Government, Branches of Government

Subject: Business Environment in Nepal

Overview

The political system comprises three vital branches – legislature, executive, and judiciary.VThe Interim Constitution of Nepal, 2007 does not prescribe the size of the council of ministers. The post-People’s Movement (2006) period has witnessed a number of striking political and social transformations in Nepal. The executive is the law implementing body of the state.  The Interim Constitution of Nepal, 2007 envisages the Constituent Assembly as the Legislature-Parliament. The President of the Republic of Nepal has the responsibility to act as the head of the state and custodian of the Constitution. The court of justice thus protect the citizens from unlawful acts passed by the legislature and arbitrary acts done by the executive.  The judicial system in Nepal consists of district level courts, the courts of appeal, and the Supreme Court. The Supreme Court is empowered to enforce fundamental rights and interpret the provisions of the Constitution. The executive is the law implementing the body of the state. The judiciary also provides a mechanism for the resolution of disputes. In other nations, the judiciary can make law by setting a precedent for other judges to follow, as opposed to a statutory law made by the legislature.

Government

Legislative, executive, and judicial branches are the three most important parts of the political system. The legislature is the most potent of the three, with the ability to make laws, set policies, approve budgets, exercise executive control, and reflect public opinion. The Constituent Assembly will serve as the Legislature and Parliament according to Nepal's Interim Constitution of 2007. As head of state and keeper of the Constitution, the President of the Republic of Nepal is accountable for carrying out these duties.

The size of the council of ministers is not specified under the interim constitution of Nepal from 2007. One or more connected departments may make up a ministry, or there may be no such thing as a separate department at all. The secretary in charge of the bureaucracy is followed by joint secretaries, director generals, undersecretaries, additional secretaries, and section officers who are in charge of sections with assistants and other lower-level employees. When residents interact with administration on a daily basis, the district is at the forefront of administration and helps to shape the public's perception of the government. The district serves as the administrative division, and all government departments have offices there. But the district's distinction comes from the choice of the Chief District Officer (CDO), who serves as both the district's administrative chief and a representative of the government. Maintaining internal security and integrating diverse programs are his key responsibilities. The CDO is a strong institutional functionary who is chosen by the Ministry of Home Affairs. However, due to his numerous transfers, relative inexperience, and growing political meddling in his business, this officer's effectiveness has decreased recently. His conditional efforts are weakened by these.

The judicial system both guarantees that the executive system actually operates as intended and provides the corrective measures. Thus, the court of justice defends the populace against illegal laws established by the legislature and arbitrary decisions made by the government. The Supreme Court, courts of appeal, and district level courts make up Nepal's judicial system. The Supreme Court has the authority to uphold fundamental rights and interpret the Constitution's clauses. The issue, which has been suppressed and set aside for generations, is now coming to light one by one. The difficulties facing the younger generation are becoming more numerous. The right to development is being pushed for with more and louder demands. Villages are vying for more and more infrastructure improvements, such as schools, health services, irrigation, motorable roads, and electricity, in order to soon see economic success after democracy has been restored. If the political system can channel the populace's growing awareness of and aspirations for their rights into creative energy and fully realize each Nepali's potential, a developed nation can be formed.

The temporary Constitutional Council, which recommends candidates for positions on the constitutional bodies, is a significant component of the governmental structure. There is the Judicial Council, which has comparable authority over judicial nominations. The provisions of the Commission for Investigation of Abuse of Authority, a vital entity, are another unique aspect of the new institutional arrangements. The Nepal Human Rights Commission has been established to safeguard and advance human rights. The National Planning Commission has become a crucial policy-making body for a variety of concerns, particularly development-related ones. As part of its mandate, the Commission is tasked with developing annual plans for the most efficient and equitable use of the nation's resources, as well as working out of priorities in the plan which delineates very clearly the policy-making functions of the Commission.

In Nepal, there have been a lot of remarkable political and social changes since the People's Movement (2006). These include a shift to republican democracy, a rise in civil society groups, a focus on political development concerns like accountability and government, and an enhanced understanding of human rights. Despite these positive developments, the political environment is still unstable. Threats from interregional and interethnic conflict, rising levels of poverty, widening economic disparity, and corruption all exert pressure on political and social institutions of all stripes, reducing their efficacy.

Branches of Government:

  • Legislature:
    • The CPN-UML, UCPN (Maoist), and MPRF-Loktantrik then voiced support for a government led by Sushil Koirala at an all-party meeting. The RRP-N abstained from the gathering. In subsequent conversations between the NC, CPN-UML, and UCPN (Maoist), the Maoists voiced support for an NC-led government but declined to join it, opting to remain in opposition.
  • Executive:
    • The state's body responsible for enforcing laws is known as the executive. On the advice of a concerned political party, the Prime Minister may choose the Deputy Prime Minister, Ministers, State Ministers, and Assistant Ministers from among the members of the Legislative-Parliament. In accordance with political convention, the Prime Minister may also designate individuals who are not members of the Legislative Assembly to the positions of Deputy Prime Minister, Minister, State Minister, or Assistant Minister.
  • Judiciary:
    • The judicial system offers a method for resolving conflicts as well. As opposed to a statutory law produced by the government, the court in other countries has the power to create legislation by establishing a precedent that other judges would follow. The judiciary usually has to make sure that the law is applied impartially and with equal fairness. Through the practice of judicial review, the judicial branch has the authority to alter legislation in many jurisdictions. When a court judges a state's laws and regulations to be in conflict with a higher standard, such as the provisions of the constitution or international law, the court has the authority to invalidate those laws and rules. Judges have a crucial role in the interpretation and application of a constitution, and they contributed to the development of constitutional law in common law nations. The election and/or appointment of fair-minded, just, and thoughtful legal experts whose devotion to an oath of office is above reproach for the citizens must be done with great care if the "Rule of Law" is to be established and maintained as the operating standard in social structures. If a law is to rule and be upheld broadly, courts must uphold fairness, which entails giving those who fall under its jurisdictional purview the highest presumption of intrinsic cultural significance in this context.

References:

  • books.google.com/books?isbn=8189611372
  • evilgaurav.files.wordpress.com/2014/04/lesson-2-political-environment.pptx
  • nepalmonitor.com/2007/07/mahat_unveils_nepal_budget_for_200708_.html
Things to remember
  • The Interim Constitution of Nepal, 2007 envisages the Constituent Assembly as the Legislature-Parliament.
  • The President of the Republic of Nepal has the responsibility to act as the head of the state and custodian of the Constitution.
  • The court of justice thus protect the citizens from unlawful acts passed by the legislature and arbitrary acts done by the executive. 
  • The judicial system in Nepal consists of district level courts, the courts of appeal, and the Supreme Court.
  • The Supreme Court is empowered to enforce fundamental rights and interpret the provisions of the Constitution.
  • The executive is the law implementing the body of the state. 

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