Kathmandu, September 9
A bill proposing that the Minister for Law, Justice and Parliamentary Affairs serve as the chairperson of the Nepal Law Commission has moved forward in the House of Representatives.
The bill to amend the Nepal Law Commission Act, 2006, was registered in the House of Representatives on August 13 and has now been taken forward by the lower house. On Wednesday, Minister for Law, Justice and Parliamentary Affairs Sobita Gautam is scheduled to present a proposal seeking permission to introduce the Nepal Law Commission (First Amendment) Bill, 2026.
Once permission is granted, the bill will be formally introduced in the House of Representatives. The bill will then proceed to discussions in the House.
If enacted, the proposed legislation will alter the current structure of the Nepal Law Commission. Under the existing law, the government appoints the chairperson from among former Supreme Court judges or individuals qualified to become Supreme Court judges.
The bill seeks to remove this provision and make the Minister for Law, Justice and Parliamentary Affairs the ex officio chairperson of the commission. This provision is included in Section 3 of the bill.
With the law minister serving as chairperson, the bill also seeks to establish clearer qualifications, duties and powers for the vice-chairperson and members.
Under the proposed bill, the vice-chairperson will be appointed by the Government of Nepal from among individuals who have either served in a special-class position after working in the field of legal drafting or have at least 20 years of professional experience in legal drafting.
Two members will be appointed by the government from among individuals with at least 15 years of experience in legal drafting. One additional member will be appointed from among individuals with at least 15 years of experience in teaching or research in the constitutional or legal fields.
The secretary of the Ministry of Law, Justice and Parliamentary Affairs will also serve as a member of the commission, while the commission’s secretary will serve as its member-secretary.
The commission will thus have seven members. The law minister will serve as chairperson, while the ministry secretary will serve as a member and the commission secretary as member-secretary.
The government will appoint the remaining four members: one vice-chairperson and three members.
The existing law defines a “member” of the Law Commission as including the chairperson, vice-chairperson, honorary members and member-secretary. The proposed bill removes the provision for honorary members altogether.
Under the new definition proposed by the bill, the term “member” will refer to the vice-chairperson, members and secretary of the commission.
