some provisions of Constitution even now. 2014 are the main guidelines of Legislative-Parliament. It is taken long time to be formulated the Constitution of Nepal. the Constituent Assembly is transformed to Parliament-Legislature. the Constituent Assembly is converted to the Legislature-Parliament and functions of Federal Legislature and State Legislature are performed by it. Structure functions and procedures are organized and described on those laws. The Constitution of Nepal and the Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules. resource and research it is completely dependent on executive to perform its core functions. It is not an easy task. 5. It has to make a lot of rules to institutionalize the provisions of the Constitution of Nepal. But now in transitional period. any bill is rarely introduced by a member who is not in the Council of Ministers. 37 . Any member of the Legislature-Parliament can introduce a bill but in practice.3 Suggestions Nepal is a federal democratic republican country. There is a bicameral legislature-parliament in federal and unicameral legislature in state but the functions of them are performed by transformed Constituent Assembly on the basis of transitional provision of the Constitution of Nepal. Because this Legislature-Parliament will be purely elected to do legislative business rather than other work like converted Legislature-Parliament.legislative function performed by the transformed Legislature-Parliament. Function of the Legislature-Parliament is not well practiced in current situation though it can be assumed that forthcoming elected legislature can perform as spirit of the Constitution of Nepal. Lacking of knowledge. Now. It is because Constituent Assembly had done a lot of research work while making a draft of constitution and legislation is an extra job for that body.

Legal research is the basic tool to know gap between need and existing law. so there should be and an independent and competent professional research unit in Legislature-Parliament to give the Suggestions. ii. So. Our democratic history is not a memorable. It should be corrected. Time to file amendments on a bill is very short. It is not possible to read intensively and consult to propose amendments within 72 hours. because Parliament was used to break a government and form a new one. iii. v. its pre-symptoms have already shown. iv. Rules/Acts are not limited with one sector effect but directly or indirectly various aspect of societies are affected. Some recommendations on the basis of this study are as follow: i. Our Legislature-Parliament is not supported by any independent legal research unit. Effectiveness of the Legislature-Parliament is reflected on its two basic functions. This seminar paper ‘Role of Legislature-Parliament in the law making process in Nepal” is focused on current practices. it will be transformed to rubber stamp of government. Legislature-Parliament is being a law producing machine. viii. making and intruding the bill in the Legislature-Parliament. vii. Independent research center should be established under Legislature-Parliament to help parliamentarians in the law making process. 38 . making the law and oversight the government. These both functions demand some basic knowledge of system and expertise. Every law makers should be trained about law making process. It should be extended. every MPs should be trained after elected. vi. If this institution is not developed as per its need. We have not any structure regarding these functions. Any member of Legislature-Parliament shall introduce a bill. but in practice only ministers do which should be reformed because to represent the need of people is the main job of MPs and must play effective role regarding. Very few research are performed on this issue.

x. every committee should have enough resource to help MPs to help them to convert their ideas into practicable laws and policies. So. It should be practiced more and more. Expertise is not the criteria to be elected. Very few bills are circulated for the purpose of eliciting public opinion. It should be stopped.ix. We are repeatedly using “removal of difficulties” clause. It is open secret that its mis- interpretation took a political crisis in BS 2059. xi. 39 . but the job of MPs demands.

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