In a democratic state system, the parliament remains the sovereign body that makes laws. Although the names of the legislative bodies that make laws are different in different countries, the tasks, roles, and responsibilities remain similar.

The main responsibility of the parliament, which is the legislature, is to discuss and resolve the problems of the people in the house. The 'voice of the people' is expressed in the parliament through the people's representatives. Similarly, the parliament also has the task of making the bulk laws necessary for the operation of the state, making the government responsible and accountable, authorizing the government to spend the budget, and monitoring and supervising the activities of the government. In addition, it has to perform the tasks specified by the constitution and laws.

Parliament also has to form the government and remove it from the no-confidence motion, approve treaties, investigate the conduct of officials who are removed from office through impeachment and remove them from office, and approve important state appointments through the process of parliamentary hearings. Parliament also has the right to amend the constitution. Parliament can take decisions through referendum to decide on any matter of national importance. Thus, parliament is considered the legal sovereign of the sovereign people.

The right to amend the constitution also lies with the parliament. The parliament can take a decision on any matter of national importance through a referendum. Thus, the parliament is considered the legal sovereign of the sovereign people. Looking at the rights, roles and effectiveness of parliaments in different countries, the parliaments of some countries are seen as a rubber stamp of the government. Such parliaments pass whatever proposals the government brings. The parliaments of the Soviet Union and Mexico are seen as examples of such parliaments. The parliaments of Commonwealth countries including the UK are given the role of forming and removing the government and making the role of parliament effective.

Such a parliament is considered the main center (arena parliament) for discussing the fundamental issues of the nation. The parliament (Congress) of some countries that have adopted a presidential system, including the United States, is called a transformative parliament. Such a parliament is completely independent and autonomous in accordance with the principle of separation of powers. The system of balance and control of power is effectively implemented.

Countries that have adopted modern systems such as Uganda and Rwanda are considered to have developed as exemplary legislative bodies because they have made special arrangements for the representation and effectiveness of parliament as an emerging role. In such countries, a strong secretariat has been built with proper management of budget and human resources to make the parliament effective. Nepal is also expected to play a similar role in the effectiveness of the parliament.

Parliament's responsibility in lawmaking

Voters have expressed their expectations for reform in the governance style from the 21 Falgun 2082 election. For that, it is necessary to work on the 'fast track' by improving aspects such as the old style, long and cumbersome process, and ritualistic procedures. In addition, to realize the result-based governance system, it is necessary to improve the same type of law and law-making process. It is seen that more than 100 laws need to be made immediately to implement the constitution, promote it, and fulfill the constitutional aspirations.

It is necessary to immediately make new laws and improve the existing laws that are required to implement the provisions mentioned in the 100 agenda on governance reform approved by the Government of Nepal on 13 Chaitra 2082 and ensure good governance in accordance with the rule of law.

The new parliament is responsible for making new laws and amending and improving existing laws on various issues within the time specified in the agenda on governance reform, including the Federal Civil Service Bill, the Public Procurement Act, the necessary laws on digital governance, the law on whistleblower protection, the law on conflict of interest, and reforms to the laws to promote investment.

Since the enactment of various laws on governance reform, it is also necessary to finalize the bills that have already been submitted and are under consideration and have become inactive in a timely manner. Since the main job of the parliament is to make laws, more of the time of the parliament should be focused on legislative management, i.e. lawmaking. That is how the effectiveness of the parliament should be seen.

The delegation of legislative powers by the parliament should be limited to the context of procedures. It is a basic principle of legislative jurisprudence that one should not delegate its legislative powers on substantive matters. Parliament is also responsible for measuring the implementation of the laws made by the parliament. If the implementation of the law is not measured, the law will be made, but not implemented.

Control of public funds

It is necessary to immediately make new laws to improve and create the existing laws necessary to implement the provisions mentioned in the 100 agenda on governance reform approved by the Government of Nepal on 13 Chaitra 2082 and ensure good governance in accordance with the rule of law. Since the government holds the keys to weapons and money (the treasury), there is a greater possibility of misuse of power. In order to control such tendencies and behaviors, the parliament has the power to control the state treasury in a democratic state system. The parliament has the right to levy taxes to collect revenue, and to monitor and supervise whether the expenditure from the state treasury has been made within the approved titles and limits and has completed the legal process.

In the past, it has been observed that those in government allocate more budget to their respective areas, the federal government allocates even small amounts, violates the transfer law, and spends irregularly. Therefore, the effectiveness of parliamentary control is necessary to improve such issues.

