Social Studies Federal Legislature Exercise | Unit-5 Lesson-1

1. Present in your class the provisions of qualification to be the member of the Parliament.

Answer: Following qualifications are required to become the member of the parliament are:

The foremost thing is he/she should be a Nepali citizen.
Age factor is there for the House of Representative the minimum age should be 21 and for the House of Assembly, the age is 35 years.
One shouldn't have any record of being indulged in criminal activities in past.
The provision of existing law should not have made any one disqualified in any ways.
One should not be taking dual benefit being involved in any profit making sectors.

2. Dividing your class into four different groups, present your conclusion in your class by each one stating each functions.

Answer: One of the most important identities I have got is making law. It has system. The bill presented in the parliament goes through discussion, analysis and if it is approved by two-third majority of members, it is stamped and takes the form of law.

Administrative Function: My body (legislative) is an independent organ but has an attachment with the executive body and judiciary as well. The executive body itself doesn't elect the cabinet members. The election of legislative body confirms the model or the representation of the executive body whether it is of majority or coalition government. The PM and the cabinet members are responsible to the parliament in clarifying, explaining or justifying facts on any incidents, decisions, plans and programmes or any serious issues. The members try to make it more responsible by asking various questions, criticizing and commenting over its roles and takes. Vote of no-confidence to the government gets originated at the session of parliament.
Another function of my body is about financial issues. The executive body has authentic rights in preparing budget and presenting in the parliament, but the budget should be approved by the legislative body. Imposition of any taxation should be done as per the parliament's approval. My body doesn't give excessive freedom to the executive body in financial cases. Restriction and control makes the financial system of the country more transparent. For example, In the case of recent profit tax issue of the N-cell, a private sector telecommunication company, the account (Auditing) committee decided to invite the PM to and give clarification over the tax fraudary case.
Constitution Amendment Function: My body has another important function of amending the constitution, if some articles or sub articles are not relevant or suitable it has some dubious or contradictory issues against the people or country, then two-third of majority is required to pass it.

3. What is legislative? Write about the formation system of it.

Answer: Legislature is one of the most important organs of the government. It is a bicameral assembly of the members of the House of Representatives and the House of Assembly. This bicameral representation of the people is only there at the general legislative body that is at the center.

According to the constitution of Nepal-2072, there is a federal legislature at the centre. In this model there are House of Representatives and the House o Assembly. There is a provision of periodic election in every 5 years for the House of Representatives. The 75 districts are divided into 165 constituency areas as per the population. From 165 constituency areas, the same member of representatives gets elected according to the first past the post (also called direct election) election procedure. In the same election the voters vote for the political parties and 110 representatives get elected according to the proportionate procedure.

On the other hand there is the House of Assembly with 59 members. The total of S6 members are chosen with 8 members from each 7 provinces. And the rest 3 members are nominated by the president of the country. In this assembly there is the provision of of representation.

4. What is parliament?

Answer: Parliament (sansad) is a national body of elected representatives. It legislates (make laws) for the smooth running of the government. So, it is called national legislature. Different names are given to this body of representatives of the people in different countries. It is called congress in the United States of America, 'Diet' in Japan, National Assembly in France and National peoples’ congress in china.

5. What was the major cause behind the end of the tenure of the constituent assembly of Nepal on Jestha, 14, 2069?

Answer: The major cause behind the end of the tenure of the constituent Assembly of Nepal on 14 Jestha, 2069 was the misunderstandings and conflicts among the major political parties which couldn't fulfill the objective of the constituent assembly.

6. According to present constitution of Nepal, it shall not be proposed motion of No Confidence against prime-minister. Write your opinion in a sentence.

Answer: It is a very good provision because it would help a lot to maintain political stability and bring development in our nation.

7. Point out a characteristic of recently promulgated constitution of Nepal.

Answer: The constitution has been drafted by people's representatives (Constituent Assembly) for the first time in the whole history of Nepal.

8. How does the legislature perform the functions of formation of law?

Answer: The legislature is an institution of the people's representatives. It is given the responsibility of formulating and enacting laws to govern the nation. The members of the legislature are involved in the formulation of laws according to the wish and desire of the people. Different proposal are tabled at the meeting of the legislature discussions are held on the proposals in different committees and sub-committees formed in the legislature, necessary revisions, modifications are made and finally put forth as bills for enactment. After such bills have been endorsed by the legislature, they become laws. In our country according to the Interim Constitution, 2063 B.S. the President certifies approved bills and they become laws.

