State Affair Committee
State Affairs Committee
Legislature- Parliament of
An Introduction
The work of the Parliament in modern times is not only varied in nature but also considered in volume. In the Parliamentary System the whole functions of the government are in the control of the Parliament. Due to the limited time at its disposal, the Parliament, could not give due consideration in all the legislative and other matters. Hence, Parliament conducts a great deal of its business through the different committees. The main objectives of forming Committees are simplification in work performance, saving time, utilization of expertise, depth Study of subject matter, proportional representation, focus on consensus and swiftness in decision etc.
A parliamentary committee is also known as a Mini Parliament or Parliamentary Workshop. The committee functions according to certain rules. The report prepared by the committee is to be presented to the House. Parliamentary Committees play important role as a body of the Parliament but the final decision of the Parliament is taken by the House.
Under the Article 58 of the Interim Constitution of the
The main duty of the Legislative committee is to submit report to the House after holding clause wise discussion on the Bills introduced in the Legislature-Parliament (except clause wise discussion held in the House).
Seven Thematic committees have been constituted in the Legislature-Parliament in order to perform the functions of the House in a more regulated and effectives manner and to make the members more extensively engage in the affairs of the country. The main objective of these committees is to make the government responsible to the legislature- parliament and to provide necessary direction and suggestion to the government on different matters after evaluating and monitoring the activities of the past and present government.
Similarly some other committees may be formed for different purposes and needs. Such Committees are mentioned as Special Committees. Special Committees are categorized into permanent (like Security Special Committee and Public hearing Special Committee) and Ad-hoc.
State Affairs committee is an important one among of the seven Thematic Committees. The scope of work of the Committee covers the following Areas. In case of arising question about Scope of working areas Speaker takes final decision.
1. Office of the Prime Minister & Council of Ministers,
2. Ministry of Defense,
3. Ministry of Home,
4. Ministry of General Administration,
5. Commission for the Investigation of Abuse of Authority,
6. Public Service Commission and
7. Election Commission.
Formation of the Committee: The committee consists of sixty three members including ex-officio members. The Members are nominated by the Speaker of the Legislature-Parliament and House approves it. The Prime Minister and concerned Ministers to the working areas of the committees are ex-officio Members. While nominating committee members, attention is to be paid to the number of political parties represented in the house as well as the proportional representation of women, indigenous/tribal people, Madhesi, Dalit, backward regions and other communities. Except for the Minister no member can be the member of more than one committee at the same time. If a non- member wishes to take part in the sitting of the committee s/he should inform at least one day beforehand but s/he doesn't not have the voting right in such sitting.
The Chairperson is elected from among the members of Committee. No minister is to be elected as the Chairperson of the Committee. Even if a Minister is the member for more than one committee at the same time he has only the right to vote in one committee while electing Chairperson. The Secretary of the Legislature-Parliament is the Secretary of the Committee. But s/he may depute any subordinate officer to work as the Secretary of a committee.
Election procedure of the Chairperson
Speaker determines the date for the election of the Chair person. The notice is published by Secretary General or secretary before 48 hours of the date of election. A member should notify the Secretary General or Secretary within 5 PM of the day before the determined date for the election, with the proposal that any other member be elected as the Chairperson. Along with the proposal the support of another member and the assent of the proposed member that he is agree to perform the duty of the office if elected, should be enclosed. After the submission of the proposal in the Committee the supporter should support. In the condition of submitting only one proposal the immediate chairperson declares the proposed candidate being elected without opposed. When the submitted proposals are more than one, are discussed one by one as the registration order after the statement of each supporter member. Then the Chaired member allow for oral voting for each proposal orderly, uttering the Word YES in favor of proposal & NO for it's against. The proposed Member who receives simple majority is elected as the Chairperson. While deciding the first proposal, if a candidate receives required majority other proposals are not to be decided. The Chaired person has also the right of voting. In case of tie of votes the decision is taken by lottery system.
Formation of Sub-Committees
To manage or conduct internal business of the Committee in systematic ways or study and report about the subjects inside of the committee's working areas the Chairperson may form Sub-Committees from among of the members. The business, process, procedure and time frame should be fixed at the time of formation of Sub-committees. The members of Sub-committee should get assent of the Speaker through the Chairperson in case of visiting of any place in respect of performance their tasks.
Committee's tenure, Termination of the membership & removal of the Chairperson:
The Committee has the tenure whatever the Legislature-Parliament has. However, by the consent of the House the Speaker may change committee's member from one committee to another. Conditions of removal of the Chairperson are as follows:
1. In case of losing the membership of the Legislature-Parliament,
2. In case of becoming a Minister,
3. In case of resigning,
4. In case of removed by 2/3rd majority of members passing the resolution due to misbehaving or not responding of his /her duty as his office.
