Politics
Retiring National Assembly members want changes in its working
They question the upper house’s composition and say there are discriminatory legal provisions against it.Post Report
Retiring National Assembly members say they are not fully satisfied with the performance of the upper house over the years.
Their dissatisfaction centres on the kind of representation in the upper house. They also have reservations over the chamber’s authorities as determined by the constitution as well as some laws that privilege the lower house.
As many as 20 members of the 59-strong Assembly are retiring on Sunday, as per a system that mandates a third of members to retire every two years.
“The parties have used the National Assembly as a platform to manage their disgruntled leaders and their close ones. Those who have lost local or lower house polls have been picked for the upper house,” said Khimlal Devkota, an independently elected member of the House, whose tenure ends Sunday. “The government also pays little attention to the assembly.”
Devkota adds that as the Assembly doesn’t have a role in making and unmaking the government, and even ministers, let alone the prime minister, seldom show up in upper house meetings.
He says though in principle both the chambers of Parliament have equal status, at least in their legislative roles, there are discriminatory legal provisions that don’t put them on equal footing. The upper house must take decisions on bills related to the budget within 15 days and gets only a maximum of 60 days to decide on the bills originating in the House of Representatives. But there is no similar deadline for the lower house, which Devkota believes is discriminatory.
Experts say the spirit of the constitution is that the National Assembly is inclusive and has the representation of reputed personalities from various walks of life. However, the parties acted against the constitutional spirit while selecting the candidates for the January 25 elections, according to them.
Apart from Devkota, Ganesh Timilsina, who is also the chairperson of the Assembly, Deepa Gurung, Indu Kadariya, Dil Kumari (Parbati) Rawal, Kumar Dasaundi, Narpati Luwar, Bhairab Kumar Shrestha and Ram Chandar Rai are retiring on Sunday after completing their six-year tenure.
Also completing their tenure on Sunday are Ramesh Jung Rayamajhi, Anita Devkota, Jitendra Narayan Dev, Prakash Pantha, Bina Pokharel, Hariram Chaudhary and Mahesh Kumar Mahara. In addition, Nanda Chapagain, Singa Bahadur Bishwakarma and Pramila Kumari and Bimala Rai Paudyal are also retiring.
The Parliament Secretariat is holding a farewell function on Sunday while there is a separate oath-taking ceremony for the newly elected members of the Assembly.
“The National Assembly has a key role in parliamentary democracy. But there have been questions over its composition,” said Pantha, a Nepali Congress lawmaker who also retires on Sunday.
For instance, not a single male Madheshi, Tharu or Muslim was elected from the last month’s election. Even the one elected from Madhesh Province was a male from the Khas-Arya community.
As per Article 86 of the constitution, 56 out of 59 positions in the upper house are elected. Each province elects eight representatives including at least three women, one Dalit and one among persons with disabilities or from minorities. An electoral college of provincial assembly members, chairs and vice-chairs of rural municipalities, and mayors and deputy mayors of municipalities, metropolis and sub-metropolis elect them.
Three are nominated by the President on the recommendation of the government.
If Devkota’s claim is anything to go by, as the National Assembly members are elected from the provincial and local levels, they are responsible for strengthening federal structures. However, despite some initiatives, the upper house has not been able to play its role effectively.
“Having said that, the National Assembly has set some good examples which the lower house can learn from,” Devkota said. “The upper house meetings were always held on time, there was no tension between ruling and opposition lawmakers and documentation was good.”
The Parliament Secretariat will be preparing for the election of the National Assembly chair with the new elected representatives assuming office Sunday. Though the election of the chair has been scheduled for March 12, other election timelines are yet to be published.
The ruling Nepali Congress and the CPN (Maoist Centre) are at odds over who should get the chair. The Maoist Centre, which has become the largest party in the Assembly with 17 lawmakers, is determined to have the post while the Congress also has a claim over it.