Legislature

Legislature

Published by: Nuru

Published date: 09 Dec 2021

Legislature in Grade 8 Social Studies, Reference Notes

Legislature

In this chapter, we discuss about the corruption, types, effects, and measures to prevent corruption. Grade 8 Social Studies, Reference Notes.

Legislature in Nepal

There are three important organs of the state.They are : Legislative, Executive and Judiciary. Legilative is composed of the people's representatives who are either directly or indirectly elected by the citizens of a country. It is formed to formulate laws of a country.

Legislature can be bicameral (having two houses: upper house and lower house) and unicameral (having only one house).Currently, there is the provision of the unicameral legislature in our country which is called the Legislature Parliament it will remain in effect until the general election shall be held for the new legilative under the new constitution. This parliament is the transformed form of the then Constituent Assembly whose task was to draft the constitution of Nepal and enact laws.

According to the Constitution of Kingdom of Nepal, 2047 B.S., there was bicameral legislative in which the House of Representatives and National Assembly formed the legislature. The Interim Constitution of Nepal, 2063 had the provision of the unicameral legislative. But, these days, there is new constituion in Nepal which was drafted by the Constituent Assembly. Now, Nepal has adopted the federal system of governance in the changed political scenario. The Constitution of Nepal, 2072 BS has the provison of the bicameral legilative at the central level and each state/ province shall have the unicameral state legislative.

Criteria to be a candidate for Federal legislature (parliament):

  1. Citizenship of Nepal
  2. 25 years of age for the House of Representative and 35 years of age for the National Assembly.
  3. Committed to and respect the spirit of mass movement
  4. Not in possession of profit oriented organization (office)
  5. Not convicted by the criminal court.

Functions of legislature are:

  1. It makes new laws and repeals and amends the old ones.
  2. It passes budgets and taxes to be implemented by the executive.
  3. It can raise questions about the policies and programs of the executive.
  4. It presents no confidence to the government when required.
  5. If it withdraws its support to the executive, Council of Ministers collapses.

Checks over Executive are:

  1. It has the power to reject or accept the decision taken by the executive.
  2. It raises questions against executive if there are irregularities and if the executive is not working as per the will of the people.
  3. It has the power to approve the budget presented by executive..
  4. It has the rights to dissolve the cabinet with 'Vote of No Confidence'.

Checks over Judiciary

  1. It has the power to remove the judges through impeachment.
  2. It has the right to approve the appointment of judges through the parliamentary discussion.
  3. a

Importance of legislature are:

Legislature is necessary because it is the organ of the government that makes laws and passes them and also amends old laws. It is of greater importance. No democratic government can do its duty for the benefits of the people without law and cannot contribute to the development of the nation without law.

Legislative body of Nepal:

The Interim Constitution of 2063 has vested the power on Council of Ministers. Initially, the parliament had 330 members and it has now been replaced with 601-member Constituent Assembly in 2064 BS. During the 1st election, Maoist emerged as the greatest power in the country and Pushpa Kamal Dahal became the first Prime Minister of Republic Nepal. In the recently concluded 2nd election, Nepali Congress became the superpower whose chairman Sushil Koirala is the current Prime Minister of Nepal. Subash Chandra Nemwang from the UML became the speaker of the house for both the times.