9. Clarify the inter-relationship among Legislative, Executive and Judiciary in accordance with the constitution of Nepal in three points each.

Answer: There are three organs of the state (Government). They are Legislative, Executive and Judiciary. Legislative prepares law for the nation and amends the existing law if necessary. Similarly, Executive executes the law prepared by the Legislative. Judiciary checks the process of preparing the law and implementing it. In case of otherwise, it gives stay order not to continue the work.

There is very close relationship among the organs of the state (Government). Some facts to prove the relationship are presented below:

The Legislative has a control over the finance of the country that the executive has to spend in different sectors. The council of Ministers has to prepare the budget and get it passed by the Legislative. Only after it, Executive can spend the money as determined by the Legislative.
Executive is formed from the elected or nominated members of Legislative. It has to be answerable to the Legislative. It there is imbalanced co-ordination between the Legislative and Executive, the Legislative dissolves the executive by vote of no confidence against the government. Instead, the Executive can dismiss the Legislative writing to the head of the state, and getting it approved.
The Legislative may table impeachment against the chief justice or other judges it they go through any misconduct against the sovereignty, national integrity and public welfare. In opposite to that, Judiciary may raise question against any conduct of the Legislative or Executive if the act goes against national development.

In the parliamentary system of government, the prime minister and other ministers are chosen from the members of Legislative. The Executive remains in Executive position as long as they are in confidence of Legislative. They constitutional council is headed by the prime minister which recommends names for major posts of the nation. The chief justice is one of them. This is how the three organs of the government are interrelated with each other.

10. Write the procedure of the formation of Constituent Assembly in Nepal. Mention two similarities and four differences between Legislative Parliament and Constituent Assembly.

Answer: The election of the Constituent Assembly was held on 4th Mangsir, 2070 for the second time. Though the election was held for 575 members, there are 601 members in the Constituent Assembly. Other 26 will be nominated by the Government.

There were two different election methods applied. 240 members would be directly elected according to the First-Past-The-Post method. For this the country was divided into 240 election constituencies with minimum one and maximum 10 in districts. The one who gets the highest votes from among the total candidates registered in the constituency would be declared the winner.

For the proportional method, parties would name the candidate to the percent of total votes they get from the country. 335 members of Constituent Assembly are elected by this method of election.

The two similarities between the constituent Assembly and Legislative Parliament are:

They both are formed by the same process of election and nomination.
The same representatives of people work as the members of Legislative Parliament and Constituent Assembly.

There are also the differences between' the Legislative Parliament and Constituent Assembly. Four of them are mentioned below:

The Constituent Assembly plays different roles for drafting a new Constitution according to the change after 2063 BS in Nepal, but the Legislative Parliament focuses on the programmes and policies of the government and development of the country.
There are different committees formed within the CA and all they work for making constitution but the Legislative Parliament is divided into opposition and government in which the opposition provides critical support to the government regarding its works.
The CA collects public opinion on the issues of making constitution but the legislative parliament goes to the public for evaluating the effectiveness of the government and need of people.
After promulgating the constitution, the CA gets dissolved or remains passive but the Legislative Parliament keeps on working till the date it is replaced by new representatives after election held according to the constitution.

11. The constituent Assembly elected in 2064 BS ended without promulgating the constitution. What were the reasons behind the end of the assembly? What is to be done to formulate new constitution? Write our opinion.

Answer: The constituent Assembly elected in 2064 B.S. ended without promulgating the constitution.

The following were the reasons behind the end of the assembly:

The political parties couldn't demonstrate the most patient and inter- relative characters by holding mutual dialogues to set up any problems, disputes, misunderstanding etc.
The political parties couldn't play the pioneer roles by using alternative measures like calling for election, make a government of national consensus, give up one's illogical selfishness and egos.
The civil societies also couldn't play independent and fair roles as mediators to give pressure to the political parties to make necessary arrangements to draft the constitution.
There were always intra-party, inter parties conflicts. The political parties held hundreds of meetings, dialogues but they couldn't reach to the conclusion, they mainly conflicted and the matter of state re-structures identity of national sovereignty and number of provinces etc.