Since the budget is an important tool of the government's economic policy, the role of parliament should be focused on ensuring that the budget is allocated in the areas determined by the priorities determined by the people's representatives and the United Nations Sustainable Development Goals. Similarly, there has been duplication in the formulation of plans and programs, budget allocation, and grant distribution among the governments at different levels.

To prevent this from happening, it is necessary to coordinate among the governments at different levels and develop a system of budget allocation, financial discipline, and spending based on certain criteria and priorities in a clean and impartial manner by breaking the distortions, inconsistencies, and trends seen in the past.

Parliamentary Oversight

In addition to making laws, the work of Parliament and parliamentary committees also includes the responsibility of monitoring the work of the government and government agencies. Such work is called parliamentary oversight.

The work of oversight includes monitoring, evaluating, studying, researching, and reviewing the work of the government and government agencies and providing necessary suggestions and instructions. Parliamentary oversight seeks to ensure reform and prosperity through monitoring of policy issues, development plan programs, project activities, and on-site visit monitoring.

If the work of parliamentary oversight can be made effective, it can prevent the abuse of power by the government and government agencies, control unconstitutional and illegal acts, and increase public trust in the government by making the government's work more transparent.

Parliamentary oversight is an important tool of the parliament to control the government to make it committed and accountable to the rule of law and good governance. Similarly, it helps to protect the rights and freedoms of citizens, to question how the taxes paid by citizens were spent, to make the government work according to the legislative intention, to make government work economically and effectively, to prevent the executive from encroaching on legislative powers, and to investigate improper acts, etc., to promote public interest and to maintain the rule of law.

The implementation of the instructions given by the parliamentary committees under the power of oversight has not been satisfactory in the past. Parliamentary oversight is an important tool of the parliament to control the government to make it committed and accountable to the rule of law and good governance.

Parliamentary effectiveness will be maintained only if the government and government bodies follow and implement the instructions given by the parliamentary committees based on a detailed study using the power of oversight. For this, a legal system that makes parliamentary instructions binding is also necessary.

Formulation of parliamentary procedures 

Since a large number of people from different geographical areas, communities, and ideologies are represented in Parliament, its work should be conducted in a systematic, dignified, and regular manner and appropriate decisions should be reached . Rules of parliamentary procedure should be formulated and necessary decisions should be made based on them.

After the publication of Erskine May's book Parliamentary Practice in 1844, which collected parliamentary practices in Britain, the Commonwealth countries, including Canada, Australia, New Zealand, Ireland, South Africa, and India, followed the provisions of the practices collected in it and implemented the practices of British parliamentary procedures in these countries. 

In the United States, a book compiled and codified by Brigadier General Henry Martin Roberts of the Army to make the work of Congress systematic and dignified was published in 1876 . The principles mentioned in this book have been adopted by Congress as its internal procedures and have been used in practice. It is also called ‘Roberts Rule’ in the United States.

Accordingly, after the formation of the Federal Parliament through elections, regulations have been made and meetings are conducted and managed based on them. The basic principles of parliamentary practice, which have been codified, include the following principles: equal rights, privileges and obligations of all members of the House, the decision of the majority is valid, the views of the minority are respected and protected, meetings should be held only after a quorum is reached, decisions should be made through discussion after presenting the agenda, and full and free discussion should be ensured on the proposals presented in the House.

Similarly, there are provisions such as concluding discussions on one topic at a time within the specified time limit, providing members with the necessary information and materials to discuss the topic under consideration on time, not speaking unless the Speaker gives permission to keep the proceedings dignified, the Speaker must be impartial, and the Speaker must be given the necessary authority to run the House in an orderly and dignified manner.

According to Articles 97 and 104 of the Constitution of Nepal, each House of the Federal Parliament can make regulations to conduct its work, maintain good order in meetings, and regulate the formation, functioning, and procedures of committees of any House or committee. Accordingly, after the formation of the Federal Parliament through elections, regulations have been made and meetings have been conducted and managed based on them.

While making regulations for the systematic operation and management of parliamentary proceedings, the current House of Representatives should improve the existing system of simple, concise, and ritualistic nature, and adopt the principles of good parliamentary practice.

