Interrelation between the House of Representatives and the National Assembly in Nepal
Introduction
The Constitution of Nepal, 2072 BS (2015), establishes a bicameral federal legislature comprising the House of Representatives (HoR) and the National Assembly (NA). These two houses work interdependently to fulfill legislative responsibilities, ensuring democratic governance, law-making, and oversight of the executive. Their collaborative relationship is critical for effective legislation, constitutional amendments, and national policy formulation.
Example: In 2024, both houses collaborated to pass the Climate Change Adaptation Bill, ensuring provincial interests were addressed through NA’s inputs and HoR’s final approval.
Similarities between the House of Representatives and the National Assembly
Both houses share several characteristics, reinforcing their unified role in the federal parliament:
- Integral components of the federal parliament, incomplete without each other.
- Established to perform legislative functions of the Government of Nepal.
- Representative institutions of the people.
- Require mutual involvement and consensus for most legislative tasks.
- Share legislative jurisdiction over Schedules 5, 7, and 9 of the Constitution.
- Allow non-financial bills to be introduced in either house.
- Follow similar legislative procedures and operational rules.
- Share identical eligibility criteria for members (except age).
- Permit members to serve as ministers and attend meetings of either house.
- Adopt principles of inclusivity and proportional representation.
- Require members to take an oath before participating in sessions or committees.
- Have identical conditions for vacancy of member seats.
- Are convened and prorogued by the President.
- Enjoy equal parliamentary privileges.
- Utilize a committee system for detailed deliberations.
- Have neutral presiding officers (Speaker/Chairperson) who cast decisive votes only.
- Share a common Secretary-General and parliamentary secretariat.
- Require a two-thirds majority of both houses for impeachment of the President or Vice-President.
- Need a quorum of one-fourth of total members to hold sessions.
Differences between the House of Representatives and the National Assembly
| Aspect | House of Representatives | National Assembly |
|---|---|---|
| Election Process | Directly elected by citizens | Elected indirectly by provincial assemblies, local leaders; 3 members nominated |
| Representation | Constituency-based (165 direct, 110 proportional) | Province-based (8 per province, 3 nominated) |
| Financial Bills | Can introduce financial bills | Cannot introduce; provides suggestions |
| Age Eligibility | Minimum 25 years | Minimum 35 years |
| Tenure | Temporary (5-year term, full renewal) | Permanent (6-year term, one-third renewal every 2 years) |
| Membership | 275 members | 59 members |
| Special Powers | Impeachment motions, confidence/no-confidence votes | Limited to joint roles in impeachment |
Functional Interrelation between the Two Houses
The HoR and NA collaborate across various legislative and governance functions:
| Function | Interrelation and Collaboration |
|---|---|
| General Legislation | Bills can originate in either house; must be passed by both. Joint sittings resolve disagreements (e.g., NA-passed bill rejected by HoR). |
| Financial Bills | Introduced only in HoR; NA provides suggestions within 15 days. |
| Constitutional Amendments | Require two-thirds majority in both houses (Article 274). |
| Presidential Elections | Both houses’ members form the electoral college. |
| Treaty Ratification | Two-thirds majority of both houses for treaties on peace, security, borders, or resources (Article 279). |
| Parliamentary Hearings | Joint parliamentary committee includes members from both houses. |
| Impeachment | HoR initiates; both houses pass with two-thirds majority (Article 101). |
| Secretary-General Appointment | Joint recommendation by Speaker and Chairperson; appointed by President. |
| Joint Sittings | Governed by Joint Meeting and Committee Rules, 2075 BS. |
| Referendum Decisions | Two-thirds majority of both houses (Article 275). |
| Ordinance Approval | Both houses approve or reject presidential ordinances. |
| Provincial Laws | Both houses collaborate on laws requested by provinces (Article 232). |
| Emergency Declarations | Two-thirds majority of both houses for approval (Article 273). |
Example: In 2025, a joint sitting resolved a deadlock on the Federal Education Bill, where NA’s amendments on inclusive education were incorporated after HoR’s initial rejection.
Why is a Harmonious Interrelation Necessary?
- Enhances legislative efficiency through vibrant collaboration.
- Ensures shared responsibilities are fulfilled collectively.
- Strengthens joint sittings and committee systems.
- Promotes coordination and uniformity in parliamentary work.
- Addresses public responsibilities as representatives.
- Corrects legislative errors and oversights.
- Reduces delays and inconsistencies in law-making.
- Promotes accountable governance by controlling the executive.
- Evaluates and approves executive actions for public welfare.
- Rejects treaties or actions against national interests collaboratively.
- Strengthens national unity and objectives.
Challenges in Interrelation
- Lack of a collaborative culture between houses.
