Newly Elected Nepali Lawmakers Face Scrutiny for Overstepping Authority Before Taking Oath

Kathmandu. Many new faces were elected in the House of Representatives election held on Falgun 21. They will officially become members of parliament after taking the oath of office and secrecy as members of the House of Representatives. The oath-taking ceremony is yet to happen. However, some lawmakers have already started 'stunts,' presenting themselves as executive heads.

The rush by new faces from the Rastriya Swatantra Party (RSP) and other parties to issue directives and conduct monitoring, going beyond their official responsibilities and constitutional jurisdiction, has raised legal and constitutional questions.

RSP's newly elected lawmaker Ashika Tamang has been the most discussed and controversial. She issued a public 'directive' via social media instructing that no toll tax should be collected from vehicles traveling from Malekhu to Talti in Dhading.

Tamang wrote, 'Effective today, no vehicle traveling from Malekhu to Talti will have to pay a fee; I inform you that I have directed the concerned bodies.' Not only this, but she also 'directed' the halt of sand excavation taking place in Benighat-Rorang Rural Municipality and warned of action if not complied with.

However, constitutional experts and specialists have termed this as 'populism' and 'infringement of jurisdiction.' According to Schedule 8 of the Constitution of Nepal, the authority to collect local taxes falls under the exclusive jurisdiction of the local level. A federal lawmaker has no constitutional authority to directly interfere with or direct the local level's tax system.

Race for Monitoring and Discussion

Not just Tamang, other lawmakers have also started visiting various bodies to exert pressure even before taking the oath. Another RSP lawmaker, Sudan Gurung, visited the under-construction parliament building for monitoring, while he has been 'directing' Nepal Telecom officials to resolve data pack and network issues.

Similarly, Prakash Gautam, the lawmaker from Makwanpur-1, held a meeting with stakeholders regarding the improvement of Hetauda Hospital. He has shown interest in the hospital's physical infrastructure and human resource management. Entering an official role before taking the oath has raised questions about parliamentary decorum. These are just representative examples. Many lawmakers are calling government office chiefs, Chief District Officers, and Police Chiefs, giving them directives in their capacity as MPs, and then publicizing it, claiming they are doing 'public service.'

Experts Say: A Lawmaker is a Legislator, Not an Executive

According to Krishnaprasad Sapkota, a Constituent Assembly member and local level affairs expert, the Constitution of Nepal clearly divides authority among the three tiers of the state (Federal, Provincial, and Local). 'Article 56 explains the three tiers of the state. The local level has its own process for financial authority and tax collection. Taxes are not imposed or waived just because a lawmaker says so,' he said.

Advocate Majid Ansari, who is also a civil society leader, called Lawmaker Tamang's move contrary to the spirit of federalism. 'The local level is not a unit of the federal government or a lawmaker; it is an autonomous body,' Ansari says, 'A lawmaker's job is to create laws, not to issue 'executive' orders to collect or stop taxes. Even the Prime Minister or the President does not have the personal authority to issue such directives.'

He and other civil society leaders are commenting that the stunts by newly elected lawmakers, who do not understand their roles, will lead to anarchy.

High Interest from Local Levels

Laxmi Devi Pandey, Chairperson of the National Federation of Rural Municipalities, stated that they are closely watching the activities of the lawmakers. She said, 'It might be too early to comment now, but we are keenly observing these activities in the context of the constitution and the rights of federalism. Once the government and parliament are fully operational, their roles will become clearer.'

Officials from the Nepal Association of Municipalities argue similarly. 'Perhaps some lawmakers feel the need to show results immediately upon arrival, but they must follow the style and legal procedures. Let's not comment for now. Time will tell,' says an official from the association.

Role-Beyond Stunts Lead to 'Anarchy'

Political analysts comment that while the enthusiasm of new lawmakers to work and solve public problems is commendable, crossing legal paths and constitutional boundaries signals anarchy.

An RSP lawmaker who was also a member in the previous term says, 'The main role of a lawmaker is policy and lawmaking in parliament. But the trend of going to the streets and offices to issue directives in a stunt-like manner is not good.' He mentions that RSP is conducting orientation to correct this very issue. 'Lawmakers will mature gradually. This is happening because they are new,' he says.