Weak law making at the local level, administrative officer transfer problem
Kathmandu. KATHMANDU: The Legislation Management Committee under the National Assembly (NA) has held discussions on the measurement of the implementation of the Act in Nepal, its importance, practice, challenges and orientation on the way forward.
In the meeting of the committee held in Singha Durbar on Saturday, Pooja Chaudhary, chairperson of the Public Policy and Delegated Legislation Committee, said that there are still weaknesses in the formulation and implementation of necessary laws at the local level. She said that during her visits to various municipalities after she became the chairperson, the local levels were asked about the necessary laws, but they did not get clear information about it in many places. Chaudhary said, “I have not visited many municipalities since I became the president.
But when we went to a municipality, we asked, “How many laws do you have at the local level?” There were laws that came from the union, but they did not make laws that should be made according to the local needs. “
The problem of frequent transfers of the Chief Administrative Officer at the local level has also affected the formulation and implementation of the laws,” she said.
‘In most of the municipalities, the administrative officer comes only after three to four months and is transferred again within a week. This has also affected the law making process,” she said.
Chaudhary said that the law could be evaluated and improved on the basis of the sample format of the post-legislative examination report, adding that the role of experts was indispensable in the legislative process. Sharing her experience that the committee had studied various community and private libraries by appointing experts in course of formulating library policy, she said it was difficult to mobilize experts continuously due to lack of budget.
“We’re not law students,” she said. We know that a law is necessary, but we need the help of experts on how to prepare it legally. But due to lack of budget, it is difficult to call experts again and again. The National Assembly should also make necessary arrangements in this regard. Member of the National Assembly Ram Kumari Jhankri said that attention should be paid to the necessity, impact and implementation capacity of the laws rather than increasing the number of laws.
Stating that the government mainly brings bills in countries that follow the Westminster system including the UK, India, including Nepal, she said the US system is different.”I don’t think we should be so worried,” she said.
There is no need to carry the guilt that we have not fulfilled our legislative responsibility. In countries like the UK, India and other countries that have adopted the Westminster system, it is customary for the government to bring the bill. In the US, the executive does not have the power to register bills in Parliament. “
She stressed that the economic and administrative capacity of the state should also be taken into consideration while making laws.
‘To make a law anywhere is to create an additional liability of the state. Therefore, if a new law is needed, it should be seen whether the state has the capacity to implement it,” she said.
He said that instead of the debate that many laws are yet to be made after the new constitution, the focus should be on the impact on the lives of the citizens due to the lack of laws.
“Instead of just saying that the law was not enacted, we should evaluate how it affected the citizens.” It is equally important whether the state has the necessary resources and capacity to provide services to the citizens,” she said.
Stating that Nepal’s federalism is its own model based on collaboration and coexistence unlike other countries, he said it would not be appropriate to evaluate the financial system of the province and local level only negatively.
She said.
प्रतिक्रिया दिनुहोस्
