Kathmandu
Sunday, November 9, 2025

Expertise dwindles as National Assembly becomes a shadow of HoR

November 9, 2025
14 MIN READ

Eight years in, the upper house remains unproductive and subservient to party leadership

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KATHMANDU: While the debate over the House of Representatives (HoR) election for March 5 continues, the Election Commission must conduct the National Assembly (NA) election beforehand. The term of 19 NA members elected in 2020 is ending in March. Out of the 19 individuals, one is nominated by the government. Therefore, the Commission must conduct elections for 18 members, excluding Bam Dev Gautam.

Following the Gen Z protest, the interim government led by Sushila Karki dissolved Parliament and announced elections. The dissolution of Parliament means only the House of Representatives, which is part of the Federal Parliament, is dissolved. The National Assembly, which the Constitution designates as perpetual, has not been dissolved.

The session of the National Assembly has been prorogued upon the recommendation of the Council of Ministers. Pressure remains to hold regular meetings of the four thematic committees within the Assembly.

With the House of Representatives dissolved, the National Assembly and its committees are the only forums to raise the voices and issues of the people.

Kamala Panta, Chairperson of the Committee on Development, Economic Affairs, and Good Governance, says, “The Committee must complete tasks, including passing reports. Therefore, it is necessary to hold regular meetings within the scope of our jurisdiction and fulfill parliamentary responsibilities.”

The House of the weak

It has been eight years since the formation of the National Assembly. However, the weak roles of the members of this upper house and the Assembly itself have tarnished its prestige. A presentation ridiculing their competence was evident in the meeting of July 13, 2023. Instead of a theoretical discussion on the e-commerce bill, even ministers, let alone the members, spoke solely about electricity trade. They failed to differentiate between electricity and trade conducted through electronic means.

Communist Party of Nepal (Unified Marxist–Leninist), abbreviated CPN (UML), Member of Parliament and former Minister of Federal Affairs and General Administration Bhagwati Neupane did not even understand what the bill was about then.

At the beginning of the discussion, she stated she was not negative about electricity trade and emphasized the need for sufficient electricity consumption in the country. Her argument was that industries and factories need electricity. Those industries and factories make a significant contribution to the country’s GDP and have created employment.

CPN (UML) Member of Parliament Tulasha Kumari Dahal read out her written statement. She said that the bill formed to regulate electricity trade and distribution was timely. Nonetheless, she suggested that it would be better if the bill were discussed in the Committee for Legislation Management to modify and strengthen it.

Next to speak was Jitendra Narayan Dev, an MP from the Nepali Congress now with CPN (UML). He thanked the government for introducing the bill and suggested that electricity consumption within Nepal should be increased. The then Minister of Industry, Commerce, and Supplies, Ramesh Rijal, responded to the questions raised during the theoretical discussion. He also spoke about electricity consumption and trade before leaving. Rijal was the minister when this bill was registered in the Assembly on June 27, 2023.

Shadow of the HoR

When the CPN (UML) split and the new party, CPN (Unified Socialist), was formed in August 2021, it immediately impacted Parliament. The UML obstructed the HoR, demanding the publication of a notice regarding the action taken against 14 MPs, including Madhav Kumar Nepal, who had joined the new party. UML MPs also demanded the resignation of the then Speaker Agni Prasad Sapkota for not taking action against the 14 members. This obstruction also affected the National Assembly.

The then main opposition, Nepali Congress, continuously obstructed the house immediately after the budget session began in the fiscal year 2024/2025, alleging the then Deputy Prime Minister and Home Minister Rabi Lamichhane was involved in the embezzlement of cooperative savings.

The National Assembly meeting could not convene until a special parliamentary investigation committee was formed.

The house saw obstruction again in the last week of March 2025. When the government dismissed Kulman Ghising (now Minister of Energy), the then Managing Director of the Nepal Electricity Authority, opposition parties protested in the house. The Parliament meeting could not convene for over a week. The opposition demanded a response from the government. The National Assembly meeting also could not proceed, citing the same situation. The then Prime Minister KP Sharma Oli addressed the National Assembly after some wrangling.

These few incidents show how the National Assembly has become a loyal shadow of the House of Representatives. Small incidents in the HoR immediately impact the upper house. NA members were unable to tell their party leaders that their existence was independent. Former MP Ramesh Jung Rayamajhi says, “The leadership of all parties has made the National Assembly a shadow of the House of Representatives.” He adds, “Once the honorable members, managed by their leaders, failed to assert their autonomous existence, the Assembly became weak.”

Scarcity of experts

The National Assembly is viewed as the house that represents intellectuals and experts. The rationale for this house is linked to the belief that individuals capable of studying bills deeply, maturing policy debates, and correcting hasty decisions made by the House of Representatives should be brought into the house. It is also believed that individuals with experience at the local and provincial levels should come to the NA, as members are elected by Provincial Assembly members, Rural Municipality chairpersons/vice-chairpersons, and Municipality mayors/deputy mayors.

