NEPAL LAW COMMISSION: Legal Archive

At a time when the country has been passing through political transition while trying to write the new constitution, Nepal Law Commission is supporting the process by updating and reviewing the existing laws

May 9, 2014, 5:45 p.m. Published in Magazine Issue: Vol: 07 No. -21 May. 9- 2014 (Baishakh 26, 2071)

As Nepal is in the process of transformation in every aspect of life, Nepal Law Commission has been supporting the government by working side by side with it. It has been providing the much needed support in the process of drafting and reviewing the laws.

Along with this, Nepal Law Commission is also hosting a legal website with hundreds of Nepal’s legal documents including constitutions, laws, regulations and orders produced in different periods of time. It helps people living in different parts of the world to know about Nepal’s overall development in the legal sector.

“It is now obvious that law plays a pivotal role in the development process of Nepal. The legal reform and its content must be confirmed with the country's needs. Considering the major political shift in Nepal, the Commission has had an essential role in guiding and legitimizing the process of change. Nepal still needs to move strategically and there is an ample area wherein establishment of rule of law is essential. In the absence of law it is just impossible to create a climate of stability and predictability. Only the rule of law can provide credibility to commitments on the part of the Government of Nepal, and reliability and enforceability to applicable rules. The Commission, now therefore, has the lead role to play in order to prove how law may be utilized to achieve economic revival and sustainable development in the country,” said Rajendra Kumar Chhetri, secretary of Nepal Law Commission.

Nepal Law Commission, being a statutory body, is established under Nepal Law Commission Act, 2063. It is a non-departmental public body which gives it a degree of autonomy; nonetheless it is a part of the family of the Government of Nepal.

The Commission is responsible to take the lead on legal drafting of the sectoral legislations of the government line ministries and departments in order to make coherent and principle-based laws to have confidence in the integrity of our legal system. The prime objective of the Commission is to improve the quality, relevance and effectiveness of Nepalese law. The Commission believes that an interesting way to begin with is to collect and consider views and priorities from all stakeholders affected.

“The Commission has been given explicit mandate for its required functioning as a permanent law making body. The principal statutory functions of the Commission under Section 10 of the Nepal Law Commission Act, 2063, among others, are to: initiate proposals for the review, reform or development of any aspect of law in a systematic way; initiate, sponsor and carry out studies and research for the development and reform of laws together with contemporary issues of justice; conduct and initiate public debate and consultation in the law reform process; give priority and focus in setting and applying standards for quality legislation; advise and assist government departments for review, reform and development of sect oral legislations;  undertake to consolidate areas of law and integrate statutory laws;  suggest the government for the inclusion of covenants of international treaties and agreements, on which Nepal is a party; recommend and advise the government for development and reform of laws; provide and submit certain draft legislations along with explanatory notes before the government; and deliver its annual progress report to the Government of Nepal within sixty days of the expiry of every fiscal year,” said Chhetri, secretary of the Commission.

Although, the Commission has no specific statutory obligation to collect and disseminate information on Nepalese laws; nevertheless, it took a proactive role to make available the free access on Nepalese laws to the general public through its website: www.lawcommission.gov.np. Older reports and consultation papers are also available through the Commission's Documentation Centre or can be supplied electronically on request. The Commission is now working to make its website more secure and reliable. For this purpose, the Commission is giving priority to upgrade, update and to make its website interactive and readers friendly. The Commission encourages comments and responses from the readers in making the changes.

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