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The budget session of the Parliament is set to begin on May 10 with the main purpose of endorsing the budget for the fiscal year 2024-2025. As per the constitutional provision, the government must table the budget by May 28. However, it remains uncertain whether the main opposition Nepali Congress (NC) will allow a smooth functioning of the House session, a prerequisite for tabling and deliberating on the budget bill.

The winter session of the parliament ended following a prolonged obstruction from the NC. This compelled the government to issue ordinances on crucial investment-related laws. The NC has been demanding formation of a parliamentary panel to investigate Deputy Prime Minister and Home Minister Rabi Lamichhane's alleged involvement in the misuse of cooperative funds. The victims of cooperative frauds have filed cases against Lamichhane in Pokhara and other places, but state agencies have shown a lack of enthusiasm to investigate the matter. Ahead of the parliamentary session, the NC's parliamentary board meeting has reaffirmed its stance that an inquiry panel should be formed for smooth functioning of the parliament. Lamichhane and senior ruling party leaders, however, maintain that there is no need for a probe panel specifically targeting Lamichhane. While the ruling parties seem to have agreed to form a panel to investigate overall cases related to cooperatives, the NC insists on a Lamichhane-centered investigation panel. On this issue, both ruling and opposition parties should find a middle ground, as the budget process should not be obstructed for any reason. Currently, with the country facing an economic crisis, people are eagerly awaiting the measures the government will take through the budget to address the situation. Recent history shows that both ruling and opposition parties cannot bear prolonged obstructions of parliament and have to arrive at a middle ground. 

Our political parties are adept at seeking win-win solutions through abstract and vague compromises. They can apply the same formula this time too. Both the ruling and opposition parties should act responsibly to end parliamentary obstructions without delay. There is no doubt that questions surround Lamichhane, and people want to know the actual status. The only option for political parties is to pave the way for an investigation against Lamichhane while also allowing parliament to function smoothly. Parliament should be allowed to hold discussions on various aspects of the budget, which is the main duty of our lawmakers.

Purna Chandra Bhattarai is a former government secretary who has gained vital experience and expertise while serving in various ministries and their subordinate bodies, especially relating to social security programs, poverty alleviation, labor market, and employment. He was also part of the Social Security Plan Study Committee, whose report formed the basis for the Social Security Fund. He also served in the National Employment Program Study Committee that helped shape the current Prime Minister’s Employment Program. Here is how he sees Nepal’s social security program. 

Social security

Humans face crises in various stages of their life cycle. And, it is the duty of the state to provide security from risks to citizens who are in economic and social crises for the protection of their human dignity. Social security is an important tool that a state can employ to protect its citizens from various crises. The scope of social security may vary depending on the political system and the concept of welfare state adopted by the country. 

Citizens could face difficulties in maintaining minimum livelihood due to poverty, illness, disasters, disabilities, old age, or other reasons. Under such circumstances, social security schemes can be vital to ease their troubles. That’s why social security and protection are perceived as rights of citizens and as human rights. 

Scenarios 

Take recurring events like floods, landslides, and fire that cause significant financial losses to many people for example. Or consider events like the 2015 earthquakes and the Covid-19 pandemic that pushed a large population below the poverty line. The poverty rate has been observed at 20.27 percent, according to the third Living Standards Survey. Likewise, according to the latest census, 27.83 percent of the population is below 14 years of age, 10.21 percent are over 60 years old, and 2.2 percent are disabled. Similarly, more than six percent of the total female population are widows. Single women and at risk communities need to be covered by the state's social security umbrella. Disasters and crises can strike anyone, anytime, and in any way. Thus, social security is necessary to protect citizens from such risky situations and to guarantee them dignified living conditions.

Nepali context

In Nepal, the concept of social security is formally seen through the Army Welfare Fund (current Employees Provident Fund), which has been established since the Rana regime. It has been a subject of much discussion in Nepali society since the distribution of pensions started with a rate of Rs 100 per month from 1994 (approximately 30 years ago). Currently, various social security programs such as scholarships, daily meals, free textbook distribution, elderly citizen allowances, support for the disabled, Prime Minister’s Employment Program, and more than 80 other social security programs are being implemented in Nepal.

