In case of Prime minister
- If prime minister tenders written resignation to the president
- If failing to get vote of confidence in parliament
- If s/he ceases to be Member of Parliament.
- If s/he dies.
In case of Ministers
- If s/he tenders written resignation to the prime Minister
- If the prime minister removes minister from the post.
- If s/he dies
Functions of Executives
- To conduct daily administrative activities
- To maintain peace and harmony in the country
- Conduct different developmental activities of the country
- Appointment of different officials and of the constituent organs etc.
- The function related to defense and army
- To protect the national unity and territorial integrity
- To maintain the interrelations etc.
Federal Legislature
- According to constitution there is a legislature called federal parliament which is consisting of two houses house of representative(165 FPTP) + PR 110 =275 ) and National Assembly (56 Electe+3 Nominated =59 Members).
- Generally the term of house of representative will be years and National assembly is the permanent house.
Qualification for Members
- The persons who meet the following qualifications will be eligible to be the member of Parliament
- Citizen of Nepal
- The Completion of age 25 for the member of house of representative and 35 to the members of National Assembly
- Should not be punished for the criminal offence involving moral turpitude (morally degraded)
- Should be eligible under any law
- Should not hold the post benefit
Vacation of seats
- Seat of parliament member will be vacant in the following circumstances
- If the members of parliament tenders written resignation to the speaker or chairperson.
- If the member of the parliament does not meet the above qualification
- If his/her term of office expires
- If he or she remains absent from ten consecutive meetings without notification to the house
- If he or she dies.
Functions of Parliament
- Legislative function: which includes law making, amendment of the law etc.
- Control over executive
- Financial functions: To pass the fiscal bill
- Constitution amending functions by two third majority
- Electoral functions
- Miscellaneous functions
Judiciary
- Judicial administration is another administration in Nepal.
- According to the constitution all the judicial functions and power are exercised by the courts and other judicial institutions
- Judiciary in Nepal is divided into three layers: Supreme Court, High court and District Court.
Supreme Court
According to the constitution there is a supreme court in Nepal. It is the court of record. It has final power and in accordance with constitution all other courts and judicial institutions shall remain under the Supreme Court.
Appointment and Qualification of chief Justices and Other justices in Supreme Court
- In addition to Chief justice, Supreme Court shall be maximum of 20 justices. In case of inadequacy of justices, other temporary Judges may be appointed.
- President appoints the chief justice on the recommendation of the constitutional council and justices of Supreme Court on the recommendation of judicial council.
- Any Judge who has the at least 3 years’ experience in Supreme Court is eligible to be a chief justice. But the he or she must be approved by the parliamentary hearing committee.
- Any Nepali citizen with bachelor degree in law and has worked as the chief Judge of high court or practiced advocacy for 15 years as law graduate senior advocate, or has worked as a gazette first class officer for at least twelve years is eligible for the appointment in the judge of supreme court.
- The office tem of chief justice is six years
Conditions Vacant of Justices and chief Justice
- If the chief justice renders his/her written resignation to the president and a judge submits his/her resignation to the chief justice.
- If s/he attains the age of 65 years.
- If an impeachment resolution is passed from the parliament
- If s/he dies etc.
Jurisdiction of Supreme Court
- Function related to petition: Supreme Court protects the legal rights of people. Any Nepali citizen may file a petition in this court to have access on law and the law which is inconsistent with the constitution will be void by the court.
- Enforcement of Fundamental rights: - The Supreme Court have extraordinary power to issue the necessary and appropriate orders to enforce the fundamental rights of people. Especially it has legal rights for the enforcement of fundamental rights provided by the constitution.
- Jurisdictions to hearing original and appellate cases: - The supreme court of Nepal have jurisdiction to hear original and appellate cases, to review its own judgments or interim order, to examine decision referred for conformation and hear petition.
- Jurisdiction of hearing appeal cases: - The supreme court of Nepal hears the appeal cases that have been initiated and executed by the high courts. Similarly it hears a subject of public interest litigation including a questions related to the interpretation of the constitution and law cases referred by high courts along with its opinion that it is appropriate for the supreme court to decide on it.
High Court
- There is a high courts in each province of Nepal.
- In addition to chief Judge, every high courts have judges in the number as provided in the federal law.
