Agenda For Talks

The exercise to formulate code of conduct for the members of Parliament sparks new controversy

By KESHAB POUDEL

Is it relevant to talk of code of conduct for the members of the Parliament whose term is not fixed? No," say some eminent experts.

According to them, the code of conduct can be applicable only in a country with fixed parliament like in the United States where members of parliament of all houses have fixed term.

Contrary to that system, the parliament members in a parliamentary democracy do not have fixed term and prime minister can ask for the dissolution of the parliament at any time.

"I don't understand the reason behind talking about the code of conduct for the members of Parliament in the name of making them disciplined," said an eminent constitutional lawyer on condition of anonymity.

The demand for disciplining the people's representatives began during the coalition era (1995-98) when nearly half a dozen governments were formed some of whom had as brief a tenure as six months. With the "mobile MPs" in high demand, nobody could say for sure what could be the outcome of a number of no-confidence motions that were put on vote.

Ranging from misuse of medical facilities to misuse of the diplomatic passports, majority of the legislators were seen as embodiment of corruption. Worse, the then government took a decision allowing the legislators to import duty-free luxury vehicles at the cost of national coffers, what later led to the birth of a 'Pajero culture.'

Most of the political parties did not award nominations to the publicly defamed legislators during the last general elections, those who got were rejected by the people.

Lawyers argue that there are many laws that are adequate to make members of parliament responsible to the state and people. "There is no use of code of conduct when members of parliament violate even basic laws of the land," said Damannath Dhungana, former Speaker of the House of Representatives." I don't think that writing code alone can control the behavior of our members of parliament."

At the initiative of the National Democratic Institute, an NGO, and Parliament secretariat, the process of formulating the code of conduct has already begun.

"If the proposed code of conduct will be endorsed, then members of parliament have even to ask speaker to drink a peg of whisky," quipped a sitting member of parliament.

As people are carefully watching the activities of their representatives, what could be the use of the so-called code of conduct. During the Panchayat days, the organizations like dissolved Panchayat Policy and Investigation Committee took the draw of some kind of binding code of conduct for the legislators as it was a fixed term system.

The debate will continue. No body knows whether the new initiative will really make Nepalese members of parliament model lawmakers. Perhaps the best medicine would be to make people aware to keep tab on their representatives. A strong civil society and a vibrant media could be instrumental in making the elected representatives truly accountable to the people.