KATHMANDU, Oct 19: Following promulgation of the new constitution, the Ministry of Law and Justice has started the process of drafting new laws for its implementation. Likewise, the ministry has also started the process of amending existing laws to bring them in line with the new statute.
Law and Justice Minister Agni Kharel, organizing a press meet on Sunday, said that the ministry will prioritize the most-urgently needed new laws and draft these with the help of the Law Commission.
As per a study by the ministry, 110 new federal laws, 22 provincial laws and six new laws on local governance need to be drafted and promulgated for the smooth operation of the new constitution.
Likewise, around 315 existing laws need to be revised and amended to bring them in line with the new dispensation.
According to Kharel, the ministry has already formed a committee led by the secretary at the ministry, Bhesraj Sharma, to prioritize the laws to be drafted and to coordinate and monitor the overall drafting process. The committee includes a joint registrar from the Supreme Court, a deputy attorney general, a joint secretary at the Office of Prime Minister and Council of Ministers, a joint secretary at the Law Commission and a joint secretary from the ministry.
The committee will finalize which law falls under the jurisdiction of which ministry and support the concerned ministry in drafting and amending the laws. Other laws as well as laws related to the judicial service are to be drafted by the ministry itself.
The new constitution envisages amendment of the existing laws within a year from the first meeting of the federal parliament. Otherwise, the clauses in laws that contradict the new constitution will automatically become invalid.
At the same time, at least 110 new federal laws need to be drafted for the smooth execution of the new constitution. Around 23 laws need to be drafted to ensure the fundamental rights mentioned in the constitution while four laws should be drafted to meet the constitutional provisions on citizenship.
Likewise, seven laws on the distribution and excercise of state powers, 13 laws on the perks and facilities for those holding major public posts, eight related to the federal parliament, five on the financial system of the federation, 12 on electoral system and nine laws on judicial service need to be drafted.
"We'll first focus on some federal laws as well as laws on local governance. Drafting provincial laws will take time since it will be some time before the formation of the provinces," said Minister Kharel.
Published on: My Republica (Oct 19,2015)