Legislature of Nepal II Nepal's Legislature

Legislature of Nepal 

Among the three organs of state, legislature, executive and judiciary, legislature of Nepal is the most important organ which mainly perform the task of making law and timely amends the law in case of any need. 

Formation of legislature of Nepal 

According to 2072 BS, constitution of Nepal, there is a provision of bicameral legislature (having two houses) i.e. house of representatives and national assembly. At first, the house of representatives is composed of 275 members in which first 165 members are elected through direct election i.e. FPTP (first past the post) system from 165 different election constituencies of Nepal which represent each district separately whereas remaining 110 members are elected through proportional election system in which all of the members must be 25 years of old. Likewise, the upper house commonly known as national assembly is composed of 59 members which are elected through single transferable voting system and first-past-the-post electoral system in which there must be eight members from each province of eight members in which there must be 3 women, one disabled, one from minority groups and 3 candidates are elected through open cluster method. This way, upper house is formed by an electoral college on the basis of STV (single transferrable voting) system and remaining 3 are elected by President of Nepal. This way, 275 members from house of representatives (lower house) and 59 from national assembly (upper house) combines together for the formation of legislature of Nepal having altogether 334 members which works for different kinds of law and policy making in our country. 

Qualifications of members of parliament or MP's: 

The following are the qualifications to become the members of the federal parliament: 

1. A citizen of Nepal 
2. Minimum 25 years of age for the lower house (house of representatives) and 3 years of age for the upper house (national assembly). 
3. No conviction in any criminal case involving immoral behaviours (moral turpitude). 
4. Not declared disqualified or ineligible by any federal law. 
5. Not holding any position of profit. 

Provincial legislature in Nepal: 

Since Nepal has divided into 7 provinces, there is each legislature in all the provinces which includes total of 550 representatives overally. 

Qualifications of members of Pradesh Sabha (Provincial Assembly). 

The following qualifications are needed to become a member of the provincial assembly. 

1. A Nepali citizen 
2. A voter of the concerned province. 
3. Age 25 years 
4. Not convicted (punished) for any criminal offence involving moral turpitude. 
5. Not deemed (or declared) ineligible by an law, and 
6. Not holding any position of profit. 

Process involved in making laws of Nepal 

In Nepal, for making any law, at first the topic should be raised in lower house parliament, by the member of it. The member of parliament brings different national issues in the parliament which is being discussed in lower house parliament. Once it gets approved by lower house, it goes to the upper house by being bill (which is a draft presented in parliament) and if it again gets approved by national assembly it finally gets handed to the president and president will apply a signature on it and it will finally become law which is ready to be implemented. 

Power and function of Legislature of Nepal 

1, Legislative power and functions: In it, the legislature made the bills which will later converted to law and also amends law or constitution along with having the power of forming a new constitution scraping the old one. 

2. Financial power and functions: Legislature have the power to introduce new tax and its modification along with the executive even can'\t spent a single penny of money without permission of legislature and the executive need to present the annual budget to legislature and only if it is passed, then finance minister can announce budget over the country. 

3. Control over the executive: From legislature, the executive is formed. It also brings different national issues and subjects in the parliament regarding public concern to look over it and in the other hand forces the government to move on the right track. 

4. Miscellaneous powers and functions: In other powers, the finance minister can borrow more money than what has figured in the budget and no member of the house will be arrested while the session is going on which are included in it. 

Importance of legislature in Nepal 

The major importance of legislature in Nepal are mentioned below: 

1. This organ of state helps to promulgated different laws which helps in smooth running of the country. 
2. Impose new tax, new law, modify constitution is also another important work it perform. 
3. It brings different issues on parliament and emphasize government to look after such issues. 
4. It is the temple of democracy as many agendas are put here which helps to fulfill people needs and aspirations. 
5. Makes the cabinet, council of ministers and government responsible and accountable by asking the work being performed and details etc.,