यसरी नियमावली बनाउँदा त्यसमा संसदीय निगरानीअन्तर्गत जारी भएका निर्देशनको बाध्यकारी पालना गर्ने व्यवस्था, ऐन कार्यान्वयन मापनको कार्यविधि, प्रतिनिधिसभाका सभामुख/उपसभामुख, राष्ट्रिय सभाका अध्यक्ष/उपाध्यक्ष, प्रदेशसभाहरूका सभामुख/उपसभामुखका बीच विधायन व्यवस्थापनका सम्बन्धमा अनुभव आदानप्रदानका निम्ति समन्वय बैठक, सभामुखको अन्तरनिहित विशेषाधिकार, प्रस्ताव र विधायन प्रक्रियाको छलफल र निर्णय प्रक्रियाको विद्यमान समयसीमा छोट्याउने व्यवस्था, बैठकमा अवाञ्छनीय गतिविधि गरी मर्यादा उल्लंघन गरी तोडफोड गर्नेबाट भएको क्षतिबापत क्षतिपूर्ति भराउने विशेष व्यवस्था, संविधान संशोधन विधेयकसम्बन्धी विशेष व्यवस्था, विधायन व्यवस्थापनका सम्बन्धमा मूल विधेयक र संशोधन विधेयकलाई एकीकृत गरी एउटै एकीकृत विधेयक बनाई पारित गर्ने व्यवस्था (किलिङ सेड्युल), समिति/उपसमितिको प्रतिवेदन लेखनको जिम्मेवारी, संसद्का अभिलेखको सुरक्षित व्यवस्थापन जस्ता कुराहरू स्पष्ट रूपमा हुनुपर्छ ।

सभामुखको भूमिका

सदनको गरिमा, मर्यादा र पवित्रताको प्रत्याभूति कायम गर्ने गराउने अहम् जिम्मेवारी सभामुखकै हुन्छ । सभामुखले सबै सदस्यको समान अधिकारको सुनिश्चितता गर्नुपर्ने दायित्व रहन्छ । समान हैसियतका समान सदस्यलाई अनुशासित र मर्यादित रूपमा छलफलको व्यवस्थापन गर्न सभामुखलाई विशेष अधिकार हुने संसदीय अभ्यास हो । संसद् सञ्चालनका सम्बन्धमा विभिन्न समस्या आउन सक्छ । खासगरी सदनमा छलफलका निम्ति कार्यसूची तोक्ने विषय, गणपूरक संख्या पुर्‍याउने विषय, छलफललाई मर्यादित रूपमा निर्धारित समयभित्रै सम्पन्न गरी निर्णय गराउन, सदनमा भएका छलफललाई मतदानका प्रक्रियाबाट समेत निर्णयमा पुर्‍याउन, समय व्यवस्थापन, बैठक स्थगन जस्ता क्षेत्रमा विभिन्न समस्या उत्पन्न हुन सक्छन् । यस्तो अवस्थामा सभामुखको कुशल नेतृत्व र व्यवस्थापन क्षमतामा समस्याको समाधान निर्भर गर्छ ।

दलसँग प्रत्यक्ष सम्बद्ध भएका व्यक्ति सभामुख भएपछि दलसँगको आबद्धता त्यागी सदनमा हुने प्रत्येक छलफल र निर्णय प्रक्रियामा निष्पक्ष भूमिका निर्वाह गर्नुपर्ने हुन्छ । सदनको गरिमा, मर्यादा र पवित्रताको प्रत्याभूति कायम गर्ने गराउने अहम् जिम्मेवारी सभामुखकै हुन्छ । सभामुखले सबै सदस्यको समान अधिकारको सुनिश्चितता गर्नुपर्ने दायित्व रहन्छ ।

बैठक सञ्चालनका निम्ति तोकिएकै समयमा बैठक प्रारम्भ गरी तोकिएकै समयसीमाभित्र छलफल सम्पन्न गर्ने गरी समय व्यवस्थापन गर्नुपर्ने हुन्छ । संसदीय कार्यविधि, संविधान र कानुनले सदन सञ्चालन र व्यवस्थापनका सम्बन्धमा निर्दिष्ट गरेका सिद्धान्त र प्रक्रियाको अधीनमा रही र सभामुखले कतिपय आफ्नो अन्तरनिहित अधिकार प्रयोग गरी बैठक सञ्चालन गर्नुपर्ने जिम्मेवारी हुन्छ ।

अन्त्यमा

कुनै पनि मुलुकमा संवैधानिक लोकतन्त्र जीवन्त र गतिशील हुन संसद्को प्रभावकारिता, सरकारको जवाफदेहिता, न्यायपालिकाको निष्पक्षता र सक्षमता, खबरपालिकाको पहरेदारिता र जनताको उन्नत चेतना आवश्यक हुन्छ । जेन–जी आन्दोलनपछि गठित सरकार र संसद्को प्रभावकारिता आवश्यक छ । जनताले चाहेको परिवर्तन, सरकारले स्वीकृत गरेको शासकीय सुधारसम्बन्धी प्रतिबद्धता र संवैधानिक आकांक्षा पूरा गर्न संसद्को सक्रियता, सक्षमता र प्रभावकारिता त्यत्तिकै आवश्यक छ ।