Legislative Procedures and Law-Making Process in Nepal
Introduction
The legislative procedure in Nepal is a structured, step-by-step process that transforms a bill into law, ensuring transparency, efficiency, and democratic participation. This process, outlined in the Constitution of Nepal, 2072 BS (2015), and detailed in legislative regulations, governs how laws, constitutional amendments, and budgets are enacted at federal, provincial, and local levels. It balances the need for thorough deliberation with timely decision-making, adhering to principles like transparency, equality, and neutrality.
Example: The Federal Civil Service Bill, 2075 BS, faced public backlash due to insufficient stakeholder consultation, highlighting the importance of transparent legislative processes.
Fundamental Principles of Legislative Procedures
Based on Jeremy Bentham’s principles, Nepal’s legislative process adheres to:
- Transparency: Public access to bills and debates.
- Equality: Equal rights for all parliamentarians.
- Neutrality: Impartiality of the Speaker/Chairperson.
- Majority Rule: Decisions based on majority votes.
- Sequential Order: Structured procedural steps.
- Freedom of Speech: Protection of minority opinions.
Objectives of Legislative Procedures
- Streamline law-making processes.
- Prevent irrelevant discussions in large assemblies.
- Ensure swift, transparent law enactment.
- Define procedural steps for bills to become laws.
- Minimize errors and oversights in law-making.
- Enhance legislative efficiency.
- Regulate ordinances to prevent misuse of delegated legislation.
- Focus debates on outcomes.
- Strengthen the legitimacy of laws and amendments.
- Enhance roles of MPs and parliamentary committees.
- Guide cooperation between the two houses.
General Norms of Legislative Procedures
- Simple and efficient processes.
- Full transparency and open debates.
- Equal and meaningful participation of members.
- Adherence to decorum.
- Logical sequence of majority and minority processes.
- Neutral role of presiding officers.
- Respect for both houses’ authority.
- Emphasis on detailed clause-by-clause discussions.
Federal Legislative Procedure in Nepal
Part 9 (Articles 109–114) of the Constitution outlines federal legislative procedures, supplemented by the House of Representatives Rules, 2079 BS, and National Assembly Rules, 2075 BS. The process includes:
Pre-Submission Process
- Financial bills are introduced only in the House of Representatives; other bills in either house.
- Government bills are introduced by ministers; private bills by MPs.
- Notice of intent with explanatory notes submitted to the Secretary-General/Secretary.
- Bills registered in the secretariat.
- Copies distributed to MPs (government bills: 2 days; private bills: 4 days).
- MPs may submit opposition notices at least one day before presentation.
- Opposition notices are approved or rejected by the house.
Presentation and General Discussion
- Presenter proposes the bill for consideration or public feedback.
- If public feedback is approved, the bill is published for comments.
- General (theoretical) discussion in the house (First Reading).
- Amendments can be proposed within 72 hours after general discussion.
Clause-by-Clause Discussion
- Presenter proposes clause-by-clause discussion in the house or a committee.
- Discussion occurs in the house or committee (Second Reading).
- Committee reports are discussed in the house (Third Reading).
Passage of Bills
- Bill and amendments are presented for a vote.
- Members express votes (for/against).
- Passed bills are sent to the other house (financial bills certified by the Speaker).
- The second house follows similar processes and returns the bill with or without amendments.
- If unamended, the house is informed.
- If amended, the presenter proposes consideration of amendments.
- The Speaker/Chairperson adopts suitable procedures for re-passage.
- For bills originating in the National Assembly but rejected or amended by the House of Representatives, a joint sitting passes the bill by simple majority.
Certification, Authentication, and Publication
- Minor clerical errors are corrected by the Speaker/Chairperson of the originating house.
- The bill is certified and sent to the President.
- The President authenticates within 15 days or returns non-financial bills for reconsideration.
- If re-passed by both houses, the President must authenticate within 15 days.
- Authenticated bills become acts and are published in the Nepal Gazette.
Example: The Education Bill, 2076 BS, underwent clause-by-clause discussions in a parliamentary committee, incorporating stakeholder inputs to ensure inclusive education policies.
Constitutional Amendment Procedure
Per Article 274 and relevant rules:
- Bills are published for public feedback within 30 days of registration.
- Presented in the house after 7 days.
- Bills affecting provincial boundaries or Schedule-6 powers are sent to provincial assemblies within 30 days for consent.
- If a provincial assembly rejects by majority, the bill lapses.
- If no response within 3 months or if approved, the bill proceeds.
- Presenter proposes consideration; amendments can be submitted.
- A special committee may be formed for clause-by-clause discussion.
- Each clause/amendment is voted on individually.
- Passage requires a two-thirds majority in both houses.
- Voting is by signed division.
- The bill is sent to the other house, following similar processes (except public feedback/provincial consent).
- Authenticated by the President and published.
Ordinances (Article 114)
- Issued by the President on Cabinet recommendation when Parliament is not in session.
- Have the force of law but must be tabled in the next session.
- Lapse if not approved by both houses, repealed by the President, or 60 days after the session begins.