Ultimately, the Constituent Assembly dissolved on 14 Jestha, 2069 B.S Without promulgating the most awaited democratic republic constitution of Nepal.

Still, the political parties of Nepal have hopes and expectations to make the democratic republic constitution. The political parties are agreed to form the extra party government, according to which, the government is formed under the chairmanship of the Chief-Justice on 1 Chaitra 2069 B.S. The government is given the responsibility to hold the election of the Constitution Assembly by Mangsir, 2070 B.S. To fulfill the objective, i.e. making the new constitution, the present government has to work intensively by taking the support the political parties of Nepal.

The following measures should be applied to make the new constitution:

The political parties should demonstrate the most patient and inter - relative characters by holding mutual dialogues to set up any problems, disputes, misunderstandings etc.
The political parties which are not agreed to accept the present election government formed under the chairmanship of the chief justice should be convinced to come to the main stream of election campaign and support the government.
The necessary legal provisions budget, security should be managed on time so that the Election Commission can run its activities for conducting the election of the constituent assembly in given time-frame.
The political parties should help to create a peaceful environment, without any closure, strike, violations etc. They should help the local administration to distribute the citizenship certificate, voter's identity card etc.
The civil society can play a very important and fair role as a mediator to give pressure to the political parties and government to make necessary arrangement for holding the upcoming election of the constituent assembly.

12. The parliament nominates form amongst persons of high reputation who have rendered prominent service in various fields of national life. If you wanted to be nominated like that in the future what will you have to do for the nation? Make a yearly plan form class ten.

Answer: I'm 18 now. I should be 35 to be the member of the National Assembly. I will have to render prominent service in various field of national life within 20years.I will continue my study and complete masters within 8 years. During the period of my study, I will think of and explore the possible areas need that my contribution. My father has enough money in the bank and he is a big landlords as well. But he has not spent money for development of my back ward community. After the completion of my study, I will establish a campus in my own land. I will also widen the roads and connect the area with the means of communication. I will also establish a hospital with the assistance of local people. I will also launch forestation and cleanliness programme and make the area beautiful. Now this area will be attractive for tourists. I will delineate this area as a tourist destination and foster the economy. Then the people will talk of my deeds and the parliament will nominated as a member of the National Assembly.

13. What is sovereignty? Who exercises the sovereign power in Nepal?

Answer: Sovereignty is the power of the state which manages internal affairs. At the same time it is free from external control. If there is sovereignty in a country, then its people are legally independent of external control and supremacy in internal affairs. Sovereignty has both internal and external aspects. The internal aspects of sovereignty mean that the state is the supreme authority within the territory. The external aspects of sovereignty means that the state is completely independent of and sovereignty. Sovereignty is exercised only by one state and its government sovereignty is one of the components of state is population, area, government & sovereignty.

14. Write a paragraph on importance of legislative body in a democratic country.

Answer: Legislative body is the most vital part of any democratic country. It is a national body of representatives called parliament. Thus, it is in this body that the burning needs and wants of the people are discussed. It is in a way, a guide for the government. Similarly, for passing any bill, voting has to take place in the legislature and it also here that issues of national interest are considered. It is also from the legislative body that a government is formed which rules the country. The government in fact, solely depends on the legislature (parliament); the parliament can at any time withdraw its support to the government. In that case the government collapses. Legislature has absolute control over the finance of the country. It also exercises certain judicial powers. It can appoint special commission for important procedure. So, legislative body is very important in democratic country.

