”Those who bring strict laws while in government should be aware that the same weapon will be used against them tomorrow.”
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Many provisions of the bill that the government has registered in the House or is drafting have started to be disputed. The pending land bill to facilitate the land mafia, the media council bill to establish a high command over the press, and the draft law to amend the criminal procedure code prepared by the law ministry have drawn criticism for amnesty and polygamy. The investigation committee has been formed due to differences in the bill report passed by the House of Representatives. Why is this happening? Is the government's intention wrong or has the role of parliamentarians weakened? Ghanshyam Khadka and Kishore Dahal's conversation with senior advocate Radheshyam Adhikari, who is also a former member of the National Assembly, for Kantipur:
The Land Bill with controversial provisions and the Media Council Bill are pending in the House. Similarly, homework is being done on the bill that allows polygamy or amnesty for any crime. Is this the governance system that we envisioned?
has become an eventful law in our country. Penalties are suddenly increased on a case-by-case basis. Again, if one of your own people is involved in such an incident, the fine will be reduced. This is a matter of concern. Law should always be absolute. The work is being done without paying attention to the interests of the people, society and the nation as a whole. The policy rules adopted in the system developed by us are being violated. Recently, there is a news - a bill is being prepared in the Ministry of Finance without the principled consent of the Cabinet. Doing so is an example of where we are going astray. There is a way to create a
bill. First of all, it is customary to send the bill to the Ministry of Law that we will draft such a bill. He takes a theoretical approach. And it is taken to the cabinet and the principled consent is taken. Then the relevant ministry prepares a draft of the bill as per the requirement and sends it back to the law ministry. He gives his approval by looking at aspects such as which laws the bill touches or affects, whether it is in accordance with the constitution or not. It can also ask to make corrections as per need. The Bill is then sent back to the Cabinet. The Cabinet refers the Bill within itself to the Committee.
The Bills Committee is chaired by the Law Minister. Other relevant ministers also sit. Once it is finalized, it will go back to the cabinet. Only then will the bill come to parliament. This is the process of making the bill. After reaching the parliament, another process begins. When the government brings any bill, it is reasonable to go through these various stages, so that the bill is not made randomly. Let the bill be made in accordance with the constitution and in favor of the people.
has recently become a legislative act as well. It has made a checklist of what to do and what not to do. It has been passed by the Parliament and approved by the President. So we have a lot of 'checks and balances' in place. Other countries have similar structures. There is a rule of law, a developed approach. Procedures and laws are followed to the letter. The same procedure has been set for us. But there is a custom to break.
In my experience, if the law minister is not strong in the bill committee, other strong ministers will create pressure. They say, 'Please pass my bill quickly'. "Don't interfere in my ministry," he says. Whereas, the meeting of the bill committee under the chairmanship of the law minister is to protect the constitution. The defense of the constitution is for the rule of law. Subjects like fundamental rights, freedom of the press, principle of separation of powers, protection of the federal system since federalism has been implemented are added here. All these questions have to be resolved one by one by the Bills Committee.
As I said earlier, if the Ministry of Finance makes the bill directly, the mentioned rules and procedures will not be fulfilled. If the rules made by themselves are not followed, the result will not be good. If the government wants a law quickly, then you can say that the priority bill is yes. You can move files quickly. But when the road goes astray, serious problems arise.
How many mistakes will be made in the process of making the bill was also seen in the context of the accrual of period of the civil bill! Whatever the MPs pass the bill, it will not be the same. Why did the parliamentarians fail in the work they were elected for?
In the case of 'cooling off period', the weakness of the parliamentarians has been seen. The MPs had earlier also slipped in a bill on e-commerce. The bill was debated in the National Assembly. But without reading the bill, he spoke out of context, causing a shameful situation. Famous MPs also spoke like that. The chairman did not intervene either. It was not seen that the secretariat informed the president. That's why the entire House was in trouble.
It has been proven from all sides that the provision of 'cooling off period' has been knowingly violated. Adding or subtracting references beyond the mandate is a very serious matter. The truth of that will be determined by the inquiry committee. I'll leave that to him.
We have limited manpower. If one employee, judge, government lawyer or teacher-professor is needed, there is no situation where thousands of people with the same ability are available. have increased more than before. Yesterday there were 10 people, today there are 50 people. But not enough. Therefore, there should be no need for a 'cooling off period' in terms of who will be employed by the state. Their experience is needed by the state. But therefore in principle I am not in favor of 'cooling off period'. On the other hand, the person who is now sitting where he is, is 'bargaining' with the state. We are not looking for the tendency to gain positions by 'bargaining'. Lobbying was done on the basis that removing the 'cooling off period' would be of personal benefit, I have political connections, the upheaval of the bureaucratic system that should be absolute, and the connection with the political class.
