Pardafas Reporter
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Experts have highlighted the need to bring overhauling reforms in course of the formulation of legislation in Nepal.
At a programme entitled ‘Review of legislation framework and simplification of legislation formulation’ organized by National Assembly’s Legislation Management Committee, experts have identified the need to bring reforms in the naming of the legislation, its preamble writing, language and amendment style.
On the occasion, former chairperson of Nepal Law Commission, Madhav Poudel underlined the need to bring changes in determination of law enforcement commencement day as well as the clauses defining the duties and responsibilities of the office-bearers. “The clauses of responsibilities, rights and duties should be separately arranged. There needs improvement in uncontrolled use of drafting provision and use of delegated legislation. The law should be formulated in a way to maintain accountability”.
The terminology ‘legislation’ refers to both the law enacted or made by the legislators and the law-making process. The experts have also highlighted the need for inserting a brief clause provisioning legal individuals as well as court jurisdiction in legislation formulation and its framework.
The experts have also recommended forming a high-level committee to review existing style, framework and structure of the legislation, develop a high-level parliamentary committee or a committee led by parliament members for study and determine scope of works of the committee.
The legislation drafting or making style has the legal and cultural influence of the country. It is a globally established conviction that the language and style of the legislation should be clear, definite and objective.
Poudel noted, “There is a need to set a norm of uniformity in the course of drafting bills and formulating legislation on the recommendation of the high-level committee”. Legislation is a cumulative form of draft tabled at the parliament or legislature, directive issued by President at government recommendation, executive order issued by the government and legislation formulated under the delegated authority.
The experts also recommended to widen the consultation and deliberations on the bills of public concern and related to good governance and also to increase proactive initiation to discuss on the bills by framing an annual calendar. Among other suggestions provided by experts were encouraging non-government bills by providing technical assistance conducting law literacy programmes for parliament, government and civil society, internship on law drafting and making process and using explanatory notes.
Also on the occasion, Chairperson of Nepal Law Society, Tirthaman Shakya recommended to develop an unformed standards and formulate by-law along with the act. “The parliament should develop a basis with the framework of the law. The law drafting requires a very experienced hand. As each bill creates expenses and envisions structures, it needs a comprehensive pre-legislative study”.
The legislation formulation style is to prepare a draft in legal language so as to implement any definite policy, concept or programme. The legislation style reflects the country’s language, culture, legal system and prevailing political characteristics.
Committee President Parshuram Meghi Gurung stressed the need to bring uniformity in legislation formulation style and retain the human resource carrying out law drafting responsibility.
As the federal, provincial and local levels are constitutionally bestowed the authority to formulate laws, the legislation drafting style, its structure and language should be simple, the experts said.
National Assembly Secretary Rajendra Fuyal highlighted the need of transforming the competence and experience of the skilled human resource of the legislation sector of the country.
The experts recommended developing at least each employee of the federal parliament and province assembly as an expert of law-drafting and legislation formulation.
The parliament needs to take the lead role in putting legislation reforms in legislation formulation style and framework in the national priority, the experts said.