Types of social security

Social security programs are primarily of three types: first, social assistance; second, social security based on contributions; and third, labor market interventionist programs. Social assistance is provided to individuals and families who are economically and socially vulnerable or do not have access to basic services. This includes cash and in-kind support, social security benefits, primary health care services such as maternity security programs, free basic health care, scholarships, daily meals, etc. The second type is contributory social security and social insurance programs for livelihood protection and protection from risks. These programs provide benefits based on contributions made by relevant individuals and institutions. Such programs include retirement benefits, social security schemes (health insurance, accident insurance, dependent family security, children's education grants, various facilities related to safe maternity), employee provident funds, national health insurance programs, citizen investment funds, foreign employment welfare funds, etc. Third, labor market-related programs are aimed at increasing employment and productivity in the labor market, including skill development training programs such as vocational training, youth self-employment, Prime Minister's Employment Program, food or cash for work scheme, employment support, unemployment facilitation program, etc.

Guidelines

It is the responsibility of the state to support citizens facing difficult situations. Social security is recognized as a human right under Articles 22 and 25 of the International Declaration of Human Rights. Article 34 and 43 of the Constitution of Nepal also include social security as a fundamental right. Article 34 mentions the right to social security based on contributions for every worker, while Article 43 mentions the right to social security as a fundamental right for economically and socially vulnerable, disabled single women, disabled, orphaned children, those unable to fulfill their own aspirations, and backward caste citizens. Additionally, the concept of ‘Leaving No One Behind’ has been adopted as a commitment to inclusive development. Nepal has adopted national commitments to achieve sustainable development through social protection mechanisms, including establishing a nationally appropriate social protection system that helps vulnerable and at-risk communities, and developing resilient, flexible, and effective systems to prevent, reduce, respond to, and build resilience against risks. Nepal has also made international commitments in this regard.

Challenges

The foremost challenge today is to create a common understanding of the need for social security and related concepts. In recent times, all three tiers of government—federal, provincial, and local—have been competing in cash distribution programs in the name of social security. Maintaining a balance between significant political ambitions, the state's unlimited responsibilities, and limited financial capacity is crucial to establish an autonomous, contributory, sustainable, and productive social security plan. Once a social security assistance program starts, the likelihood of its withdrawal decreases significantly. Therefore, it is essential to conduct in-depth studies and analysis before making a decision.

In some situations, lengthy administrative processes have hindered the inclusion of at-risk groups in the social security scheme. These excluded groups include individuals without citizenship, single women, Dalit children, and persons with disabilities. There are also several incidents of some people presenting fraudulent records to take social security benefits.

Similarly, federal, provincial, and local levels have begun implementing identical social security programs independently. Some local levels have even increased the distribution amount of federal grants. Different bodies operating similar programs in the same place are also seen. The Government of Nepal has implemented programs such as the Prime Minister's Employment Program, while provinces have their Chief Minister’s Employment Programs, and some local levels have Chairperson/Chief Employment Programs.

Moreover, another significant challenge in social security and protection-related programs is financial sustainability. Currently, the number of people receiving social security benefits is much higher than before. In fiscal year 2080/81 BS, social security allocation was Rs 258bn. This amount accounts for 14.8 percent of the national budget. The development budget allocated to the social security sector is larger than before.

Another challenge is to make social security contributions-based systems inclusive for all. In addition to the formal sector, informal sectors, self-employment, and foreign employment should also be included in the social security system. Individuals included in this system receive benefits related to sickness, accidents, or disabilities, ensuring security for dependent families and elderly individuals. Making social security a necessity ensures that individuals can benefit, while reducing the burden on the state. In the last five years, there has been no increase in the participation of employers and contributors as expected. Similarly, health insurance programs are also very sluggish. Therefore, special efforts by the state are necessary for contributing to development in this contribution-based social security sector.

Targeted group

Another challenge seen in the context of social security is the identification of targeted groups. Instead of focusing on genuine at-risk groups, social security has become excessively distributive for political gains. This makes it difficult to target social security to the most needed groups. Currently, it is estimated that only around 32 percent of the population benefits from social security and protection programs, while the country aims to include 80 percent of the population in such assistance by 2030 as part of the sustainable development goal.

Effective measures 

It is necessary to prepare social security policies and structures (floor) related to social security in an integrated manner to bring them into a unified system. In addition, it is essential to expand the reach of programs to targeted groups by managing economic expenditure efficiently within the state's financial system. Moreover, it is necessary to develop a system where individuals can manage their own arrangements by increasing participation in social security based on contributions. Currently, around 35 percent of employee expenditure is spent on pensions, and it is necessary to include government employees in contributory pension programs. Furthermore, an integrated registry system is essential to prevent duplicate payments in social security. Similarly, effective identification of the real poor and implementing poverty identification programs is essential to make social security effective. In addition, even though the state encourages programs from time to time, special efforts are required to bring informal sectors into social security.

