Parliament:
Parliament is the supreme institution where elected representatives assemble to represent the people and exercise sovereign authority. It is a representative body and the primary legislative organ responsible for making laws, formulating policies, and overseeing the government. As an autonomous and capable institution, Parliament plays a vital role in ensuring democratic governance, accountability, and the protection of public interests.
Functions of Parliament:
- Making laws.
- Financial operations.
- Formation of the Government.
- Control over the Government.
- Representation of the people.
- Judicial functions.
- Miscellaneous tasks.
Parliamentary Committees:
- A “Mini Parliament.”
- A working body of the Parliament.
- Active throughout the term.
- Provides guidance for the functioning of state affairs.
- Directs and advises the Government on its operations.
- There are 10 committees in the House of Representatives and 4 in the National Assembly, along with 2 joint committees (Directing Principles and Parliamentary Hearings).
Need/Importance of Parliamentary Committees:
- To make parliamentary proceedings more effective.
- To conduct in-depth discussions, investigations, and research on various topics.
- To focus on subject-based opinions.
- To ensure accountability and responsibility toward the public.
- To monitor and control Government operations.
- To serve as a link between the Government, Parliament, and the people.
- To prevent misuse of executive powers.
- To monitor and evaluate the implementation of Government decisions and commitments.
- To assist in the approval of treaties and agreements involving Nepal.
- To monitor the Government on policy and economic matters to prevent arbitrary decisions.
Problems and Challenges in Parliamentary Committees:
- Disputes over the scope of work,
- Such as a disagreement between the Public Accounts Committee and the Natural Resources Committee regarding the removal of a hotel from a national park.
- Claims of dominance over areas of work.
- Formation of committees based on political distribution.
- Self-interests influencing committee decisions.
- Committees being overly influenced by party politics.
- Lack of coordination between committees.
- Committees being over-crowded.
- Weak research methodologies.
- Ambiguity in roles and procedures.
- Tendency toward executive control.
- Lack of expertise in committee members.
- A procedural rather than investigative approach.
- Lack of proactive engagement with national issues.
- Committees being more focused on publicity and personal gain, with weak leadership.
Measures to Make Parliamentary Committees More Effective:
- Clarifying the scope of work.
- Forming small, streamlined, and effective committees.
- Establishing a strong secretariat with adequate resources.
- Developing research mechanisms.
- Implementing research-based commentary and advisory practices.
- Nominating committee members based on expertise.
- Improving Government perspectives.
- Fostering a positive attitude toward committees.
- Focusing on deep discussions on subject matters.
- Continuously monitoring and controlling Government operations with proper direction.
- Eliminating party control, promoting objective commentary.
- Engaging in subject-focused discussions and ensuring timely decisions.
- Emphasizing the prudent and justified use of public resources.
- Monitoring Government deviations and preventing arbitrary actions.
- Ensuring public accountability.
- Collecting opinions from experts and stakeholders, engaging them in discussions.
- Encouraging confidentiality and informal discussions.
- Promoting member attendance and active participation.
Constitutional Bodies:
- Entities established under constitutional arrangements.
- Extend the powers of the Government.
- Their qualifications, duties, and powers are defined by the constitution.
- Established to make Government actions disciplined and accountable.
- Offer autonomy and independence in operations.
- They have a permanent structure.
- Not affected by political changes.
- Answerable to Parliament through the constitution.
Problems and Issues of Constitutional Bodies:
- Lack of impartiality and expertise.
- Recommendations for appointments are often based on political affiliations.
- Ineffective functioning and lack of institutional memory due to frequent staff transfers.
- Discussions or directives on constitutional body reports are lacking.
- Impeachment proceedings being used as a tool for political retaliation.
- Constitutional bodies follow traditional procedures, which may not be optimal.
- Political interference hampers the independence of constitutional bodies.
Key Areas for Reform in Constitutional Bodies:
- Appointments:
- Appointments should be based on professional expertise, efficiency, and high moral character.
- Appointment processes should follow legal provisions without delay.
- Make parliamentary hearings effective for appointments.
- End the culture of political distribution in appointments.
- Performance:
- Prevent political interference in constitutional bodies.
- Ensure that constitutional bodies are accountable to Parliament.
- Simplify operational processes and adopt innovative approaches.
- Promote ethics, integrity, and professionalism among constitutional officers.
- Organizational Structure and Human Resource Management:
- Ensure adequate staffing.
- Facilitate staff transfers based on consensus within constitutional bodies.
- Create specialized staff groups for specific constitutional bodies.
- Provide necessary training to staff to enhance their capabilities.
- Financial Management:
- Review financial arrangements to ensure proper financial discipline and source of funding.
- Ensure that sufficient financial resources are allocated to constitutional bodies.
Problems in Appointments to Constitutional Bodies:
- Conflicts of power balance preventing consensual appointments.
- Appointments made in violation of constitutional provisions.
- Appointments made through executive orders, bypassing the constitutional council.
- Lack of inclusive representation during the appointment process.
- Failure to follow procedures during appointments,
- Such as not informing the 48 hours prior to the meeting.
Measures to Make Appointments in Constitutional Bodies More Effective:
- Appointments should be consensual and made by the Constitutional Council.
- Avoid interpreting the constitution and laws in a way that benefits self interests.
- Ensure that appointments are made in accordance with constitutional principles.
- Conduct mandatory parliamentary hearings before appointments.
- Ensure that procedural requirements are followed during appointments.
- Make appointments more inclusive.
Additional Qualificaitons to be Considered When Appointing in Constitutional Bodies:
- Ensure all constitutional officials have at least a master’s degree.
- Implement a separate code of conduct and standards for appointments.
- Ensure that constitutional officials have at least ten years of experience in their respective fields.
- Implement a “cooling-off period” of at least three years before someone can be appointed to a constitutional position after leaving a public office.
- Appoint officials based on their expertise and avoid appointing them to bodies outside their domain.
- Provide international exposure to constitutional officers for professional development.
- Define clear criteria for the appointment of officials, based on their international reputation and expertise in relevant fields.
Relationship between Parliament, Parliamentary Committees, and Constitutional Bodies:
- The structure of the Constitutional Council includes majority of Parliament Members.
- Appointments to constitutional bodies can only be made after approval by parliamentary hearings.
- Necessary legal arrangements for the functioning of constitutional bodies are made by Parliament.
- Constitutional bodies are accountable to Parliament.
- Committees can give guidance or advice on the functioning of constitutional bodies.
- Parliament can discuss the annual reports of constitutional bodies and provide necessary guidance.
- Impeachment proceedings can be initiated by the House of Representatives against constitutional officials.
- Parliamentary committees can demand accountability on the performance of constitutional bodies.
Authored by Kumar Ghising researcher and public policy analyst.