The vacant office of the Chairperson is fulfilled by above mentioned ways but tenure remains as committee remains. The office of the member terminates in the same conditions as the first three mentioned above & fourth one is the completion of the tenure of the Legislature Parliament.
Power Functions & Duties of the Committee
The main task of the committee is to make the government responsible towards the Legislature-Parliament and provide necessary direction and suggestion to the government about different matters within the scope of its work after evaluating and monitoring the activities of the government of the past and the present. Under the given jurisdiction the Committee has the powers, functions and the duties which are as follows:
· To evaluate the policies and programs, resource mobilization, administration and similar other activities of the Ministry, Department and other bodies under the Government of Nepal, and to comment thereupon and submit a report together with the recommendations to the House.
· To check and estimate the revenue and expenditures of the Ministry, Department and Divisions under the Government of Nepal and report to the House, with its opinion and the methods of preparing annual budget, and the method of alternative approaches which may be adopted with respect to the policies in annual budget and how the amounts were included in the annual budget.
· To assess the works initiated by Government of Nepal the regarding implementation of the assurances given by the member of the Council of Ministers on behalf of Government of Nepal from time to time in the House.
· To study, monitor and evaluate whether or not public property is being misused, and provide suitable direction in this connection and report to the House.
· To hold discussions and direct the functions & performance of the government under the acts and rules.
· To study the translation of reports submitted by the probe and investigation commission/committee formed by government, and give them suitable advice, recommendation and direction.
· To carry out other tasks as assigned by the House.
· To conduct its business according to the budget approved by the Speaker on the recommendation of committee.
· To exchange views with the representatives of the concerned Ministry and Department and, if necessary, with experts in the related field while preparing the report mentioned above.
· In addition, the State Affairs Committee shall review the annual report of the Public Service Commission along with the memorandum of Government of Nepal, on matters pertaining to administrative irregularities mentioned therein, and see whether the actions of Government of Nepal are appropriate and legally justifiable or not. It also recommends policies and the measures that need to be adopted to make the administrative machinery of the Government more dynamic, effective, efficient, unbiased and conscientious, and submit the annual report to the House. It shall also review the annual report of the Commission for the Investigation of Abuse of Authority regarding the matters that need to be mentioned in it according to the Interim Constitution of Nepal and submit the annual report to the House.
Besides these constitutional provisions and Conduct of Business of Legislature-Parliament Rules State Affairs Committee has some other rights and duties ensured by some Acts are:
· To get and discuss The Annual Report about the management of Nepal Army Submitted to The Nepal Government by the Commander in Chief of Nepal Army.
· To discuss and consider on the annual report of Military Welfare Fund submitted through the Guardian of this Fund to the committee under the Nepal Army Act 2064 regarding the income, expenditure and progress report about the fund.
· To discuss and consider on the annual report of Nepal Trust submitted through the Guardian of this Trust to the committee under the Nepal Trust Act 2064 regarding the work and activities performed by the trust, its income, expenditure and the problems faced during the carrying out of its work and the measures taken by the Trust to resolve them.
· To provide consent to the Management Committee of the Nepal Trust for sale the estate and property of the Trust and whatever is mentioned in this connection under the Nepal Trust Act 2064.
Meeting of the Committee: The Chairperson calls the meeting as required. Chairperson chairs the meeting. In case of absence of the Chairperson a member chosen from among of Members chairs the meeting. Such person uses all the Power as having the Chairperson. The notice should provide to the Speaker in case of chaired the meeting by others. In case of holding meeting outside of the
Quorum: Quorum for a meeting requires the presentation of 1/4th members of total numbers, if required quorum doesn't reach the Chairperson can suspend the business of the committee until such number is fulfilled or adjourn the meeting for any other time or date. If the meeting of the committee is adjourned for two consecutive times due to failure to reach the quorum, the Chairperson has to inform the Speaker concerning thereof.
Notice of Absence & Action: A member who absents for five consecutive meetings he should inform thereof with causes to Chairperson but the Speaker should be informed if it happens for more than five consecutive meetings. The member who violates these rules s/he may be removed from the committee by the Speaker on the recommendation of the Chairperson. At that situation of the removal such a member from the committee, notice should be given to the House thereof.
