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    Law Making Process

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    Swarnim Sharma
    The law making process in Nepal has three phases - pre-legislative, legislative, and post-legislative. In the pre-legislative phase, a need for a new law is identified and a draft bill is created involving public input and approval from ministries and cabinet. During the legislative phase, the bill is introduced in parliament, debated, amended if needed, and voted on. Finally, in the post-legislative phase, the passed bill is authenticated by the president, becoming law.

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    Law Making Process

    Uploaded by

    Swarnim Sharma
    66 views15 pages
    The law making process in Nepal has three phases - pre-legislative, legislative, and post-legislative. In the pre-legislative phase, a need for a new law is identified and a draft bill is created involving public input and approval from ministries and cabinet. During the legislative phase, the bill is introduced in parliament, debated, amended if needed, and voted on. Finally, in the post-legislative phase, the passed bill is authenticated by the president, becoming law.

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    The law making process in Nepal has three phases - pre-legislative, legislative, and post-legislative. In the pre-legislative phase, a need for a new law is identified and a draft bill is created involving public input and approval from ministries and cabinet. During the legislative phase, the bill is introduced in parliament, debated, amended if needed, and voted on. Finally, in the post-legislative phase, the passed bill is authenticated by the president, becoming law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    66 views15 pages

    Law Making Process

    Uploaded by

    Swarnim Sharma
    The law making process in Nepal has three phases - pre-legislative, legislative, and post-legislative. In the pre-legislative phase, a need for a new law is identified and a draft bill is created involving public input and approval from ministries and cabinet. During the legislative phase, the bill is introduced in parliament, debated, amended if needed, and voted on. Finally, in the post-legislative phase, the passed bill is authenticated by the president, becoming law.

