Kathmandu. The influence of conflicting interests is increasing in the process of making important laws such as the Education, Bank and Financial Institutions Act (BAFIA) and the Cooperative Bill. The report of the commission formed under the coordination of Gauri Bahadur Karki to study the Genji movement has pointed out this.
The report states that there is a risk of affecting the interest of the state when private school operators, bankers and cooperative operators themselves are themselves involved in the law-making process by being at the parliamentary committee or leadership level.
The commission has given a 12-point approach to reduce the risk. The new government has proposed to reduce the number of parliaments according to the geography to solve the problems seen in the region.
Suggestions for troubleshooting:
TAG_OPEN_em_38 First of all, to reduce the number of parliaments, the constituencies should be restructured, which should be studied by geographers and other experts and the constitution should be amended after taking suggestions.
• To formulate and implement a work procedure for the Parliament and parliamentary committees to formulate laws, formulate a definite calendar for the formulation of laws and their effective implementation, if the parliamentary committee does not discuss and submit suggestions within the stipulated period, and to make the general public feel that the parliament has done an important job by informing the citizens about the work done as per the calendar at the end of each session. The same is true of the
TAG_CLOSE_em_37Provincial Parliament.
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• After the parliamentarians are elected, an existing law commission or law making study and research center should be established to provide mandatory training in the context of law-making. Formulate a national ethics policy and make arrangements for maintaining a separate code of conduct in the parliament.
• The provision of parliamentarians becoming ministers should be removed. Therefore, the parliament should be involved only in the formulation of laws.
The tendency of political parties to use whip in voting on bills should be ended on legal grounds in order to create an environment for law-making by rising above the political parties. There should be a secret ballot.
• Arrangements shall be made to have the monitoring committee of the parliaments set certain indicators for the monitoring of development construction and projects, and the monitoring committee shall also be monitored by the expert team of the Good Governance Commission.
• The provision of parliamentarians becoming ministers should be removed. Therefore, the parliament should be involved only in the formulation of laws.
In order to create an environment for law-making by rising above the political parties, the tendency of political parties to use the whip of the political parties in voting on the bill should be ended on the basis of law. There should be a secret ballot.
• Make arrangements to have the monitoring committee of the parliaments set certain indicators for the monitoring evaluation of development works and projects, and the monitoring committee will also be monitored by the expert team of the Good Governance Commission.
• Representation of youths in the parliament should be increased by making legal provisions to ensure the compulsory participation of youths in the proportional representation system.
In order to avoid conflict of interest in the formulation of law, the law should be made first and fully implemented.
According to the constitution, the reports submitted by the constitutional bodies reach the parliament. But the parliament has not studied these reports. The constitutional bodies are not questioned about their performances.
• The same bill is not passed for 5 years. Meanwhile, the CPN-UML and Nepali Congress have stalled the bill related to the Commission for Investigation of Abuse of Authority (CIAA) over the amendment made by the sub-committee on policy. The fear of corruption in the name of policy decisions by the Council of Ministers has been stopped.
• The legal provisions regarding attendance and attendance in the parliament should be strictly enforced. A strong constitutional provision should be brought to expel those who fail to attend the parliament following the constitution and laws for not being willing to sit in the parliament.
In a democratic polity, the government and the parliament should involve the general public and stakeholders in making policies and laws and they should have ownership in the process and the policies and laws that come from it. At present, the government is dominating the policy and law making. There should be a drastic change in the law-making process. The government should present a proposal to the parliament on what laws are necessary or which laws need to be amended and why. The parliament itself should draft bills to make laws on urgent issues, discuss with civil society and stakeholders, take suggestions from the government and pass them. The draft of the bill should be prepared by experts as per the need and discussed in public as well and taken to the legislative process.
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