Introduction: Law Making Process in Nepal

The law-making process in Nepal is the formal sequence of actions through which a proposal is transformed into a legally binding statute. It encompasses everything from the initial conceptualization and drafting to the final approval by the legislature and authentication by the President.

1. Legislative Drafting

Legislative drafting is the specialized process of constructing the text of a law.

• Nature of Drafting: It is considered more of an “art” than a science and should be written in plain language using short, clear sentences to avoid legal jargon.
  
• Institutional Framework: In Nepal, the Ministry of Law, Justice, and Parliamentary Affairs bears the primary responsibility for drafting Acts, Regulations, and Rules.
  
• Nepal Law Commission: Established in 1953, this body conducts research, drafts new legislation with explanatory notes, and reviews prevailing laws to ensure they meet modern needs and treaty obligations.
  

2. Types of Bills and Initiation

A “Bill” is a draft of a proposed law presented for approval.

• Government Bills: These are introduced by ministers on behalf of the government. In Nepal, certain bills—specifically Money Bills and those concerning security forces—must be introduced only as Government Bills.
• Non-Government (Private) Bills: Any member of the parliament who is not a minister can introduce these bills.
• Common Law Influence: Nepal follows the Common Law System for its legislative practices.
  

3. The Enactment Process

The process of enacting a law by the legislature generally involves several stages:

• First Reading: The bill is introduced and its general principles are discussed.
• Second Reading: A detailed discussion takes place, often involving a review by a relevant parliamentary committee.
• Third Reading: The bill is put to a final vote for approval or rejection.
• Bicameral Approval: For federal laws, the bill must be passed by both the House of Representatives and the National Assembly.
• Authentication: Once passed by both houses, the bill is sent to the President for authentication, at which point it officially becomes an Act.

4. Delegated Legislation

Beyond Acts passed by the parliament, the executive branch exercises delegated power to formulate:

• Rules and Regulations: Detailed provisions required to implement the broader objectives of an Act.
  
• Orders and Guidelines: Administrative instructions used to manage specific government functions.
  

5. Post-Legislative Scrutiny

Modern law-making in Nepal also incorporates the evaluation of laws after they have been implemented.

• Purpose: To determine if the Act has met its intended policy objectives and if it has had any unintended adverse impacts.
• Focus Areas: It examines how courts have interpreted the law and whether the legal provisions align with Democratic Values, Inclusion, and the Rule of Law.