5.5 Interrelation among Parliament, Parliamentary Committees and Constitutional Bodies

Interrelation among Parliament, Parliamentary Committees, and Constitutional Bodies in Nepal

Introduction

The Parliament of Nepal, its parliamentary committees, and constitutional bodies form a critical framework for democratic governance, ensuring accountability, checks and balances, and effective law-making. The Parliament, as the supreme legislative body, collaborates with its committees and constitutional bodies to enact laws, oversee the executive, and promote good governance. This interrelation is rooted in the Constitution of Nepal, 2072 BS (2015), and is vital for a citizen-centric government.

Example: In 2025, the Public Accounts Committee and the Auditor General collaborated to address irregularities in public spending, ensuring transparency in the federal budget.

Parliament

The Parliament, a representative institution, is the legislative arm of the government, operating under the principles of separation of powers, checks, and balances. It comprises the House of Representatives (HoR) and the National Assembly (NA) at the federal level, with provincial assemblies at the provincial level. The Parliament expresses citizens’ will through laws and holds the government and constitutional bodies accountable.

Key Functions of the Federal Parliament

Enact and amend laws.
Approve annual budgets and policies.
Form and dissolve the government (in a parliamentary system).
Elect the President and Vice-President with provincial assemblies.
Monitor and regulate executive actions.
Initiate no-confidence motions to dissolve the Council of Ministers.
Hold the government accountable through questions and directives.
Monitor and evaluate government performance, providing feedback.
Conduct parliamentary hearings for appointees (Article 292).
Initiate impeachment proceedings (Article 101).
Approve or reject ordinances, emergency declarations, and federal interventions in provinces.
Ratify treaties and agreements.

Parliamentary Committees

Parliamentary committees are specialized, permanent groups of parliamentarians formed to streamline legislative work, ensure in-depth analysis, and enhance efficiency. Often referred to as “Mini Parliaments” or “Parliamentary Workshops,” they handle detailed tasks that the larger Parliament cannot efficiently manage. Nepal’s federal Parliament has 16 committees, including the State Affairs and Good Governance Committee, Finance Committee, and Parliamentary Hearing Committee.

Objectives of Parliamentary Committees

Enhance specialization and efficiency in parliamentary work.
Ensure focused and systematic discussions.
Conduct research to support parliamentary decisions.
Review bills and proposals, submitting objective reports.
Monitor and regulate executive actions.
Ensure accountability of public officials.
Promote active participation of all parliamentarians.
Strengthen good governance.
Facilitate in-depth discussions in small groups.
Develop expertise in specific areas.
Save parliamentary time for high-priority tasks.
Review constitutional bodies’ annual reports and provide directives.
Coordinate with Parliament, ministries, and constitutional bodies.

Duties of Parliamentary Committees

Conduct clause-by-clause discussions on bills and submit reports.
Evaluate ministry policies and programs, issuing directives.
Review budget estimates and provide guidance.
Monitor ministerial assurances and ensure compliance.
Investigate misuse of public property and issue directives.
Ensure delegated legislation complies with the Constitution and laws.
Monitor implementation of inquiry commission reports.
Evaluate agency performance and provide directives.
Monitor implementation of state principles and obligations.
Conduct parliamentary hearings for constitutional appointees (Article 292).

Example: The State Affairs and Good Governance Committee in 2024 reviewed the Anti-Corruption Bill, collaborating with the CIAA to strengthen anti-corruption measures.

Constitutional Bodies

Constitutional bodies are autonomous entities established by the Constitution to ensure checks and balances on the executive, operating independently of the executive, legislature, and judiciary. These include the Commission for Investigation of Abuse of Authority (CIAA), Auditor General, Public Service Commission, Election Commission, National Human Rights Commission, and various inclusion-focused commissions (e.g., National Women Commission, Dalit Commission).

