| 29 |
Can members of the legislature be held accountable for their actions? |
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29a:
In law, the judiciary can review laws passed by the legislature.
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| Score: |
YES |
NO |
 |
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Comments: Nepalese judiciary can check the actions of the legislature and executive to ensure that they do not violate constitutional prerogatives and limits. Besides this original jurisdiction, the Supreme Court of Nepal has the Appellate and Advisory jurisdiction also. The Supreme Court may entertain writ petitions to interpret laws passed by the legislature.
References: The Interim Constitution of Nepal 2007, Article 107
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29b:
In practice, when necessary, the judiciary reviews laws passed by the legislature.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: In principle, the judiciary in Nepal is independent. The judicial activism demonstrated in few cases is, no doubt, praiseworthy. However, the image of the judiciary remained tainted even after the Loktantra, due to famous CD scandal (it was all about the court personnel openly bargaining for the bribe from a party in a case) and other indifference shown to some important issues raised under the petition.
References: Media Reports
Nepal: Human Rights Yearbook, 2007, published by Informal Sector Service Center (Insec), www.inseconline.org
Peer Review Comments: When necessary judiciary reviews laws passed by the legislature. The issues of corruption and bribery though exist.
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29c:
In law, are members of the national legislature subject to criminal proceedings?
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| Score: |
YES |
NO |
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Comments: The members of the national legislature are subject to criminal proceedings like any other layman, according to the Nepalese laws. The only requirement in this regard is that the Parliament be informed about the arrest if the parliamentary session is in progress.
References: Criminal Legislation; Article 56 (5) of the Interim Constitution of Nepal 2007; Legislative-Parliament Rules 2007
Peer Review Comments: Yes, I agree. There are more than a dozen such examples during 12 years of parliamentary practice.
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| 30 |
Are there regulations governing conflicts of interest by members of the national legislature? |
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30a:
In law, members of the national legislature are required to file an asset disclosure form.
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| Score: |
YES |
NO |
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Comments: The national legislators of Nepal are the "public officials" and are required to submit asset disclosure forms at regular intervals. Besides, the election legislation requires the candidates to submit the disclosures after they are elected to the post.
References: Corruption Control Act 2002, Section 2(D)(1) and 50; Election Legislation
Peer Review Comments: Yes, legislators are, by law, required to submit asset disclosure files.
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30b:
In law, there are restrictions for national legislators entering the private sector after leaving the government.
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| Score: |
YES |
NO |
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Comments: There are no such restrictions.
References: Election Legislation; Other prevalent Nepalese Laws
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30c:
In law, there are regulations governing gifts and hospitality offered to members of the national legislature.
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| Score: |
YES |
NO |
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Comments: Because the national legislators are public officials in the eye of laws, the restriction with regard to gifts and hospitality is equally applicable to them.
References: Corruption Control Act 2002, Section 5
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30d:
In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.
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| Score: |
YES |
NO |
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Comments: No mechanism of audit exists because the law requires that all disclosure records be kept confidential.
References: Corruption Control Act 2002, Section 50 (4)
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30e:
In practice, the regulations restricting post-government private sector employment for national legislators are effective.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Because there is no law which restricts national legislators from taking-up post government private sector employment, this is not applicable in the Nepalese context.
References: Legislative-Parliament Rules
Peer Review Comments: There are no any restrictions on national legislators for post-government private sector employment.
Peer Review Comments: There is no legal provision to restrict post-government private sector employment for national legislators.
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30f:
In practice, the regulations governing gifts and hospitality offered to national legislators are effective.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Even though they exist in law, the regulations governing gifts and hospitality are not enforced effectively. The monitoring agency, the National Vigilance Center, is incapacitated due to the lack of strong political will and inadequate governing rules and regulations.
References: Corruption Control Act 2002, Section 5
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30g:
In practice, national legislative branch asset disclosures are audited.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: No such system exists in Nepal.
References: Legislation relating to Corruption Control and Laws governing Parliamentary Affairs
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| 31 |
Can citizens access the asset disclosure records of members of the national legislature? |
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31a:
In law, citizens can access the asset disclosure records of members of the national legislature.
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| Score: |
YES |
NO |
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Comments: The Act explicitly restricts the public access to the asset disclosure records. Besides, the law requires that all the disclosures filed by the members of the national legislatures be kept confidential. They are made available only to the investigating agency, if requested, hence no access is granted to the citizens.
References: Corruption Control Act 2002, Section 50(1) (3) and Section 50 (4)
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31b:
In practice, citizens can access legislative asset disclosure records within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Because the disclosure records are kept confidential, citizens are deprived of the information.
References: Legislation relating to Corruption Control
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31c:
In practice, citizens can access legislative asset disclosure records at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: This is not applicable because the access is restricted.
References: Legislation relating to Corruption Control
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| 32 |
Can citizens access legislative processes and documents? |
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32a:
In law, citizens can access records of legislative processes and documents.
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| Score: |
YES |
NO |
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Comments: Earlier, it was governed by the Supreme Court guidelines. However, in the changed context, the new Act relating to the right to information has a comprehensive provision for obtaining information.
References: Gopal Krishna Shivakoti vs. His Majaesty's Government; The Right to Information Act 2007
Peer Review Comments: Yes, every single citizen has access to the Legislative-Parliament library, where all records are kept. This library is open to all.
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32b:
In practice, citizens can access records of legislative processes and documents within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Earlier, records were accessible within one or two weeks or even more, subject to and depending on the nature of the document. But after the promulgation of the Right to Information Act, the set timeline is prescribed. According to the new Act, information of certain nature is to be made available immediately, whereas other information shall have to be made available within 15 days of the time a formal request is made. However, Nepal is yet to witness the effective implementation of the said Act, because it came into force very recently.
References: The Right to Information Act 2007
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32c:
In practice, citizens can access records of legislative processes and documents at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Records can be obtained by paying official charges, such as nominal fees and the cost of photocopying, etc. The new Act strictly prescribes for charging a fee as-per-actual-cost basis.
References: The Right to Information Act 2007
Peer Review Comments: Records are available for free or a nominal cost. And we can get any information within two or three days.
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