Member of the House of Representatives CK Raut, who is also the chairman of the Janamat Party, registered the 'Discrimination (Crimes and Punishments) Bill based on caste, colour, region, dress, nationality or origin' at the Parliament Secretariat on Monday. It is mentioned in the theoretical concept that the bill has been proposed to establish caste and racial discrimination as a punishable crime by adopting the fundamental rights of the constitution and the principles of international human rights.

Bills come to the House through two channels - Government or Ministers (Government Bills) and MPs (Non-Government Bills). In Article 110 (2) of the Constitution of Nepal, it is mentioned that Finance Bill, Bill related to Nepali Army, Nepal Police or Armed Police Force, Nepal and other security agencies shall be presented only as Government Bill. Apart from that, parliamentarians can register non-governmental bills individually or collectively on matters of public interest.

Rule 100 of the Rules of the House of Representatives 2079 has also given the facility that "subject to the constitution and these rules, any member can introduce a bill". The practice of non-governmental bills is found in countries that have adopted parliamentary practice including Nepal.

Parliamentarians get an opportunity to present their creativity through non-governmental bills. They can personally create pressure on the government by making them realize the need for legislation in the relevant field. If a non-governmental bill is prepared on a matter of public importance, it can become more popular among the people . There is also an opportunity to bring neglected issues into the mainstream and advocate for them. 

Constitutionalist Bipin Adhikari says that non-governmental bills are practiced so that the view that only the government raises the bill is not established. "If the content is right and if it is necessary for the country, the way has been opened so that anyone can bring the bill as a people's representative," he said to Kantipur, "Bills that are very strong and financially responsible will not be passed through this path." For that, it should be on the government's agenda. But in some cases, it is also used to understand the wave by 'throwing a stone into the water' for the purpose of knowing the public response to the issue that the government has not been able to dare.'

The official says that non-governmental bills are not the basic method of law making in all parliamentary systems. Although there are many benefits to MPs as envisioned by the constitution and regulations, which are in global practice, there is a decrease in the practice of non-governmental bills in Nepal.

How many non-governmental bills in which parliament?

In the 2016-17 parliamentary term, no non-government bills were registered. In the parliamentary system after 2048, many non-governmental bills have been registered. For example, during 2048-51, when 137 government bills were registered, 25 non-government bills were registered. According to a study report done by the Federal Parliament Secretariat in 2079, none of the non-governmental bills could be passed.

Similarly, during the period from 2051 to 2056, there were 126 government and 19 registered. 3 out of 19 non-governmental bills were passed. In the parliamentary history of Nepal, these are the only three examples of non-governmental bills being passed.

In this process, Dr. The Nepal Health Practitioners Council Bill, 2052 registered by Shankar Prasad Upreti, the Human Rights Commission Bill, 2052 registered by Mahesh Acharya and the Legal Aid Bill, 2053 registered by Subash Chandra Nemwang have been passed and became laws.

During 2056-2059, 112 government and 12 non-government bills were registered. But none of the non-government bills were passed. 

According to the study report of the Parliament Secretariat, during the tenure of the restored House of Representatives in 2063 (from May 2063 to the end of December), 51 government bills were registered, and no non-government bills were registered. 40 government and 3 non-government bills were registered during the period of the Interim Legislative Parliament formed in January 2063. But the non-governmental bill was not passed.

During the first Constituent Assembly/Legislative Parliament (2065-2069), 121 government and 7 non-government bills were registered. During the Second Constituent Assembly/Legislature/Transformed Legislature (2070 to 2074), 146 government and 2 non-government bills were registered.

During the tenure of the Parliament formed in 2074 (2074 to 2079), 147 government and 6 non-government bills were registered. But none of the non-governmental bills could be passed.

Two non-governmental bills have been registered during this term of the House of Representatives. On October 12, 2080, Member of the House of Representatives, Pradeep Paudel, registered the 'Drugs and Health Products (Regulation and Control) Bill, 2080'. After he became a minister himself, the bill has now become inactive. The second non-governmental bill was registered by CK Raut on Monday.

only desire!

It is seen in the data that 76 non-governmental bills have been registered so far in different parliamentary periods. However, it seems that the possibility of the non-governmental bill becoming a law is very low because of the passage of only three. Rather, it seems that such bills are only the wishes of the MPs concerned. It must be due to the lack of success, there has been a decrease in the registration of such bills in the recent parliament. However, sometimes MPs register such bills on various issues.

Since the non-governmental bill is registered by an individual/Member of Parliament, it is not possible for him/her alone to have a majority in the House . It is difficult for the said person/MP to get the consent of all the parliamentarians including the government itself, the parties of the power coalition and the majority in the house. Other than the concerned parliamentarian, the bill is not adopted.

Even in the Consultative Committee of Working Arrangements usually: the said person/MP is not a member . Since he is not represented in the place of determining the agenda of the House, there is no hesitation in moving the bill forward. The speaker is also not seen to be leading the discussion on the non-governmental bill and to move it forward .