This house of the Federal Parliament reflects the federal structure. When eight people are elected from each province, the concerns of the provinces can be incorporated into policy formulation. The representation of women, Dalits, persons with disabilities, and minority communities is mandatory. Because it incorporates marginalized and underrepresented groups into the state’s policy-making process, it promotes inclusivity.

Since members nominated by the President have expertise in various fields, it also ensures representation for individuals who cannot participate in elections but can contribute to the nation. However, practices contrary to these values are currently in place.

Constitutional expert Dr. Chandra Kant Gyawali argues that the National Assembly has not been able to function according to the constitutional spirit. He states that distinguished, experienced, and expert individuals have not been able to reach the National Assembly. Gyawali, who was involved in drafting the Constitution, says, “The Constitution describes the National Assembly as a mature, expert, and inclusive house, but that has not been realized in our context.”

Crowd of the defeated

Singh Bahadur Bishwokarma of Sindhupalchok became a National Assembly member in 2018. The candidate of the Left Alliance, he defeated his nearest rival, Hari Sharan Nepali of the Nepali Congress. Bishwokarma is the same person who failed to win the ward member post in ward 7 of Lisankhu Pakhar Rural Municipality in 2017.

CPN-UML’s Bhagwati Neupane was defeated for the mayor position of Bhanu Municipality, Tanahun, in 2017. Her defeat by Udaya Raj Gauli of the Nepali Congress opened the door to her national politics. She secured her parliamentary journey by defeating Bimala Gauchan of the Nepali Congress in the National Assembly election held in January 2020. Neupane, who served as the UML whip, successfully became the Minister of Federal Affairs and General Administration on July 16, 2025.

Bimala Ghimire, Vice Chairperson of the National Assembly, was defeated for the mayor position of Banganga Municipality, Kapilvastu, in 2017. She was defeated by Mangal Prasad Tharu of the Nepali Congress by a margin of 460 votes. Ghimire was a candidate from the UML. She also won the National Assembly election from the then Nepal Communist Party (NCP) in 2020. She became the vice chairperson on April 10, 2024.

Maoist Vice Chairperson Narayan Kaji Shrestha made the National Assembly his stage to save his political career. He was defeated by Baburam Bhattarai in the HoR election in Gorkha Constituency No. 2 in 2017. Although rejected by a direct popular vote, he has taken one of the most beneficial positions. Shrestha is a figure who gained benefits after reaching the National Assembly, serving as Deputy Prime Minister, Home Minister, and Foreign Minister.

Another leader who lost a direct election in 2017 is Bam Dev Gautam. The then UML Vice Chairperson Gautam was defeated by Nepali Congress leader Sanjay Gautam in Bardiya Constituency No. 1. However, the Council of Ministers meeting on September 14, 2020, decided to recommend him to the President as a National Assembly member. This secured his political management.

Jag Prasad Sharma was defeated in the Provincial Assembly election in Dang Constituency No. 3 (A) in 2017. He is also a National Assembly member. The Maoist candidate was defeated by Dilli Chaudhary of the Nepali Congress. He was also brought into the National Assembly through the influence of the then Nepal Communist Party (NCP).

Nepali Congress leader Krishna Prasad Sitaula was defeated in the 2022 election in Jhapa Constituency No. 3. He lost to Rastriya Prajatantra Party (RPP) President Rajendra Lingden, just as he did in 2017. Having worked as the Chairperson of the Drafting Committee during the constitution writing process, he was forced to stay out of parliamentary politics after being defeated in subsequent elections. Sitaula became a National Assembly member through the election held on January 25, 2024, when it became clear he had “no other recourse.” Although he was promised the National Assembly chairpersonship, he did not get that opportunity.

Puja Chaudhary, who became a National Assembly member from the Janata Samajbadi Party Nepal, is also a leader rejected by the direct popular vote. She was defeated by an independent candidate in Rautahat Constituency No. 3 (A) in 2022. The party, with the support of the coalition, made her a National Assembly member, bringing her into Parliament for six years.

These figures and trends show how the prestige of the National Assembly is being systematically destroyed. This house has become a venue for managing leaders, even those defeated for the position of ward member.

The Constitution established the National Assembly with a different interpretation than the House of Representatives, but the House has not been able to establish its identity according to the constitutional spirit.

Former MP Ramesh Jung Rayamajhi says the Assembly has not even attempted to maintain its distinct identity. He states, “The formation process of the National Assembly did not follow the constitutional concept. It appears to have become a center for managing party cadres.”

