29
May

Legislators’ Engagement in Policy Making and Post-Legislative Scrutiny in Nepalese Parliament Since 1991

Sanjaya Mahato, Rupesh Kumar Sah, and Pooja Chaudhary

Parliament enacts the legislation and has the role to evaluate implementation of the legislation in meeting intended results. Post legislative scrutiny identifies defective legislation and rectifies it. As such, it contributes in better legislation and implementation of legislation objectives. However, this requires strong commitment of the parliamentarians in legislation process and policy making. Due to various reasons, such as, due to lack of time and level of exposure (both expertise and exposure) of parliamentarians post legislative scrutiny in Nepal has always been ineffective and hence, both policy outputs and legislation remained unsustainable and defective.  The main reason for ineffective post legislative review is that – first, MPs shallow engagement in policy making and its review on legislation and second, their engagement more on development works such as building roads, schools etc. For example, the constituency development fund provided to MPs has been continuously increased in a consecutive elections since 1991. Their populist ways of getting in touch with people via development works have not only created a better policy deficit but also do not strengthen institutions and finally, impacts on the consolidation of democracy in Nepal. The paper argues that the shallow engagement of member of parliaments in policy making process and ineffective post legislative review have not only resulted defective and unsustainable policies but also defective legislation. This has created problems in rule of law and accountability. The paper is largely drawn from reviewing contributions of delegated legislation committee for rule of law, evaluates implementation of the committee recommendations in improving legislation and analyzes the effects of noncompliance of committees’ recommendations in people’s justice.

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