Appointment and Qualification of Chief and other Judges of High courts
- The chief Justice appoints Chief Judge and Judges of High courts on the recommendation of the judicial council.
- Any Nepali citizen who has a Bachelor Degree in Law and experience five years as a district Judge or has practiced law as senior advocate or advocate for at least ten years or at least ten years of teaching law or worked in any post gazette first class officer of judicial service is eligible to be the chief and other Judges in the high courts.
Conditions of Vacant posts of Chief Judge and other Judges in High courts
- If s/he submits written resignation to the chief justice.
- If s/he is completed the age of sixty three.
- If s/he is removed by the judicial council for reason of incompetence, misbehaviour, ill-intended activities and serious violence of the code of conduct.
- If s/he is removed by the judicial council for being unable to perform the duties of her/his office due to the physical or mental illness.
- If s/he dies.
Jurisdiction of High Courts
- The High courts have the right to order special issue and appropriate order in the name of government, institution or individuals within its provincial jurisdiction for the enforcement of fundamental rights.
- The high court have jurisdiction to hear the original and appellate cases and to examine decisions referred for conformation.
- Other powers of the high courts are according to federal law.
District Court
- There is a district courts in every district.
- Appointment: - The chief justice appoints the Judges of district court on the recommendation of judicial council.
- Out of total vacant position 20 % to be fulfilled through the appointment of the second class officers of the judicial services who have completed bachelor degree in law and completed at least three years of service based on seniority and work performance evaluation.
- Out of total vacant posts of Judges 40 % to be fulfilled thorough the appointment of the second class officers of the judicial services with bachelor degree in law and three years of experience based on the open competitions.
- Similarly 40 percent out of total vacant position to be fulfilled through the open competitions among Nepali citizen who have the bachelor degree in law and worked as advocate for eight years or teaching experience of law etc.
Jurisdiction of District court
- It has jurisdiction to hear original cases and execute all decisions.
- It has jurisdiction to hear appeal over the decision taken by the quasi-judicial body and local level judicial institutions. Etc.
Provincial level Administration
- Provincial level Administration is also called sub national administration.
- Basically it includes provincial executives and provincial legislature.
- Provincial Executives: - The executive functions of the province is exercised in the name of provincial government.
- The provincial head appoints to the leader of provincial parliament party with the majority as the Chief Minister and the provincial council of ministers forms in his or her leadership.
- If there is not majority of single party in parliament the Provincial head appoints Chief Minister to the member of provincial parliament who can have the majority with the support of other parties.
- In this condition the Chief Ministers have to get vote of confidence within 30 days of his /her appointment.
- If the government could not formed above condition, the provincial head appoints Chief Minister to the leader of largest party in the Provincial parliament and s/he also have to get vote of confidence within the 30 days of his /her appointment.
- Provincial Council of Ministers shall form by the provincial head on the recommendation of Chief Minister.
- The chief Minister and Ministers of provincial council of ministers shall be collectively accountable towards the provincial Assembly and ministers shall be individually responsible to the chief minister and the provincial assembly for the work of their respective ministries.
Vacancy of office of chief-Ministers and other Ministers
In case of Chief Minister
- If the chief Minister submits his or her resignation to provincial head.
- If vote of confidence fails of no confidence motion against him / her is passed.
- If s/he ceases to be member of provincial lower house.
- If s/he dies.
- In case of other Ministers
- If they submit their written resignation to the Chief Minister.
- If the chief Minister remove them.
- If chief minister himself/herself ceased from the post.
- If s/he dies.
- If s/he is ceased from the member of provincial parliament.
Provincial Assembly
- There the provision of unicameral legislature in a province which is called Provincial Assembly.
- Every provincial Assembly is consist of members equal to double the number of members to be elected thorough the First-Past-The- Post (FPTP) lection system to the house of representatives from the concerned province.
- The numbers of members to be elected through proportional representation system equal to the remaining forty percent when the number of members FPTP is regarded as Sixty percent.
- Term of provincial assembly will be of five years, if it dissolved earlier according to constitution
Qualifications to be member of Provincial parliament
- S/he should be Nepali citizen.
- S/he must be the voter of the concerned province,
- S/he attained twenty-five years,
- S/he should not have punished for any criminal offences involving moral turpitude,
- S/he should not have ineligible by any Law,
- S/he should not hold the post of benefit.
