Law-Making Procedures and Implementation

Nepal's legislative process can be divided into three phases: pre-legislative, legislative, and post-
legislative. A brief explanation of these phases follows;
Pre-legislative phase
 This process includes policy identification, subject analysis, drafting, scrutiny, and other elements.
The drafting of a bill starts from the concerned ministry on the issues related to the Jurisdiction
determined by the Government of Nepal, when recognizing the necessity for a new law, the
relevant ministry engages in discussions with the Ministry of Law, outlining the proposed law's
purpose and components. If the law pertains to multiple ministries, their input is also collected.
Following consultations and opinions, the initiating ministry presents the bill to the Council of
Ministers to secure policy approval.

 If financial matters are needed, the consent of the Ministry of Finance is required. Similarly, the
consent of the Public Service Commission should be sought in case of legal arrangements being
made regarding the conditions of civil service. The consent of the Public Service Commission
should be sought on the basis of the decision of the Council of Ministers. Before making a
decision on presenting the bill in the Federal Parliament, the Council of Ministers can send it to
the Bill Committee of the Council of Ministers for discussion or decide on its own. After the bill is
principally approved by the Council of Ministers, there is an arrangement for the concerned
minister to send the bill to Parliament for registration. The bill thus received is registered with the
Federal Parliament Parliament Secretariat.
 Most of the bills are introduced by the executive body (these are also known as “government
bills”). These bills should be introduced in the Parliament by the respective ministers. Apart from
ministers, members of the Federal Parliament can also introduce bills. Such bills are called
“private bills.” The framework and process of law making should be followed even when
introducing a private bill.
Pre-legislative stage
• Policy identification and subject analysis
• Preparation and approval of bill bill
• Bill drafting
• Preparation of bill bill
• Approval of proposed bill
• Bill drafted
• Draft bill sent to the Ministry of Law
• Draft bill reviewed
• Presentation to the Bill Committee at the Council of Ministers
• Bill discussion and approval in the Council of Ministers

Legislative stage (private bill)

 Constitution's Part 9 covers bill introduction, approval, and withdrawal, authentication, and so on
of the bill. Any House can receive bills as per the constitution, except finance bills (HoRs only).
Government introduces finance and security-related bills for Nepal Army, Police, and APF as
government bills. The member wishing to present the bill should attach with the bill the details
including purpose and reason, financial and explanatory details, and delegated legislation.
 For private bills, a seven-day advance notice is needed for the Secretary General or Secretary.
Private bills are distributed to members within four days after registration. Presentation is possible
in any meeting after seven days of registration. Members opposing the bill must register dissent
in the HoRs one day before the billis tabled or within five days of bill distribution in the NA.
 The member wishing to present the bill should attach with the bill the details including purpose
and reason, financial and explanatory details, and delegated legislation. If a private bill is
introduced then, seven days in advance to the Secretary General of the Parliament or, in his or
her absence, to the Secretary. Private bills will be distributed to members within four days after
 registration. The bill can be presented at any meeting after seven days of registration. Members
who wish to give notice of dissent to the presentation of the bill must register in the HoRs one day
before the billis tabled and within five days of the date of distribution of the bill being registered
and distributed in the NA.

Legislative stage

The phase after the bill is registered in the Federal Parliament Secretariat is called the
legislative phase. This phase of law making can be understood as follows:
• Bill registered in Parliament
• Notice of Disagreement to the bill
• Decision of Notice of Disagreement
• Bill presented in the House
• Conceptual discussion of the bill
• Amendment to the bill
• Amendment approval
• Clause-by-clause discussion of the bill with amendments
• Clause-by-clause discussion of the bill in the House
• Clause-by-clause discussion of the bill in the committee
• Report of the committee with amendments presented and discussed in the House
• Bill approved by the House
• Bill forwarded to another House, then returned and approved
• Certification of the bill and authentication by the President

प्रस्ताव सम्बन्धी कार्यविधि1

 Topics can't be discussed in a meeting without a proposed motion, unless exceptions in the
Constitution or Rules apply. [Rule 61]
 Rules for bills: (1) Unacceptable bills include those: (a) Prohibited by Article 105 or contrary to
laws, (b) involve more than one subjects, (c) vague or uncertain, (d) containing false arguments
or objectionable content, (e) referring to private conduct, (f) criticized by House decisions, (g)
involving judicial bodies, (h) reiterating recent discussions, (i) using inappropriate language, (j)
breaching confidentiality on criminal, gender, discrimination issues, (k) affecting sensitive national
security, diplomatic matters by Council of Ministers' certification. The Speaker can allow a bill
limited to investigation procedure and progress if it won't harm the mentioned commission or
committee's work. [Rule62]
 The Speaker decides if an offer is acceptable, providing reasons for acceptance or rejection of
bills, whether in whole or part.[Rule63]
 Setting Discussion Schedule: (1) Speaker can determine bill discussion day and time, considering
House workload. (2) Discussion concludes within fixed time, unless Rules state otherwise.
Speaker seeks decision on main matter and related questions from the meeting.[Rule64]
 Bill Inactivity and Resubmission: (1) Bills not submitted become inactive. (2) Except as per Rules,
similar matters discussed or decided this session can't be resubmitted by motion. (3) If no current
session discussion, bill goes inactive. Member can request reinstatement, decided by Speaker.
[Rule65]

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 Discussion can't start early: Bills or amendments can't be introduced before the set time for topics
already on the agenda or fixed for discussion.[Rule66]
 Withdrawing Motion: (1) Proposers can withdraw secretariat-registered motions with Speaker
written permission. Meeting-submitted bills need meeting's approval to withdraw. If there's an
amendment, withdrawal waits for amendment decision. (2) If multiple members propose bills on
the same topic, the first registered or agreed bill is discussed.[Rule67]
 Notice of bill: The member who wants to submit a bill should give a written notice of the same to
the secretary.[Rule68]
 Motions without Notice: Speaker permission allows submitting certain motions without notice,
excluding controversial topics: (a) thanks vote, (b) meeting adjournment, (c) motion or
amendment withdrawal, (d) congratulations, (e) condolences, (f) adjourn discussion, (g) extend
discussion time, (h)extend meeting duration (j) special resolution.[Rule70]
 Urgent Public Bills:[rule71]
(1) Member gives notice of bill at least 2 hours before meeting, seconded by 2 members.
(2) Bill discussed as per sub-rule (1) notice, clearly stating reason.
(3) Speaker decides if sub-rule (1) subject is of public importance. If yes, bill approved.
Day and time set for discussion with relevant Minister.
(4) Maximum 2 hours set for discussion as per sub-rule (3).
(5) As per sub-rule (3) acceptance, proposer gives brief statement, followed by
discussion participation.
(6) The questions raised in the discussion will be answered by the concerned minister.

 Attention Motions: [Rule72]

(1) With Speaker's approval, members can register a bill to highlight public concerns to
the concerned minister.
(2) Minister can respond immediately or ask for time in the meeting or later.
(3) After Minister's answer in sub-rule (2), no further discussion, but up to three members
seeking clarification can ask and get answers.
(4) A member can bring attention once or twice in a meeting.
(5) Notice for attention motion must be given a day prior.
(6) If Speaker approves, up to two attention motions are placed on the agenda based on
registration order