There was chaos after the Civil Bill reached the committee. It was trying to influence. Everyone cares about that. The bill was stuck for several days due to a detailed discussion on whether or not to keep a 'cooling off period'. Even so, not a single person in the entire House seemed to think that the matter which is sensitive, has been discussed a lot, and the interested parties have shown a lot of interest. First of all, such a matter should be looked into by the chairman of the committee. Since he has a secretariat to assist him, it should also look into it.
Earlier, the Ministry of Law looked at the final form of every bill after it was passed by the committee. But now complaints are heard that the Ministry of Law has been neglected. If this practice were to be maintained, the Ministry of Law would also be responsible for the 'cooling off period'! But after the role of the Ministry of Law was left out, only the Secretariat was left.
Who minimized the role of the Ministry of Law?
The role of the Ministry of Law was minimized by the Parliament Secretariat. Earlier, no Bill was passed without the Secretary of the Law Ministry. It's broken now. Not only in the Civil Bill, but in a series of 'checks and balances' have been broken. Now, if you like, people from the Ministry of Law are called, people from the Ministry are shown, if you don't like it, you are not called, you are not shown. But the Legislation Committee of the National Assembly is still asking the Ministry of Law.
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The National Assembly is considered a more mature assembly than the House of Representatives. But it has been criticized for leaving a difference in the work. Is there a weakness in its formation process or selection by parties?
has become a weakness in parliamentary parties. Parliamentary parties should facilitate their MPs in matters including the study of bills. MPs should not be controlled. They are free to put their amendments. However MPs may not know all the procedures and methods. They may not be law students, they come from different fields. Therefore, the parliamentary party has to facilitate many times. When I was a member of the parliamentary party, there used to be discussions regarding special bills. The subject of other bills was left in abeyance. It would be better if the bill-by-bill review is made like a law committee and all MPs are called and discussed.
The Education Bill is currently under consideration. It is a bill that will affect from the highest to the lowest classes and generations of the state. But this is not discussed in any parliamentary party. On the other hand, the government is badly bogged down with various agreements. There are conflicting agreements. A few things should be noted in this bill. First, it is said that the local level is responsible for education up to 12th grade in the constitution itself. Second, tomorrow is at the local level, now we start. But let's not let the teachers who, where, and how they live today, be unfavorable. Thirdly, since the law is made according to the constitution of 2072, the federal law and the federal government only looks at the determination of teacher's qualification, teacher's license, examination system, certificate, curriculum. The province monitors and inspects schools. The operation, management, placement or removal of teachers is done by the local level.
Now, on average, the cost per student in a public school is not less than that of a private school. But why is there a difference in the results? I have a humble request to the Gurus – I am aware that your class interest, the benefits you are getting, should not decrease. But it is not fair to say that you entered the school yesterday on the basis of fees, today you need such a percentage, you had to get a permanent post without taking the exam, otherwise the state had to pay a huge amount and throw you out. You can't teach your children in the school you teach. How do you teach other people's children?
046 years ago when political parties were banned, teachers were taken with them. Teachers have been used against the Panchayat system. That is not the case today. Therefore teachers must also be transformed. They should give their time to the school. Do not carry political party bags. If you want to say 'Lal Salam' or 'Jai Nepal', you should resign. But there is no excuse to stay in school and do politics.
Why is the government trembling on the education bill? Why can't take a stand? Clearly, teachers have been made activists. He has been able to use his money in elections without spending it. Because of that self-interest, the government and parliamentarians have put education in a hole.
The government may have its own interests. But the parliamentarians do not seem to be able to take a stand on their prerogative to make laws. Doesn't it seem that the bill has been cleared? A long time has passed by waiting for the government's opinion in the education bill!
The teacher threatens the MP himself. If you do otherwise in this bill, how will you fight elections, we will see. The interests of the parliamentarians who have to win the election tomorrow with the help of the teacher are connected. The same goes for other bills. Its stakeholders exert pressure. Co-operative, education or staff all have the same view. They are putting everything else at the mercy of protecting their interests.
In some bills, it is heard that certain interest groups provide amendment proposals to the parliamentarians, and direct the parliamentarians according to their preferences from the beginning. How long?
We believe in principle that laws should not be made without listening to stakeholders. Today it is not said that teachers should not be listened to. By doing so, the legitimate demands of the employees should also be heard. Every time a bill comes, stakeholders come to have their say. When I was an MP, I was a 'key person' for our party. That is why they came to me more and more with the subject of amendment in the bill. But I was never disturbed that they came. I used to listen to them. I used to discuss. I used to say that these things of yours are admirable, these must be corrected, these are worth considering. Considerable means I can't take your word for it. So we will discuss. Stakeholders have brought it in writing and if necessary, amendments will also be made. There is no objection to that.
