National
40 laws needed to enforce constitution still lacking
In eight years, provincial and local governments unable to pass essential laws for lack of corresponding federal Acts.Binod Ghimire
While Nepal marks the eighth anniversary of the promulgation of its constitution next month, a fourth of the Acts needed for its full fledged implementation are yet to be readied.
A study report by the Legislation Management Committee of the National Assembly says only 111 laws among the 151 needed to implement the constitution promulgated by the Constituent Assembly in 2015 have so far been enacted. Still 40 Acts need either major amendments or replacement with new ones to bring them in sync with the statute, according to the study.
“It is ironic that the country lacks laws to implement the constitution even after seven years of its promulgation,” reads one point in the report. “Provincial and local governments have not been able to prepare needed laws in the absence of federal Acts.”
The constitution empowers local and provincial governments to make laws, but the statute also says such laws will be void if they contradict the federal law. Therefore, the local and provincial governments have not been able to prepare several laws they need.
The country on September 20 marks the eighth anniversary of the constitution promulgation.
As per the study by the House committee, the three tiers of government had to either amend or replace a total of 181 Acts necessary to fully implement the constitution. Of them, 151 come under the jurisdiction of the federal government, 24 under the provinces and six under the local level.
An assessment from the Ministry of Law, Justice and Parliamentary Affairs in 2015 had found 100 laws necessary for the execution of the statute.
The constitution had set two deadlines to prepare laws for its implementation. It was mandatory to pass laws related to fundamental rights within three years of the charter’s promulgation. The federal parliament endorsed the bills related to 31 fundamental rights a day before the constitutional deadline of September 19, 2018.
As per the statute, the Acts that contradict the constitution must have been revised within a year since the first meeting of the federal Parliament on March 5, 2018. However, the House committee’s report suggests the deadline was not abided.
“Laws are the tools for implementing the constitution. It is unfortunate that successive governments have been indifferent to the need for such laws,” said Anita Devkota, coordinator of the subcommittee formed under the Legislation Management Committee for the legal study. “The law ministry should have conducted the study. As it was reluctant, we shouldered the responsibility.”
As per the study, successive governments have not shown an urgency even for having the Federal Civil Service Act and the Federal Education Act, which are among the most important laws to implement federalism. In addition, laws related to health, citizenship and the authority of the President and Vice President have also not been promulgated.
The report says some of the laws in force date from as far back as 1953. Similarly, dozens of Acts are from the Panchayat era. For instance, the Education Act from 1972 and Infectious Disease Act from 1962 continue to be in effect.
The federal Parliament lacks business while the government is reluctant to draft crucial bills, said Devkota. Eight months since the House of Representatives convened after elections, the federal parliament has endorsed just one bill in addition to three mandatory bills related to the annual budget.
Jayanti Rai, the committee chair, said they will discuss the report and issue necessary orders to the government to prepare the bills without delay. The next meeting of the National Assembly has been called for September 4. “We expect the government to take the study seriously and prepare the bills with urgency,” said Rai.