The government has registered a bill in the House of Representatives to amend the Nepal Law Commission Act, proposing that the law minister also serve as chairperson of the Nepal Law Commission.
Under the existing law, the commission’s chairperson must be a person qualified to hold a position equivalent to that of a Supreme Court justice. However, the bill registered by Law, Justice, and Parliamentary Affairs Minister Sobita Gautam proposes that the law minister themselves serve as the chairperson.
For the vice-chairperson, the bill proposes appointing a person who has previously served in a special-class government position or has 20 years of experience in the field of law drafting.
Questions have already been raised about the proposed qualifications for the vice-chairperson following the registration of the bill.
People with knowledge of the matter have accused the government of drafting the bill specifically to facilitate the appointment of a retired law secretary as vice-chairperson.
They argue that the requirement of 20 years of experience in law drafting is difficult for anyone other than a former secretary to meet, effectively limiting the position to former law secretaries.
The new bill also removes provisions under which the law secretary at the Prime Minister’s Office and the Office of the Attorney General are members of the commission.
Under the current law, the chief justice of the Supreme Court administers the oath to the commission’s chairperson.
The existing law also provides that the chairperson and vice-chairperson can be removed by a majority decision of the House of Representatives’ Law, Justice, and Human Rights Committee citing failure to fulfill their responsibilities.
The new bill appears to seek to transform the commission from an autonomous body and think tank into a department under the ministry. The government, however, says it intends to develop the commission into a *“center of excellence.”
The bill proposes that the vice-chairperson and members receive salaries and benefits equivalent to those provided to officials of constitutional commissions.
Under the existing law, the commission can advise the government on incorporating provisions of international treaties and agreements signed by Nepal into existing laws as necessary. However, with the law minister serving as the commission’s chairperson, critics argue that this could create a situation in which the commission effectively advises itself.
The government’s bill also proposes expanding the commission’s functions, duties, and powers.
Among the proposed new powers, the commission would study whether Nepal should become a party to an international treaty and, if it determines that Nepal should join, recommend this to the government.
The bill also proposes requiring the commission to send draft legislation to provincial and local governments within 90 days if they request assistance in drafting laws.
The commission would additionally be tasked with drafting model legislation for provincial and local governments to be developed by the federal government.