Are the topics that come up like that people-centered or not? Special attention should be paid to whether it is useful for the nation or not. After being clear about it, the issue of NGO brought or INGO does not make sense. The inside depends on what the subject and not to do. It had to analyze that. The laws of the people have been capable of being chosen. They cannot be sprayed. They have come to the peer of the people. It is not enough to do not know when he comes to the parliament. Once we have a crop, it seems the line of a man to give alternatives. Information goes. MPs should not keep ourselves away from their voters. That is, the bill or amendment should be focused on whether the people are centered.
first previously agreed / businessmen / professionalizer would promote their interests before MPs, was said to form a law and policy. Now that self-saf has become signs, the committee is found in his selfish committee and submission. How has it affected the law?
is elected by the MPs. So they should not analyze their class. The contractor, Merchant, has come to conform to the people. This issue should take care of. The House of Representatives and National Assembly states which committee will live or not. Where there is a conflict of selfishness, it cannot be found in the committee. Wealth should be done. But the law of the regulations are not being implemented. & Nbsp;
E I remember an incident in the way of 2058. The Committee Adhikari was being discussed at the Cooperative Bill in the Bharatmon Adhikari. During the discussion, I said, 'There is a copy of the principle of cooperatives. Creates a big problem tomorrow. Let us not pass the bill. 'He agreed on my argument. But there was an engine of the cooperatives. He kept his hard understanding of the cooperatives there. The bill was proceeded by their lobinings and logic. Viduups today has been raised in the cooperative. & Nbsp;
also said, "It is said, 'The Supreme It says' Looks at the Supreme.' 'Keep the Most High, what's the headache?' They say. At the national assembly, a bill came to be. I was saying that some of its provisions adversely, "the constitution is adversely. ' Where is the other watching and adversely watching the constitution? Politics should also said. Overall, the bills are not determined for one reasons for breakfast or forming. If people have people that put the important aspects of people in the center and the nation, it will improve.
should be a law for the best interests of society and the nation. But now it seems that the law was brought for a given group. Bills brought to the amendment of Nepal Trust Act from the land has made it clear such a situation. Why is this happening?
is that it will run around the world. Such a task is to be done. But even if trying, we cannot always succeed! That's the beauty of democracy. Some of the bill is taken silently with the government to get back! Pereti Gyanlight minister came to Piracy Gyandari Minister during the year 2074 BS. It was advisable provisions of passage to the citizens. Meaning with Minister Jehaali, I also mentioned about the weaknesses of the bill. He agreed to my argument. The committee of the National Assembly also passed away. However, due to technical reasons, the bill was allowed to be another image. I requested the then presidential steward to return to the bill to return. The bill became back. So here is not just all bad here. The bottom of the bottom are also found to be positive. But should be alert.
should be underestrated about them. After coming to selfishness, four of them came to Mrilege once a day. They were the president of various Private Bank. Specified not to live in the conflict of selfishness. They understood elsewhere and then resigned from the chairperson. There is also a person who will be said. The concerned party should also pay attention to this topic.
Act becomes. His implementation executive do. But is it being implemented in line with the case of the Act? It is customary to pass the law by keeping stories. That is, it is customary to write to 'appointed.' We used to make fun of the legal committee. 56 The bill of Articles came a bill of rights in 59/60 places. That is, the rights to make laws were 20 percent of MPs and 80 percent of the civil servants. That condition is still now. Some of the bills have changed the apilation of the bill. It is not to pass the law by taking such a authority.
also tells another thing. Inclusive, women, tribes, tribal, tribal, tribal, tribals, the people of Madhesi, backward classs come to Madhesi. Their collective vowels are very strong. That is why we cannot leave the principle of proportional inclusive. Women's work is coming to make a law that can be a majorary to be polygamous now. But I have a challenge to passing this provision. No one has enough. Which female lawmakers vote in its support? Which male donates not ashamed of shame?
Media Council is also talked without being at a beginning. Other media is tightening the faces of the people. When the people are shorn, when cannot be trait on the eye, they cannot be talked. No matter how much the media can be afraid of the media. If you have done wrong, you must accept it. Does not shy away with the people. This is also the same with the press. The leaders had to be able to stop the magazine that they would not stop it. Had to develop such a potential. It was to keep the same weapon that another weapon uses on him by bringing strict laws on the government. When the
is known to become a government, the ruler is heartbreak. Trying to bring a tough law. No matter how tried to bring laws. At present, removing the negative decision to disrupt the court's decision is to remove the negative list. How can that dare?
I said that the bill is being brought to the incident. This result comes the consequences if you are written a bill by remembering the incident. This is the incident, not absolute. The
government will push the convention of the parliament or ending fast, to bring the ordinance to pursue a certain interest. Political parties, constitutional councils or landsium are some references. Don't such a tendency not affecting our system?
ordinance is the job 'anti Pipl' job. According to Final Minister Madhav Poudel, it is a vigint in South Asia. The British had this practice to pay its rule. But it was very misused in South Asia. Such evil is not to move forward. It is very bad for the people that the people do not see the face of the representatives of the democratic. MP representatives representing the people is a bad practice.
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