Prez Paudel stresses on making Parliament's role effective

President Ram Chandra Paudel has stressed on the need of strengthening federalism, good governance and the rule of law. 

For this, the President said, the Parliament should play an effective role to make the government responsible and accountable to the people.

"It is your responsibility to make the role of Parliament more effective to make the government responsible and accountable to the people to strengthen federalism, good governance and rule of law," the Head of State said at a program organized at the Office of the President today for handing over the Pokhara Declaration of the Inter-Parliamentary Forum.

President Paudel suggested to the government and the Parliament to develop the Parliament as a place where the voice of the sovereign people can be voiced in the context of complaints being made public that some important constructions have been delayed and there is not enough discussion in Parliament on issues of public concern.

"I expect additional readiness from you to build an efficient, accountable and people-responsive Parliament in the days to come, embracing the opportunity to learn from parliamentary practices," he said.

According to the President's Private Secretariat, the President on the occasion stated that Parliament should position itself as a place for effective law making, budget formulation, policy formulation and raising the voice of the people.

The President was of the view that the federal parliament should create an inclusive, long-term and development-friendly legal framework.

"Law-making and transparency are beautiful aspects of the democratic system. Therefore, your cooperation is essential for the successful implementation of federalism by further strengthening the role of parliament," he reiterated.

 

Parliament’s winter session to commence from today

The Winter session of the Federal Parliament is convening at 1 pm today. This session is also called the 'bill session' as it will mainly focus on deliberation and endorsement of important bills, besides other regular business. 

Top leaders of the political parties, including Prime Minister KP Sharma Oli, are scheduled to address the opening meeting of the session today.

As per the preliminary meeting agenda of both houses of Parliament shared by the Federal Parliament Secretariat, Speaker Devraj Ghimire will nominate members to preside over the meetings in accordance with the Rile 10 of the House of Representatives Regulations, 2079 BS.

Prime Minister Oli is scheduled to table the Ordinance Amending Some Nepal Acts Related to Promotion of Good Governance and Public Service Delivery, 2081 BS in the meeting today.

Similarly, Deputy Prime Minister and Finance Minister Bishnu Prasad Paudel will present in the Parliament meeting today the Economic Procedures and Financial Responsibility (First Amendment) Ordinance, 2081 BS, the Privatization (First Amendment) Ordinance, 2081 BS, and the Ordinance Amending Some Nepal Acts Related to Improvement of Economic and Business Environment and Investment Promotion, 2081 BS.

Minister for Land Management, Cooperatives and Poverty Alleviation, Balaram Adhikari, will present the 'Ordinance to Amend Some Nepal Acts related to Cooperatives, 2081BS' and the 'Ordinance to Amend Some Nepal Acts related to Land, 2081 BS'.

Likewise, the ordinances, including the ordinance to amend some Nepal Acts related to the promotion of good governance and public service delivery, to be presented in the House of Representatives meeting today, will also be tabled in the meeting of the National Assembly.

According to the agenda, PM Oli will present the Ordinance Amending Some Nepal Acts Related to the Promotion of Good Governance and Public Service Delivery, 2081 BS in the National Assembly meeting.

President of the Legislation Management Committee Tulasa Kumari Dahal will present the committee's reports on the Media Council Bill, 2080 BS and the Renewable Energy and Energy Efficiency Bill, 2081 BS in the meeting.

 

Editorial: Avoid splitsville

Article 93(1) of the Constitution of Nepal, 2015 states that the interval between the two consecutive sessions of the federal parliament shall not be more than six months. The budget session was prorogued in mid-September 2024, meaning that the deadline for convening the winter session has not passed.

Notwithstanding this provision, the winter session should already have begun in accordance with a prevailing practice of convening the session within three months after the prorogation of the budget session.

With over 20 bills pending, lawmakers have their hands full. The parliament will need ample time for deliberations on each bill and for incorporation of concerns coming from lawmakers as law-making in a democracy is not done at the crack of a whip.

So, what is stopping the government from recommending the President to summon the winter session?

Some existential crisis, fear of criticism or some other factor?  

What’s exactly cooking in the corridors of power?

Media reports point out that the government has some other designs. Rather than stepping up preparations for the session, the two major ruling parties—the CPN-UML and the Nepali Congress—are in talks to introduce an ordinance that will actually ‘facilitate’ the splitting of political parties.

