The PM decided to keep the bill on hold, thinking that it might drag the government into controversy
The government has backed out of its plan of extending the tenure of the House of Representatives (HoR) and Provincial Assembly following widespread criticism from all walks of life, including the main opposition – the CPN-UML. The government had registered a bill to amend Some Nepal Acts at the Parliament Secretariat on Friday night with a view to extending the tenure of both the bodies till the first meeting of the next HoR and Provincial Assembly.
Minister of Law, Justice and Parliamentary Affairs Govinda Bandi had earlier said an amendment bill to this effect had to be tabled in the parliament to clarify that both the bodies would function for a full five years as per the constitution, which states that the tenure of the HoR and Provincial Assembly shall be five years. However, the Election Commission (EC), while issuing the election code of conduct, has already cleared the air that the tenure of the both the bodies shall end when a close list of the Proportional Representation (PR) system is submitted to the EC on September 17. It means the tenure of both the HoR and Provincial Assembly will remain only for 12 days, 48 days earlier than the scheduled November 20 general elections.
Considering the fallout of the bill during the general election, Prime Minister Sher Bahadur Deuba had invited Law Minister Bandi at his official residence, Baluwatar, and told him not to go ahead with the amendment bill aiming to extend the tenure of the HoR and Provincial Assembly till the first meeting of the next parliament.
Earlier, a meeting of the Business Advisory Committee had decided to conclude the entire process through a fast-track, cutting short the usual maturity period of five days to one day, and it had given the lawmakers just 24 hours from the normal 72 hours for putting the amendments proposals in the bill. A proposal of consideration to the bill had also been passed by the HoR. As the PM is averse to the bill, some lawmakers from the ruling coalition will come up with an amendment proposal on the bill, suggesting their tenure not be extended.
It is a worldwide practice in all parliamentary democracies that the tenure of the lawmakers comes to an end once the date for the parliamentary election is announced and the EC publishes its calendar of election events. The PM may have decided to keep the bill on hold, considering that it could drag the government into unnecessary controversy during the election. It was also not appropriate to extend the tenure of the HoR till the next parliament when the EC had told the local level elected officials to tender their resignation before the May 13 local level election.
The law ministry brought the amendment proposal without taking into account the tenure of the Speaker and Deputy Speaker, whose tenures also come to an end one day before filing the nominations for the first-past-the-post system. Holding an election is not that important. It must be held in a free, fair and impartial manner by providing all an equal opportunity and a level playing field. Had the bill been passed, as envisaged by the law minister, it would not have provided a level playing field to all. In this case, PM Deuba took the right decision. If need be, the next parliament can take up this issue, much earlier than the election time.
Elderly's right
An amendment to the Senior Citizens Act-2006 stipulating a jail sentence on the legal heirs if ageing parents land up begging in the streets is welcome.
The jail sentence could range from one year to five years and a fine between Rs 100,000 and Rs 500,000 for failing to take care of the elderly, compelling them to beg in the streets. Traditionally, in Nepal, the youngest son took care of the parents in their old age.
The tradition worked until recently when the joint family system was in vogue and the children stayed with the parents. But with young children leaving home for study or work to head for different destinations around the globe, the senior citizens have been left to fend for themselves, some of them even landing in the streets.
For quite many senior citizens, their only source of regular income is the old age allowance of Rs 4,000 a month from the government. The government had also registered a bill in the parliament that would require earning children to deposit 5-10 per cent of their earnings in the bank account of their parents to ensure their well-being. All these measures are necessary to ensure that senior citizens can spend their old age in comfort and dignity.
A version of this article appears in the print on September 6, 2022 of The Himalayan Times.
