Ordinance rule: An insult to the MLA

Promulgating ordinances by bypassing Parliament is tyranny by an elected government. It does not respect the legislator. Controlling the legislative role is against constitutionalism, the principle of separation of powers, and democratic values.

Baishak 29, 2083

giradhari dahal

Ordinance rule: An insult to the MLA

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A representative of the people is an elected or nominated representative, a person with the authority to make laws, a member who participates in the policy-making and governance process, a lawmaker and a contributor to the operation of the state in the interest of the people. The legislator is the backbone of democracy - the law, statute, law and policy maker of the country.

It strengthens democracy through its functions ranging from law-making to government oversight, budget control, public representation and policy-making. Although the legislator is a very important institution in today's modern democracy, its development has not happened all at once but has occurred historically. People's representatives elected by popular vote create the constitution, laws and policies. Only if the legislative role is people-oriented, it will be transformed into laws and policies according to the will of the people. It plays an important role in law-making, policy-making and state-running. Since the sovereignty of the people is exercised through representatives in a democracy, the legislator is considered both a representative of the people and a policy-maker of the state.

The role of the legislature in Nepal is of multifaceted importance. It strengthens democracy through its work ranging from lawmaking to government oversight, budget control, public representation and policy making. Good governance and sustainable development are not possible without an effective legislature. The main functions of legislators are formulated as follows.

Lawmaking

The main function of a legislator in a democracy is to make laws. It is to make laws and regulations that are people-oriented. The question may arise here – what is meant by people-oriented? Public sentiment is the common feeling of how the people can be made happy and content. For example: public and practical education, clean drinking water, equal access to education and health for all, work according to merit, making public laws based on democratic values, etc. The legislature is a representative body of the people's representatives.

To form the government

The legislator forms and controls the government. In a parliamentary system, the leader of the parliament is the prime minister, who is responsible for forming the government and controlling the government if it becomes autocratic. He is responsible for removing the government through a vote of no confidence. He is responsible for making the government accountable to the people and questioning them. And he is responsible for speaking the people's voice. He is responsible for ensuring inclusive governance that represents people of different castes, languages, religions, cultures, and backward classes. He is responsible for acting as a bridge between the government and the people.

Approving the budget

The government submits the budget to the parliament. What is the budget presented in this way? Has it made provisions for the proportional development of all regions and people of the country? The budget presented is discussed and approved. He is responsible for determining taxes, controlling expenditure, and formulating economic policies.

Formulating policies

Neo-feudalism has emerged in Nepal. When observing villages, city markets, and public ceremonies, it is clear that people's representatives are not servants of the people, but rulers. The job of an MLA is to formulate policies related to social, economic, political, and cultural development for the all-round development of the country. He is responsible for formulating policies related to education, health, and security. To produce civilized and competent citizens through education, we must formulate a scientific, professional, practical, production-oriented quality education policy. We must formulate a health policy for the public health of citizens. We must formulate a security policy to protect the lives and property of citizens. We must formulate a security policy that ensures the security of all citizens. We must formulate a policy that ensures the representation of women, Dalits, and backward classes and social justice.

Approving treaties and agreements

Another important task of the federal legislator is to ratify and approve treaties and agreements made by the Government of Nepal with various countries of the world on the basis of Nepal's sovereignty, national integrity, independence, and sovereignty.

The government after the Gen-G rebellion and the rule of ordinance

The general election was held on Falgun 21 based on the mandate of the Gen-G movement. In the general election, the Nepali people gave almost two-thirds of the vote to the National Independent Party. Based on that vote, the government was formed on Chaitra 13 under the leadership of the party's parliamentary party leader, Balendra Shah. It is necessary for this party to work on the hopes and trust of the people and maintain good governance. It is also necessary to build a corruption-free society. These are also the agenda of the youth movement. The mandate and public opinion that this party has received are based on this agenda. Therefore, it is the responsibility of this government to make the necessary people-oriented acts and laws from the parliament. Institutionalizing a federal democratic republic, making timely laws for good governance and development is the need of the day.

Only public opinion can build democratic values, norms and a civilized society. However, the current government has started ruling through ordinances against public opinion. Ruling through ordinances is against democratic values. Calling a session of parliament, postponing the session of the parliament that has been called, and issuing many ordinances is an affront to public trust.

