Social Studies Note for Grade X (Legislature -Unit- 5)

Social Studies Note for Grade X

Unit- 5 (Civic Awareness)

Lesson-1

Legislature

Democratic system is based on the principle of separation of powers. In Nepal, national powers are divided into three organs; Legislature, Executive, and Judiciary.
Legislature:

a.    Legislate means to make laws.

b.    Legislature is lawmaking body. It is also called the parliament. It is called by different names in different countries: National People's Assembly in China, Congress in the USA, Diet in Japan, Majilis-e-Shoora in Pakistan, etc.

c.    Legislature is a comprehensive representative assembly of elected members by the people's vote directly or indirectly.

d.    It is either Unicameral; having a house or is bicameral; having two houses.

a.    In federal Nepal, legislative power has been divided into three levels of government: national (federal) state (provincial) and local. 

Federal Legislature:

a.    Federal legislature is bicameral: National Assembly and House of Representative.

b.    The members of House of Representative are elected from mixed election process. Out of 275 members 165 members are elected through First-Past-the—Post system and 110 members through proportionate election system for 5 years.

c.    The total member of national assembly is 59. Out of them, 56 members are elected by the electoral college consisting of state assembly members, chairperson and vice chairperson of village council, mayors and deputy mayors of municipal council with at least 3 women, 1 dalit and 1 person with disability or minority total 8 members from every province. And remaining 3 members including at least a female are appointed by prime minister on the recommendation of Government.

d.    This is permanent house and the tenure of every member of the National Assembly is years. Every two years one third members are replaced by new members. House does not remain vacant at once so it is called permanent house.

e.    A person of 25 years age is required for House of representative and 35 years for National assembly.

House of Representatives

a.    The members are elected by the people's vote in election throughout the county.

b.    Two types of electoral system; FPTP (First- Past- the- Post) 165 representatives and Proportional electoral system 110 members are elected.

c.    The tenure of the members is 5 years and all old members are replaced at once from the general election.

d.    Either speaker or deputy speaker must be female and both of them should from different political party.

e.    One third of the total members should be female.

National Assembly

a.    The members of National Assembly are elected by the Electoral College from every province.

b.    8 members from each province and 3 members, including one female, are appointed from president, in total 59 members are elected.

c.    The tenure is 6 years and in every two years one third members are replaced by new candidates. So, it is also called permanent house.

d.    The electoral college consists of provincial members, chair persons, vice chairpersons of Village Council and Mayor and Deputy Mayor of Municipality on the basis of weightage system, 8 members, including at least 3 female one minority or disable group.

e.    Either the chair person or Vice chair- person of National assembly should be female.

Provincial Legislature

a.    It is unicameral.

b.    In part 14 of the constitution there is provision about provincial legislature.

c.    Members equal to double the number of members to be elected through the F-P-T-P electoral system to the House of Representatives from the direct election system and making this number equivalent to 60% other 40 % members are elected from proportional basis.

Functions of Legislature
Law making and amendment function

a.    It makes law according to the will of the people.

b.    A bill is introduced, discussed and passed in legislature.

c.    A bill - also called a raw law- is tabled in legislature and discussed it through different committees. After discussion it can be modified, corrected or changed.

d.    When the bill passed from both houses it becomes law. When the president seals on the law it goes for implementation through declaration of executive body.

e.    According to the change of time, law also needs to amend. When two third majority of both houses support, law can be changed.

f.     When majority of legislature members supported for the bill it is passed as law but two third members approval is needed for the amendment.

Financial functions          

a.    The finance minister prepares the annual budget and it is passed by legislature.

b.    Government cannot spend money, collect and increase tax without the approval of legislature.

c.    A national budget is approved by the federal legislature.

d.    Due to its control over finance, legislative is also called the 'guardian of state revenue'.

e.    This power of legislature in finance is to establish the right of people on revenue.

Administrative functions

a.    The prime minister and council of ministers are appointed from the members of House of Representatives.

b.    The members of legislature control over the council of Ministers by asking questions forwarding the proposal to draw the attention and criticizing its functioning and decision,

c.    The prime minister and minsters are accountable to the legislature for their policies and acts.

d.    One fourth of the total member of the then members of House of Representatives may table a motion of no confidence against the PM and force him/her to resign, if he/she is found involving in unlawful act.

Judiciary functions

a.    The Chief Justice, justices or member of Judicial council show incompetence or serious misconduct the legislature can depose him/her by passing an impeachment against them.