Bills Inactive After Dissolution Set to Fuel the Upcoming Parliament

Chaitra 9, Kathmandu – Several important bills including those related to federal civil service, Nepal Police, and school education, which had advanced amid intense debates in various committees of the previous House of Representatives, have become inactive following the dissolution of parliament.

These crucial bills, directly linked to federalism implementation concerning personnel management, security, and education, now appear more feasible to finalize given the current parliamentary dynamics.

Following the adverse situation arising from the Genji movement and the dissolution of parliament on Bhadra 27, these bills have effectively returned to a ‘zero’ state but may serve as significant legislative groundwork for the upcoming parliament.

Typically, a simple majority in parliament is required to enact new laws. However, in the election held on Falgun 21, the Rastriya Swatantra Party alone won a total of 182 seats.

This majority indicates that the party will have sole decision-making authority in each parliamentary committee, suggesting that the upcoming session will see swift deliberation and passage of such impactful and long-term bills.

An analysis by the National Assembly’s Legislation Committee revealed that implementing federalism necessitates over 320 laws. Some amendments such as the Nepal Act have already been passed, addressing certain issues. Previous governments had prioritized these laws into first, second, and third categories and forwarded the details to the Federal Parliament Secretariat.

According to Ekram Giri, spokesperson for the Secretariat, 31 bills under consideration in the House of Representatives became inactive after dissolution. Legally, bills that originated in the House and those introduced in the National Assembly but pending in the House automatically become inactive after dissolution.

“Five bills that originated in the National Assembly and are under consideration in the upper house remain active,” Giri said. “The National Assembly has sent three bills back to the House with messages after completing their procedures.”

A bill related to alternative financial management was registered with the Secretariat by the caretaker government. In the last session of the National Assembly, three ordinances were introduced in the house. These will enter the House of Representatives as formal business.

Bills that became inactive after parliament’s dissolution can be updated and reintroduced as new bills, he added. “The government can decide how many bills to take as ‘reference’ and subsequently register new ones. Even if the same bills are to be advanced, they must undergo the new legislative process.”

A bill is a proposal presented in parliament on behalf of the government for lawmaking. Based on origin, content, and presentation, bills are categorized as government or private member bills. Apart from finance and security, members of parliament can also register private member bills.

Historically, in Nepal’s parliamentary history, the Nepal Health Professional Council Bill 2053, Human Rights Commission Bill 2053, and Legal Aid Bill 2054 were passed as private member bills.

Based on content, bills are divided into types including finance, general, principal, dependent or supplementary, amendment, ordinance replacement, constitutional amendment, and supplementary expenditure bills.

Parshuram Meghi Gurung, former chairperson of the National Assembly’s Legislation Management Committee, explains that legislative procedures in Nepal generally follow two stages: pre-legislative and legislative.

In the pre-legislative stage, a bill receives theoretical consensus, is drafted, and then introduced to the cabinet and the parliament. The legislative stage involves issuing notices to seek permission to present the bill, debating permission motions, detailed general and clause-by-clause discussions, deliberations in subject committees, committee report discussions, and finally, passing the bill.

Moreover, bills originated in the National Assembly are sent to the House of Representatives and vice versa. After passage in both houses, they are certified and forwarded to the President for assent.

Parliamentary rules stipulate that after passage by the House of Representatives, the National Assembly must complete the legislative process within 60 days—or 15 days in the case of financial bills—and return them with messages.

There is a general understanding that laws enacted by parliament should be subject to thorough debate and discussion to ensure quality, taking adequate time. However, occasionally when laws need to be enacted swiftly, relevant sessions suspend rules to expedite the process.

“After the promulgation of the new constitution, laws related to fundamental rights should have been enacted within three years. Some laws were passed by suspending rules at the last moment,” noted spokesperson Giri. RSS