Status of Delegated Legislations in Agriculture, Energy and Telecommunication Sector in Nepal

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Status of Delegated Legislations in Agriculture, Energy and Telecommunication Sector in Nepal

March 9, 2021

Although parliament is the supreme body of enacting laws, it cannot make all legislations itself due to various reasons. Hence, the parliament delegates some power of enacting legislations to the government or legally autonomous bodies as per need. Nevertheless, parliament is the only ultimate body which can check the principle aspects of the legislations formulated under the delegated power. Uncontrolled and unchecked application of the delegated legislations, however, violates the concept, norms and values of the rule of law. Thus, the parliament makes proper scrutiny of the delegated legislations as well. In this context, this publication, which is a study based report of agriculture, energy and telecommunication sector, incorporates current practices of delegated legislations, its status and experience in Nepal.

It analyzes whether the existing legislations in agriculture, energy and telecommunication sectors are formulated as per the principle, limitation, norms and authorization of the delegated legislations; analyzes the attempts taken for controlling delegated legislations and provides suggestions for the roles of the parliament, parliamentary committees, MPs and concerned stakeholders for the effective management and control of the delegated legislation in Nepal. This publication might be more useful to MPs of the Federal Parliament, Provincial Assemblies, parliamentary committees and their secretariats, government offices, the officials of the constitutional and autonomous bodies, experts, researchers, in particular and anyone who is interested to know about the status of delegated legislations in Nepal, in general. It is published by the Delegated Legislations and Government Assurance Committee of the National Assembly with technical support from UNDP's Parliament Support Project (PSP).