Prime Minister Balen Shah's Absence Sparks Parliament Debate on Accountability

Kathmandu. A commotion occurred in Parliament on Wednesday when Prime Minister Balendra Shah (Balen) was not present to present the proposal for discussion on the policy and program. The Prime Minister's absence has been sought in Thursday's meeting as well.

In a parliamentary system, the Prime Minister must be accountable to Parliament. However, the opposition alleges that by 'delegating' the Finance Minister on a discussion of a proposal as important as the policy and program, he is not accountable to Parliament.

Ruling party lawmakers, however, have been stating that there is no justification for protesting as the House of Representatives rules do not have any provision requiring the Prime Minister to be present.

Currently, the House of Representatives Rules 2079 is in effect. As the new rules have not yet been passed, Parliament has been operating according to these rules. This rule gives unlimited power to the Prime Minister. To such an extent that there is no provision for the Prime Minister to be present at any time.

संसदमा बालेनको नाममा लफडा, नियमावलीमै नभएको व्यवस्थामा किन अड्डी कस्दैछन् विपक्षी ?

As claimed by the ruling party and a cursory study of the rules suggests, ample discretion is given to delegate to another minister or send in their stead.

Rule 38 of the 'Policy and Program' related rules, which caused controversy in Parliament, also clearly states that 'the Prime Minister or, in his absence, any minister designated by him' can act. It is based on this rule that Finance Minister Wagle presented the proposal on behalf of the Prime Minister on Wednesday.

There are only a few specific provisions in the House of Representatives that mandate the Prime Minister's presence in Parliament. Beyond this, there are provisions allowing other ministers to be assigned responsibilities.

To such an extent that even when taking a vote of confidence or discussing a no-confidence motion, there is a provision that the Prime Minister does not have to be present. Here we will discuss the provisions in the rules that require the Prime Minister to be present.

1. During Question and Answer Time with the Prime Minister
One hour of the first day of the meeting of the first week of the month is set aside for asking questions on important matters directly related to the Prime Minister or his area of work.

Rule 56(4) provides that the Prime Minister must be present in person and answer the questions asked immediately. This rule does not envision other ministers being present. However, there are instances where the Prime Minister has not participated in question and answer sessions in any given month.

2. On a Proposal Related to Vote of Confidence
The Prime Minister must present a proposal by giving a statement in the meeting to take a vote of confidence. The Prime Minister must answer the questions raised during the discussion on this proposal.

However, a provision has been made that only a minister authorized by the Prime Minister can answer if the Prime Minister is unable to attend in person due to illness or circumstances beyond control.

3. In the Discussion Related to a No-Confidence Motion
Rule 156 of the House of Representatives Rules provides that the Prime Minister must answer the questions raised during the discussion on a no-confidence motion filed against the Prime Minister.

In this too, there is discretion for a minister designated by the Prime Minister to answer only if the Prime Minister is unable to attend due to illness or circumstances beyond control.

4. On a Proposal to Approve the Declaration or Order of a State of Emergency
Rule 235 requires the Prime Minister to present a proposal to the meeting by giving a statement for the approval of the declaration or order of a state of emergency. The Prime Minister must also answer the questions raised during the discussion on the proposal.

Even in this situation, there is a provision to delegate authority to other ministers only in case of illness or circumstances beyond control.

5. During Discussion on Matters Related to His Ministry
Rule 6, Sub-rule 5 of the rules provides that the concerned minister must be present during discussions on matters related to any ministry. When discussions are held on matters related to the ministry headed by the Prime Minister (e.g., the Office of the Prime Minister and Council of Ministers), the Prime Minister's presence is mandatory in the capacity of the departmental minister.

There is no provision in the rules for other ministers to answer this rule. However, there are ample precedents where other ministers have given answers on behalf of the Prime Minister's Office.