Function of legislature of Nepal
The government or a state has three major organs. Legislative, Executive and Judiciary are them. These three organs are different from one another. Each organ performs its own functions and power. These bodies of a state play a vital role in the smooth running of the nation. The legislative body of the nation is Parliament. The whole nation functions on the basis of these laws. The executive body is the Council of Ministers or government. These laws are carried out by Executive. Courts and other judicial institutions are judiciaries. The main function of the judiciary is to ensure that everyone gets justice. If the laws are violated the judiciary punishes the guilty. Legislative is made up of the people’s representatives who are either directly elected or indirectly elected by the citizens of a country.
Legislative is the law making the body of the nation. Making a good law is the most important function of the state. The country functions under the laws made by the legislature. In 18th and 19th century the legislative came as an organ of the state. Mostly the members of the legislature are elected by the people. The constituent assembly is functioning as the legislature of the Nepal at present. Legislative is composed of 601 members. Among the 601 members, 240 of them are directly elected by the people from 240 constituencies. 335 members are elected through proportional basis and 26 of them are nominated by the cabinet.
The legislature can be binary which means having two houses: upper house and lower house and individual which means of having only one house. Presently there is the foundation of the individual legislature in our country which is called the legislature parliament. And this provision will remain in effect until the general election shall be held for the new legislation under the new constitution. This Parliament is the transformed form of the Constituent Assembly. And the task of Constituent Assembly was to abstract the constitution of Nepal and perform laws.
According to the Constitution of Kingdom of Nepal in 2047 B.S., there was binary legislative. In the binary legislative the House of Representatives and National Assembly formed the legislature. The interim Constitution of Nepal of 2063 had the foundation of individual legislative. But, now there is a new constitution in Nepal which was drafted by the Constituent Assembly. Finally, the federal system of governance has adopted by Nepal in the changed political scenario. The Constitution of Nepal, 2072 B.S. has the foundation of the binary legislative at the central level and each state/ province shall have the individual state legislative.
Criteria for Federal legislature (Parliament) to be a candidate
- Must be Citizenship of Nepal
- Must be 25 years of age for the House of Representative and 35 years of age for the national Assembly.
- Committed to and respect the spirit of mass movement
- Not in custody of profit oriented organization
- Not found guilty by the criminal court.
- No, any person can be a member of both houses at the same time.
- Not holding government or any other office of profit.
- Should not be disqualified by any law of Nation.
Functions and Power of Legislature
- Makes new laws and abolish and revoke the old ones.
- Passes the budget and taxes which is to be implemented by the executive.
- Have the right to raise questions about the policies and programs of the Executive. If the government does not work properly, legislative can cancel its support and government collapses.
- Presents no confidence to the government when required
- If it withdraws its support to the Executive, Council of Ministers collapses.
- All of the bills are presented in the parliament. After passing the bills by the majority. After his approval, it becomes the law. Like this, all the laws are made in the parliament.
- It has a control over the finance of the nation. As it passes the annual budget according to which the government uses money in different tasks.
- If the Chief Justice or any judge of the supreme court is found involved in misconduct or does not perform its duties properly, the two-third majority of the parliament can kick out such judge or Chief Justice.
Control over Executive
- It has the power to accept or reject the decision taken by the executive.
- If there are any doubt or irregularities and if the Executive is not working as per the will of the people, Legislature has the power to raise questions.
- Power to approve the budget which is presented by Executive.
- Right to dissolve cabinet with Vote of No Confidence.
Control Cover Judiciary
- It has The Power to remove the judges through impeachment.
- Right to approve the appointment of judges through the parliamentary discussion.
Importance of Legislature
The Legislature is essential because it is the organ of the government which makes laws and passes them and also recompenses old laws. It is important because no any democratic government can do its duty for the good of the people without law and the government cannot function properly or cannot contribute to the development of the nation without law.
Legislative Body of Nepal.
The provisional constitution of Nepal of 2063 has covered the power on the Council of Ministers. Initially, the parliament of Nepal had 330 members and now it has been replaced with 601members Constituent Assembly in 2064 B.S. Moaist emerged as the greatest power in the country during the 1st election. And Pushpa Kamal Dahal became the first prime minister of Republic Nepal. In the concluded 2nd election, Nepali Congress became the superpower whose Chairman Sushil Koirala was the Prime Minister of Nepal. Subash Chandra Newang from the UML became the speaker of the house for the both of the times.
So, the Legislature, the highest body of the nation is one of the most important organs of the state. The legislative has different names in different countries but its primary function in all countries is to formulate laws.
At last but not least,
Legislature, the highest body of people’s representatives is one of the most important organs of the state. It has different names in different countries, but its primary function in all countries is to formulate laws. Another organ of the state, the Executive is also formed and controlled by the legislature. House of Representatives consists 275 members were 165 from direct election and 110 from the proportional basis. The National assembly consists 59 members where 8 members will be elected from each province and three nominated by the president. Its powers and functions include the Legislative, financial, administrative, judicial, and constitutional amendment.