FEATURES NEWS THE RISING NEPAL (DAILY)

Independence And Autonomy Of Legislature
Some Provisions

By Ram Bahadur KC

LEGISLATURE is the supreme body, specially in respect of policy making and legislation. The constitution of legislature, to be called Parliament consists of His Majesty, and the two Houses namely to House of Representatives and the National Assembly. When we speak of Parliament if implies Committees, members of Parliament, authorities, the Secretariat of the Parliament and their area of jurisdiction. The theory of separation of powers among the three main organs of the State has been explicitly demarcated by the Constitution of 1990. Functionally, they are both independent and interdependent for the smooth relationship and functioning of the State.

The Provisions

There are distinct provisions that imply the independence and autonomy of the Parliament. It is provisioned that each House of Parliament shall frame rules of procedures for conducting its business, maintaining order and regulating the Constitution, functions and procedures of the committees. The Constitution has made the provisions of privileges that there should be full freedom of speech in both Houses of Parliament and no member should be arrested, detained or prosecuted in any court for anything said or votes cast in the House. Any breach of privilege of either House of Parliament is deemed to constitute contempt of Parliament and the concerned House has the exclusive right to decide, to warn, impose imprisonment for three months and fine up to five thousand rupees. Also there is a provision for the Secretariat of the Parliament for enacting necessary laws conducting the business of the Parliament and other related matters.

Concept of Contempt

The scope of the concept of contempt of Parliament is vast and somewhat unclear also. Contempt of Parliament which can be termed as "breaches of the privileges of Parliament" or insults to Parliament are mentioned in our Constitution, but it is not clearly defined as what constitutes the breaches of Parliament. It leaves the concept to remain as broad as plausible and it is only the House that decides whether there has been any breach. The rules of procedures of the European Parliaments also rarely co nation such definitions??? The same holds true in the House Rules of the Nepalese Parliament also. However, such breaches are said to have been with the following occurring: attacking, obstructing, abusing or insulting member or parliamentary officials in the performance of their duties, bribing a parliamentarian or an official, refusing to parliament of its committees (attendance, production of papers books documents or reports) creating disturbances liable to disrupt parliamentary business, defaming or slandering parliament and its member orally or in writing publishing confidential information, trying to influence parliamentarians votes, opinions, assessments or action by fraud, threats or intimidation etc.

Safeguarding Measures

Parliament is supreme representative body and has a very vital role to play in respect of policy and law making, political and financial control, administrative surveillance, informational and constituent leadership. These functions can be effectively carried both independently and co-ordinatingly with the two other Organs of the State i.e. the Executive and the judiciary. The Executive which is made of Legislators and accountable to the parliament should have very liberal and supportive attitude towards parliament in respect of providing necessary infrastructure and technical facilities-building offices and technical equipment’s. Independent parliament service, self-budgetary system and necessary incentives are other areas that the Executive can lend support for maintaining independence and autonomy of the parliament. Lack of adequate business, specially, the bills are always crying need of the parliament in each and every session.

The Judiciary (the Supreme Court) which is the last resort of constitutional interpretation could have a very purposive role in pertaining both the Legislation and Executive in appropriate legislation and fair implementation of laws. The verdict of reinstatement of the House dissolved, the preemption of right of alternative government formation instead of arbitrary dissolution, Tanakpur as a Treaty, etc has been reacted both positively as well as negatively by the political leaders and the intelligentsia. The Court verdict is always binding though sometimes causes ripples in the vast ocean—like mind of the people.

The Parliament of its own would have to strictly comply with the constitutional rights and privileges follow House rules and procedures, sincerely represent peoples’ needs and grievances, dedicate their experience, knowledge and expertise to the House business, observe code of conduct and present themselves as models to their sovereign voters and create their self-esteem in the public. Parliament, the forum of highest order and symbol of our political polity need by all means be preserved, gradually enhanced and dignified for political stability and independence—the lead to be initiated by the parliamentarians and earnest follow-up by the political cadres and people in general.

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