Legislature (Civic Awareness)

Unit 5: CIVIC AWARENESS

Lesson 1: Legislature

 

 

Background

According to the constitution of Nepal, “Nepal is an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican state.” Legislature, executive and judiciary are the major organs of the nation. These three organs are spirit of democracy and function on power sharing principle. They posses power that control each other so that no organ can become too powerful which is called check and balance system.

Introduction

The legislature is the lawmaking body. The legislature makes the law for the nation and the state performs its activities under these laws. The constitution has made a provision of a bicameral federal legislature consisting two houses: House of representative and the National Assembly that is under federal Parliament. At the same time there is unicameral legislature in a provincial government that functions under Provincial Assembly.

Federal legislature

1.     Composition of House of Representatives: Among 275 total members, 165 are elected through first past the post (FPTP) electoral system and 110 members elected form the proportional electoral system. The term House of Representative is of 5 years.

2.     Composition of National Assembly:  In the total of 59 members, 56 are elected from seven provinces and 3members including one woman nominated by the President. The constitution has made the provision of woman participation in more than one-third seats. The term office of members of the National Assembly is 6 years and that of one-third expires in every2 years.

Qualification for members of Federal Parliament

1.     Being a citizen of Nepal,

2.     Having completed the age of 25 years for the House of Representative and the age of 35 years for the National Assembly,

3.     Not having been convicted of a criminal offense,

4.     Not being disqualified by any Federal Law, and

5.     Not holding any office of profit.

(The House of Representative elects a speaker and deputy speaker and the National Assembly elects chairperson and vice-chairperson among themselves to chair a meeting.)

Federal Legislative Procedures

1.     Procedures for introduction of bills: A draft of proposed law presented to parliament for discussion is called a bill.

2.     Procedures for passage of the bill: The bill proposed by a party is transmitted to other House and if the house passes the bill it is presented to the President for approval.

3.     Assent on Bill: A bill presented to the president for his/her approval should be assented within 15 days. A bill becomes an act/law after the president gives assent/approval to it.

 Provincial legislature

Composition of Provincial Assembly

There are seven provinces in Nepal and a unicameral legislature in each province which is called Provincial legislature. Its 60% of members are elected from FPTP electoral system and 40% from proportional electoral system. The term provincial assembly is five years unless dissolved earlier.

Local Legislature

The legislative power of the local level is vested in the Rural Municipal Assembly and Municipal Assembly. There are 460 Rural Municipal Assemblies and 276 Municipal Assemblies in Nepal.

Composition of Rural Municipal Assembly and Municipal Assembly

Rural Municipal Assembly

1.     Chairperson of Rural Municipal Executive

2.     Vice-chairperson of Rural Municipal Executive

3.     Ward Chairperson Elected from each ward.

4.     Four members elected from each ward.

5.     Two members of the rural municipal executive, elected by rural municipal assembly from Dalit or minority communities.

 Municipal Assembly

1.     Mayor of municipal Executive

2.     Deputy Mayor of Municipal Executive

3.     Ward Chairperson elected from each ward

4.     Four members elected from each ward

5.     Three members of the municipal executive elected by municipal assembly from Dalit or minority communities.

 Functions of Legislature

1.     Law formation function: The major function of the legislature is to formulate new laws or amend (make minor changes) prevailing laws according to the need of the country.

2.     Administrative function: The members of legislature control over the council of ministers by asking questions, forwarding the proposal to draw the attention and criticizing it.

3.     Financial controlling function: The legislature also passes down the budget of the nation. No tax can be collected from people and no money can be spent from the national treasury without the permission of legislature. It is also known as guardian of the national treasury.

4.     Constitution amending function:  According to the article 274 of the constitution of Nepal, a bill is introduced in house of the federal legislature and if passed by at least two-thirds majority of total members of both houses of the federal parliament and assented by the president, the constitution gets mended from the date of assent.