Present Legislature Parliament of Nepal

Present Legislature Parliament of Nepal

The legislature is one of   the most important organs of the government. It is the highest elected body which may comprise of directly and indirectly elected representatives of the people. It is formed essentially to formulate laws for the smooth and effective functioning of the state. A country functions as per the laws made by the legislature within the spirit of the Constitution. Legislature appeared   as one   of the important organs of the state since the eighteen century with the advent of democracy. It is generally called Parliament or the House of Representatives. However, different countries have given it different names. It is called ‘Parliament’ in the United Kingdom(UK), India, Sri Lanka and Nepal; ‘Congress’ in the United States of America; National Assembly in France; ‘Diet’ in Japan, ‘National People’s Congress in China’; ‘Majilise Suda’ in Pakistan and on.

Federal Legislature

The federal legislature of Nepal is called federal parliament. Parliament having a single house is called unicameral Parliament and having two houses is called bicameral Parliament. According to Interim Constitution of Nepal 2063 BS, Parliament of Nepal has a single house which is called ‘Pratinidhi Saba’. According to the Constitution of Nepal 2072 BS, the legislature of Nepal is going to have two houses:

  • House of Representatives
  • National Assembly

The legislature of different countries has different names. There is bicameral legislature in US congress: the upper house is called Senate and lower House is called House of Representatives. In British Parliaments: Upper House is called the House of Lords and the lower House the House of Representatives.

Download New Constitution of Nepal 2015

The Constituent Assembly

The historic election to the Constituent Assembly-I which is also called Legislative Parliament took place on 28 Chaitra 2064 BS. It had 601 members: 240 directly elected (First Past the Post – FPTP), 335 proportionately elected {Proportionate Representation – PR) and 26 nominated by the Council of Ministers. There were twenty-five political parties and two independent members in this legislature. Communist Party of Nepal (Maoist) was the largest party with 227 members.

It was given two years time to draft the new constitution but the term was extended time and often because it was failed to draft constitution in defined time France work. It got dissolved on 14th Jestha 2069 Bs.

The Constituent Assembly – II got elected on 4th Mangsir 2070 Bs. In this election, 122 political parties participated. No political parties got a majority. Nepali Congress became the largest party followed by CPN -UML, UCPN (Maoist) and Rashtriya Prajatantra Party Nepal. There was representation of 30 political parties in this elected body.

Constitution of Nepal 2072

Constitution of Nepal 2072 Bs, has prolumugated on 3rd Ashwin 2072 BS by constitution assembly. It is the first constitution of Nepal where people’s representatives played the vital role to draft Constitution of Nepal 2072BS, has addressed Nepal’s independence, sovereignty geographical integrity national unity, freedom, etc. It consists of 35 parts 308 articles and 9 schedules. It has attempted to institutionalize various changes which have occurred in our country.

House of Representatives

According to the Constitution of Nepal 2072 BS, House of Representatives may consist of 275 members. 165 members are elected through the first part the post system consisting one member from 165 electoral constituencies. Nepal shall consist 165 election constituencies based on geography and population. 110 members may represent through the proportional system. Except when dissolved earlier, the term of House of Representatives shall be five years.

National Assembly

Constitution of Nepal 2072 BS has stated that National Assembly is the permanent house. It shall consist of 59 members where 56 members elected from electoral college comprising members of:

  • Provincial Assembly
  • Chair Persons and vice chairpersons of village councils
  • Mayors and Deputy Mayors of municipal councils

There consist eight members from each province including at least three women, one Dalit and one person with disability or minority. Three members, including a+ ‘ one woman, to be nominated by the president on the recommendation of Government Nepal. The tenure of National Assembly consists of six years from the first meeting of National Assembly.

Qualification to be a candidate for House of Representatives / National Assembly

  • Should be a citizen of Nepal
  • Minimum 25 years of age for the House of Representatives and 35 years of age for National Assembly.
  • No person shall be a member of both houses at the same time.
  • Not have been punished on any criminal or immoral charges
  • Not holding government or any other office of profit.
  • Not disqualified by any law of Nation.

Present Legislature Parliament of Nepal

Parliament of Nepal
Nepal ko Sabhashad
Coat of arms of Nepal.svg
Type
Bicameral
Houses House of Representatives
House of the States
Seats 265 members (205 and 60)
Elections
House of Representatives voting system
single-seat constituency
Meeting place
Kathmandu
Website
www.parliament.gov.np

Powers & Functions of Legislature

The main function of the legislature in all countries is primarily to make laws. It has other powers and functions as well. The specific powers and functions of the legislature vary country to country. These powers and functions are provided in the Constitution of the respective country. The important powers and functions are as under:

(a) Legislative Powers and Functions:

The primary function of the legislature is to make laws. Being the highest body of people’s representatives, it is entrusted with this important function of making laws. It formulates laws keeping in mind the needs of time and people’s aspiration. The members of the legislature engage in the discussion and formulation of laws. There are different committees and sub-committees in the legislature where different proposals are tabled and discussed and finally proposals as bills are put forth for enactment in the legislature. Once these bills are endorsed or passed by the majority in the legislature and approved by the President they become laws of the country. This is why a legislature is also called a Law Factory, where raw materials of public opinions are discussed and converted into laws.

b. Financial Powers and Functions:

One of the other important powers and functions of the legislature is the control over the treasury of the country. It approves the annual budget of the country. Practically the executive prepares the country’s annual budget, but it must be passed by the legislature for its execution. The government can only spend as allocated by the legislature. All democratic countries follow the principle of: “No taxation without the consent of the people’s representatives”. The government has no power to raise and spend a single paisa without the approval of the legislature. It is, therefore, the legislature is called the custodian of the national coffer.

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c. Administrative Powers and Functions:

It is another important power and function of the legislature. In all democratic countries, the legislature has complete control over the executive. In the countries having a parliamentary system, the legislature forms and controls the government The leader of the majority in the legislature forms the government as a Prime Minister and it remains in power only as long as it receives the support of the legislature. The head of the executive (Prime Minister) and the cabinet ministers are accountable to the legislature. The members of the legislature control the executive by asking questions, drawing attention, putting forth proposals, making critics etc. It can also table no-confidence motions against the executive.

d. Functions:

The legislature also exercises certain judicial powers and functions. According to the Constitution of Nepal 2072 BS, the Chief Justice and other Supreme Court judges are appointed on the recommendation of the legislature. The legislature parliament carries out hearing of each Supreme Court judge candidate before making a recommendation. It can also table impeachment motion against any Supreme Court judges in case of incompetence or misconduct. In the United Kingdom, the Upper House or the House of Lords is the final court of appeal and in the USA, the Upper House or the Senate is the court of impeachment for the trial of the President and Vice-president

e. Constitution Amendment Powers and Functions:

The legislative also has the powers to amend the Constitution. Most democratic countries have this provision in their constitutions. Constitution of Nepal 2072 BS has provided powers to the legislative parliament of amending the Constitution by

The legislative also has the powers to amend the Constitution. Most democratic countries have this provision in their constitutions. Constitution of Nepal 2072 BS has provided powers to the legislative parliament of amending the constitution by a two-third majority.

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