Social security is a joint venture between the state and citizens. Citizens themselves should be involved in social security by contributing to appropriate structures. Civil society organizations can play a role in advocating for programs related to social security, raising awareness at the grassroots level, and increasing participation. Individuals who do not need social security in society can also contribute voluntarily, inspiring and honoring social organizations. Citizen society needs to raise voice and support for the inclusion of the necessary groups, genders, and communities in social security programs and to advocate for inclusion.

These measures will not only make social security more effective but also contribute to building a more inclusive and resilient society.

Ways to strengthen it

There are three ways to strengthen the social security system: (I) Social assistance: Creating situations for people who are not able to avail themselves of necessary facilities, such as identification of targeted groups, eliminating duplicates, and creating situations for those who cannot avoid. (II) Contribution-based social security: Expanding the scope of contribution-based social security, incorporating those engaged in informal sectors, self-employment, and foreign employment into its fold, and continuously engaging them in contribution-based programs such as health insurance, contribution-based pension, etc., to make them more effective and impactful. (III) Intervention in the labor market: Engaging in employment-based campaigns and programs outside the political sphere to connect employment with skills and the market.

Achieving effective coordination 

The Constitution and the Social Security Act 2075 have entrusted the responsibility of social assistance, especially direct cash transfers for social assistance, to the federal government and the responsibility of implementation to the local level. If poverty alleviation, which falls under the responsibilities of all three levels of government, is to be achieved, then the authority area of all three levels also needs to be expanded. Therefore, it is necessary for the Nepal government to centralize policies, standards, and financial resources for social security in employment-based programs at the provincial level. In order to overcome the crisis in the citizens' life cycle that does not receive political benefits from social security, it is necessary to consider protective measures in the form of necessary protection measures. It is also essential to establish institutional mechanisms for coordination among the governments of all three levels in this regard.

Our last day's adventure at the Jungle Island Resort (read previous story), Bandarjola, Chitwan National Park, was a sightseeing tour of the Magar crocodiles and the inimitable Gharials. That meant almost a two-hour ride in a narrow dugout canoe in the Narayani River. It sounded great to my family but me. It was a no-go for me flat out because I was too scared of water—virtually to a fixation.

I had reasons for my fear of water, and the story behind it goes like this: Once, in the lake city of Pokhara, I went fishing in a narrow two-person dugout with a local guy in Lake Phewa. Everything was going fine, and we managed a few catches, too.

But the weather turned sour without any warning, and we were caught unawares by a massive thunderstorm. Barely had we made half the distance to the banks across the lake when the narrow dugout started filling with heavy rainwater almost to the level of the hull.

Panic-stricken, I frantically bailed the water out with a small bucket we carried while my local guide furiously worked the paddles. Suddenly, I realized that I didn't know how to swim!

After what appeared like a half-hour, the dreadful ordeal ended, though. The rain fell back, and we made it to the safety of the banks. Phew! "That was a close call," I mumbled to myself. From that day onwards, I never considered doing a boat ride again and steered clear of even a swimming pool in the bargain.  

I walked my excited kids and wife to the riverboat yard and waved them goodbye as the canoe slid into the water. I had two hours to kill before they would be back. I spotted a shack with a few chairs and benches close by. It turned out to be a tea shop.  

The tea made from buffalo milk had that typical Terai hallmark—thick and cloyingly sweet. I could not resist and went for a second cup. As I was about to sip my tea, my eyes fell upon a distant elephant hulking down in my direction. At a closer look, the mounted figure looked very familiar. Wait a minute! He was none other than Kumal and the elephant, every inch, Laxmikali.  

I greeted him with a wave and asked him to join me for tea. He was all smiles to see me and broke into a chuckle when I told him sheepishly my excuse for not joining my family for the canoe ride.

As our chat followed, I suddenly observed a scar running on his face from the left side of the lip and cheek to almost the side of his temple. I missed the scar the previous day when we were on the mind-boggling elephant ride. I could not help asking him about it. And my jaws dropped when Kumal recited the story that took place several years ago.  

"The incident took place while I was doing a routine safari ride for two foreign guests," Kumal said. "I had with me the same elephant, Laxmikali." Kumal pointed his finger at the nearby Laxmikali, tugging at a patch of sod with his trunk.

