Governance: Nepal's Constitutional Architecture and Accountability
Governance questions test how Nepal is governed under the Constitution of 2072 (2015): federalism, the three tiers of government, constitutional bodies, fundamental rights and the tools of accountability.
Structure and rules
- Three tiers: federal, seven provinces and 753 local levels. Powers are divided by Schedules 5 to 9 of the Constitution.
- Federal legislature: House of Representatives with 275 members (165 first-past-the-post and 110 proportional) and a National Assembly of 59 members.
- Executive: the President is head of state and acts on the advice of the Prime Minister, who heads the Council of Ministers and is responsible to the House of Representatives.
- Fundamental rights are in Part 3 (Articles 16 to 46) and are enforceable in court. Directive Principles, Policies and Obligations are in Part 4 and are not directly enforceable.
- Constitutional bodies include the Public Service Commission, Commission for the Investigation of Abuse of Authority, Election Commission, Auditor General and National Human Rights Commission. They are independent and report to the President.
- Accountability tools: Right to Information Act 2064, citizen charter, social audit and anti-corruption law.
Worked example
Which Schedule of the Constitution lists the powers of local levels? Reasoning: Schedule 5 lists federal powers, Schedule 6 provincial powers, Schedule 7 concurrent federal-provincial powers, Schedule 8 local level powers and Schedule 9 concurrent province-local powers. Answer: Schedule 8.
Traps that cost marks
- Treating directive principles as enforceable fundamental rights.
- Naming a statutory body such as the National Planning Commission as a constitutional body.
- Confusing the President's ceremonial role with the Prime Minister's executive authority.