The job of the legislature is to make laws and regulations. The job of the government is to implement the laws made by the legislature. Ordinances are issued only when it is not possible to call a session of parliament or when the sovereignty and integrity of the country are threatened if urgent work is not done. A democratic government should consider the role of the legislature as paramount. An act is a decision of the sovereign parliament, while an ordinance is a decision of the government that is like an act.

Since Nepal has a parliamentary system, the leader of the parliament is the Prime Minister. However, for him to bypass the parliament and issue an ordinance is an act of tyranny by an elected government. This does not respect the legislator. On the contrary, controlling the legislative role is against constitutionalism, the principle of separation of powers and democratic values.

MLA in controversy

The behavior of the National Independent Party member of the House of Representatives, Bishwaraj Pokharel, elected from Okhaldhunga in the Falgun 21 election, towards Shanta Bahadur Magar, the principal of Chandeshwari Secondary School, Polthali in Khijidemba Rural Municipality, on Baisakh 8 has become a subject of widespread criticism. This is just a representative incident. In general, the role of people's representatives at all levels is like this.

Let the young people's representatives who emerged from the vote truly play a legislative role. Let there be political stability, good governance, and a corruption-free society, and let the country develop as a whole. If people's representatives understood that Nepal's sovereignty lies with the Nepali people, they would have known how to behave towards the people, voters, teachers and professors. Past governments and people's representatives were unable to bring the Personnel Act, Police Act, Education Act and other necessary acts for the operation of the state for 10 years after the enactment of the Constitution of Nepal. As a result, in the 2082 general election, the people did not give votes to the old political parties, but to the new ones. However, if that vote had been respected, such incidents would not have happened.

Neo-feudalism has now emerged in Nepal. When observing villages, city markets, and public ceremonies, it is clear that people's representatives are not servants of the people, they are rulers. The people should honor them with flowers, food, and abir. In democratic governance, people's representatives should be accountable to the people. If a democratic republic is to be institutionalized, the sovereign people should be considered the masters of this country. And, how can the people be made happy? How can good governance be provided? How can the country be developed? What kind of policy will make the people happy? The legislator should study, research and analyze before formulating policies.

Representatives of political parties in Nepal tend to go door to door during elections, greet people with requests for public opinion, and present themselves as rulers after being elected. How can we consider this democracy? Democracy is the rule of the people. If there was a rule of the people's representatives, a member of the House of Representatives should have consulted the principal, teachers and students when he reached the school to hear their experiences and discuss the education law needed and to come up with an education policy that addresses the wishes of the youth.

The Constitution of Nepal was made by the Constituent Assembly. The Constituent Assembly is the assembly of people's representatives. The Constitution is the main political document of public policy. Similarly, acts, laws and rules are also documents of public policy. On the basis of these documents, people's representatives should formulate public policies. The legislature and parliament are the places where policy is formulated. The role of legislators is to formulate people-oriented policies. The legislator should formulate people-oriented policies by looking at the historical and political development of Nepal.

Similarly, while formulating policies, it is the responsibility of the people's representatives to study, research and analyze international practices and formulate what kind of policies are useful for Nepal and the Nepali people. It is now 10 years since the Constitution of Nepal was made. It is necessary to amend the Constitution so that the problems seen in its implementation are resolved. Similarly, what kind of acts, rules and laws are needed in which areas? It is the task of the legislators to formulate them.

The youth movement took place because the previous governments could not respect public opinion. The government was formed on the basis of the mandate of the youth movement and the public opinion of the elections. According to the spirit and spirit of the constitution, the government should be democratic. In addition, the members of the House of Representatives, a people's representative institution, should be accountable to the people. Therefore, only if both the government and the House move forward on a democratic path, the country and the people will be well. The people are the owners of this country. People's representatives should advance good governance and development by making people-oriented acts and laws. Questions are being raised by the MLA's unsolicited actions - will they value the movement and public opinion?

Let the young people's representatives who emerged from the public opinion truly play a legislative role. May political stability, good governance and a corruption-free society be built and the country as a whole develop.

giradhari

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