"Shortly, we ran into a sloth bear right on our track," he continued. The bear stood guard for her cub perched on a Jamun tree (java plum) branch some 15 feet above the ground. Jamuns are a favorite of bears. Kumal's long experience in the park's forest told him a lone bear, except for a brief display of aggression, did not pose a genuine threat to humans.

But a mama bear in her cub's company could turn into quite another story—the most unpredictable. She can turn nasty and is as often as not likely to attack, even if the least provoked.

Instinct made Laxmikali stop in her tracks, but she did not take alarm. Such encounters were not uncommon during safari rides. Kumal thought it better to give the bear a wide berth, though. The last thing he wished for was a face-off.

It was too late! Without warning, the mother bear swung around towards Laxmikali and charged at a run with a blood-curdling growl, baring her fangs.

From 15 yards, the mother bear closed in on a bound and kept coming! She stopped at a few paces, stood on her toes, and snarled. Laxmikali froze, so did Kumal. 

The moment of truth had arrived, thought Kumal. The silence behind the howdah also spoke about the guests' plight. As Kumal's concern was their safety, the only course left for him was to make a slow retreat. But as he nudged Laxmikali with his toes to step back, the bear struck, taking a nasty bite of her trunk. Everything happened in the blink of an eye.

Before Kumal knew it, mayhem struck, and Laxmikali went berserk. She retaliated with an ear-splitting trumpeting that shook the ground, the sound tearing for miles into the dense forest. Still, in a befuddled state, Kumal watched in dismay as Laxmikali bounded for the tree instead of turning up on the bear. She lashed her trunks onto the branch to pull the terrified cub down. The guests watched from the howdah, stunned.

The drama seemed unrelenting as the desperate club clutched a tree branch for dear life. Stupefied by Laxmikali's unexpected onslaught, the bear wavered and backed off but resumed her vicious lunges again. Thank heaven. So far, no harm had come to the guests, mused Kumal, sweat running down his forehead, almost blinding his eyes.

However, he realized the situation was getting out of hand. He tried his best, but no coaxing or sharp clouting worked to curb Laxmikali's fury.

Frothing at the mouth, she flailed her trunk wildly to knock the bear cub down. Meanwhile, the mother bear's challenging huffing, woofing, and lunges appeared feeble. She likely thought better of it against the animal ten times her size.

Suddenly, there was a loud crack. Before Kumal could gather his wits, a stout branch came crashing down, hitting him in the chest. Another hit the side of his face, almost knocking him off Laxmikali's back. He blacked out, a searing pain gripping his chest.

The traumatic state must have lasted a few seconds before Kumal recovered. He instinctively felt for his face to find a bruised lip and a deep gash on the side of his face. His fingers came back sticky with his warm blood.

Alarmed, he turned back. His eyes fell on one of the howdah supports, broken in two. Horrified, he looked at the guests. His guests, though almighty shaken, remained safe. He took a sigh of relief.

With blood streaming down his face, he tried to size up the predicament. Laxmikali's hulking flanks still twitched with intense rage, and she seemed prepared for another attack. The drama took a sharp turn, though—the cub hurtled down to the ground and scampered to its mother. Two meters from Kumal, the mother bear held her ground and continued the face-off. The little cub cowered, huddling behind her.

Providentially, two safari elephants converged on the scene for Kumal's rescue at that very moment. Guided by the shouts and commotion, they had decided to dash to the spot. Upon seeing two more elephants as backup, the bear thought it wise to slink away with her cub, ending the gory drama. "I had to have seven stitches to my face. It took over a month for me to recover," said Kumal.

As Kumal wrapped up his story, I could still feel the hairs on my arms stand on end. After an exchange of pleasantries, Kumal left for his quarters with Laxmikali striding along proudly. The duo soon disappeared into the vernal woods as I ordered a third cup of tea.  

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During the drafting of the Constitution of Nepal, there was a comprehensive debate about what should be the substance and structure of the National Assembly of the Federal Parliament. That time, there were two schools of thought. One opinion was that the National Assembly should be the subsidiary or subordinate to the House of Representative (Lower House). But the second opinion was fundamentally different. The second opinion was that the National Assembly must be powerful, inclusive and of good quality. But numerically, the first opinion had the majority. So finally, the National Assembly was created in line with the first opinion. Hence our National Assembly was constitutionally made weak and subordinate to the Lower House. Same people have/had the control and influence in Lower House right after Constitution promulgation in two big parties in Nepal. So, they made the National Assembly deliberately weak legally too and made it subordinate to the Lower House while drafting the House Regulations.

