What Happened When MPs Raised Objections Over Procedural Violations?

29 Baishakh, Kathmandu. During the House of Representatives session on Tuesday, four members of parliament attempted to raise objections (called ‘niryamapatti’) alleging violations of parliamentary rules. While two MPs were granted time to speak, two others were denied the opportunity. The incident unfolded as CPN-UML parliamentary leader Ram Bahadur Thapa ‘Badal’ was addressing the house when National Independent Party MP Manish Khanal stood up to raise a procedural objection. Speaker Dol Prasad Aryal (DP) advised that such objections should be raised after the conclusion of the speaker’s remarks. The session proceeded accordingly.

MP Khanal lodged a complaint that some MPs elected by the people were being referred to as a ‘mob of anarchists’ and raised concerns about unnecessary comments on the Nepalese Army, demanding the removal of these statements from the parliamentary record. Following that, Kusbu Oli, chief convener of the Rastriya Prajatantra Party, requested time and was granted it by the Speaker. Oli expressed regret over CPN-UML leader Badal’s comments about the army and also requested that the remarks be expunged from the parliamentary record. However, two other MPs, Parvati Bik of the Nepal Communist Party and Ganesh Karki of the Rashtriya Swatantra Party, were not allowed time to raise objections.

Speaker Aryal told MP Bik, “Procedural objections or pointing out rule violations cannot be made at any time. If you wish to speak out of turn, that is a different matter. However, when raising a procedural objection, one must exercise caution and do so in a timely manner.” Nonetheless, MP Bik did not concede. The Speaker further added, “Honorable member, objections must be raised at the appropriate time. You must study and understand the rules. Previously, those raising objections were allowed to speak, but the issue you are attempting to raise now does not conform to the rules. Please be seated.” Even after this, Bik did not comply. Urging wisdom, the Speaker stated, “I do not want to say more than the dignity of the parliament.” Subsequently, she sat down.

Following this, Rashtriya Swatantra Party MP Ganesh Karki stood up and was given the microphone by the Speaker. As he began to say, “Former speaker Gyan Bahadur Shahi said during his address…,” the Speaker intervened, saying, “Honorable member, if you had raised an objection while Mr. Gyan Bahadur Shahi spoke, I would have granted time. However, you are raising the objection now, after another MP has already spoken. Therefore, I request you to maintain decorum and be seated.” Karki complied reluctantly.

What Are the Rules Regarding Procedural Objections?

Following the Tuesday incident, questions have arisen regarding when MPs are permitted to raise procedural objections in the House of Representatives. Rule 26 of the House Rules addresses this matter. It stipulates, “If any member believes there has been a violation of rules concerning the matter currently under discussion, they may raise an objection by stating the grounds.” To do so, MPs must request permission from the Speaker, and once approved, the member who is speaking must stop to allow the objection to be raised. The member raising the objection may then present their points. Further, Sub-rule 3 of Rule 26 specifies that the objecting member can only speak on matters related to the violation and must then return to their seat. The Speaker’s decision on such matters is final.

However, on Tuesday, two MPs were not granted time to raise objections, prompting debate on whether objections may only be made while a member is speaking or also afterward.

Are There Time Limits for Raising Objections?

According to former Parliamentary Secretariat Secretary Som Bahadur Thapa, a procedural objection refers to a member raising an objection when a statement or action deviates from parliamentary rules. Examples include when an MP speaks off-topic, behaves contrary to procedural conduct, attempts to make decisions by violating rules, or acts contrary to the agenda. Thapa said, “MPs should be alert. While it is appropriate to raise objections during the speech, they may also raise them after the speech if the matter is serious.”

He added that MPs may raise objections not only on statements made on the current day but also on opinions or expressions made on earlier days. “This process serves both as an opposition to the government and as a means to demand answers since the government is continuously accountable,” he explained.

The former secretary emphasized, “A procedural objection is a process based on questions about statements that must logically adhere to parliamentary decorum and practice. All matters become clear after the objection, so it is good practice for the Speaker to seek prior consultation when making decisions. Regarding Tuesday’s incident, the Speaker’s decision cannot be faulted. However, if a member attempts to raise an objection belatedly, time should be allotted.”

Why Should Time Be Given Even After the Fact?

According to the former secretary, parliamentary proceedings are a forum for discussion, argument, and rectification of errors. Procedural objections enable logical questioning and the obtaining of answers.

On What Issues Can Procedural Objections Be Raised?

Rule 20 of the House Rules allows MPs to raise objections when certain procedural norms are violated during the session. The specified rules include:

• Standing up and showing respect when the Speaker enters;
• Speaking without the Speaker’s permission or speaking without allocated time;
• Leaving the chamber without the Speaker’s permission;
• Speaking on irrelevant topics;
• Not disturbing while the Speaker is making statements;
• Keeping phones silent and refraining from phone conversations during the session, among others.

Likewise, Rule 21 outlines the code of conduct for members participating in debates, such as speaking only with the Speaker’s permission, refraining from criticizing the Speaker, avoiding indecent or insulting remarks, and not using unparliamentary language.

Rule 22 governs speaking order and procedures, prohibiting multiple speeches on the same motion without the Speaker’s permission, requiring questions to align with parliamentary decorum, and enabling the Speaker to call a member’s attention if they persistently repeat the same argument, with authority to order a member to stop speaking if necessary.

Furthermore, if required during debate, MPs may request clarifications from the Speaker, but contentious issues should not be raised. By carefully adhering to these rules, MPs can appropriately raise questions and procedural objections in parliament.