 These dark-room negotiations and delay in convening the session have not gone unnoticed. Speaking at a program of the Federal Parliament Secretariat recently, the Speaker of the House of Representatives expressed dissatisfaction over the delay in convening the session. Describing the government as the child of the parliament, he accused the child of sidestepping, undermining and even boycotting the mother.

Lawmakers from the opposition parties have objected to this style of functioning, accusing the government of seeking to rule through ordinances, ignoring the voices of the people and trying to avoid criticism.

On their part, some ministers and ruling party leaders have conceded that inter-party talks on whether or not to present the bill on splitting of political parties during this session are in progress, indicating that the winter session may convene in about a fortnight.

Summing up, the government should learn some bitter lessons from similar misadventures instead of trying to ‘facilitate’ the split of parties for temporary gains, rule through ordinances and undermine the concerns of the opposition and the people if it indeed wants the polity to stabilize and deliver.

Budget session of Federal Parliament ends from midnight today

The budget session of the House of Representatives (HoR) and National Assembly (NA) has ended effective from midnight today.

In a HoR meeting this afternoon, Speaker Devraj Ghimire read out a letter received from the Office of the President stating that the current session of the Federal Parliament was concluded.

The Council of Ministers on Sunday recommended the President to end the ongoing session of the Federal Parliament as per Article 93 (2) of the Constitution of Nepal.

In today's HoR meeting, Speaker Ghimire shared the major highlights of the ongoing session of the HoR.  

In this budget session, the 56 meetings of the HoR were held in 53 days and the session continued for 130 days, Speaker Ghimire said.

In this session of the HoR, eight governmental and one non-governmental bills were registered and five of them have been passed from both HoR and NA, while three others are under consideration in parliamentary committees, Ghimire added.

 

Economic Procedures and Fiscal Responsibility Bill registered in Parliament

The government has registered a bill to amend the Economic Procedures and Financial Responsibility Act, 2076 BS in the Parliament.

The government has registered the bill in the Parliament to provide enough time for the discussions on the government's policies and programs and the annual budget submission process, to manage the additional financial obligations owed to the government by public bodies outside the budget system and to make the provisions on reducing wasteful expenditures effective.

Finance Minister Bishnu Prasad Paudel has registered the bill in Parliament last Friday with the aim of regulating the operation, management and related economic activities of the Federal Reserve Fund and other government funds as well.

The decision of the Council of Ministers on July 1 had given approval to submit the bill to the Parliament. Last January, the government started the process of amending the act through an ordinance, but the ordinance could not be passed by the Parliament within the specified time.

A provision has been added in the bill that the province, local level and public bodies outside the budget system (extra-budgetary) shall be subject to the prevailing laws related to such level or body and keep accounts in accordance with the approval of the Comptroller General's Office.

The National Planning Commission, in coordination with the Ministry of Finance, is going to amend the provision that the projection of the available resources and the limits of the expenditure that can be incurred in the next three years for the purpose of formulating the med-term expenditure structure and the budget and program of the next fiscal year must be completed by the 15th of January of the current fiscal year.

It is mentioned in the bill that the budget ceiling should be prepared by the end of mid-February.

Similarly, the bill states that the report on resource estimation and determination of the expenditure ceiling prepared by the National Resource Estimation Committee coordinated by the National Planning Commission's vice-chairperson should be submitted before the finance minister around February 18.

"The guideline and outline related to budget formulation should be sent to the related ministries, commissions, secretariats or entities within Fagun 7 (around February 18) of the current fiscal year. The guideline and outline should mention the budget ceiling, the outline of the mid-term expenditure structure, including the necessary amount in line with multi-year resource guarantee of the national pride projects, for the formulation of the budget for the next three years and remaining within the resource and expenditure ceiling fixed by the Resource Estimation Committee," reads the bill.

An amendment proposal has also been registered seeking to amend Clause 11 of the main Act. The provision of the finance minister presenting before the Federal Parliament the principles of the budget and programs, and the project or program priorities to be included in the Appropriation Bill at least 15 days before presenting the Bill, is being amended.

According to the provisions of the bill to amend the Economic Procedures and Financial Responsibility Act, the principles and priorities of the budget and programs should be presented before the Federal Parliament three months ahead. The Federal Parliament shall forward within the 15th of Chait any suggestion or directive or any topic to be included or removed on the principle and priorities of the government after completing deliberations in principle on it.

Similarly, the bill has also amended the provision on the deadline for 'budget surrender' to be made to the Ministry of Finance.