When we look upon the content and structure of the Upper House in India, UK and other bi-cameral Houses, we see that the making and breaking of the government is the sole right and responsibility of the Lower House. Presentation of fiscal budget (Finance Bill) is also always done in the Lower House. These two rights, everywhere, are exclusively always reserved for the Lower House. But except these two, all other rights and responsibilities are almost equally divided between the two Houses. This world standard, though, does not comply or match in the context of Nepal. Our Federal Parliament was exclusively made with the main focus on the Lower House and it was deliberate and intentional.

In India, legislative, executive, judicial, electoral, amendment rights and even some special powers were constitutionally given to the Upper House. India is a model of how the Upper House is functioning in a parliamentary democratic country.  In the UK, the Upper House scrutinizes legislation, holds the government to account, and considers and reports upon public policy. Peers may also seek to introduce legislation or propose amendments to Bills.

Where are the faults and weaknesses?

 In Constitution:  Article 111 of the present Constitution creates discrimination and inequality between the two Houses with regard to passing the Bills.

Basically, sub-article (2), (4), (5) and (10) are discriminatory. Sub-article (2) only gives 15 days’ mandatory time to the National Assembly for discussion and sending it back to the Lower House with regard to the Finance Bill.

Sub-article (4) gives the discretionary right to the Lower House and says if the National Assembly does not send it back to the Lower House within 15 days, the Lower House can send this Bill to the Head of State for authentication.

Sub-article (5) gives mandatory two months to the National Assembly to send it back to the Lower House in case of all other normal Bills passed by the Lower House. But it is not vice-versa. Here, the Lower House has the monopoly. The Lower House does not have a time limit. It is an extremely discriminatory provision for the National Assembly.

Sub-article (10) also gives the upper hand to the Lower House. It says if any Bill is under consideration in any House and the Lower House has dissolved or ended its tenure, the Bill will be passive. These are the discriminatory provisions in the Constitution, which need immediate amendment.

Faults and discrimination in the regulation: Clause (6) of the Joint Regulation of the Federal Parliament says that the Speaker will preside over the meetings of the joint House. The Chairman of the National Assembly can only preside over the session if the Speaker is absent. This is not respectful and just to the National Assembly’s Chair. It has to be turn by turn.

Clause (25) of the Joint Regulation is also extremely discriminatory and unjust. It is about the Parliamentary Hearing Committee. There is the provision of a 15-member Committee. There are 12 members from the Lower House and only 3 members from the National Assembly. This is not fair, not representative, not inclusive and undermines the respect, dignity and image of the National Assembly. There has to be at least 5 members from the National Assembly.

 There are two Joint Committees in the Federal Parliament. One is the Parliamentary Hearing Committee and the other is the State’s Directive Principles, Policies and Liability Implementation, Supervision and Evaluation Committee. In eight years of Constitution implementation, members of the National Assembly never got a chance to become the Chair of either committee. This is also a discrimination and domination of the Lower House.

Sub-clause 33(4) of the same regulation is also not fair. It states about the number-ratio of other Joint Committees. The ratio is 1:5—one from the National Assembly but five from the Lower House. The point is that the ratio is unjust.

Sub-clause (44) of the same regulation is also unfair and dominating. It says that, whatever mentioned in the Joint Regulation, all activities take place accordingly. But whatever is not mentioned, will be done as per the provision of Lower House’s Regulation. This has established the supremacy of the Lower House over the National Assembly.

First and foremost, the mindset of political leadership, government and media should be changed in regard to the National Assembly. They do not pay much attention and importance to the National Assembly. The reason is that it has no role in making or breaking a government. They have only a little knowledge about the role and responsibilities of the Upper Houses of other countries. Parties are also sending cadres to the National Assembly, who are less qualified and less competent.

In conclusion, Nepal's National Assembly faces challenges rooted in its constitutional framework and parliamentary regulations, leading to a subordinate status compared to the Lower House. Discriminatory provisions in the Constitution and Joint Regulation undermine the role and representation of the National Assembly. To address these issues, there's a need for constitutional amendments to ensure equality between the two houses and a shift in mindset among political leaders, government, and media to recognize and respect the importance of the National Assembly in the country's governance. This would promote a more balanced and effective bicameral system in Nepal. Hence to make our National Assembly more powerful, inclusive, democratic, effective and of better quality and of world standards, we have to amend the Constitution, change the House Regulations as well as the mindset.