July 07, Kathmandu.
Which is the main opposition party in the National Assembly now? One issue is that the Nepali Congress is the main opposition party and the other is that the CPN-Maoist is the main opposition party.
Currently, there are seven Nepali Congress MPs in the National Assembly. The Maoist Centre has 13 MPs. The ruling CPN (UML) is the largest party in the National Assembly. UML has 30 MPs.
The National Assembly Rules 2075 envisages a single federal parliamentary party in the federal parliament and the leader of the parliamentary party of the party concerned will appoint the party leader in the national assembly. According to this, the largest party in the House of Representatives is the Nepali Congress after the UML. Therefore, naturally, Congress claims to be the main opposition party in the National Assembly.
The definition section of the National Assembly Rules states, "Leader of the Opposition shall be a member nominated by the Leader of the Opposition in the House of Representatives as the Leader of the Opposition in the National Assembly."
According to the same provision of the National Assembly Rules, Nepali Congress Parliamentary Party leader Sher Bahadur Deuba has appointed Leader of the Opposition Radheshyam Adhikari in the National Assembly. As the leader of the UML parliamentary party, KP Sharma Oli has appointed Suman Pyakurel as the party's leader in the National Assembly.
However, there is a different provision in the Service Facility Act 2073 of the Federal Parliament. The Act provides that the second party in the National Assembly will be the main opposition party. Accordingly, it is natural for the UCPN (M) to claim to have 13 MPs as the Leader of the Opposition.
Article 2 (e) of the Service Facilities for Federal Parliament Officers Act mentions five different situations regarding who will be the opposition party in the National Assembly. Where a person is the Leader of the Opposition, if for some reason another party becomes the second in the National Assembly, the same party is said to be the Leader of the Opposition.
First, the party with the largest number of members in the House of Representatives or the National Assembly with ten percent or more members, other than the party forming the Council of Ministers or supporting the formation of the Council of Ministers.
Second, if there is an equal membership of more than one party with ten percent or more members in the House of Representatives or the National Assembly, one of the parties recognized by them based on mutual consent,
Thirdly, if there is no mutual agreement in case of equal membership, the party with the written consent of most members of the House of Representatives or the National Assembly except the party supporting the formation of the Council of Ministers or supporting the formation of the Council of Ministers.
Fourthly, if there is no written approval or any party other than the party forming the Council of Ministers or supporting the formation of the Council of Ministers or any party having ten percent or more members in the House of Representatives or National Assembly, the party nominated by the Speaker or Chairperson for the House of Representatives or National Assembly.
Fifth, if a person becomes the Leader of the Opposition and for some reason reaches the House of Representatives or the National Assembly with more than ten percent of the members, then the party with the largest number of members becomes such a party.
At present, the situation of the National Assembly is similar to the fifth situation. When the Communist Party of Nepal (CPN) was in power, Congress was the main opposition party. Accordingly, Radheshyam Adhikari from the Congress became the Leader of the Opposition. However, after the dissolution of the CPN-UML and the UCPN (M) from the Supreme Court on 23 February 2077, the UCPN (M) has 13 MPs and the Nepali Congress has seven MPs.
Currently, the Congress is the main opposition
The parties in the National Assembly are in legal consultation on who will be the opposition party in the National Assembly.
However, it has been agreed to accept Radheshyam Adhikari, who is currently the Leader of the Opposition. Secretary of the National Assembly Rajendra Phuyal informed that the management was done accordingly. "It's a matter of political parties. They have said that the Congress is the main opposition party and this has been done accordingly, 'said Phuyal.
National Assembly Member Ram Narayan Bidari asked what happens when different parties are second in the National Assembly and the House of Representatives? He said that the issue is yet to be resolved. "Until further notice, it has been agreed that the Congress leader will be the Leader of the Opposition. However, we are still discussing, 'said leader Bidari.
To resolve this dispute, the conflicting provisions have to be amended to make it the same. However, as the House of Representatives is currently in a state of disintegration, immediate amendment of the Act is not possible.
As the National Assembly is in session, the National Assembly Rules may be amended. However, amending the rules will not solve the problem now. According to the rules, the main opposition party in the House of Representatives is also the main opposition party in the National Assembly.
To make both the arrangements the same, the law on service facilities for the office bearers of the federal parliament has to be amended. An amendment bill should be brought to amend the Act. Which will be implemented in the form of law only after it is passed by both the Houses (National Assembly and House of Representatives).
