Deadlock over Key Issues
Committee for Determining the Structure of the Legislative Body has proposed two houses, namely house of representative and national assembly in the federal legislature which is known with the umbrella term parliament. There will be 151 members in the House of Representatives with 76 of them elected in first past the post election and 75 elected through proportional representation system. The committee has proposed that 76 constituencies should be retained to elect one each from the constituency in the house of representative
While choosing candidacy in proportional representation system political parties have to ensure representation, on the basis of ‘provincial closed index’ system, of women, Madheshis, Tharus, Oppressed caste, Dalits, Indigenous community, Muslim, backward class and region, and minority community taking into account the size of population. The committee also holds that at least one third of the total members in the house of representative should come from women. The committee report has proposed the tenure of the HR to be five years.
In National Assembly, on the other hand, there will be 51 members. Of them 13 members, at most, will be chosen from minority community, backward class in terms of religion and language, and nationally reputed experts, such members who have not had representation in the lower house of the parliament. They will be chosen through the principle of proportional representation and singe transferable voting system. They will be elected by the lower house. The draft report states that members will be chosen equally from each province as national assembly is mainly is the assembly of the province representatives. To be the member of the assembly the candidate has to be Nepali citizen, have attained at least 25 years of age for the house of reprehensive and 35 years of age for national assembly, should be eligible by all law, and should not be holding any office of profit any official designation and titles in the government level.
Privileges
The draft report has made the provision of privileges with the objective of letting the members entrusted by the people and representing them in the parliament to express their opinions and views freely and fearlessly without crossing the boundaries set by constitution. They use their conscience in making decision and casting vote. There will be complete freedom of speech in both houses of the parliament, and no any member will be subject to arrest, detention, and prosecuted in the law courts for the opinion expressed in the parliament or for the vote cast in the parliament. The committee proposed to put this provision in the privileges of constitution. The report also mentions that every house of the legislature parliament shall have full power to regulate its business, and it shall have the exclusive right to decide whether or not any proceeding of the legislature parliament is regular. No question shall be raised in any court in this regard. The report clearly states “ no comment shall be made about the good faith of any proceedings of the legislature parliament, and no person shall make or disseminate anything about comments or suggestions made by any member, deliberately misinterpreting or distorting their meaning.”
Likewise, the committee recommends, no proceedings shall be initiated in any court against any person for publication made under authority given by the legislature parliament of any document, report, voting or proceeding. No member of the legislature parliament shall be arrested during the session of the legislature parliament. But with regard to criminal accusation, any member on a criminal charge under any law, shall be arrested. But if any member is so arrested, the authority making such arrest shall immediately inform the person chairing the respective house immediately.
Any breach of privilege of any house shall be taken as the contempt of the parliament. The legislature parliament shall have the exclusive right to decide whether or not nay breach of privilege of the legislature has taken place. If anybody condemns the parliament the person chairing the meeting may, in accordance with a decision by the meeting to that effect, reprimand, warn or impose a sentence of imprisonment not exceeding three months or impose a fine of up to ten thousand rupees on such a person.
Province legislature
The committee has conceived of unicameral legislature in the provincial level. Provincial legislature will be called province assembly in which as many as 35 members can remain according to population size. 18 members come from direct election, 35 from proportional representation system. The committee proposes that in the province assembly a minimum of one third of the total number of the candidates shall come through direct and proportional representation system. To acquire membership of the province assembly the candidate has to be inhabitant of the respective province, should attain 25 years of age, should be eligible by law, and should not be holding any office of profit. It has been interpreted that ‘office of profit’ means any position, other than a political position, filled by election or nomination, for which remuneration or economic benefit is paid out of a government fund.
Four different opinions
17 CA members from Maoist, 3 from MJAF and 4 from UML have put their different opinion in the draft report of the committee. Devilal Thapa from UML has put his own different opinion. Maoists have objected to the name of the parliament itself. While NC , UML and other parties are contented with ‘legislature’ Maoists insist that it should be named Federal People’s Representative. The committee proposes bicameral legislature but Maoists have rooted for unicameral system. Maoists hold that there should be 151 to 250 members, of even number, federal people’s representative incorporating all from the centre. Federal People’s Representative is constituted by direct election first past the post system, on principle of multimember election system taking into consideration the principle of inclusive representation, on the basis of geography and population, with proportional inclusive representation of women, Dalits, oppressed communities/ indigenous groups, Madheshis and Muslim.
