The Role of Provincial Assemblies in the Absence of the House of Representatives

The Role of Provincial Assemblies in the Absence of the House of Representatives

Dr. Khimlal Devkota

Member of the Constituent Assembly and Senior Advocate

Introduction

The federal structure of Nepal, as presented by the Constitution of Nepal, established a three-tier system of government: federal, provincial and local. Each tier is constitutionally endowed with legislative, executive and fiscal powers. The bicameral federal legislature, consisting of the House of Representatives and the National Assembly, represents the central legislative body. However, political instability and the frequent dissolution of the House of Representatives have created a vacuum of legislative institutions at the federal level. In such a period, the role of provincial assemblies is important in maintaining the continuity of governance, legislative balance and democratic accountability within the federal framework.

This article explores and discusses the role and moral responsibilities of provincial assemblies in the absence of the House of Representatives in Nepal, including their functions, duties and powers. The exploration and discussion focus on constitutional provisions, intergovernmental coordination and comparative democratic practices. This article argues that provincial assemblies can play both a substitute and a complementary role in preserving democratic momentum and ensuring the efficiency of governance in a federal system.

1. Constitutional Mandate of Provincial Assemblies

Articles 175-195 of the Constitution of Nepal clearly define the formation, powers and functions of provincial assemblies. Each province is established as a unicameral legislative body that exercises the provincial powers listed in Schedule 6, and shares common powers with the Union under Schedule 7. Provincial assemblies are vested with the power to make laws within their constitutional jurisdiction, supervise the work of the provincial executive, approve the provincial budget, maintain checks and balances between the executive and the administration, and represent the interests of citizens at the provincial level. In the absence of the House of Representatives, these functions assume additional moral and political significance as they remain the most active legislative institution directly representing the people.

2. Filling the Democratic Void

When the House of Representatives is dissolved or inoperative, the absence of a directly elected federal legislature creates a vacuum in legislative deliberation, democratic debate and political monitoring, oversight and oversight. Although limited by jurisdiction, provincial assemblies can fill this void in the following ways:

2.1. Strengthening provincial governance:

Provincial assemblies should intensify legislative activity on provincial matters such as education, health, agriculture and local infrastructure so that governance remains people-centric. This prevents a vacuum in democratic processes at the provincial level.

2.2. Ensuring continuity of accountability:

When the federal legislature is inactive, the mechanisms for seeking accountability at the center are weakened. Provincial assemblies can demonstrate democratic vigilance by holding their officials accountable through question-and-answer sessions, special committees and public hearings.

2.3. Public confidence in federalism:

In the absence of a federal legislature, the active work of provincial assemblies strengthens public confidence in Nepal’s federal system, demonstrating that democracy is not a hostage to central instability.

2.3. Legislative innovation and policy continuity

Provincial assemblies can use this period as an opportunity for innovation in the legislative process. They can introduce and refine laws that address provincial needs within constitutional boundaries, such as provincial civil service, education policy, health standards, land management, or tourism promotion. In addition, provincial assemblies can coordinate with local governments to ensure policy continuity and service delivery. Through the Provincial Coordination Council, assemblies can align development priorities, avoid duplication, and ensure that local voices are represented in provincial legislation.

2.4. Promoting cooperative federalism

The absence of a House of Representatives may add to the challenge to the principle of cooperative federalism. However, provincial assemblies can act as a bridge, for example by facilitating dialogue with the provinces and the National Assembly; advocating for fiscal transfers and intergovernmental coordination through the National Natural Resources and Fiscal Commission; and passing resolutions urging the federal government to ensure regular service delivery. Provincial assemblies can also take collective initiatives through inter-provincial forums, policy dialogues, and conferences to maintain coherence in the federal system. Such actions reflect a mature federalist ethos, which helps avoid constitutional vacuums.

2.5. Oversight and Monitoring of the Executive Power

In times of federal-level oversight, the risk of executive panic increases. Provincial assemblies should therefore enhance their oversight, monitoring and oversight. This can be done through parliamentary committees; public accounts committees that audit provincial spending; question-and-answer sessions and interpellation motions to ensure ministerial accountability; and debates on policy statements and performance reports. By ensuring transparency at the provincial level, assemblies contribute to a culture of accountability that can influence national governance once the federal legislature resumes.

2.6. Fiscal Responsibility

Fiscal federalism is central to Nepal’s new constitutional order. In times of federal instability, fiscal transfers and conditional grants are at risk of being delayed. Provincial assemblies can play a role in meeting this challenge by implementing provincial revenue laws within constitutional limits, monitoring the use of conditional and matching grants, promoting local tax coordination with local governments, and encouraging efficient financial management and reporting mechanisms. Through budget debates and financial reviews, provincial assemblies can maintain fiscal discipline, which will be crucial to ensuring smooth service delivery to citizens.

2.7. Strengthening local governance relationships

     Local governments are the closest to citizens, and provincial assemblies serve as the legislative link between local and federal governance. In the absence of the House of Representatives, assemblies can engage with local assemblies to promote downward accountability, coordinate developmental and social policies across districts, and facilitate legal clarity where local and provincial mandates overlap; and serve as a platform for conflict resolution in intergovernmental disputes. This vertical coordination ensures that federal instability does not disrupt local governance or development priorities.

3.           Moral and political leadership

Provincial assemblies are not just legislative institutions but symbolic guardians of democracy. Their conduct in the absence of the House of Representatives exemplifies institutional resilience. Provincial leaders, ministers and assembly members should be able to uphold constitutional values, promote inclusiveness, and resist partisan tendencies that may reflect central instability. This moral leadership is necessary to empower provincial assemblies to promote unity, transparency and evidence-based policymaking, while strengthening trust in federal democracy.

4.           Comparative perspectives

The federal experiences of countries such as India, Germany and Ethiopia have shown that provincial legislatures have played an active role in times of national crisis. In India, state assemblies continued the general legislative work during the dissolution of the Lok Sabha, ensuring federal functionality. In Germany, the Länder (state parliaments) coordinate through the Bundesrat to maintain legislative continuity and national stability. Similarly, regional councils in Ethiopia have been able to play a significant role in maintaining governance during times of federal political turmoil. These examples show that active regional legislatures can safeguard democratic governance even when the central legislature is inactive. Nepal’s regional assemblies should learn from these models to maintain constitutional integrity and federalism.

5.           Challenges and Limitations

Despite their potential, regional assemblies face many challenges. For example, reliance on federal law for shared powers; insufficient institutional capacity and weak research support, financial dependence on the federal government; and political centralization, where regional party decisions are dictated by the national leadership. These constraints need to be addressed through legal reform, institutional strengthening, and empowerment of regional secretariat and committee systems.

6.           Conclusion

In Nepal’s evolving federal democracy, it is the constitutional and moral duty of the provincial assemblies to maintain legislative governance and public confidence during the period when the House of Representatives is dissolved. By effectively discharging their legislative, fiscal, and oversight duties, they can maintain democratic momentum and ensure that federalism remains functional and credible. The absence of the House of Representatives should not allow Nepal’s democratic system to fall into a vacuum; rather, it should inspire provincial assemblies and institutions to demonstrate maturity, resilience, and innovation. Active provincial assemblies, guided by constitutional values ​​and a spirit of cooperative federalism, can thus serve as a pillar of stability and a pillar of democratic continuity in times of political uncertainty.