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    of 15

    Law Making Process

    Introductions
    • The process of law making, in relation to
    Parliament, may be defined as the process by
    which a legislative proposal brought before it,
    and then is translated into the law of the land.
    • It can be broadly divided into three stages /
    phases
    – Pre-legislative phase,
    – Legislative phase and
    – Post- legislative phase.
    • Pre-legislative phase comprises identification
    of need for a new law or an amendment to an
    existing legislation, drafting of the proposed
    law, seeking inputs / comments from different
    ministries and public, revision of the draft bill
    to incorporate such inputs, and getting the
    same vetted by the Law Ministry. It is then
    presented to the Cabinet for approval.
    • The Government has issued a Pre-legislative Consultation Policy to
    ensure efficient pre- legislative scrutiny of a legislative proposal, in
    consultation with the stakeholders. It includes publishing/ placing in
    public domain:
    • the draft legislation or at least the information that may inter alia
    include brief justification for such legislation, essential elements of
    the proposed legislation, its broad financial implications, and an
    estimated assessment of the impact of such legislation on
    environment, fundamental rights, lives and livelihoods of the
    concerned/affected people, etc;
    • an explanatory note explaining key legal provisions of the draft
    legislation or rules, in a simple language;
    • summary of feedback/comments received from the public/other
    stakeholders.
    Process: Legal Drafting
    • In this process, the relevant governing principles are given a
    legal language and drafted in representation to the policies
    of the state
    • This is also known as the drafting stage of any proposed
    legislation. In the drafting stage, including the stage prior to
    approval from the parliament and official enactment, the
    proposed legal document is called a “Bill”
    • Initially, the Bill must get approval, from the Ministry of Law
    and Justice. Secondly, the Bill must get the approval, in
    principle from the Council of Ministers. Thirdly, the Bill
    must be further approved subsequent to the discussions in
    specific Bill committees of the Council of Ministers. Finally,
    the Bill must pass the final approval stage of the Council of
    Ministers prior to its presentation in the parliament.
    Formulating a Bill: Concept Note and
    Approval from the Ministry
    • Either formulating a new Bill or an amendment Bill or an
    ordinance, the relevant Ministry initially submits the
    concept note to get the Bill principally approved by the
    Council of Ministers and the Ministry of Law and Justice.
    • Relevant ministry should take into consideration of
    following framework during formulating the bill
    • The need for formulation of the draft Bill: Constitutional
    Reasons, International Treaty Commitments, Supreme
    Court Orders, Government Plans and Policies etc.
    • The impact and results expected from the proposed Bill.
    • The description of prevailing laws on pertinent proposed
    topics of the Bill, if available.
    Cont..
    • The reasons for probability of desired effects, expected from the
    proposed legislation, unattainable through amendments in
    prevailing laws.
    • The description of government policy assessment based on either
    Rational, Incremental or Mixed methodologies.
    • The presentation of any suggestions, if available, on the topic
    provided by other institutions working in the relevant sector.
    • The description of financial implication of the Bill on the state, if
    any.
    • The description of any other special requirement pertaining to the
    • implementation of the Bill.
    • The need for consultation: If consultation is required for the
    formulation of the Bill from any relevant institutions then the
    proposing ministry must provide, if available, the reports of such
    consultation.
    Cont..
    • The process of law making in Nepal is mainly governed by two
    major segments of law.
    • The first one is the Constitution of Nepal, 2015
    • And (Legislature-Parliament) Rules 2075
    • Part 9 Article 110 of the Constitution regarding legislative
    procedures, grants the authority to any Member of the parliament
    to introduce a Bill in the house excluding, as per Article 110 (2),
    “....money Bill and a Bill concerning the Nepal Army, Armed Police
    Force, Nepal Police as well as security body.” which can only be
    introduced by the government.
    • On the other hand, Legislature-Parliamentary Rules 2075 provides
    legal frameworks for the Legislature-Parliament to, inter alia,
    conduct its businesses, maintain process, form and regulate
    committees and supplement the law making process.
    • Procedures of passage of bills (Art, 111)
    • Withdrawal of the Bills (Art, 112)
    • Assents on Bills (Art, 113)
    Types of Bills
    • Government Bill:
    – All Bills pertaining to state governance are usually initiated by the
    government or concerned ministry and presented to the parliament.
    • Private Bill:
    – Any Bills excluding government Bills and those excluded by Articles
    ___ (2) of the Constitution of Nepal can be initiated by any Members
    of the parliament.
    • New Bills:
    – New Bills are introduced, either by the government or Members of
    Parliament, in circumstances where there is a need for new laws in
    pertinent national areas.
    • Amendment Bills:
    – Amendment Bills are introduced in legislature parliament where
    certain provisions of the previously enacted legislations need to be
    re-adjusted, changed, supplemented, reformed or removed
    General Discussions on the Bill
    • In this session, the principles inherent in the
    proposed Bill, context, content and its
    relevance are ascertained amongst the
    parliamentarians.
    • Upon reservations from the house or any
    Member of Parliament as regards to the
    proposed Bill, a note of dissent can be lodged
    in the house.
    Proposed Amendment to the Bill:
    Process
    • The amendment must be relevant to the subject matter of
    the Bill and within the scope of the Bill.
    • The amendment must not be inconsistent with the
    inherent principles of the Bill.
    • The amendment must not be vague, meaningless or trivial.
    • The amendment sought to be made in any Section must be
    relevant to the subject matter of such a Section.
    • The amendment must not be inconsistent with any
    previously accepted principles or previous decision of the
    House.
    • The amendment must clearly and specifically suggest the
    particular provision or words substituting any provision or
    words in the Bill.
    Extensive (Clause-by-Clause)
    Discussion on the Bill
    • The slated “Clause by Clause” or extensive
    discussions could take place in three stages,
    depending upon the decisions in the House:
    – extensive discussion in the House,
    – extensive discussion in the committees and
    – extensive discussions in the sub-committees.
    Withdrawal of the Bill
    • A proposed Bill, until authentication or
    enactment by the Legislative- Parliament, can
    be withdrawn at any point during the
    parliamentary session by the respective
    proposer, i.e. Government Minister in case of
    Government Bill and Member of Parliament in
    case of Private Bill.
    Validation of the Bill
    • In Nepal, a Bill passed by the Legislature-Parliament
    becomes an Act only after its authentication by the
    President. Thus a Bill passed by the Legislature-
    Parliament is certified by the Speaker and then
    submitted to the President for authentication.
    • Constitution of Nepal does not grant any veto power to
    the President to refuse validation of Bill once it has
    been approved by the House and certified by the
    Speaker.
    • Upon receipt of notice of the President’s
    authentication, the Speaker reads out the notice to the
    House.

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