- Example: The 2024 Disaster Management Ordinance addressed urgent flood relief needs.
Provincial and Local Legislative Processes
Part 15 (Articles 197–202) governs provincial procedures; local processes follow provincial laws (Article 226).
- Provincial processes mirror federal ones but involve a single house.
- All bills, including financial, are introduced in the provincial assembly.
- Bills are authenticated by the Provincial Head, not the President.
- Local assemblies (village/municipal) legislate on Schedule-8 and Schedule-9 powers, following provincial procedures.
Example: Province 3 passed a local governance law in 2023, aligning with federal standards while addressing regional needs.
Law-Making Process Stages
Pre-Legislative Stage
- Identify need (based on policies, plans, treaties, judicial orders).
- Analyze context.
- Obtain Cabinet’s conceptual approval (for government bills).
- Draft preliminary bill.
- Review with experts/stakeholders.
- Finalize draft.
Legislative Stage
- Register and schedule bill.
- Conduct general discussion (First Reading).
- Clause-by-clause discussion (Second Reading).
- Decisive discussion and passage (Third Reading).
- Propose amendments at each stage.
- Authenticate and publish.
Post-Legislative Stage
- Publish in the Nepal Gazette.
- Promote public awareness.
- Develop implementation infrastructure.
- Enact rules, regulations, guidelines.
- Conduct post-legislative scrutiny.
Characteristics of Laws
- Collection of binding rules.
- Define permissible and prohibited actions.
- Enacted by authorized bodies.
- Guide human behavior and state functions.
- Mandatory compliance with penalties for violations.
- Originate from sovereign/legislative bodies.
- Foundation for public operations and policy implementation.
- Define citizens’ rights/duties and officials’ responsibilities.
Types of Legislation
- Primary Legislation: Constitution and acts passed by legislatures.
- Delegated Legislation: Rules, regulations, guidelines issued by executive bodies under primary laws.
| Type | Examples | Issuing Authority |
|---|---|---|
| Primary Legislation | Constitution, Acts | Federal Parliament, Provincial Assemblies, Local Assemblies |
| Delegated Legislation | Rules, Regulations, Guidelines | Ministries, Authorized Agencies |
Legislation Act, 2081 BS (2024)
Key provisions include:
- Preamble: Emphasizes transparency, public participation, stakeholder involvement, quality legislation, limits on delegated legislation, and systematic archiving.
- Delegated Legislation Limits: Must not exceed the scope of primary laws, violate constitutional jurisdictions, or include substantive matters (e.g., taxes, penalties, judicial bodies).
- Bill Formulation Process:
- Prioritize bills based on policies, plans, treaties.
- Ministries submit priorities to the Law Ministry by Jestha end.
- Conceptual approval via concept papers.
- Public feedback on drafts (7–30 days).
- Consultation with stakeholders and relevant ministries (e.g., Finance, Attorney General).
- Final draft approved by Cabinet and registered in Parliament.
- Archiving: Acts and ordinances archived with the President’s Office, Law Ministry, and National Archives with unique registration numbers.
Challenges in Nepal’s Law-Making Process (As of 2025)
- Lack of transparency and public participation (e.g., Guthi Bill controversy).
- Insufficient expertise among lawmakers.
- Focus on irrelevant issues, delaying critical laws.
- Limited interest in private bills.
- Inadequate research and stakeholder engagement.
- Weak public feedback mechanisms.
- Executive dominance in legislative processes.
- Lawmakers’ focus on non-legislative activities (e.g., development projects).
- Delegated legislation conflicting with primary laws.
Recommendations for Improvement
Recommendations:
- Enhance transparency through public consultations and digital platforms.
- Provide training and research support for lawmakers.
- Simplify and expedite legislative processes.
- Incentivize lawmakers to focus on legislative duties.
- Strengthen research-driven law-making.
- Improve stakeholder engagement and feedback systems.
- Promote bills via media and social platforms.
- Prioritize legislative research.
- Enhance effectiveness of parliamentary committees.
- Limit executive influence in law-making.
- Regulate delegated legislation to align with primary laws.
Law-Making Process Overview
| Stage | Key Activities | Example |
|---|---|---|
| Pre-Legislative | Need identification, drafting, stakeholder consultation | 2024 Disaster Management Bill drafted after flood crisis |
| Legislative | Registration, readings, amendments, passage | Education Bill, 2076 BS, passed after three readings |
| Post-Legislative | Publication, implementation, scrutiny | Local Governance Act, 2074 BS, implemented with guidelines |
Conclusion
Nepal’s legislative procedures ensure structured, transparent, and democratic law-making, guided by constitutional provisions and the Legislation Act, 2081 BS. Addressing challenges like limited expertise and executive dominance through training, digital tools, and stakeholder engagement will enhance efficiency. As of 2025, efforts are underway to streamline processes and promote inclusive governance.
References
- Constitution of Nepal, 2072 BS (2015)
- Legislation Act, 2081 BS (2024)
- House of Representatives Rules, 2079 BS (2022)
- National Assembly Rules, 2075 BS (2018)