Editorial: A milestone in transitional justice

The House of Representatives has endorsed the amendments to the transitional justice-related law of 2014. This marks a significant step forward in healing the wounds of the nation’s decade-long armed conflict. Nearly two decades after the signing of the Comprehensive Peace Accord (CPA) between the government and the Maoist rebels, the consensus among parties on this crucial law offers hope for thousands of conflict victims, who have been awaiting justice for a long time.

Now that the bill has been passed, the hard work of implementation has begun. The formation of two independent, powerful and well-resourced commissions—Truth and Reconciliation Commission and Commission of Investigation on Enforced Disappeared Persons—will be crucial to the success of this process. The two commissions must have the authority and means to thoroughly investigate human rights violations, establish the truth about past atrocities and recommend appropriate measures for justice and reconciliation.

Nepal’s post-conflict journey has been fraught with challenges. The first justice-related law brought in 2014 courted controversy due to provisions allowing blanket amnesty for serious human rights violations. The Supreme Court’s order for amendments to align the law with international standards led to delay and political maneuvering for years. After a long delay, the government led by then Prime Minister Pushpa Kamal Dahal registered a bill to amend the 2014 law in parliament in March last year. The three major parties—Nepali Congress (NC), CPN-UML and CPN (Maoist Center) - then formed a three-member task force to iron out their differences. The task force broke the deadlock last week and paved the way for this legislative breakthrough.

The bill addresses some of the most contentious issues. Arbitrary and cruel killings have now been defined as serious cases of human rights violations. Additionally, the bill allows for reduced sentences of 70-75 percent in certain cases on the recommendation of the Attorney-General. These changes represent a balance between the call for justice and the practical considerations of national reconciliation. As the bill moves to the National Assembly and awaits presidential approval, it is crucial to ensure that the process does not stop here. The legislative process moved ahead even though the ruling coalition and government changed during the period.  Parties need to be lauded for this. However, continuous efforts must be made to engage conflict victims and ensure that their voices are heard and their needs addressed throughout the justice process.

The passage of this bill is not an end but a beginning. Its success hinges on the commitment of all stakeholders to confront the past, provide justice where due and forge a path toward national healing.

Bangladesh Parliament dissolved, president's office says

Bangladesh's parliament was dissolved on Tuesday, the president's office said in a statement, a day after Prime Minister Sheikh Hasina resigned and fled the country following violent protests demanding her ouster, Reuters reported.

The announcement came hours after protesting student leaders set a deadline to dissolve parliament and warned a "strict programme" would be launched if their deadline is not met.

Policeman shoots himself dead at Parliament building

In an apparant case of suicide, a Nepal Police constable, who was deployed for the security of Parliament building in New Baneshwor, shot himself dead on Wednesday.

A police source said that Ajit Gole (22) shot himself in the head with his service rifle while he was on duty at around 8 am today.

Gole, who was deployed at gate number 2 of the western gate of Parliament building, died on the spot.

Kathmandu Police Range SP Nawaraj Adhikari said that Gole, who was on duty since 6 am, was found dead in the toilet at around 8:15 am.

He was a permanent resident of Melung Rural Municipality-4, Dolakha.

Government unveiling annual budget today

The government is unveiling the budget for the fiscal year, 2081/82 BS today.

Finance Minister Barshaman Pun is scheduled to present the budget in the joint meeting of the federal Parliament at 1 pm today.

He is presenting the details on estimated annual spending and revenue, according to the Parliament Secretariat.

As per Article 119 of Constitution of Nepal, 2072, the government is obliged to present the annual budget in the joint meeting of the federal Parliament.

 

Economic Survey tabled in Parliament amidst opposition parties’ obstruction

Economic Survey for the fiscal year 2023/24 has been tabled in the Parliament meeting on Sunday.

Finance Minister Barshaman Pun on behalf of the government tabled the Economic Survey in the meeting of the House of Representatives this afternoon.

The main opposition Nepali Congress lawmakers stood from their respective seats and picketed the well soon after Speaker Devraj Ghimire gave time to Finance Minister Pun to table the Economic Survey. Later, marshals took Minister Pun to the rostrum.

Lawmakers of the opposition parties including the Nepali Congress have been chanting slogans demanding formation of a parliamentary probe committee to investigate fraud charges against Deputy Prime Minister and Home Minister Rabi Lamichhane.

Finance Minister Pun tabled the Economic Survey amidst protest from the opposition parties.

 

 

 

Government policies and programs tabled at Legislature-Parliament amid protest

The policies and programs for the upcoming fiscal year 2024/25 have been tabled in the meeting of the House of Representatives on Tuesday.

