MP's priorities and questions

The message given by 'except, or, other, must be remembered' in the explanation of the position of the qualification for federal parliamentarians can be argued according to self-interest without clear instructions.

Shrawn 15, 2082

Lekhnath Bhandari111

MP's priorities and questions

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People's representatives elected by the people will work and make policies for the creation of state management methods. Although there are no formal qualification criteria for elected representatives, they are committed and responsible representatives for the implementation of the policy principles of the political party.

Therefore, the state provides maximum facilities to the elected people's representatives, including the federal parliamentarians, for earning a living. A person who is a full-time representative of the state cannot spend time in a political or any other executive role and take additional facilities as long as he remains in the facilities of that position.

It is believed that the representatives elected by the people are accountable to the people and the parliament, and there is no provision to guide them in the constitution and the law. To respect the people's vote and follow the spirit of the constitution, the parliamentarians should fulfill their time and role by being fully accountable to the parliament. 

Various incidents have shown that parliamentarians are not accountable to parliament for some time. Regular activities of the parliament have been stopped many times due to lack of quorum in the parliament despite being present. Parliament meeting has been postponed for internal party activities. Due to the lack of regular parliamentary activities and lack of awareness of the seriousness of the issues, the Bills have not been completed within the stipulated time.

A parliamentary committee has been formed to investigate the confusion caused by the word 'except' in the formulation of the Federal Civil Code. The role to be played in following and revising the party's policy program and the basic principles of the state, the vigilance of the parliamentarians who can recognize and resist the pressure of interest groups should be a priority.  The tradition of having a dual role in the

party and parliament at the same time has also weakened the role of MPs. A political party may call upon its party leaders-workers who wish to participate in the election in writing before the election to state their interests, priorities, action plan and time commitment. Political parties can make the role of their parliamentarians effective and provide maximum benefit to the people free from double responsibility and can be restored after returning. 

Political party leaders, parliamentarians, ministers and prime ministers have no formal qualification limits. In the Constitution of Nepal 2072, the criteria for completing the formalities is that Nepali citizens must be 25 years old in the House of Representatives and 35 years old in the National Assembly. Those provisions do not require formal or academic qualification of the person concerned.

These provisions are also necessary criteria for other posts that have formal qualification in government service. Part-8 of the Constitution, Article 87 of the Federal Legislature, focuses on the 5 qualifications specified for members of the House of Representatives and the National Assembly.

Article 87 states in the explanation about the provision of "not occupying a position of profit", "for the purposes of this section, a position of profit shall mean any other position that receives remuneration or financial benefits from government funds except for the political position filled by election or nomination." The word 'except' was inserted unauthorizedly to circumvent the Parliament to undermine the main provisions of the civil service provision. 

The message given by 'except, or, other, must be remembered' in the explanation of the position of merits specified for federal parliamentarians can be argued according to self-interest without clear instructions. It is said that in the explanation of the 'nine horns of the law', 'any other position that receives remuneration or financial benefits from government funds except for political positions', it is certain that remuneration should not be taken from government funds in this phrase, but what does it mean when it is said 'or any other position that receives financial benefits'? If it is the salary taken from the government fund, is the benefit received from other positions that get financial benefits the same as salary or not? How do you remember what those features and positions are? 

This is the basic message of the arrangement and spirit of the constitution, parliamentarians should not take any facilities and should not give time and labor to be in dual executive responsibility. This provision is made subject to legal complications by adding the words 'except, or, other, and shall remember'. The priorities and accountability of parliamentarians have been diverted without clarifying where they will be focused. 

Federal parliamentarians of Nepal receive salary or financial benefits from the state fund, not just meeting allowances like partial facilities. It is the maximum facility fixed by the State for earning a living for full-time service. While holding the position of MP, it is not possible to take advantage of the executive role of other organizations and give time to take this facility for personal reasons. Therefore, parliamentarians are not allowed to work in an executive position of benefits, receive benefits, and give time and labor by taking any other facilities other than those provided by the state.

Like every year, this year the government presented the annual budget and policy program to the parliament. MPs participated in the discussion on the budget and completed the 'Karmakandi' process. Prime Minister KP Sharma Oli defended the budget, which was opposed by the parliamentarians as discriminatory, and responded in a threatening manner, saying, "Parliament is a place to act from within the system." It was not a place to make fun of sacrifices, against the system, against the constitution, not obeying the law, doing what you can.'

The Prime Minister stood on the floor of the parliament and pointed his finger at the parliamentarian who questioned about the budget and said, 'I tolerate criticism, abuse and opposition, but the sacrifice of martyrs, the past struggle, the system and the constitution cannot be tolerated.' Instead of following the 'ritual' tradition of protest after it is done, it is appropriate to draw the attention of the concerned parties about the selection and priority of development projects from now on. Instead of wandering around for agricultural fertilizers and seeds every year after June, shouldn't we start taking action on this a year in advance?

How much time parliamentarians spend in parliament, which topics should be prioritized, how much they will participate in other public activities, foundation laying, inauguration, assurances and what kind of party programs they will participate in. Dual roles should be reduced and parliamentary activities in policy and law making should become the priority of MPs.

 

Lekhnath

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