When the committee prepares the report under the direction of the ruling party, there is a fear that the dignity of the parliament will be weakened and it will be held accountable to the government.
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A special committee formed by the House of Representatives to study and investigate the fraud in the Civil Bill has prepared a consensus report on Monday. Even though it was the day after the extended deadline, there was no special reason for the report to be prepared, it was the result of not being able to withstand political and administrative pressure.
This case was not limited to the extravagance and deception that occurred during the law making process. The report of some of the subjects of the committee says so. But what the report cannot say is that there is an increased fear that the Parliament will be accountable to the government and not the government to the parliament. Theoretically, in a parliamentary system, the government should be accountable and responsible to the parliament. But in this case, it was seen that the parliament was responsible to the government. Because there was no one else to block the committee from preparing the report on Sunday itself, it was the 'instruction' given by the ruling party. The ruling party gave instructions to suppress the truth realized by the committee on Sunday. On Monday, the committee prepared the report. But the committee has not been able to establish any strong standard for identifying facts and recommending action. Instead, the expectations of citizens towards the committee have also been shattered. Such a trend will weaken the dignity of the highest institution like the Parliament, and will further strengthen the status quo of the ruling party and the organized bureaucracy.
The State Order and Good Governance Committee unanimously passed the civil service bill report with the provision that no re-appointment to a constitutional or government post has been completed for two years after leaving the civil or government service (cooling off period). However, when the bill was passed by the full house of the House of Representatives, the said provision would become null and void, and a provision was also made that 'no appointment can be taken to any position other than constitutional or diplomatic appointment and any other appointment made by the Government of Nepal'. A special committee was formed to study and investigate under the leadership of Congress MP Jeevan Pariyar on June 23 after increasing criticism inside and outside the House regarding the manipulation of the much-discussed provision. The committee has a mandate to investigate the reasons for the lack of identification when the report passed by the state system is submitted to the assembly and to investigate who and what role is involved in the preparation of such a report. Similarly, if someone is involved, they are asked to recommend whether action should be taken or not and to submit suggestions to prevent weakness in the future. Initially 21 days were given but later seven days were added. Although the time ran out on Sunday, the committee prepared the report only on Monday. The committee members agreed that the
bill report was rigged. Events also confirm it informally. Chief Secretary Ek Narayan Aryal and Parliament Secretariat General Secretary Padma Prasad Pandey were lobbying to remove the 'cooling off period' from the bill and Prime Minister KP Sharma Oli and the ruling partner Congress Chairman Sher Bahadur Deuba were also against the 'cooling off period', so the 'manipulation' in the bill could not be considered a human error. Therefore, it was not/is not enough to say that it is a fraud. The committee is expected to identify those involved in such a serious act and recommend action. External pressure on committee members is not incomprehensible. But since the committee itself is a part of the parliament, the committee should have dared to recommend action to the culprits, realizing the specific rights and capabilities of the parliament and realizing the sensitivity of the matter. But the committee is helpless in the face of political and administrative leadership.
Why is this matter meaningful for Parliament, its right to make laws is broken here. The fact that the State Arrangements Committee itself requested the National Assembly to correct the deficiencies during the passage of the bill also confirms such a situation. It is an unforgivable matter for parliamentarians and parliament to become the other party's decision-maker in the role of making laws. Such a tendency raises questions about the legitimacy of the upper echelon of people's representatives, Parliament. The system itself becomes injured. Strict action against the guilty is the last option to save it. The committee could have recommended it. Even if it was a matter not connected with Parliament, it was natural for those who committed crimes to be punished. This case should have been looked at in the same way. After reaching the conclusion that the bill has been tampered with, it does not mean that those involved in it cannot be detected. While the truth of many serious and complex crimes is discovered, the bill report is a place where some people control and manipulate. After concluding that fraud has occurred in the literal sense, identifying the fraudster and recommending action is a common matter. It is a question of whether to protect or not to protect the legitimacy of the Parliament, rather than the question of whether or not to protect someone.
