Code of Conduct for Parliamentarians and Public Officials in Nepal
Introduction
The code of conduct, discipline, integrity, and ethics for parliamentarians and elected representatives in Nepal is critical to maintaining public trust, ensuring accountability, and fostering good governance. These principles guide public officials in upholding legal responsibilities, ethical standards, and public welfare, ensuring their actions align with the expectations of a democratic society.
"Integrity is doing the right thing when no one is watching." – C.S. Lewis
Example: In 2025, a parliamentarian disclosed a potential conflict of interest during a committee discussion on infrastructure contracts, adhering to the code of conduct and enhancing public trust.
Preconditions of the Code of Conduct for Public Officials (5 Marks)
The code of conduct for public officials, including parliamentarians and elected representatives, is built on foundational principles that ensure ethical behavior and public accountability. These preconditions provide the basis for establishing and enforcing codes of conduct, ensuring that public officials act in the interest of the nation and its citizens. The key preconditions are:
- Integrity (Sadachar): Integrity combines ethics, morality, and accountability, encouraging honest and upright behavior even in the absence of oversight. It is derived from the Nepali term "sadachar," meaning good conduct, and encompasses honesty, truthfulness, transparency, and ethical decision-making.
- Ethics (Aachar): Ethics refers to the theoretical standards distinguishing right from wrong, guiding acceptable behavior within a profession or community. It is socially or organizationally defined, mandatory, and reflects collective values.
- Morality (Naitikta): Morality is an individual's internal sense of right and wrong, shaped by personal beliefs and conscience. It is voluntary, personal, and less subject to external change, unlike ethics, which varies by context.
- Discipline (Anushasan): Discipline ensures adherence to rules, laws, and codes of conduct, maintaining order and accountability in public roles. It includes respecting parliamentary procedures and party directives (e.g., whips).
- Public Accountability: Public officials must be answerable to citizens, ensuring transparency, fairness, and responsiveness in their actions, aligning with constitutional and legal obligations.
| Precondition | Description | Example |
|---|---|---|
| Integrity | Honest and ethical behavior, even without oversight | Refusing bribes in private dealings |
| Ethics | Socially defined standards of acceptable behavior | Following parliamentary rules |
| Morality | Personal sense of right and wrong | Choosing public interest over personal gain |
| Discipline | Adherence to rules and procedures | Attending sessions regularly |
| Public Accountability | Answerability to citizens | Disclosing assets publicly |
Example: In 2024, a local elected official in Bagmati Province adhered to ethical standards by publicly addressing a constituent’s grievance, demonstrating accountability and integrity.
Code of Conduct for Parliamentarians and Parliamentary Officials (5 Marks)
The code of conduct for parliamentarians and parliamentary officials in Nepal is outlined in the House of Representatives Rules, 2079 BS (2022) (Rule 219) and the National Assembly Rules, 2075 BS (2018) (Rule 189). These rules ensure that officials and members uphold parliamentary objectives, public trust, and ethical standards. The key provisions are:
- Compliance with Laws and Rules: Adhere to all laws, regulations, and parliamentary objectives to fulfill duties effectively.
- Public Morality and Conduct: Exhibit behavior consistent with societal ethical standards and public expectations, both inside and outside parliamentary settings.
- Regular Participation: Attend sessions and committee meetings regularly, actively participating and exercising voting rights.
- Selfless and Honest Duty: Perform duties with integrity, objectivity, and accountability, prioritizing public interest.
- Prioritizing Public Interest: Place public goals above personal interests, avoiding conflicts of interest and disclosing them when they arise.
- Non-Financial Influence: Refrain from speaking, voting, or participating in parliamentary activities for personal financial gain or rewards.
- Confidentiality of Information: Use confidential information obtained as a parliamentarian solely for parliamentary purposes, not for personal or financial gain.
- Conflict of Interest Disclosure: Voluntarily disclose personal or private interests in matters under discussion and abstain from related deliberations.