Prime Minister Pushpa Kamal Dahal tabled the policies and programs in the meeting of the Legislature-Parliament this afternoon amidst protests from the opposition parties.

President Ram Chandra Paudel had presented the government’s policies and programs on May 14.

Speaker Devraj Ghimire announced that the motion of thanks to the President for presenting the government’s policies and programs was endorsed by majority amid sloganeering.

A time has been fixed to discuss the policies and programs.

Lawmakers have been notified to note down their names to take part in the discussions.

In the meeting, Deputy Prime Minister and Home Minister Rabi Lamichhane had presented a proposal to withdraw the ‘Ordinance on Political Parties (Second Amendment)-2080’.

Speaker Ghimire announced that the proposal was endorsed by a majority.

On the occasion, Minister for Industry, Commerce and Supplies Damodar Bhandari presented an ordinance amending some Nepal acts related to investment facilitation.

The next meeting of the House of Representatives will be held on Friday.

I should be allowed to speak in Parliament: DPM Lamichhane

Deputy Prime Minister and Home Minister Rabi Lamichhane said that he should be allowed to speak in the Parliament about the allegations leveled against him by the main opposition Nepali Congress.

He held a discussion with Prime Minister Pushpa Kamal Dahal and CPN-UML Chairman KP Sharma Oli on this issue in Singha Durbar this afternoon.

Saying that all have the rights to speak in democracy, Lamichhane said that he should be allowed to clarify about the allegations leveled against him in the Parliament.

The Home Minister said that he would respect the rights of the Congress to protest if it is not satisfied with his answers.

Lamichhane said that he has no other demand than to allow him to speak in the Parliament.

The Congress has been obstructing the Parliament demanding formation of a parliamentary probe committee to investigate fraud charges against Lamichhane.

 

 

Budget session of federal Parliament to commence today

The budget session of the House of Representatives and National Assembly under the federal Parliament will start from today.

The budget session is commencing today after President Ramchandra Paudel, in accordance with the Article 93 (1) of the Nepal Constitution, summoned the joint session of the federal Parliament on May 2 on the recommendation of the Council of Ministers.

It may be noted that the federal Parliament secretariat had already issued a notice requesting all members of the Parliament to attend the session called for 2 pm today at New-Baneswor based International Conference Center.

According to the constitutional provision, an estimated details of income and expenditure (budget) for the upcoming year has to be presented in the Parliament on May 28 (Jestha 15).

Earlier to this, the President will read out the government's annual policies and programs in the joint meeting of both the Houses.

In order to run the session effectively, Speaker Devraj Ghimire had already held discussions with top leaders of major political parties represented in the Parliament.

Editorial: Find a middle path

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.

How to make Upper House strong, inclusive?

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. 

Editorial: All eyes on budget

The government is preparing to summon the summer session of the parliament, or the budget session, from as early as next week. As per the Constitution of Nepal, 2015, the government must bring fiscal budget on May 28.

Except for some bright spots, the Nepali economy is passing through a challenging situation marked by diminishing demand and sluggish growth. Banks, which have lending capacity of over Rs 600bn, are seeing a lack of demand for loans as the private sector is not making new investments. The central bank's efforts to stimulate the economy through monetary easing have not yielded desired success. Purchasing power of consumers is dwindling due to factors such as youth outmigration and the lingering effects of previous interest rate hikes. These developments have eroded the consumption base that fuels economic activity. This has left businesses struggling with unsold inventories and underutilized production capacities. While the central bank has lowered interest rates to historic lows, this has become ineffective as there is not much improvement in consumer demand.  

It is evident that monetary measures alone cannot revive the economy. A combination of both monetary and non-monetary reforms that foster collaboration among the government, central bank, financial institutions and the private sector is what the economy needs. Non-monetary reforms should address structural issues hindering economic growth. Measures to boost employment opportunities can limit the outflow of potential consumers. Simultaneously, initiatives to improve productivity and competitiveness could bolster the private sector's confidence to invest. Furthermore, the government must play a catalytic role through targeted fiscal interventions. Expediting capital expenditure and clearing outstanding payments of construction entrepreneurs can provide an immediate boost to economic activity.

The National Statistics Office has forecast 3.87 percent GDP growth for the current fiscal year, which is more or less similar to the projections made by the World Bank and the Asian Development Bank. This shows a significant improvement compared to the previous fiscal year.  Addressing the demand-side constraints through a mix of monetary and non-monetary policies is crucial to continue this momentum.