15. Describe the four powers and functions of legislature.

Answer: The four powers and functions of legislature:

Legislative powers and functions: The first and foremost function of the legislature or parliament is to make laws. This national body of representative is entrusted with the task of preparing laws according the needs of time and amending them according to the changing situation. They make discussions on public opinions and proposals and give them a form of bills after being divided into a committee and sub- committees. When the parliament approves it through majority, the bills become laws of the country. Thus, parliament is described as a law factory where raw materials of public opinion are converted into statues, resolutions and public policy.
Financial powers and functions: Parliament has absolute control over the finance of the country. All democratic countries follow the principle: "No taxation without consent" of the representatives of people. The government has no power to rise and spend a single paisa without the consent and approval of the parliament. The parliament prepares an annual budget every year. The government can spend money in various works as allocated by the parliament. Therefore, legislature is called the boss of national revenue.
Administrative powers and functions: In all democratic countries, legislature has complete control over executive. The council of ministers remains in power as long as it commands the confidence of the legislature. In a way, the life and death of the council of ministers depend upon the parliament. Not only this, all political appointments made by the council of ministers can be questioned in the parliament. In other words, it is a branch of government which is equal to, and independent of executive.
Judicial powers and functions: The parliament also exercises certain judicial powers. The chief justice and other judges are appointed on the recommendation of the members of parliament. The parliament can also recommend to the council of ministers for their removal in case of their incompetence or misconduct. The British Upper House, i.e. the House of Lords is the final court of appeal in the country. Similarly, the American Upper House i.e. the state acts as a court of impeachment for the trail of the president and the vice-president. In our country, the changes against any high government official can be put in the parliament.

16. What is legislature? What does our legislature compose of?

Answer: Legislature is an organ of government that prepares the laws. It amends the existing laws according to time and situation. Our country has recently formed Constituent Assembly. It also acts as the parliaments. It consists of 601 members. The two hundred and fourty members are elected form First-Past- the-Post and 335 are selected as proportional representatives. Rest of the members are nominated from the parliament.

17. Give an introduction of three organs of the Nation. Among them explain the functions of the legislature.

Answer: Effective governance is possible only through scattered powers. Such powers work independently but they are interrelated. Democratic countries practice these powers for good governance. The organs of the government are Legislative, Executive and the Judiciary.

The theory of scattered powers or separation of power is a characteristic of democracy. In it, these organs work, separately but at certain points they are interrelated. They work for a complete wholeness. Legislative system, is the modern principle developed in 18 19 century. This body is a representative body of people which elects or nominates them. These people do not only discuss about various issues but even play significant role in making law. At present Nepal is practicing with Constituent Assembly as a form of parliament. It has got the mandate of forming a new and the most awaited strong constitution. The legislative body can well prosper in democratic countries. Everything goes systematically. This body is headed by the speaker.

Executive body is another organ of the state. It executes or implements the rules and regulations through different offices, departments and manpower. It is also called the government in another word. It is headed by the Prime minister. It is made up of ministers, state and assistant ministers. The provision is that the Prime Minister is appointed from among the member of the parliament but there is no restriction for the ministers in this case. Executive body is a very powerful and attractive organ for the respect and facilities the ministers enjoy. But they have to be responsible towards the legislative body in various actions they act upon. The executive body has the provision of enjoying the authority as the head of state in some countries. This body is liable to make administrative functions, diplomatic, financial management etc.

Judiciary is another important organ of the state. It is associated to legal sector which is very sensitive and a responsible organ. The law that is made by the legislative body is enforced by the executive body and the judiciary body explains them along with the verdict, decision given of punishment to the law violators. It describes and guides the constitution, so it is even called the 'Guardian of the Constitution. It is headed by the Chief Justice with other teams of judges. There are three level of courts in Nepal District court (75) Appellate Court (16) and the Supreme Court (1) at the centre. The authorities of this body should be very fair and impartial; otherwise justice procedure will be affected by power and money. Law is the greatest fear and awareness for the people. Its image should be always maintained by the judiciary body among its entire concerned network so that it will always earn trust and faith. Its functions are -Judicial functions, protecting people's rights and freedom, gives counselling to the executive or legislative bodies. The functions of legislative body are-

Law enactment: Among the representatives there are discussions and proposals made on various issues of the people and the country. They are staffed, discussed, made revision, modified and finally put forth as files for enactment. They are finally sealed by the concerned authority and enacted as law.
Financial functions: Financial issues are sensitive matters of state. The executive body has authority to allocate it and make expenses but the legislative body has the controlling power over it. The budget presented by the executive has to be approved by the legislatives. Taxation provision should be passed through the legislative.
Amending Constitution: Since legislative is the law making organ, it is equally responsible in amending the constitution on any required issues on the consent of two-third of members of the parliament. It can question over the functions and activities of the judiciary body in the parliamentary meetings.

