One hundred and fifty bills can end the laxity in lawmaking. But lawmaking is not just a matter of quantity. It is more important to create quality laws.
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While the recent parliaments have become centers of political power display, power manipulation, and loud statements, they have been found to be failing in their primary responsibility of making laws. On the one hand, the government is not getting business because it is not passing bills, but is interested in ordinances. On the other hand, the parliament is also not able to hold meaningful discussions on the bills it receives and put them aside. This is a very bad situation for the parliamentary system. Just as the Rashtriya Swayamsevak Sangh (RSS) won almost two-thirds of the seats in the parliament after the 21 Falgun elections, the parliament is also expected to become active.
The new parliament has not been able to make significant progress in making laws for three months after it started its work. This situation may have arisen because the government itself did not give much priority to the registration of bills. However, the government is working on 151 bills to be presented to the parliament in the coming fiscal year. It can be believed that once these bills reach the house according to priority, the parliament will become active and the laxity prevailing in making laws will end. Section 3 of the Legislation Act states that ‘the concerned ministry shall identify the bills to be formulated based on the policies and programs of the Government of Nepal, budget, periodic plans and sectoral policies, and obligations created by international treaties and agreements, and shall send the bills to the Ministry of Law by the month of Jestha of each year, setting out the priority order of the bills.’
According to this provision, all ministries have submitted the names of the laws to be formulated within a year. Various ministries have proposed laws on human body combustion control, tobacco control, artificial intelligence, cyber security, federal civil service, rights of persons with disabilities, control of gender-based violence, science, technology and innovation, non-resident Nepalis, etc. Most of the proposed laws include amendments to old laws and some new laws. Now, the Ministry of Law is preparing to prioritize them and submit them to the federal parliament by Asad. After that, the debate on the bill may gain momentum. That will also make the parliament active.
In countries with the rule of law, laws of a broad scope are needed, but the organs of the state should adopt the ingenuity to determine priorities when spending their energy. What is our need at this time? What are the areas that we should give extra importance to? 150 bills can end the laxity in lawmaking. But lawmaking is not just a matter of numbers. The creation of quality laws is more important. The more procedural the process of making a bill into law and the more stakeholders can be discussed, the more mature the law can be. The essence of the parliamentary system is that there should be sufficient discussion before making a law and that there should be no accidents while implementing it, even if it is slow but mature work. The creation of mature laws is possible when the conscience of as many parties as possible is included in it.
Therefore, in the plenary session of the parliament and the discussions in the committees, the parliamentarians should enrich the bill with the knowledge gained from their in-depth studies. Also, in the discussions in the committees, the opinions of as many stakeholders as possible should be heard and the bill should be matured accordingly. Activism is needed in lawmaking, but not at the cost of violating the process. The more parties participate and the process is followed, the more quality the law that is created will be and the more people will own it. Another aspect is the determination of priorities in law-making.
In countries with the rule of law, broad-based laws are needed, but the state organs should adopt the ingenuity to determine priorities while spending their energy. What is our need at this time? What are the areas that we should give extra importance to? Laws should be made keeping such issues in mind. The details of what issues the government has prioritized in law-making indicate the direction in which it is trying to take the country.
The government formed after the Gen-G movement and the 21 Falgun elections has also brought the debate on constitutional amendment to the surface. The government is doing its homework on constitutional amendment by forming a task force. In this process, the issues of federalism, provincial assemblies, electoral system, and form of governance are being widely publicized. The debate and process of constitutional amendment are in place, but while making laws, the aim should be to help in the smooth implementation of those issues. For example, the failure of the federation to enact necessary laws is also considered responsible for the provinces' inability to work effectively. Therefore, when the government makes laws, the fundamental pillars of the constitution, including federalism, should help in effective work. Laws should be made that enhance internal unity, make international relations harmonious, and clarify the direction of the country in every sector. To strengthen Nepal's democracy, the institutions envisioned by the constitution should be strengthened and it should be ensured that they play an effective role. Such issues should also be given priority in lawmaking.
The laws that any country prepares with priority determine the direction of that country. It makes it clear what areas the country has prioritized and what achievements it is trying to achieve through them. The government, which is currently trying to advance 150 laws, should also reflect its vision when determining its priorities. Since many political issues have been resolved, many people are of the opinion that the priority at this time should be economic reform.
A high-level economic reform suggestion commission was formed at the request of the private sector for a new phase of economic reform. The high-level economic reform suggestion commission led by Rameshwor Khanal had presented a roadmap for a new phase of economic reform. Its implementation is still awaited. Overall, the main issue at this time is to keep economic activities moving. It is to create an investment environment and encourage internal and external investment. It is to create employment. Therefore, such issues should be given priority in lawmaking.
The process from preparing the bill to verifying the act should be mature and discussions should be held with experts and stakeholders. Primarily, such laws should facilitate the life of citizens. They should open doors of possibilities. Laws should move forward simultaneously carrying security, surveillance, equality, opportunity, and possibilities. The belonging of the most marginalized class should be maintained. Only then can a strong rule of law be established. The current time, when almost two-thirds of the parties are running the government, is a time of unprecedented reform. It is a time for a new phase of reform. Therefore, it is necessary for the parliament, government, and political parties to be sensitive and active in lawmaking.
