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KP Sharma
The government has faced difficulties in fulfilling some of its election promises due to its limited powers and the need to respect the laws of constitutional institutions, with some MPs calling for a radical change in the way promises are fulfilled – by invoking the concept of parliamentary supremacy.
Parliamentary sovereignty, also known as parliamentary supremacy or legislative supremacy, asserts that the legislature has absolute sovereignty over all other branches of government, including the executive and the judiciary.
This concept allows the legislature or parliament to amend or repeal any previous legislation. It is not bound by statutes. This means that the government can introduce bills into Parliament as bills for amendment and make changes if it has majority support.
The suggestion was made during a recent National Assembly session to discuss the government’s failure to fulfil its promise to regularise contract labour due to opposition from the Royal Public Service Commission (RCSC).
During a question and answer session in the Senate, the Prime Minister said that while he wanted to regularise all contract workers, his powers were limited and the Royal Commission on Work Injury Compensation had direct authority over such matters.
However, this is not the first time that the elected government has faced opposition from the RCSC.
The previous Druk Nyamrup Tshogpa government encountered similar problems when it promised to regularize contract workers in the Ministry of Education.
Despite a resolution passed by Parliament and numerous discussions with the RCSC, this promise could not be fulfilled due to the RCSC’s autonomy and regulations, which the elected government must respect.
Addressing the MPs and the Prime Minister, Jamyang Namgyel, a national committee member from Permagashel, said that since everyone recognised the issue of regularising contract labour, it was important to work together to resolve the issue.
Regularizing these employees would benefit the public, not the government, he said. “If a law is a hindrance to basic public services, then it is the duty of Parliament to amend it,” Jamyang Namgyel said.
He suggested that if amending the Act would bring wider benefits to the public, the government should exercise parliamentary supremacy. “Although it is not expressly provided for in the Constitution, Parliament is the highest authority to decide major issues,” he said.
Jayan Namgyel added that since the government is formed on the basis of majority votes, the prime minister should be able to amend the law in Parliament as he enjoys majority votes. “If the RCSC Act affects the public, the government can bring it up and propose amendments,” he said.
Responding to the suggestion by members of the National Congress Party, Prime Minister Tshering Tokyi said if MPs felt the bill needed to be amended, they had the right to do so but should think broadly.
“On one hand, constitutional institutions are endowed with certain powers and autonomy and it would be unwise for the government to choose to amend those provisions to its own advantage,” Leonghen said.
Mr Leonghen warned that while a review of the bill could benefit the public, it would require careful consideration before any decision was made.
Leonghen added: “Laws are changed by Parliament and if the law is not beneficial to the public, it is our duty to change it.”
He, however, urged members to consider the present and the future before taking such decisions, stressing that all institutions, whether constitutional or autonomous, work for the welfare of the country and citizens and not for personal gain.
One former MP, in an interview with Kuhnsel, expressed his concern that while adopting the concept of parliamentary supremacy might help the ruling government deliver on its promises, the move could set a dangerous precedent.
He warned that the politicization of constitutional institutions could have serious long-term consequences for democracy.
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