Former Supreme Court Justice Balaram KC opposes the trend of anointing failures and sending them to the National Assembly. He points out that while intellectual and mature individuals reach the House of Lords in the UK and the Senate in the US, in Nepal, those anointed by the leadership dominate the National Assembly

. KC says, “The kind of person who understands the parliamentary system, has intellectual knowledge, and whose capacity can guide Parliament to make good laws, and who does not want to keep fighting elections is that kind of person who should be placed there. Here, those who failed elsewhere and lost the HoR elections started arriving with the blessings of the leaders.”

Professor of Political Science Lok Raj Baral agrees with KC’s view. “Party leaders sought out and placed their own people, making the National Assembly a mere extension.”

Failed to become the ‘House of Review’

The National Assembly is also the ‘House of Review.’ This means the NA can amend any law passed by the lower house, the House of Representatives. The NA is also supposed to play a significant role in improving the quality of laws made by the HoR.

The Democracy Resource Center Nepal conducted a study on the legislative working procedure of the National Assembly in 2022. The study showed that the NA did not make significant changes or hold substantial discussions on bills passed by the HoR.

A similar lack of equal initiative from NA members was found in other bills necessary for state operation. The report states that some bills were passed that contradicted the spirit of federalism and catered to the interests of vested groups, despite the NA being a key body for implementing federalism.

The report states, “The main reasons for this are the lack of knowledge of legislative practice among National Assembly members, the lack of support and staff to complement research and expertise for bill discussions, and the lack of interest from the leadership in lawmaking.”

Article 110 (1) of the Constitution stipulates that a bill can be introduced in either house of the Federal Parliament. However, the provision states that finance bills can only be presented in the HoR. Article 111 clarifies the procedure for passing bills. Sub-article 1 states, “A bill passed by one house of the Federal Parliament shall be sent to the other house as soon as possible, and after it is passed by that house, it shall be presented to the President for authentication.”

Another sub-article mentions that the National Assembly must return a Finance Bill sent by the HoR within 15 days. If the NA sends suggestions on a finance bill, the HoR will only accept them if deemed appropriate. Article 111 (5) states that the NA must pass or return bills, excluding finance bills, within two months. It is clearly stated that if the NA does not return the bill within that timeframe, the HoR may present the bill to the President for authentication by a decision of the majority of the immediately existing members.

Sub-article 6 states, “If a bill, other than a Finance Bill, passed by one house is rejected or passed with amendments by the other house, it shall be returned to the house where it originated.”

Sub-article 7 states that if the NA returns a bill to the HoR with rejection or amendments, and the HoR re-passes the bill in its original form or with amendments by a majority of the immediately existing members, the bill shall be presented to the President for authentication. Former Justice KC says, “The National Assembly is the place to correct the mistakes made by the HoR. In the UK, if the House of Commons (lower house) makes a mistake, there is the House of Lords (upper house) to correct it. This is an essential structure, but the National Assembly is deemed guilty because we have failed to use it properly.”

Despite criticism and opposition, good work has also been done by the National Assembly. There are no instances of bills originating in this house being stuck for a long time. Bills sent by the HoR are also passed and sent back without hindrance.

The National Assembly has published various reports based on study and research. One important report concerns laws that should be made by the three tiers of government according to the Constitution. The National Assembly has determined that the Constitution will only become dynamic and operational if 180 laws are enacted immediately.

In addition, it has published important reports on topics such as the status of human-animal conflict in national parks, wildlife reserves, and buffer zone areas; a study on Nepal’s graduation from a least developed country to a developing country; and a study on the need for legal provisions concerning the rights and development of the Dalit community. NA members complain that the promotion of this work is minimal.

Former National Assembly member Parshu Ram Megi Gurung asserts that the prestige of the National Assembly is beginning to grow amidst criticism and various questions. Gurung, the former Chairperson of the Committee for Legislation Management, says, “It has not been stuck by taking as much time in drafting bills as the HoR does. The National Assembly has also corrected the HoR on many issues.” He adds, “When I myself study and research, I see the importance of the National Assembly increasing in terms of its activity and initiative.”

How National Assembly members are elected

With the urgency to hold the election within mid-February, Article 86 of the Constitution addresses the formation of the National Assembly and the tenure of its members. Accordingly, it is a permanent house. This Assembly has 59 members. Of these members, 56 are elected through the voting process. Eight people come from each province. Three individuals are nominated by the president upon the recommendation of the government.

The voters are the rural municipality chairpersons/vice-chairpersons, municipality mayors/deputy mayors, and provincial assembly members. Their vote weight is calculated. As per the schedule mentioned in the National Assembly Member Election Act, 2018, the vote weight of a Provincial Assembly member is 48, and the vote weight of a Rural Municipality chairperson/vice-chairperson and Municipality mayor/deputy mayor is 18.

The Constitution mandates that at least three women, one Dalit, and one person with a disability or minority individual must be selected as National Assembly members from each province. At least one of the three members nominated by the president must be a woman. The Constitution states, “The term of office of the members of the National Assembly shall be six years. The term of office of one-third of the members of the National Assembly shall terminate upon the expiration of every two years.”