Lil Prakash Chand
KATHMANDU — From ministers, secretaries to the leadership of government offices, there has been an increase in the number of people making directives and making decisions outside the law. Due to this, a series of parliamentary studies have concluded that the chain of irregularities and corruption has increased in the country.
The Ministry of Education, Science, and Technology has issued the National Science, Technology and Innovation Policy 2076. The Ministry of Agriculture has brought 2076 guidelines on the process of conducting youth programs in agriculture.
The two ministries have not mentioned any legal basis for issuing the procedure.
According to the latest figures from the National Planning Commission, 61 percent of the population is engaged in agriculture. But the Ministry of Agriculture Development, which works in the interest of farmers, is still operating without law.
Minister for Agriculture and Livestock Development Padmakumari Aryal said that the work of drafting the law has reached the final stage.
Spokesperson of the Ministry of Law Fanindra Gautam said that there was no problem in the directive or act prepared in coordination with the ministry. He said that there was a problem in the implementation process as there was a provision to make the directive without informing the ministry.
The parliamentary committee has concluded that in agriculture, without law, decisions are made on the basis of more than 250 directives. In order to implement the constitution and the act, the government has to make directives, procedures, and rules and regulations.
However, the study has shown that most of the ministries are making their own procedures and guidelines contrary to the prevailing delegated legislative provisions.
Ram Narayan Bidari, chairman of the National Assembly’s Delegated Management and Government Assurance Committee, has claimed that the directive was written in such a way as to serve the interests of the minister or secretary.
“Our study has shown that the secretary to the minister also runs the ministry and the department for the commission on the basis of the directive.” Chairman Bidari said.
According to Chairman Bidari, more than half a dozen directives of the Ministries of Industry, Land Management and Cooperatives, Labor have been rejected. More than a dozen ministries have been asked to correct the guidelines.
Parliament is one of the primary sources for law making in Nepal. However, the number of regulations and directives has increased by hundreds every year as it is written in the Act to be made by the Parliament as ‘as prescribed by the government or as provided by the government’.
The Committee on Delegated Management and Government Assurance of the National Assembly has concluded that hundreds of directives are prepared annually by 25 ministries and subordinate bodies, judiciary, constitutional bodies or organs, foundations, public institutions, or autonomous bodies.
Spokesperson of the Ministry of Law Fanindra Gautam said that there was no problem in the directive or act prepared in coordination with the ministry. He said that there was a problem in the implementation of the directive as there was a provision to make the directive without informing the Ministry of Law.
Autonomous bodies can make directives and regulations using the authority of the Act. Parashuram Meghi Gurung, chairman of the Legislative Management Committee of the National Assembly, says that many directives should be repealed.
It is found that the ministries change the directives as soon as the ministers and secretaries return. Former Chief Secretary Vimal Koirala has the experience of trying to stop such a situation but it has not been successful.
Koirala has said that the decision will not be taken by the Chief Secretary due to political influence.
The Committee on Delegated Management and Government Assurance of the National Assembly has concluded that hundreds of directives are prepared annually by 25 ministries and subordinate bodies, judiciary, constitutional bodies or organs, foundations, public institutions, or autonomous bodies.
In order to put an end to this situation, another separate act on delegation has been started.
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Lil Prakash Chand Chand is the deputy editor of CIN.