18. Describe any three functions of each parliament, executive and legislative.

Answer: In a democratic country, the pressure of the three organs of the government is very essential. Their independent existence but interrelated functions make democracy stronger. If all the organs legislative. Executive and judiciary work effectively, then the country can really gear up its mission of development. In our country, there are the provisions of these organs in our constitution. Their functions are-

Legislative:- Legislative body directly refers to the parliamentary system. It may have a unicameral or a bi-cameral parliamentary system. Through the general election, the parliamentarians get elected or nominated and these people discuss on various issues regarding the people and the country. Dedicated parliamentarians can bring great change in the country. It's functions are-

Making law:- The parliamentarians discuss on various issues. The passed law is previously presented as a bill, if it is approved by two-third majority of the present members in the parliament it is made law. This law gets implemented through various channels of the government
Formation of the government- Government is made up of a political party which has the highest seat in the parliamentary election. Prime minister has to be formally elected through the election. A majority holding political party in the election can form its government of own, otherwise the maximum seats winner party can make a coalition government in the support of other parties.
Financial powers:- Though the budget is prepared by the organs of the government, but the ultimate approval should be made from legislative. Unusual provisions of taxation, expenditure, misuses are prohibited, restricted or questioned in the parliament.

Executive:-This organ is one of the most respect and value owing in the state. It is called the government in another word. It is a law enactment body with various administrative, security units throughout the country. The elected highest seat winning political party in the election becomes the Prime Minister and appoints other ministers. This body represents the government domestically and internationally. Its function are-

Administrative Power:- There are various regional, zonal, district administrators, heads of the various departments. They can appoint, transfer, and promote them as per their performance. They are given certain authorities.
Financial Function:- Within the legal provisions this organ can utilize wider financial acts. Making of budget, proposing tax, use of financial fund as per the need etc are some of its authorities and functions.
It has its function to make diplomatic relations elsewhere in the international sector. It appoints the ambassadors, consular.

Judiciary:- This organ is another very important organ of the state. The law making organ makes it by making authentic real and it is this organ which protects, explains, and gives justification over it. It has got a supreme court in the centre, 16 Appellate courts and 75 District Courts. They have their own powers and function. Such as-

Judicial Function:- Its main function is to do judicial work by making a case study and giving justice to the innocent and punishment to the culprit. Various kinds of cases are given justification.
Dealing serious cases:- There might be some issues within the country on serious economic and political matters. After a detailed study, this organ gives decision by releasing legal complications.
Favours people's rights:-The provision of fundamental rights mentioned in the constitution is emphasized with decision on their favour, if they are violated. They protect and justify them.

19. Define Parliamentary Ruling System. Explain briefly the merits and demerits of Parliamentary Ruling System in four points each of them.

Answer: Parliamentary Ruling System is the system of governance in democracy in which the Executive is formed from Legislature and becomes responsible to it. The head of the state is normally different person from the head of the government in this system.

Merits of Parliamentary Ruling System:

It is faster and easier to pass legislation. It is so because the executive often includes the members of legislature which creates shorter any process for the formation of any plan, policy or decision.
There is division of power between legislative and executive which makes them responsible to their works.
Executive becomes responsible to its works since it can be dissolved any time by legislature with 'vote of no confidence'.
There is less chance that a single person becomes autocratic or dictatorial because the head of the state is normally different person from the head of the government in this system.

Demerits of Parliamentary Ruling

There is chance of political instability. (Government may change time and again) since legislature can dissolve executive any time with vote of no confidence.
There might be overlapping of works between the head of the state and head of the government.
In most of the cases, the head of the government is not directly elected by people but elected or nominated among legislature. And, there might be power politics and influence in this regard for winning the post.
There is lack of definite election calendar or time because the ruling party may delay, postpone or even pre-pond election as per its present status. It means, it would prefer to conduct election in the favorable time to gain majority votes or popularity.

20. Imagine, your friend is eager to know the characteristic of present constitution of Nepal. State the characteristics that will help him/her in four points.

