CA member Adhikari suggests slashing delegated and discretionary rights

The Constituent Assembly member Radheshyam Adhikari has suggested the parliament to slash delegated and discretionary power.

Presenting his views as an expert during the meeting of the Delegated Management and Government Assurance Committee, CA member Adhikari suggested lawmakers to be serious on the delegated and discretionary rights on time. “The discretionary rights have been misused much which is reflected in our legal practice. Those with rights to be entitled cannot depend on those in authority to deliver who exercise discretionary rights. It does not suit democracy,” he reminded.

The discretionary right is against good governance. It can cause corruption, so its societal impact should be taken into consideration on time, Adhikari argued, adding that acts and laws should be amended to provide smooth public service delivery.
He further questioned the good governance practice in Nepal, saying it is sheer mockery of governance when a citizen/service seeker has to bribe public officials while paying tax. “Does a service seeker share a story of smooth works at public offices, or hurdles and hassles,” Adhikari, who is also the senior advocate, questioned in the meeting.

Adhikari opined that once a leader or lawmaker of any political party becomes a minister, his/her thought is changed so much that it is harmful. Similarly, the government officials too have a hurtful tendency of concentrating authority. “If the constitution is flouted while making a bill, it not only endangers good governance, but also takes hostage the entire system,” he warned, underscoring the need to internalize the letter and spirit of the constitution.

On the occasion, the senior advocate presented a working paper on theoretical and practical aspects of delegated legislation. Adhikari suggested the lawmakers to pay adequate attention to whether the government has prepared rule, bylaw, work procedure, directive and order as per delegated rights.

According to him, priority issues of federalism and proportional inclusion were shadowed because the laws to be made as per federal law were not brought.