Entrance of Non Member in the Committee: If a member who is not the member of the committee desires to take part in the committee's meeting should inform to the Committee one day before but s/he doesn't have the right of voting. If a concerned Minister needs to make the Committee clear about any matters and needs help of governmental experts and officers for this purpose, he may take them with him with permission of the Chairperson. Similarly the Committee may provide permission for entrance in the Meeting to the represents of any interest or pressure group as Committee requires. The duty of those people is to provide proper information to the Committee. Besides this the Committee may demand any documents from the concerned persons or officers in respect of performance of its business. To introduce a document demanded by the Committee, if the concerned Minister feels inappropriate because of national security and interest he should inform to the Committee with causes. The Committee takes decision about this matter. Committee may ask and take enquiry and statements to/from the presented persons
Discussion and Decision in the Committee: Members of the Committee may take part in every discussion and decision except the matter going on discussion in the committee is concerned with a member's vested interest. Whether the time for discussion has been specified or not, the Chairperson may shorten the discussion at any time if s/he considers that the discussion is being unduly prolonged. Committee takes decision by the majority of presented Members. In case of tie of votes the final decision is taken by the Chairperson and Committee decision is also verified by the Chairperson.
Report of the Committee The report of the Committee is submitted to the House by the Chairperson. In the absence of the Chairperson any other member of the Committee designated by the Speaker submits such report. The person submitting report may deliver brief statement if he wants while submitting such report. Committee report submitted to the House should be executed by concerned Minister. In respect of execution of the Committee's annual report from the government the Committee follows it by monitoring and evaluating and submits report to the House. The Chairperson may provide a notice of motion to the Speaker for discussion on the report within two days of the report submission and permission is given to Chairperson to submit motion in any meeting of two days back. After that Chairperson submits the motion and the Speaker allots the time for discussion. After response of concerned Minister about the questions arising on discussion it deemed to be finished.
Discipline and order in the Meeting
To maintain peace, order and discipline in the committee the Chairperson has the power and authority similar to Speaker in respect of Committee and its Members. In case of a Member removed or suspended from Committee not to be deemed removed or suspended from the House. In case of removal and suspension of a Member from the Committee, notice should be given to the Speaker thereof.
Committee Secretariat
Committee has its own Secretariat. The Secretary of the Legislature Parliament is the Secretary of the Committee But s/he may depute any subordinate officer to work as the Secretary of the committee. In condition of remaining vacant the office of the Secretary his power is used by Secretary General. With the permission of the Chairperson the Secretary General, Secretary or the officer deputed to work as the Committee Secretary may express her/his opinion in respect to the procedures of the committee. S/he is also authorized to communicate on behalf of the committee if it is deemed necessary, with the concerned Ministry, Department or any Entity in order to assist the function of the committee during the period even when the committee is not convened.
Power, Functions and Duties of the Chairperson
Under The Conduct of Business of Legislature-Parliament Rules, 2008 the power, functions and duties of the Chairperson of the Committee are as follows.
· To call meeting as required,
· To chair the meeting,
· To maintain peace, order and discipline in the meeting,
· To suspend the business of Committee or adjourn for any other time or date in case of not reaching quorum,
· To notice the Speaker if two consecutive time does not reach the quorum,
· To recommend the Speaker for the action for those Member not to present five consecutive meeting without notice,
· To form sub-committees as required,
· To request for assent to the Speaker in case of the members of Committee/subcommittees need to visit of any place in respect of performance of their tasks,
· To provide permission for the entrance of any government officers or experts in committee meeting as concerned Minister requests,
· To call in the represents of a pressure groups and interest groups in meeting as Committee required,
· To Shorten the discussion either it be fixed or not,
· To submit the Committee's report to the House,
· To notify the Speaker about the motion for discussing on the report submitted to the House,
· To get permission from the Speaker in case of hold Committee meeting outside of the premises of
· To use all power in respect of Committee and its Members as the Speaker uses to conduct the House,
· To notify the Speaker in case of any member's removal or suspension from Committee member,
· To provide assent if any Member requests with causes not to be presented five consecutive meeting,
Power, Functions and Duties of the Secretary
Under The Conduct of Business of Legislature-Parliament Rules, 2008 the power, functions and duties of the Committee Secretary are as follows.
· To take all responsibilities about meeting management, administration and conduction etc.,
· To co-operate Committee and its members as required,
· To prepare TOR while forming Sub- Committees,
· To call in persons, make them introduce necessary documents, ask and take statement as Committee required,
· To depute any officer under of him to work as the Committee Secretary,
· To communicate with the related Ministries, Departments and other Entities in respect of Committee's business and
· To express opinion with a permission of the Chairperson about the matters under consideration in the meeting.
-By Jeevaraj Budhathoki
Publications(1)
CA Members belonging to the committee(57)