Answer: The four major characteristics of the present constitution are:

The constitution has been drafted by the elected people's representatives (Constituent Assembly) for the first time in the history of Nepal. Before this, a commission or few chosen representatives used to draft constitutions including no will or limited wills of the people.
The constitution was promulgated on 3 Ashoj 2072 and contains 35 parts, 308 articles and 9 schedules.
It has institutionalized federalism by keeping the provision of 7 federal units or provinces.
For the first time, the constitution has included wide range of fundamental rights which are 31 in number. The most new and striking rights include Right the Elderly, Right to Dalit, Consumers' Right, etc.

21. Mention the formation of federal legislature according to the constitution of Nepal.

Answer: The formation (structure) of federation legislative according to the Constitution of Nepal, 2072 are:

There will be bicameral legislature in Nepal: House of Representatives and National Assembly.
There will be 275 members in House of Representatives: from FPTP (First Past The Post) 165 members and PR (Proportional Representation) 110 members.
There will be 59 members in National Assembly: elected members 55 and nominated by President 3.
The tenure of the members of House of Representatives will be of years and that of National Assembly will be of 6 years.

22. Write the specialities of constitutional organs. Compare the provision of constitutional organs provided in the Interim Constitution of Nepal/2063 and the present constitution in four points.

Answer: The additional organs or bodies besides legislature, executive and judiciary that are established for helping various works of government are known as constitutional organs. The major speciality of constitutional organs is their power, function and formation is mentioned in the constitution.

The provisions of constitutional organs in the present constitution (the Constitution of Nepal, 2072) and the Interim Constitution of Nepal, 2063 are:

The present constitution has made provision of 8 constitutional organs whereas the Interim Constitution had provision of just 6 such organs.
In the present constitution, the Part 12 deals with Auditor General, Part 21 with Commission for the Investigation of Abuse of Authority (CIAA), 23 with Public Service Commission, 24 with Election Commission, 25 with National Human Rights Commission, 26 with National Natural Resources and Fiscal Commission, and finally Part 27 with Other Commissions such as Women, Dalit, Janajati, Aadibasi, Madhesi, Tharu, Muslim, etc.) Among them, the two constitutional organs National Natural Resources and Fiscal Commission (NNRFC), and Other Commissions (OC) were absent in the Interim Constitution.
The NNRFC has been formed for making recommendations oon distribution of grants, revenues, resources, etc. between the provincial government and local governments from the federal consolidated fund. It has also been established for making recommendations about coordination and mitigation of disputes likely to arise regarding distribution of natural resources between the federal and provincial (state) governments. There has been provision of Other Commissions for women, Madhesi, Tharu, Muslim and other disadvantaged groups for empowering or upgrading their status in society, public posts and mainstream politics.
The present constitution is more progressive and egalitarian regarding the inclusion, power and functions of the constitutional organs.

23. Why is legislature called law factory? Compare the provision of formation of legislature in the present constitution and the Interim Constitution of Nepal 2063 B.S. in four points of each.

Answer: Legislature is called law factory because the major function of legislature is make law according to the will and interest of the people.

The provisions of formation of legislature in present constitution are:

There will be bicameral legislature: one in central unit (federal) and next on each provinces/states.
The federal legislature consists of bicameral parliament (House of Representatives and National Assembly) whereas the provinces will have unicameral legislature (Provincial Assembly).
In federal legislature, the House of Representatives consists of 275 members and National Assembly has provision of 59 members.
The House of Representatives will be formed among the members elected on two bases: 165 members based on FPTP (First Past The Post) i.e. directly elected representatives) from 165 election constituencies across the nation, and 110 based on PR (Proportional Representation) from the whole country as one election constituency (total number of votes cast to political parties).

The provision of formation of legislature in the Interim Constitution, 2063 were:

There was provision of unicameral parliament called Legislature Parliament.
There was provision of transforming and remaining the Constituent Assembly members as Legislature Parliament members too. Once the Constituent Assembly would complete constitution drafting, the members would collapse along with the collapse of the Constituent Assembly but they would remain and function as the members of Legislature Parliament until the next general election is held.
The Legislature consisted of 601 members. They were elected or nominated on 3 bases: FPTP (First Past the Post-240 members), PR (Proportional Representation-335 members), and Nomination (26 members).
Though composed of the same members, the legislature and Constituent Assembly would remain separate and function independently.

Federal Legislature Exercise: Questions and Answers | Social Studies Unit-5 Lesson-1