As the federal government stumbles in its efforts to manage the Covid-19 crisis and limit its fallout, the need for the scrutiny and oversight of the national parliament is being acutely felt.
The delay in purchase of kits and logistics to fight Covid-19, the issue of people stranded in different parts of the country, the plight of Nepali migrant workers, PM KP Sharma Oli’s reported instruction to ministers and party leaders to stay away from the media, and the controversial recall and restoration of Doctor Sher Bahadur Pun from Sukraraj Hospital—are some issues that could have been credibly discussed and sorted out by an in-session parliament. Similarly, there are reports of local governments politicizing relief packages, and people in need not getting them.
“If the parliament had been sitting, it could have forced the government to address those issues without delay,” says political analyst Shyam Shrestha. It may be difficult to hold a full session of parliament due to the fear of the virus, Shrestha adds, but speakers, committee presidents and lawmakers can still play a more proactive role through videoconferences and other means. “But they seem blissfully unaware of the parliament’s crucial role in the current pandemic.”
After the imposition of the nationwide lockdown, the government had ended the parliament’s winter session. In the parliament’s absence, the only way the government can formulate urgent laws are via ordinances, a temporary measure rarely used in parliamentary democracies. Senior Advocate at Supreme Court and National Assembly member Radheshyam Adhikari thus urges the government and political parties to summon the federal parliament at the earliest. The parliamentary procedures allow the government to call a special session of parliament during a crisis.
“We can convene the parliament after adopting sanitary measures such as washing hands before attending meetings, disinfecting the meeting hall, and barring lawmakers who show virus symptoms,” he says.
No time to hibernate
The government shortened the parliament’s winter session even though there was no legal or constitutional obligation to do so. The 275 members of the House of Representatives and the 59 in the National Assembly are effectively on a break.
Different countries have different ways of running their parliaments during a crisis. The Inter-Parliamentary Union, a global think-thank on Parliament, offers some suggestions.
Only the parliament committees may meet; or the parliament can meet virtually using remote methods. “Many countries are changing their laws to allow the virtual functioning of parliament with a view that lockdown could be extended for long,” the union says.
In Nepal, some parliamentary committees as well as the upper house did try to meet virtually but such meetings were ineffective. Adhikari of the federal upper house says the problem is lack of sophisticated technology to keep the participants engaged. “There is thus no option to physical meetings,” he adds.
Lawmakers suggest convening parliamentary committees of House of Representative, National Assembly and Provincial Assemblies to take up pandemic-related issues. If the cabinet can meet, why can’t parliamentary committees, they ask?
Another Nepali Congress federal upper house lawmaker Prakash Pantha also thinks there should have been more effort to keep the parliament open and functional.
During the pandemic, the government needs to pass emergency bills to allow government to exercise additional powers. In the absence of the parliament, the government is free to introduce ordinances or decrees, which, often, instead of addressing underlying problems, only end up serving vested interests.
Sufficient budget and resources are needed to fight the pandemic. If the current pandemic budget is insufficient, budget needs to be transferred from other heads. For instance, the federal government wants to use the money allocated under constituency development fund, but in the parliament’s absence, it has been unable to do so.
Missing collective wisdom
“During a time of crisis, there is a tendency to justify a centralized leadership. Yet that does not mean the executive cannot make mistakes and does not need check and balance,” says Shrestha, the political analyst. “There is a need for collective wisdom right now, and it is not just about criticizing the government but also supporting its genuine efforts.”
Another important role of the parliament is to hold government accountable. Ruling Nepal Communist Party federal lower house lawmaker Birodh Khatiwada says the parliament can play an important role in monitoring government response to Covid-19. “Discussions are underway on making the parliament functional. If it cannot sit, the parliamentarians can at least monitor the work of the federal, provincial and local governments in their respective constituencies,” Khatiwada says.
Former Prime Minister and Chairman of Federal Council of Socialist Party Baburam Bhattarai, another lower house MP, is also taking the initiative to hold virtual meetings of parliamentary committees. The meeting of the Finance Committee he is a part of was scheduled for April 19, but was put off at the eleventh hour. Expressing his displeasure over the decision to cancel the meeting, Bhattarai tweeted, “Speaker, Committee chair and all concerned were positive on the virtual meeting. If there are legal issues to hold such meetings they should be resolved.”
As per constitutional provisions, the government will have to table its budget in the parliament by May-end. Before that, the president will present government policies and programs. The parties are yet to discuss the kind of constitutional crisis that will ensue if the parliament cannot meet for the budget session. Substantive anti-Covid-19 measures are apparently planned for the budget session. Yet the parliament could not be convened too soon.