Conditions under which the post of member will be vacant
- If S/he gives written resignation to the speaker of provincial Assembly,
- If S/he does not meet the required qualification, If the terms provincial assembly expires or dissolved,
- If S/he remains absent from ten consecutive meeting without notification to the provincial assembly,
- If s/he left the party from which s/he is elected and concerned party gives written notification to the provincial assembly.
- If s/he dies.
Provincial Jurisdiction
- Provincial police administration as well as law and order,
- Banks and operation of financial institutions according to the policy of Nepal Rastra Bank,
- Radio television and FM operation,
- Land and house registration fee, Vehicle tax, Entertainment tax, advertisement tax, tax on tourism etc.,
- Provincial civil service and other service,
- Provincial level electricity, irrigation project, drinking water, and transportation,
- Exploration and management of mine, Land management and record keeping of the land,
- Agriculture and livestock development, factories, industrialization, and business
- Provincial Highways etc.
Local self-governance
Concept and Meaning
Local self-governance is the main essence and backbone of the democratic government that adopts the policy of decentralization. It is the system of governing the public affairs through appropriate mechanism at the local level, close to the people, lower than the national level, i.e. Village and urban level or grassroots level in country. Local self-governance act provides decentralization in development programs by devolution of authority to the local bodies like Village council, and municipalities. The local bodies work as local authority or governments with in their jurisdiction after the implementation of the Act.
‘Local self-governance is the basic place for democratic experiment.’ Similarly Ashirbadam defines ‘Local self-governance is a unit of central government in which elected representatives are there in city and village and they used their authorities for welfare.’ Form the above definitions, it may be concluded that local self-governance implies the act of governing by the local bodies, elected by people, which receive the authority and responsibility through the national government and which act autonomously guided by the wisdom and common sense to identify and mobilize the local resources.
Local self-governance implies the act of governing by the local bodies, elected by people which receive the authority and responsibility through the national government and which act autonomously guided by the wisdom and common sense. The democratic exercises make the provision for maximum participation of local people for use of state’s power. The concept of local self-governance refers to the transmission of power and authority at the local level. According to this concept, local problems are to be highlighted for a balance and sustainable development. The concept of local self-governance revolves around the aspect of inclusion of all peoples from the different sectors of society. It is based on the principle of ‘Think locally act globally.’
- Power decentralization: The power and responsibility of center body need to be decentralized when we talk about local self-governance. The power and responsibility of the center agency transfer into local agency (Village Municipality, and municipality). The local self-governments are concerned with water, transportation, electricity, roads, school, and telephone like local level development by identifying local resources.
- Development of Local `Leadership: In local self-governance, people of local level are inspired towards leadership. The local leadership is set up through election. The elected leaders always try to do well for the welfare the village or community.
- Direct Involvement of People: In the local self-governance system, local representative of people hold the leadership in the institution of village, town and district. Only the persons elected by people take the leadership. As the elected representatives of people take part in governance it can be said that people are involved in the practice of local self-governance.
- Increasing People’s participation in development and administration: In the centralized system, the state only plays the role of interference. But in the local self-governance, the central government happens to have given the greater autonomy to local bodies or authoritative person. In the local self-governance and local development administration, people’s participation is on the increase and their direct or indirect participation in the administrative system takes place.
- Cheap and Flexible Administration: The local agencies (Village Municipality and Municipality) identifies and mobilizes locally available resources and implemented successfully developmental works in a smooth and economic way. As all works to be done in local community need to be accomplished through the active participation of people. Similarly, people find it easy to obtain essential administrative co-operation.
Local governments and their functions and roles
- Village Executives: - According to constitution there is a village executives which acts as the local government in each Village councils.
- Composition of Village Executives: The elected head of village council becomes the chairperson of the village executives. The village executives forms under the his/her chairpersonship.
- Similarly Deputy Head and other ward chairpersons elected from ward become the members of Village executive.
- Four women members that are elected by the village assembly members from among themselves and two persons elected from Dalit or Minority community will be members of the village executives.
Composition of Municipal Executive
- The Municipal Executives:
- There is a Mayor in every Municipality and municipal executive is formed under the chairpersonship of Mayor.
- Similarly there will be a deputy mayor and Ward chair persons of each ward will be the members of Municipal executive.
