The Legislative Management Committee of National Assembly has explained policy decision pointing that all Cabinet decisions are not policy decisions.
The committee has explained policy decision in the amendment of CIAA Act. The constitutional anti-graft body cannot investigate policy decision by the Cabinet and lodge corruption cases. It has been interpreting all Cabinet decisions as policy decision and refusing to investigate even controversial Cabinet decisions.
It had exempted former prime ministers Baburam Bhattarai and Madhav Kumar Nepal in the Baluwatar land grab citing their Cabinet took policy decisions. The case demanding action against them is still sub judice in the Supreme Court.
"Any decision that does not apply equally on all commoners, made against any publicly declared policy and applicable only to a particular individual or private institution cannot be considered policy decision," the committee has explained.
It has also explained that decisions about public procurement apart from those in accordance to the prevailing laws about public procurement will also not be considered policy decision. It has added that any decision taken by the Cabinet infringing on the jurisdiction of any body or official also cannot be considered policy decision.
Constitutional experts have called the CIAA interpretation of Cabinet decisions to facilitate Baluwatar land grab as policy decisions laughable while parliamentary committees have also raised questions about the decision by the then Pushpa Kamal Dahal Cabinet to hand over the Budhi Gandaki Hydropower Project to China Gezhouba Group Corporation (CGGC) without competition.
The report including the explanation by the Legislative Committee will be submitted in the National Assembly on Tuesday. The bill for amendment of CIAA Act will be taken to the House of Representatives (HoR) after it is passed by the National Assembly. The act will be amended if it is passed by the HoR as well.
The amendment also proposes that the CIAA can monitor the private sector and the banking sector inviting widespread criticism from the private sector and entrepreneurs.
