National Assembly: backbone of the nation building

Durga Prasad Khanal

Political parties are preparing for the National Assembly elections scheduled for January 25. The ruling and the opposition parties have fielded their candidates for the poll.

Furthermore, who should be the members of the National Assembly, what the intent of the constitution is, and what kind of people should constitute National Assembly to draft laws and promote the spirit of federalism are also being debated in the political sphere.

International Exercise

Especially in UK, the House of Lords continued. Some were born here and remain lifelong members. The majority of retired judges and senior lawyers remain in this parliament.

As provided by the Constitutional Reform Act of 2005, until the formation of the Supreme Court in 2009, the House of Lords were also the working body of the Supreme Court. Even though it is the upper house of Parliament, it is necessary to make the National Assembly meet that standard because of the experience and influence of the UK, which is capable of doing the work of the Supreme Court, such as deciding cases and giving justice.

In the recent period, the upper house is considered the House of Provinces in the constitution of Ethiopia, which started with We the People of Nation, Nationalities, and People of Ethiopia, and the right to self-determination, issued by the Constituent Assembly in 1994. The upper house interprets the constitution and acts as a constitutional court. In addition to this, the Upper House also does the work of the Finance Commission, like the distribution of financial matters. So much so that the constitution has given this house the right to decide about the right to self-determination.

Upstairs Practice

Compared to the dignity and importance of the National Assembly as an upper house and international practice, the Nepali National Assembly cannot be considered genuine. Not only is the dignity of the National Assembly not preserved due to the parties constantly making mistakes, but it seems that the parties are determined to lower the reputation of the House of Representatives by becoming a copy.

Colloquially, the National Assembly is known as the chamber of veterans and experts. Some people call it an old and experienced house. The main responsibility of this assembly is to make laws and regulations.  The question of whether members of National Assembly have the necessary skills to legislate will become an issue of political concern. Nepal has also adopted a bicameral system consisting of the House of Representatives and National Assembly. Yet even if we limit ourselves to the practical realities of 2048, there is still plenty of room to question the role of National Assembly.

According to international practice, National Assembly deputies are not directly elected. In a way, they do not represent the people. However, after the 2048 election in our country, the practice of electing members of the National Assembly deputies began. We have stipulated in Constitution of 2047 to appointment of 10 enlightened persons among the king.

In 2074, in the National Assembly elections, the parties formed a coalition like in the House of Representatives. This gives impression to ordinary people that there is no difference between the members of the upper and lower houses. In 2074, there were accusations of extreme politicization even in the three seats appointed by the President on the recommendation of the Council of Ministers. If the Council of Ministers makes recommendations based on expertise and efficiency, there will be no controversy.

In such a situation, can the National Assembly play an effective legislative role? In such a permanent structure, is it capable of working for the benefit or ordinary people in the event of a crisis in the country? We must pay attention to the political parties moving in this direction.

Constitutional Provision

The Constitution of Nepal, 2072, has also only defined the National Assembly quantitatively rather than making it qualitative.

According to Article 86(2), in the 59-member National Assembly, 56 members are elected from the members of the provincial assembly, the chairman or vice chairman in the case of rural municipalities, and the mayor or deputy mayor in the case of municipalities. Eight people, including at least three women, one Dalit, and one disabled person or minority, are selected from each province.

Similarly, three members are nominated by the president, at least one of whom is a woman. This makes it easier for parties to recruit only their own workers. Therefore, it seems that parties cannot form a legal and concrete national assembly subject to parliamentary approval as prescribed by the constitution.

In Article 87(1)(b) of the Constitution, there is a mandatory provision that a member of the National Assembly must be at least 35 years of age to be a member of the House of Representatives. Its purpose is for the National Assembly to become a platform where mature, veteran, intelligent, distinguished, popular, and expert people come together.

According to Article 111(5) of the Constitution, bills other than money should be passed by the House of Representatives and sent to the National Assembly. There, it should be passed within two months. The National Assembly can only give suggestions on the Finance Bill according to the universally accepted norms. Although the number of members in the House of Representatives is large, it seems that the provisions of the National Assembly have been made so that there may be many errors, mistakes, or immaturity in the House of Representatives. In this way, there should be a constitutional expectation that the errors made by the House of Representatives in the process of drafting the law should be matured by the National Assembly, and the law should be drafted according to the people's expectations.

In Article 273(8) of the Constitution of Nepal, it is written, 'In the event of the dissolution of the House of Representatives, the power exercised by the Federal Parliament shall be exercised by the National Assembly. That is, the National Assembly is a permanent assembly with an unbroken tendency and is never vacant. This proves the special and important justification for the managerial side of the National Assembly. The constitution envisages the National Assembly as an integrated component of the federation, state, and local levels.

Correctional assembly

Since the National Assembly has the power to amend the decisions of the House of Representatives, this assembly is also considered a corrective assembly. The House of Representatives has its own interests. Constituencies must be represented. They will necessarily directly participate in the formation and overthrow of the government. For this reason, some activities of the House of Representatives that aim to maintain and overthrow power rather than the interests of the country and is people need to be rectified.

Decisions made under pressure from those in power may not be beneficial to the in country and the people. In such a situation, it is this House that has the power to regulate its decisions. Parties therefore need to ensure that they field candidates capable of sustaining this status.

To do this, parties need to pay attention to the upcoming National Assembly elections. The House of Representatives is going through the clutches of unconstitutional dissolution and restoration and is being tormented by permanent disruption. If the National Assembly remains in its shadow, it will not take long before it loses public faith.

 The writer is a law student at Nepal Law Campus. Email; dpkhanal907@gmail.com