Those who have attained 16 years of age have right to vote. Candidate should attain 23 years of age to become the member of the assembly and 30 years of age to be the chairman and vice chairman of the assembly. Maoists also hold the provision, in their different opinion, of constituting a standing committee with representation of one member from each autonomous province and not exceeding 21 members from among the members of the federal people’s representative to carry out legislative function in absence of FPR meeting. Maoists proposed the members of province member to be minimum 25 and not exceeding 45 taking into consideration population of the province as opposed to committee proposal of limiting the members to 35. They also have mentioned the provision of calling the member back. After two years of being elected a member can be called back from his tenure in case he fails to represent his constituency. In demanding withdrawal of the member, at least 10 % of voters, in case of the party that takes initiative for this action is the same as the members belongs to, and 35 % voters in case of the initiative taken by other parties have to submit their demand with signatures.
Madhesi Jana Adhikar Forum(MJAF) opined that for the election of members of parliament constituencies in each province have to be determined on according to the size of population. Also only one member can be elected from each constituency. MJAF holds that the chairman of the national assembly should be the vice president. It also stands against the imposition of prohibition on discussion in its different opinion. The committee report has stated that no discussion shall be held in any house of the parliament on a matter that may adversely affect justice delivery, which is under consideration in any court of Nepal, and about anything done by a judge in course of performance of his or her judicial duties.
Yasodhadevi Adhikari, Julikumari Mahato and Sila Katila from CPN(UML) proposed to add the provision of 50% seat allocation to women in first past the post election for constituting house of representative. Likewise, Devilal Thapa (UML) has demanded that the constituting process of house of representative system should be made more clearly defined. The committee report has it that “there will be 151 members in the house of representative of which 76 members are taken from first past the post and 75 from proportional representation. The election house of representative shall be conducted through adult franchise and secret ballot.” Thapa demanded to add “ constituency shall be determined on the basis of proportionality of population and geography in determining each constituency” in the committee report.
The committee sat its first meeting on December 16, 2008. The meeting that lasted for two hours discussed about the election of the chairman, jurisdiction and terms of reference of the committee and its timetable. In a meeting held three days later on push 4, discussion had centered on the need of reference materials for the committee. In altogether seven meetings as of January 19, 2009, jurisdiction and schedule of the committee was discussed. During this period, the chairman of the committee was elected. From January 25 the committee began to take advice from subject experts. From January 25, the committee discussed with the committee members about the modality of questionnaire to collect public opinion. The next day the committee discussed on the need to constitute subcommittee to study the questionnaire. In the thirteen meetings that followed, questionnaires were discussed and suggestions were studied. Discussions were held on concept paper too during this period. Discussions on concept paper began on May 18, 2009. Eleven meetings thereafter were centered only on the discussion of concept paper. And the meeting of August 28, 2009 decided to submit the committee report to the constituent assembly. From the beginning to the end, there were altogether 50 meetings held in which 9 hours 45 minutes were spent in discussion.
Conclusion
In the committee meetings NC and UML proposed the system of bicameral federal legislature. As opposed to this, Maoists stood for the unicameral legislature. To that end the party put its different opinion too. NC and UML agreed to follow mixed election system for the parliamentary election. Maoist rooted for multimember constituency and proportional representation. Also it insisted on constituting one standing committee to carry out necessary functions in absence of house sessions. The main political parties could not strike consensus on the issues relating to the name, structure, number and representation of /in the parliament. Maoists introduced the features of oneparty system in the committee discussions. UML and NC insisted on the continuity of the past system. Maoist were more concentrated on establishing its influence over others. They argued that the constituencies have to be determined according to population size. After long deliberation and discussions, the committee could prepare the report regarding the determination of structure of legislative body. But still main parties stand at loggerheads over crucial issues on center and province.