Note: These rules apply to parliamentary officials and members both within and outside parliamentary sessions, except in matters strictly related to personal or private life.
| Code of Conduct | Application |
|---|---|
| Compliance with Laws | Follow constitutional and parliamentary rules |
| Public Morality | Act in line with societal ethical standards |
| Regular Participation | Attend sessions and committees consistently |
| Selfless Duty | Perform roles with honesty and accountability |
| Public Interest | Prioritize public goals over personal gain |
| Non-Financial Influence | Avoid financial motivations in decisions |
| Confidentiality | Use sensitive information appropriately |
| Conflict Disclosure | Declare and abstain from conflicts of interest |
Example: In 2025, a National Assembly member was commended for abstaining from a vote on a land reform bill due to a disclosed personal stake, adhering to the code of conduct.
Mechanisms for Enforcement
Conduct Monitoring Committees
The Conduct Monitoring Committees in the House of Representatives (Rule 220) and National Assembly (Rule 190) oversee compliance with the code of conduct. Their composition and roles are:
| House of Representatives Committee | National Assembly Committee |
|---|---|
| Speaker (Chair), Deputy Speaker (Vice-Chair), Opposition Leader, up to 12 members nominated by Speaker, Secretary-General (Secretary) | Chairperson (Chair), Vice-Chairperson (Vice-Chair), Ruling Party Leader, Opposition Leader, up to 4 members nominated by Chairperson, Secretary-General (Secretary) |
Roles and Responsibilities
- Initiate investigations based on public allegations or complaints about code violations.
- Gather information from members, individuals, organizations, or media.
- Determine if a violation occurred and submit a report to the house.
- Form sub-committees with experts if needed.
- Establish internal procedures for investigations.
- Ensure members cooperate with investigations and are given a fair opportunity to respond.
Challenges in Upholding Code of Conduct
- Inconsistent adherence to codes of conduct and ethical standards.
- Absence of a national integrity policy.
- Weak disciplinary enforcement, with recurring violations going unpunished.
- Disruptive behaviors in Parliament, such as vandalism or disorderly conduct.
- Inadequate monitoring and evaluation mechanisms.
- Extravagant lifestyles and unethical social behavior by representatives.
- Allegations of involvement in corruption or criminal activities.
- Low public trust and social respect for elected officials.
- Non-compliance with rules, such as unauthorized benefits or foreign trips.
- Frequent absenteeism in parliamentary sessions.
- Failure to submit timely asset disclosures.
- Focus on development projects over legislative duties.
Example: In 2023, reports highlighted frequent absenteeism in parliamentary sessions, with empty chairs during critical debates undermining public trust.
Recommendations for Improvement
Recommendations:
- Promote self-regulation and honest compliance with codes of conduct.
- Strengthen disciplinary mechanisms to prevent unethical behavior.
- Develop and implement a national integrity policy.
- Prioritize adherence to discipline and ethical standards.
- Conduct continuous training on ethics and integrity.
- Enhance accountability to boost public respect for representatives.
- Control unauthorized benefits and non-compliant behavior.
- Enforce strict attendance and rule compliance in sessions.
- Use promotional and punitive measures to ensure economic discipline.
- Foster a culture of simplicity, integrity, and good deeds.
- Strengthen legal and institutional enforcement mechanisms.
- Encourage representatives to act as role models through behavioral reforms.
- Use digital tools for transparent asset disclosure and compliance monitoring.
- Promote ethics through public recognition and social campaigns.
Comparative Insights
Nepal’s code of conduct aligns with global parliamentary standards, such as the UK’s Code of Conduct for MPs, which emphasizes transparency and conflict-of-interest disclosure. However, Nepal’s enforcement mechanisms lag behind, lacking the robust oversight seen in Canada’s Conflict of Interest and Ethics Commissioner. Digital monitoring tools could bridge this gap.
Conclusion
The code of conduct for parliamentarians and public officials in Nepal, grounded in integrity, ethics, morality, discipline, and accountability, is essential for fostering trust and effective governance. As of 2025, addressing challenges like weak enforcement and absenteeism through stricter laws, training, and digital tools will enhance compliance and public confidence.
References
- Constitution of Nepal, 2072 BS (2015)
- House of Representatives Rules, 2079 BS (2022)
- National Assembly Rules, 2075 BS (2018)
- Local Government Operation Act, 2074 BS (2017)
- Good Governance Act, 2064 BS (2008)
- Fifteenth Periodic Plan (2076–2081 BS)