CPN-UML's Bartaula Questions Provisions in Proposed House of Representatives Regulations

Kathmandu. Mahesh Kumar Bartaula, the outgoing Chief Whip of the CPN-UML parliamentary party, has raised concerns regarding certain provisions in the proposed draft of the new House of Representatives regulations. Bartaula criticized Rule 259 of the draft prepared by the Regulations Drafting Committee, arguing that it challenges existing federal laws and is both flawed and contrary to the principles of legal balance.

Rule 259 of the proposed regulations states that 'notwithstanding anything contained in prevailing laws, these regulations shall apply as federal law and function as special law regarding the House, committees, and members.'

Addressing this point, Bartaula clarified that the regulations cannot replace or render existing laws ineffective. He argued that the regulations are essentially procedural documents intended for the operation and internal management of the House.

Bartaula asserted that from a legal and constitutional perspective, the regulations cannot be considered substantive law. While Article 104 (1) of the Constitution of Nepal grants the House the authority to create regulations to govern its procedures, he noted that these must remain within constitutional boundaries.

Bartaula stated that provisions placing lawmakers above the obligations set by prevailing laws or granting immunity from legal accountability are inconsistent with the rule of law and democratic values.

He suggested refining the regulations before their passage, noting that seeking the status of 'special law' for members or committees is contrary to parliamentary tradition. He concluded that while necessary provisions should be included to make the legislative process more effective, transparent, and high-quality based on past parliamentary experience, the regulations should not be introduced in a way that overshadows the Constitution and prevailing laws.