- HoR’s decisive role overshadows NA’s advisory role, creating psychological imbalances.
- Duplication of work due to poor coordination.
- Absence of mechanisms for synchronized bill passage.
- Ineffective secretariat and management committee roles.
- Lack of inter-house networks for dialogue.
- Majority-based decisions in joint sittings undermining consensus.
- HoR members’ arrogance and NA members’ inferiority complex hindering collaboration.
- Limited joint committees, with existing ones focused on formalities.
Example: The 2023 Health Policy Bill faced delays due to lack of coordination, with NA’s suggestions on rural healthcare ignored by HoR initially.
Recommendations to Strengthen Interrelation
Recommendations:
- Foster a culture of collaboration through regular inter-house dialogues.
- Enhance NA’s role as a mature, corrective chamber with clear mandates.
- Eliminate overlapping committee jurisdictions.
- Establish coordination-focused mechanisms (e.g., inter-house task forces).
- Strengthen the secretariat’s role in facilitating inter-house collaboration.
- Clarify timelines and processes for joint approvals (e.g., treaties) via legislation.
- Create inter-house networks for ongoing dialogue.
- Promote consensus-based decisions in joint sittings.
- Encourage HoR to view NA as a guiding institution.
- Form additional joint committees and enhance existing ones’ effectiveness.
- Promote joint research, drafting, and monitoring initiatives.
- Leverage digital platforms for real-time collaboration (e.g., shared legislative dashboards).
Joint Sittings of the House of Representatives and National Assembly
Joint sittings are governed by the Federal Parliament’s Joint Meeting and Committee Rules, 2075 BS:
- Convened by the President or by the Speaker in consultation with the NA Chairperson.
- Secretary-General notifies members of the date, time, and venue.
- Chaired by the Speaker, or the NA Chairperson in their absence.
- Bills are passed as presented or with amendments, certified by the originating house.
- Decisions are made by majority if consensus fails.
- Authenticated bills are sent to the President.
- Authentication notifications are announced in both houses or published in the gazette.
- Bills lapse if HoR is dissolved or its term ends.
Instances Requiring Joint Sittings
- Resolve bills passed by NA but rejected by HoR (Article 111).
- Address bills amended by HoR but disagreed upon by NA.
- Present and approve budget estimates (Article 119).
- Decide on referendums with a two-thirds majority (Article 275).
- Presidential address after elections or annual sessions (Article 95).
Additional Powers of the House of Representatives
- Exclusive right to introduce financial bills.
- Prime Minister must be an HoR member; elected by HoR.
- Confidence/no-confidence motions initiated only in HoR.
- Impeachment motions initiated by one-fourth of HoR members.
- Impeachment of other officials passed by two-thirds HoR majority.
- HoR Speaker chairs joint sittings and secretariat management committee.
Joint Sitting Procedure for Legislation
- Secretary-General notifies members at least one day in advance with bill details.
- Presenter clarifies the bill’s status.
- Proposals for consideration or public feedback are presented.
- Amendments submitted within 72 hours if approved for consideration.
- Amendments limited to HoR’s changes if NA disagrees; new amendments allowed for rejected bills.
- Debates and responses by presenters and amendment proposers.
- Amendments can be withdrawn; otherwise, voted on.
- Bills passed with minor corrections certified by the Chairperson.
- Authenticated by the President; notifications announced or published.
Joint Sitting Procedure for Referendums
- One-fourth of parliament members or a minister submits a referendum proposal (Article 275).
- Secretary-General presents it to the Speaker and Chairperson.
- Presented in a joint sitting after 7 days.
- Opposition notices submitted within 5 days.
- Debates allowed; amendments submitted within 120 hours.
- Passed by two-thirds majority via signed division.
- Secretary-General informs the government and Election Commission.
Comparative Insights
Compared to bicameral systems like the U.S. Congress, Nepal’s NA has a more advisory role, similar to the UK’s House of Lords, but with significant powers in constitutional amendments and treaties. The HoR’s dominance in financial and executive matters reflects its direct electoral mandate, balancing democratic representation with NA’s provincial focus.
Conclusion
The interrelation between the House of Representatives and the National Assembly is vital for Nepal’s legislative efficiency and democratic governance. As of 2025, ongoing efforts to enhance coordination through digital tools and inter-house networks aim to address challenges like overlapping roles and lack of dialogue. Strengthening this relationship will ensure effective law-making and public welfare.
References
- Constitution of Nepal, 2072 BS (2015)
- Federal Parliament’s Joint Meeting and Committee Rules, 2075 BS (2018)
- House of Representatives Rules, 2079 BS (2022)
- National Assembly Rules, 2075 BS (2018)