- The Five women members that are elected by the municipal assembly members among themselves and
- Three persons elected from Dalit or minority community.
Qualifications of to be the head, deputy head and Member of Village and Municipal executive
- Individual should be Nepali citizen.
- S/he should have attained the 21 years of age.
- The name should be included in voter lists of concerned Municipality or Village Council.
- S/he should not be ineligible by any law.
Conditions under which the post will be vacant
- If the head submits his/her resignation before the deputy head and the deputy head before the head.
- If his her terms comes to end.
- If s/he dies.
In case the post of Head and Deputy head falls vacant with more than one years of the term left, the vacant post for the remaining period should be fulfilled thorough the election
Functions of Municipality and Village Council (Executive)
- Municipal Police: The composition, conduction, regulation, and management is the main function of Local level. Similarly Municipality and Village council can formulate the policy, Law, criteria and implementation is the main job of local level. The local executive can mobilize the municipal police to implement to policy and law, to protect the property, to protect the local tradition, festival and jatra, to manage the local market, etc.
- Cooperatives: The Municipality and village council can formulate the policy, law, criteria and can regulate the cooperatives. Similarly it can register, disorganize within its territory.
- FM Radio: The local level can give the permission to conduct the FM radio of 100 watt. Similarly it can renew, Regulate, and discard the registration of FM radio.
- Local Tax: The local government can formulate the law, policy, relating to property tax, house rent tax, fee on the registration of house and land, vehicle tax, service fee, entertainment tax, advertisement tax etc. and can implement and regulate within the territory. But the local government should remain under the federal and provincial law.
- Management of local services: The local government can formulate an implement the policy, terms of service plan and criteria relating to the local service.
- Local statistic and record keeping: The local government can formulate, regulate, and implement the policy, law, criteria, plan of local statistics. Similarly the registration and the record keeping relating to Birth, death, divorce, migration etc. is the main function of the Local government.
- Local Development: It is another function of village and municipality. The local government can formulate and implement the policy, program and projects of local development. Similarly it can regulate, evaluate, and control the socio-economic development of the local level. Similarly it can facilitate, coordinate, and manage the federal and provincial level development projects and plans, etc.
- Basic and secondary education : The local government can formulates policy, criteria, regulate, law, implement the law and policy relating to the early child development and education, Basic education, secondary education, community learning, special education etc. formulation of village and municipal education committee, management of closed and merged schools, Naming of the school, conduction of extracurricular activities etc. are the major function relating to the basic and secondary education.
- Basic and secondary education : The local government can formulates policy, criteria, regulate, law, implement the law and policy relating to the early child development and education, Basic education, secondary education, community learning, special education etc. formulation of village and municipal education committee, management of closed and merged schools, Naming of the school, conduction of extracurricular activities etc. are the major function relating to the basic and secondary education.
- Basic health and sanitation: formulation and implementation of policy and law relating to basic health and sanitation, operation of reproductive health and nutrition program, maintain the quality of drinking water, establishment of hospital, etc. are the functions relating to the basic health and sanitation.
- Management of local markets, environment conservation and bio diversity.
- Construction local roads, agricultural roads, rural roads and irrigation.
- Distribution of land and building ownership certificate.
- Management of senior citizens, people with physical disability.
- Collection of statistics of unemployment people.
- Drinking water, small hydroelectricity projects and alternative energy.
- Disaster management,
- Reservation and development of local languages, culture and fine arts.
- Conservation of mine, watershed, wetland, wild life, minerals Etc.
District Assembly and District Coordination Committee
- There is a District Assembly in each district consisting of Mayor and deputy mayor of Municipality, and chairperson and vice chairperson of rural municipality.
- There is a district coordination committee in each district. The district assembly elects Maximum none members including
- Head 1,
- Deputy Head 1, and
- 7 members including 3 women and 1 from Dalit or minority community.
- The members of Village Assembly and Municipality are eligible to be the members of district coordination committee.
- The term of office is 5 years.
Functions of DCC
- To carry out monitoring to maintain balance in development and construction works.
- To coordinate among the Rural Municipalities and Municipalities and Province within the District.
- To maintain coordination among federal, and provincial government offices and rural and municipalities within the district.
- To coordinate the plan and task related to the natural calamity and disaster management within the district. Etc.