Key Bills Including Federal Civil Service, Police, and Education Lapse as Parliament Dissolves; New Session Expected to Expedite Legislation

Kathmandu. Bills related to the Federal Civil Service, Nepal Police, and school education, which were advanced through considerable contention in various committees of the previous House of Representatives, have become defunct following the dissolution of parliament. However, for these crucial bills concerning employee management, security, and education—all directly related to the implementation of federalism—the upcoming session appears to offer an easier path based on parliamentary arithmetic.

These bills, which reached a 'zero' state after the parliament was dissolved on Bhadra 27 following the volatile situation arising from the Genji movement, may serve as significant 'fodder' for the upcoming parliament.

Generally, a simple majority is required to enact new laws from parliament. In the elections held on Falgun 21, the Rastriya Swatantra Party alone secured 182 seats. Consequently, this party will possess the sole decision-making capacity in every parliamentary committee. Therefore, the 'finalization' of such bills with significant and long-term impact will proceed rapidly in the next session.

According to a study conducted by the Legislation Committee of the National Assembly, over 320 laws are required for the implementation of federalism. Some matters have been addressed through the passage of the Some Nepal Acts Amendment Bill. Previous governments had sent details to the Federal Parliament Secretariat, establishing first, second, and third priorities for enacting such laws.

According to Secretariat Spokesperson Ekram Giri, 31 bills pending in the House became inactive after the dissolution of the House of Representatives. There is a legal provision that bills originating in the House of Representatives, or those originating in the National Assembly and pending in the House of Representatives, automatically become inactive upon the dissolution of the House of Representatives.

"Five bills originating in the National Assembly and still under consideration in the upper house remain active," said Spokesperson Giri, adding, "The National Assembly has completed its proceedings on three bills and sent them with a message to the House of Representatives."

The bill concerning alternative financial management was registered in the Parliament Secretariat by the caretaker government. Three ordinances were presented to the House in the last session of the National Assembly. These will enter the House of Representatives as 'business' for that body.

Bills that lapsed due to the dissolution of parliament can be updated to current standards and advanced as new bills. "The government can register a new bill by taking some bills as a 'reference'," Spokesperson Giri stated, "Even if it is the same bill being advanced, it must go through a new process."

A proposal submitted to the House by the government for lawmaking is a bill. Bills are categorized as government or non-government bills based on their origin, subject matter, and presentation. Except for finance and security matters, members of parliament can also register bills privately, which are known as non-government bills.

In Nepal's parliamentary history, the 'Nepal Health Professional Council Bill, 2053', 'Human Rights Commission Bill, 2053', and 'Legal Aid Bill, 2054' were registered and passed as non-government bills.

Based on subject matter, bills are divided into finance, general, principal, dependent or supplementary, amendment, ordinance replacement, constitutional amendment, and appropriation bills.

Parashuram Meghy Gurung, former chairman of the Legislation Management Committee of the National Assembly, states that in Nepal, two main stages—pre-legislative and legislative—are adopted for lawmaking.

In the pre-legislative stage, the bill goes through theoretical agreement, drafting, submission to the Council of Ministers, and presentation in parliament. In the legislative stage, procedures such as giving notice for permission to present the bill, opposition to the motion for permission, general and clause-wise discussions, discussion in thematic committees, and discussion and passage on the committee's report are followed.

Similarly, bills originating in the National Assembly are sent to the House of Representatives, and bills originating in the House of Representatives are sent to the National Assembly. After being passed by both houses, they are certified and sent to the President for promulgation.

The parliamentary regulations mention that after the House of Representatives passes and sends a bill, the National Assembly must complete the parliamentary process and return it with a message within 60 days, or within 15 days in the case of financial bills.

The principle is that laws made by parliament should be passed after extensive debate and discussion, allowing necessary time to ensure quality. However, there is a practice of 'suspending rules' of the concerned house when laws need to be enacted in haste.

"There was a provision that laws related to fundamental rights must be enacted within three years after the promulgation of the new constitution; some laws were passed by suspending the rules at the last moment," said Spokesperson Giri.