Committee decides to urge Upper House for rectification on cooling-off provision
KATHMANDU, JULY 2
The State Affairs and Good Governance Committee (SAGGC) under the House of Representatives has decided to appeal to the National Assembly to rectify the error in the provision related to the 'cooling-off period'
Decision number two from the committee meeting held on Wednesday states, "Since the provision of the bill that Subsection 5, which would be retained after Subsection 4 of the same bill, is inserted when the subsection order is rearranged, has been passed with the addition of a subsection that would be contrary to the provisions and spirit of Subsection 4 of the committee's report, it was decided to sincerely request the SAGGC to make necessary the cooling-off period provision of 2025 in accordance with the decision passed by the committee."
During the committee meeting, Chairperson Ramhari Khatiwada stated that the National Assembly has been requested to make necessary amendments to point 43 of the committee report, as the provisions and spirit of subsection 4 of the bill were violated and passed by Parliament.
This has sparked increased interest in the National Assembly's amendment process. On Tuesday, the House of Representatives passed the bill, which was sent to the National Assembly. Secretary Surendra Aryal presented the bill during the meeting on Wednesday.
According to the Federal Parliament Secretariat, Federal Affairs and General Administration Minister Rajkumar Gupta will now introduce the bill for principled debate in the National Assembly. Following the principled discussion of the bill, the assembly gives lawmakers 72 hours to amend it. Amendments to the bill must be submitted within that timeframe.
The lawmakers then propose an amendment, which is discussed. Following the discussion, Minister Gupta should state whether he has accepted the MPs' amendments to the questions. If the House approves the subject he has accepted, the amendment becomes effective.
However, the National Assembly must return the bill to the House of Representatives with amendments. After being amended, the bill sent by the House of Representatives is reintroduced. Once the bill has been passed by the House of Representatives once more, Speaker Devraj Ghimire certifies it, fixes any general mistakes, and forwards it to the President's Office. President Ramchandra Paudel verifies the bill once it has arrived at the President's Office. The bill must pass a legal process after being published in the Gazette and verified by President Paudel.
During a meeting on Wednesday, however, SAGGC committee members once again voiced their strong opposition to the issue.
After a lengthy committee discussion, the majority of lawmakers deemed the chairperson and committee secretary irresponsible for making the incorrect reference when the matter was passed by parliament.
Padam Giri, a lawmaker from the ruling party CPN-UML, said that a high-level inquiry committee should be formed to find those who committed mistakes in the matter, and that the chairperson should resign to clear the way.
Giri claimed that the chairperson and secretary were not concerned with what other people did with the bill because they had signed the committee's report on it.
"The chairperson and secretary are responsible for submitting the decision in its current form and sending it to Parliament. Meanwhile, we don't know which minister or bureaucrat fabricated it. Following a thorough investigation, action should be taken based on who committed the errors, wherever they occurred," he stated.
"This is a dark chapter in Nepal's parliamentary history. This is a terrible and tarnishing incident. This may cause the general public to become increasingly dissatisfied with democracy and the parliamentary system."
Similarly, CPN-MC Chief Whip Hitraj Pandey claimed that a conspiracy was planned regarding the cooling-off period. Pandey stated at the SAGGC meeting on Wednesday, "Cooling off is not a new topic. It isn't just a fabrication. It is a sham. We want to hear from the top bureaucrats, including the chief secretary and joint secretary."
Govinda Bandi, a Nepali Congress lawmaker, also stated that the case should be investigated because it is serious. He stated that if another issue arises regarding a matter that the committee has decided and sent, it should not be ignored without further investigation.
"The speaker has given official permission. It was submitted to the National Assembly yesterday, not today. What happens if the National Assembly approves it?" he asked.
Following the outbursts from the committee members, chairperson Khatiwada declared that he was prepared to accept any punishment for his mistakes.
He asserted that he was attempting to improve the bill even more. He claimed that he had added "civil servants and government employees" and "after resignation," whereas the committee had only mentioned civil servants during the cooling-off period.
He claimed that he had personally asked the speaker to look into the matter. "I (Ramhari Khatiwada) am prepared to face any punishment if any mistake is found after the investigation," he stated.