Importance of Constitutional Bodies

Prevent abuse of executive power.
Ensure fairness, impartiality, and predictability in executive actions.
Promote effective, citizen-friendly, and equitable governance.
Support a limited and accountable government.
Enhance legitimacy and legality in public operations.
Control corruption and promote good governance.
Foster merit-based public administration.
Prevent misuse of public resources.
Ensure regularity, economy, and efficiency in public finances.
Strengthen democracy through fair elections.
Protect human rights by monitoring violations.
Ensure equitable resource distribution across federal, provincial, and local levels.
Support nation-building through inclusive policies.

Relationship between Parliamentary Committees and Constitutional Bodies

Committee (House of Representatives)	Constitutional Body
Finance Committee	National Natural Resources and Fiscal Commission
Law, Justice, and Human Rights Committee	National Human Rights Commission
State Affairs and Good Governance Committee	CIAA, Public Service Commission, Election Commission
Women and Social Affairs Committee	National Women Commission, Dalit Commission, Inclusion Commission, Indigenous Commission, Madhesi Commission, Tharu Commission, Muslim Commission
Public Accounts Committee	Auditor General

Committee (National Assembly)	Constitutional Body
National Concern and Coordination Committee	National Human Rights Commission and other constitutional bodies

Joint Committee	Constitutional Body
Parliamentary Hearing Committee	All constitutional bodies’ chiefs and officials
State Directives, Policies, and Obligations Monitoring Committee	Related constitutional bodies

Interrelation among Parliament, Parliamentary Committees, and Constitutional Bodies

Collaborative Interrelation

Parliament enacts laws for constitutional bodies, which implement them to support parliamentary goals.
Both aim to limit executive power and promote accountable governance.
Constitutional bodies assist Parliament in holding the executive accountable.
Parliament strengthens constitutional bodies through legal frameworks.
Committees provide advice to constitutional bodies, which offer expert input in return.
Public Service Commission supports Parliament with qualified staff; Parliament enacts laws for merit-based recruitment.
Law, Justice, and Human Rights Committee and NHRC collaborate on human rights promotion.
State Affairs Committee and CIAA work together against corruption.
Public Accounts Committee and Auditor General ensure financial discipline.
Election Commission conducts parliamentary elections; Parliament facilitates its work through laws.
Fiscal Commission sets resource allocation standards; Parliament allocates budgets accordingly.
Women and Social Affairs Committee and inclusion commissions promote social justice.
Parliament ratifies human rights treaties, aiding NHRC’s work.

Example: In 2025, the Women and Social Affairs Committee collaborated with the National Women Commission to draft gender equality provisions in the Social Inclusion Bill.

Checks and Balances

Parliament and Committees’ Oversight

Parliament can amend constitutional provisions to adjust bodies’ powers.
Constitutional Council, including parliamentary leaders, nominates officials.
HoR can impeach constitutional body officials with a two-thirds majority (Article 101).
Parliamentary hearings ensure accountability of appointees (Article 292).
Constitutional bodies are accountable to Parliament (Article 293).
Committees monitor and provide directives to constitutional bodies (except NHRC).
Parliament determines officials’ remuneration and service conditions.
Parliament reviews annual reports and issues directives (Article 294).

Constitutional Bodies’ Oversight

Auditor General audits Parliament’s finances, ensuring compliance.
CIAA investigates corruption by parliamentarians.
NHRC monitors human rights violations by MPs; Election Commission addresses electoral violations.
Fiscal Commission sets budget guidelines, limiting parliamentary discretion.

Key Principles of Interrelation

All state organs, including constitutional bodies, are accountable to citizens via Parliament.
In parliamentary democracy, the executive and constitutional bodies are accountable to Parliament (Article 293).
Close collaboration ensures a limited and accountable government.
Parliamentarians must comply with laws; constitutional bodies enforce compliance.
Strong interrelation strengthens democratic systems and state unity.

