Thursday 11 April 2024

POLITY: Constitutional Commissions of Nepal

Public Service Commission:
The provisions regarding the Public Service Commission (PSC) are outlined in Part 23 of the Constitution of Nepal (2072) [Constitution of Nepal 2072, Part 23].

* Establishment: Article 242(1) mandates the existence of a Public Service Commission for Nepal.
* Composition: The commission consists of a Chairperson and four other Members (Article 242).
* Appointment Process: The President appoints the Chairperson and Members based on the recommendation of the Constitutional Council (Article 242).
Experience Requirement: At least half (50%) of the members must have prior government service experience of 20 or more years (Article 242).
* Other Members: The remaining members are chosen from individuals with a reputation for providing expert advice or recommendations based on research (Article 242).
* Duties of PSC (Article 243)
* Provision of Provincial Service Commission (Article 244)


Election Commission:
* The Constitution of Nepal (2072) establishes the Election Commission as a crucial body for the country's democracy. Here's a breakdown of its key provisions outlined in Articles 245 to 247  [Constitution of Nepal 2072, Part 24].

* Election Management: The Commission has the primary responsibility to conduct, supervise, direct, and control elections for various positions (Article 245). 
* Voter List Management: The Commission is responsible for preparing and maintaining voter lists for elections (Article 245).
* Referendums: The Commission also conducts referendums on matters of national importance as defined by the Constitution and federal laws (Article 245).
* Independence: The Constitution implies the Commission's independence by not placing it under any specific government ministry.
* Other laws, the Election Commission Act 2073 (2017), governs these aspects [Election Commission Act 2073 (2017)].


Human Rights Commission:
Article 248 to 249 [Constitution of Nepal 2072, Part 25]

* The NHRC consists of a Chairperson and four full-time members (Article 248).
The President appoints the Chairperson and members based on the recommendation of the Constitutional Council (Article 248). This council ensures a transparent and balanced selection process.
Qualifications:

Functions and Duties:
The Constitution outlines some core functions of the NHRC (Article 249):
  • Investigating complaints of human rights violations.
  • Recommending compensation to victims.
  • Taking legal action against human rights violators.
  • Promoting human rights awareness.
  • Monitoring government's human rights performance.
  • Independence and Accountability:


National Natural Resources and Fiscal Commission:
Article 250 to 251 [Constitution of Nepal 2072, Part 26]

* Article 250 of the Constitution mandates the formation of the NNRFC.
* Resource Distribution: The Commission plays a critical role in recommending the distribution of revenue and natural resources among the federal, provincial, and local levels of government (Article 250). This ensures all levels have the resources they need to function effectively.
* Fiscal Equalization: The NNRFC recommends fiscal equalization grants from the federal consolidated fund (Article 251). These grants are intended to bridge the gap between wealthier and poorer regions, promoting balanced development.

The NNRFC is not directly accountable to any specific government ministry, suggesting a degree of independence.


A separate law, the National Natural Resources and Fiscal Commission Act, 2074 (2017), elaborates on these aspects [National Natural Resources and Fiscal Commission Act, 2074 (2017)].

Other Commissions:
252. National Women Commission
255. National Dalit Commission
258. National Inclusion Commission
262. Madheshi Commission
263. Tharu Commission
264. Muslim Commission




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