NATIONAL 3 -(Spotlight Weekly)

Easy Way Out

Because it is easier to get bills through the Parliament if they are tagged "finance", the government is misusing the term

By KESHAB POUDEL

For the government tagging "finance" to any bill has now become an easy way to bypass the full debate in the House of Representatives and National Assembly. Thanks to vague constitutional interpretation, the government is registering any other bill as financial.

After the government entered and later passed the Citizenship Act 1964 Amendment Bill 2000, the controversy regarding the interpretation of fiance bill has been raging all over the country.

According to the 1990 Constitution, finance bills are those involving issues of taxation and other money matters. But the government has been misusing the term to tag any bill it wants to pass smoothly as finance. It does so by pointing to some clauses in the bills that has the provision of financial penalty like fines of even 25 paisa.

"How can the government term Citizenship Act 1964 amendment bill 2000 as a finance bill when it is not concerned to tax or other financial matters?" asked advocate Bal Krishna Neupane. "This is a gross violation of the Constitution."

As per the Constitution, if a finance bill is passed by majority in the Lower House, it should be sent to the Upper House but the latter should decide on the bill within 15 days. Otherwise, the government has the privilege of withdrawing the bill from the Upper House and re-introducing it to the Lower House from where it can once again pass it and send it for Royal seal directly bypassing the elder lawmakers.

As government is tabling most of the bills in the House of Representatives labeling them finance bill, National Assembly has not found any work.

"The parliament cannot do anything as it is abided by the articles of the constitution," said Bishnu Dutta Upreti, Spokesman of the Parliament Secretariat.

From Citizenship Amendment bill to Civil Code Amendment bill and Education Amendment bill to Bill to Manage Political Parties, the government has tagged all of them as "finance bill".

It is clear from the subjects listed in paragraph a-d of article 68 (3) what types of bill fall within the category of finance bill.

A bill concerning the imposition of taxes is certainly a finance bill by virtue of article 68 (3)a. But Speaker, constitutional experts argue, has the power to make a final decision as to whether or not a bill is finance. When the Speaker makes a ruling in the matter even the Supreme Court cannot change it.

The trend of labelling each and every bill as finance is gaining momentum because of the weakness of Speaker of the House of Representatives. He has to use his right otherwise such situations drastically reduces the ability of National Assembly and limits its right. In India, the constitution clearly makes distinction on money bill and financial bills. The money bill related to the public finance and fiance bills widens the scope of legislative.

The House rules and Assembly rules are silent on the issue. It is the Speaker who has to define the types of bill and make ruling.

Parliamentary system is based on practices. Speaker should clarify the confusion by interpreting the ambiguous clause.

"Speaker can issue ruling about which bill is finance and which is general," said Neupane. During the tenure of former Speaker Damannath Dhungana, attempts were made to define the finance bill and general bill.

"Article 68 states the basic procedure which must be used for introducing a bill into parliament," said Govinda Raj Joshi, Home Minister.

The government argues that they are forced to present the bills to the House of Representatives as finance bill due to constitutional compulsion.

According to Article 68 (1) A bill may be introduced in either House of Parliament provided that a finance bill shall be introduced only in the House of Representatives.

What is Finance Bill

The article 68 (3) says Finance Bill means a bill concerning any or all of the following subjects:

a) the imposition, collection, abolition, remission, alteration or regulations of taxes.

b) The preservation of the Consolidated Fund, the deposit of moneys into and the appropriation or the withdrawal of moneys from such funds, or the reduction, increment or cancellation of appropriations or of proposed expenditures from such funds;

C) the regulation of matters relating to the raising of loans or the giving of guarantees by His Majesty's Government, or any matter pertaining to amendment of the laws concerning the financial liabilities undertaken or to be undertaken by His Majesty's Government;

d) the custody and investment of revenues received by any Government fund, money acquired through the repayment of loans, and grant moneys, or audits of the accounts of His Majesty's Government; or

e)matters directly related to the above subjects

4) If any question arises whether a bill is a Finance Bill or not, the decision of the Speaker shall be final

Article 69 (1) A finance bill passed by House of Representatives shall be transmitted to the National Assembly. The National Assembly shall after deliberations on such bill, send back the bill to the House of Representatives within fifteen days from the date of receipt of the bill with recommendations, if any

(4) If National Assembly does not return a bill received pursuant to clause (2) for more than fifteen days, the House of Representatives may present the bill to His Majesty for assent.