As Krishna Bahadur Mahara’s arrest, the post of the speaker is still vacant, Deputy Speaker Shiva Maya Tumbahamphe is planning to endorse some bills although legal terms and administrative ordinances are quiet about her authorization to do such.
Mahara, Former speaker had however to reveal five bills supported by the House of Representative while the budget gathering. Sources stated Deputy Speaker Tumbahamphe had requested for the five bills from the Bills Division of the Parliament Secretariat to send it to President Bidya Devi Bhandari for authentication.
Then speaker Mahara had approved the Forest Bill 2075 BS, Environment Conservation Bill 2075 BS, Passport Bill 2075 BS, Safeguard and Anti-Dumping and Countervailing Bill 2075 BS, and the Bill on Economic Work Plans and Financial Responsibility 2075 BS, and transferred them to the administrator for authentication.
Though, Mahara had decided to hold several other bills approved by parliament along with the Bill on the Operation, Supervision and Coordination of Nepal Police and Provincial Police 2075 BS, National Identity Card and Civil Registration Bill 2075 BS, Police Adjustment Bill 2075 BS, Land Related Bill (Eighth Amendment) 2075 BS, and Industrial Enterprise Bill 2075 BS.
Rule 135 (2) of the Parliamentary Regulations says that grasping she/he approves the bills passed by parliament the speaker should transfer them to the president for authentication. Thus, Article 113 (1) of the Constitution says that any bill is approved by the speaker following Rule 134 of the House of Representatives Regulations 2075 BS.
Still, there is no notice of providing the power of certification to the deputy speaker in the lack of the speaker.
Constitutional specialist Bhimarjun Acharya stated the core purposes of the speaker other than attending House connections are not transferred to the deputy speaker. “All necessary core functions have been designated for the speaker alone. If the deputy speaker starts certifying bills, this goes against the spirit of the existing provisions,” he stated.
Acharya more stated that the circumstance is the equivalent in the case of the powers of the administrator. “It is only the conduct of House business that the deputy speaker can engage in. The deputy speaker cannot conduct other core functions of the speaker,” he stated.
Article 94 (4) of the Constitution of Nepal declares that the deputy speaker shall, in the lack of the speaker, chair the House of Representatives. Although the deputy speaker is planning to approve the bills based on this corresponding provision, legal and constitutional authorities say this operates against the spirit of the constitution and parliamentary arrangements.
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