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Unit 3: Drafting Process of Bills
3.1 Need for Drafting a Bill
A bill begins with a recognized need: a policy gap, a court decision exposing a defect, a treaty obligation, an obsolete Act, or an emergency. The sponsoring ministry frames the proposal: the problem, the objective, the options (including non-legislative options), and the recommendation. No draft without a decided policy — drafting is not the place to discover what the government wants.
3.2 Drafting Process and Coordination between Different Agencies and Stakeholders
Nepal’s bill pipeline (in the ordinary course):
- Sponsoring ministry — prepares the proposal/concept paper and obtains policy approval.
- Nepal Law Commission / Ministry of Law, Justice and Parliamentary Affairs — the drafting custodians: the instruction is examined, the draft prepared, and legalvetting performed.
- Consultation — line ministries, provinces (where concurrent or their interests), and stakeholders: the bar, academia, civil society, and the affected sectors. Pre-legislative scrutiny improves text and legitimacy.
- Cabinet approval — the government’s collective decision to introduce the bill.
- Introduction in Parliament (Article 110: either House; finance bills only in the House of Representatives) — registration, publication, and first reading.
- Committee stage — clause-by-clause scrutiny in the parliamentary committee.
- Passage — by the Constitution’s majorities (Article 111), including the House of Representatives-National Assembly procedures and joint sitting where the deadlock rules so provide.
- Certification by the President within 15 days (Article 113), with the one-time return possibility; then gazette publication — the Act is born.
| Actor | Contribution |
|---|---|
| Sponsoring ministry |
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