Interrelation between Parliament and Parliamentary Committees

Parliament forms committees to enhance efficiency and specialization.
Parliament is the main system; committees are subsystems, like branches of a tree.
Parliament legislates committee formation, dissolution, and mandates.
Committees’ reports guide parliamentary decisions.
Parliament assigns tasks to committees; committees enhance parliamentary effectiveness.
Committees hold the executive accountable on Parliament’s behalf but are accountable to Parliament.
Committees are “Mini Parliaments,” adding depth to specific areas.
Committees act as Parliament’s operational arms, driving its effectiveness.

Challenges in Interrelation

Lack of expertise in Parliament and committees on constitutional bodies’ roles.
Insufficient culture of collaborative coordination.
Weak review and feedback on constitutional bodies’ reports.
Inadequate monitoring of parliamentary directives’ implementation.
Parliamentary hearings reduced to formalities.
Political influence in constitutional body appointments.
Ineffective role of parliamentary representatives in the Constitutional Council.
Constitutional bodies’ tendency to avoid parliamentary collaboration.
Fear of parliamentary oversight among constitutional body officials.
Lack of institutional dialogues to strengthen interrelation.
Committees’ disregard for constitutional bodies’ autonomy.
Constitutional bodies’ lack of urgency in implementing parliamentary directives.
Parliamentarians’ focus on control over collaboration due to electoral arrogance.

Example: In 2023, delays in reviewing the Election Commission’s report due to inadequate expertise in the State Affairs Committee highlighted coordination gaps.

Recommendations for Improvement

Recommendations:

Enhance parliamentarians’ expertise on constitutional bodies through training.
Promote accountability of constitutional body officials to Parliament.
Foster a culture of collaborative coordination.
Develop a robust system for reviewing constitutional bodies’ reports.
Strengthen monitoring and evaluation of parliamentary directives.
Make parliamentary hearings meaningful and effective.
Eliminate political influence in constitutional body appointments.
Empower parliamentary representatives in the Constitutional Council.
Promote professionalism and good governance in constitutional bodies.
Build mutual trust among Parliament, committees, and constitutional bodies.
Encourage institutional dialogues and joint programs.
Respect constitutional bodies’ autonomy in committee interactions.
Increase urgency in implementing parliamentary directives.
Establish regular review mechanisms for parliamentary directives.
Leverage digital platforms (e.g., shared dashboards) for coordination.

Limits of Interrelation

Constitutional provisions governing Parliament and constitutional bodies.
Defined jurisdictions of parliamentary committees.
Scope of constitutional bodies’ duties and powers.
Conduct and discipline regulations for parliamentarians and officials.
Confidentiality and sensitivity of constitutional bodies’ work.
Limited professionalism in constitutional bodies and expertise in committees.
Constitutional bodies’ close ties with the executive.
Need for neutrality and specialization in constitutional bodies.
Limited capacity of parliamentary secretariat staff.
Traditional culture of power dominance.
Constraints of time and resources.

Comparative Insights

Nepal’s interrelation model is similar to India’s, where parliamentary committees oversee constitutional bodies like the Election Commission, but Nepal’s inclusion-focused commissions (e.g., Dalit, Madhesi) are unique. Unlike the U.S., where Congress has limited oversight over independent agencies, Nepal’s Parliament has significant control, balancing autonomy with accountability.

Conclusion

The interrelation among Parliament, parliamentary committees, and constitutional bodies in Nepal is a cornerstone of democratic governance, ensuring checks, balances, and accountability. As of 2025, efforts to enhance coordination through digital tools and expertise-building are underway to address challenges like political influence and weak oversight. Strengthening this interrelation will promote good governance and public welfare.

References

Constitution of Nepal, 2072 BS (2015)
House of Representatives Rules, 2079 BS (2022)
National Assembly Rules, 2075 BS (2018)
Federal Parliament’s Joint Meeting and Committee Rules, 2075 BS (2018)