Law-Making Process in Nepal – Detailed Explanation
(Federal and Provincial Levels)
1. Federal Law-Making Process
1.1 Constitutional Basis
- Law-making power is vested in the Federal Parliament under **Article 83** of the Constitution of Nepal
(2015).
- Legislative procedures are detailed in **Articles 109–113**.
- The Federal Parliament consists of:
- **House of Representatives (HoR)** – lower house
- **National Assembly (NA)** – upper house
1.2 Types of Bills
a) Based on Initiator
1. **Government Bill** – Introduced by a minister on behalf of the government.
2. **Private Member's Bill** – Introduced by an MP not holding a ministerial post.
b) Based on Subject
1. **Ordinary Bill** – General law, can be introduced in either House.
2. **Finance (Money) Bill** – Only introduced in HoR, must be presented by Finance Minister.
1.3 Stages of Federal Law-Making
1.3.1 Drafting and Introduction
- Draft prepared by concerned ministry or MP.
- Includes title, objectives, and clauses.
- Registered in Parliament and published in Nepal Gazette.
- Ordinary bills: either House; Finance bills: HoR only.
1.3.2 First Reading
- Minister/MP explains purpose and necessity.
- House debates general principles.
- Decision: proceed or reject.
1.3.3 Second Reading (Detailed Discussion)
- Sent to subject committee for clause-by-clause review.
- Committee may consult experts, stakeholders, public.
- Committee submits report with recommendations.
- Full House debates report, votes on amendments and clauses.
1.3.4 Third Reading
- Final version presented.
- Brief discussion, then vote.
- If approved, sent to the other House.
1.3.5 Consideration by Other House
- Second House can approve, suggest amendments, or reject.
- If amendments made: first House must agree.
- Persistent disagreement → joint sitting resolves issue.
1.3.6 Presidential Authentication
- President reviews passed bill.
- Options:
1. Authenticate → becomes law
2. Return once with comments → reconsidered by Parliament
- If passed again, President must authenticate.
1.3.7 Publication and Enforcement
- Authenticated law published in Nepal Gazette.
- Becomes effective on specified date or publication date.
1.4 Special Case: Finance Bill
- Introduced only in HoR by Finance Minister.
- Sent to NA for suggestions (must return within 15 days).
- HoR may accept/reject suggestions.
- Goes to President for authentication.
1.5 Practical Example
- **Civil Service Bill**:
- Drafted by Ministry of Federal Affairs
- First reading: purpose discussed
- Committee review: detailed clause analysis
- Third reading: passed by HoR
- NA review: minor amendments, accepted by HoR
- President authenticates
- Published in Nepal Gazette → law enforced
2. Provincial Law-Making Process
2.1 Constitutional Basis
- Provincial Assemblies derive legislative authority under **Articles 197–201**.
- Can legislate on subjects under Schedules 6 & 8.
- Bills passed by Assembly authenticated by Provincial Head (Governor).
2.2 Types of Bills
- **Government Bill:** Introduced by Provincial Minister
- **Private Member’s Bill:** Introduced by Assembly member not a minister
- Categories: Ordinary & Financial (Provincial Budget)
2.3 Stages of Provincial Law-Making
2.3.1 Drafting and Introduction
- Draft prepared by ministry or MP
- Includes objectives, clauses, and title
- Registered in Provincial Assembly
2.3.2 First Reading
- Introduced in Assembly, objectives discussed
- House decides whether to proceed
2.3.3 Committee Review (Second Reading)
- Sent to subject committee
- Clause-by-clause examination
- Expert and public consultations allowed
- Report submitted with recommendations
2.3.4 Third Reading
- Assembly debates final version
- Vote taken; if majority supports, bill passes
2.3.5 Authentication by Provincial Head
- Passed bill sent to Governor
- Options:
1. Authenticate → becomes law
2. Return once → reconsidered by Assembly
- If passed again, Governor must authenticate
2.3.6 Publication and Enforcement
- Law published in Provincial Gazette
- Comes into force on specified or publication date
2.4 Example
- **Provincial Education Reform Bill**:
- Drafted by provincial education ministry
- First reading: general objectives discussed
- Committee review: amendments suggested
- Third reading: passed by Assembly
- Governor authenticates
- Published → enforced
3. Comparison Table: Federal vs Provincial Law-Making
4. Significance of Law-Making
- Ensures democratic representation and transparency
- Provides checks and balances between legislature and executive
- Allows public consultation and expert input
- Produces refined, effective laws for governance
5. Flow Summary
**Federal:** Draft → First Reading → Committee Review → Third Reading → Other House → Joint
Sitting (if needed) → President → Gazette → Law enforced
**Provincial:** Draft → First Reading → Committee Review → Third Reading → Governor → Gazette →
Law enforced
