1.10 Provisions of Civil Service Act & Regulations
1.10 Governance System and Government (Federal, Provincial, and Local) 🏛️
🏛️ Governance System
🎯 Fundamental Aspects of Governance System
Modern governance can basically be categorized into two types:
Parliamentary form of governance
Presidential form of governance
While the structure of government may be:
Unitary
Federal
⚙️ Role of Governance System
Geographical situation, civic sense, environment, natural resources, political ideology, social norms, values, and nature of government itself influence the role of governance.
Roles of governance system are:
Regulating resource management
Public mobilization
Public service delivery
Monitoring and evaluation of government functions
Mirroring public aspirations and expectations
👥 Aspects/Actors of Governance System
Legislature
Formulates laws and directs, monitors executive towards efficient functioning for meeting public needs and expectations. Works as a reservoir of public opinion.
Executive
Executes the laws and directions of the Legislature. Formulates and implements rules and procedures to run general administration.
Judiciary
Dispenses justice and interprets the law.
Constitutional bodies
Part of government machinery; carry out executive functions for smooth administration.
Private sector
Business or private sector is an indispensable partner in development.
International Community
UNO, its specialized agencies, regional and international organizations.
Social Sector
Social service, NGO, civil society, cooperatives, community-based organizations.
✅ Characteristics/Features of Governance System
Civilian supremacy
Rule of law
Representative system
Regulatory power
Periodic election
Executive, Legislature, and independent Judiciary
Separation and check and balance of power
Independent and competent judiciary
Embracement of human rights
Cooperation and coordination of the government with private sector, civil society, NGOs, and INGOs
🗺️ Political and Administrative Structure of Governance
Political Structure of Governance can be studied under two approaches:
Based on structure of State
Federal governance structure, Unitary governance structure
Based on form of governance
Presidential governance system, Parliamentary governance system
🧩 Ingredients/Components of Political Structure of Governance
Head of state
Head of the government
Council of ministers
Parliament
Local bodies
Political parties
🏢 Political Structure of Governance
🇺🇳 Unitary Governance System
All authorities of using power and resources remain in the centre.
Governance done according to central policy and legal provisions.
Limited authority delegated to regional and local bodies.
No separate and autonomous government and parliament at regional/local levels.
Central judicial and administrative mechanism has wide scope throughout the country.
✅ Strengths
Powerful and effective central government
Simple and easy-to-control governance system
Facilitates national unity and solidarity
Easier coordination and cooperation among government bodies
Economy in carrying out governance functions
❌ Weaknesses
Inefficient in addressing geographical, cultural, and ethnic diversity
Central administrative mechanism is out-of-reach to listen to local voices
Excessive dependence of people on the centre
Huge workload at central level, poor implementation at local level
Poor utilization and mobilization of local resources
Poor public participation in governance system
🌐 Federal Governance System
Mixed mode of governance with central government and regional governments in a single political system.
Multi-layer government modality: central, provincial/state, and local governments.
State authority divided among Federation/Union, autonomous provinces/states, and local governments.
Acknowledges both self-rule and shared rule.
Lean central government and parliament along with autonomous provincial government and parliament.
Regarded as best modality for decentralized governance with principle of subsidiary.
✅ Strengths
Effective and efficient utilization and mobilization of local resources
Recognition of socio-cultural, ethnic, and geographical diversity
Ensures proportional representation and promotes inclusive development
Catalyzes public participation and ownership
Democratic exercise realized at local level
Promotes local self-reliance, good governance, and rapid socio-economic growth
❌ Weaknesses
Costly for small countries like Nepal
Conflict between federation and states regarding allocation of resources and authority
May pose threat to national unity with inefficient central government
Cumbersome dual governance system
🏛️ Presidential Governance System
Executive power exercised by the "Head of the State".
Elected by direct vote of people or through electoral voting system.
Legislature can only remove president through impeachment by two-thirds majority.
✅ Merits
Political stability
Principle of separation of power highly embraced
Head of state directly accountable to people
Council of ministers accountable to head of state
Legislature free from government-making process
❌ Demerits
Head of state can act autocratically
Council of ministers not accountable to parliament
May not be suitable for multilingual, multi-ethnic, multicultural countries
Ministers not directly accountable to people
🏛️ Parliamentary Governance System
Executive power exercised by the head of the government.
Parliament has crucial role in formation of government.
Head of government elected from among parliamentarians.
✅ Merits
Head of government and council of ministers accountable to parliament
Ensures inclusive representation of all groups
Council of ministers subject to parliamentary control
Prevents authoritarianism of head of government
❌ Demerits
Government with majority may violate separation of power
Hung parliament can make government feeble and unstable
Political instability compared to presidential system
Legislature engaged in government-making business
Legislature may become authoritarian
🏢 Administrative Structure of Governance
Central Administrative Structure:
Links to central government
Supports policy making
Monitors and directs subordinate mechanisms
Includes ministries, departments, commissions, constitutional bodies
Regional/Provincial Administrative Structure:
Acts as bridge between central and local administrative structures
Local Administrative Structure:
Involved in service delivery and development
Formulates and implements policies at local level
Includes district level offices, rural/municipal offices
🇳🇵 Nepal's Governance System
Governance system determined by historical, geographical, political, socio-cultural, and international environment.
Historical Timeline:
Traditional governance system (before 2007 BS)
Ancient: Gopal, Ahir, Kirat, Lichhavi rulers Medieval: Malla kings, Baise, Chaubise, Sen States Unification: 26 thities and Dibyopadesh Rana rule: Feudal and autocratic (104 years)
Modern governance system (after 2007 BS to present)
Democratic: 2007–2017 BS Panchayat: 2017–2037 BS Restoration of democracy: 2046 BS onward Federal republic: Second People's Movement, Constitution 2072
📜 Salient Features of Nepal's Current Governance System
Democratic republic system
Federal governance system
Parliamentary system of governance
Inclusive democracy and proportional representation
Civilian supremacy
Separation, and check and balance of power
Secular state
Mixed electoral system (FPTP + Proportional)
Provision of fundamental rights
Provision of constitutional bodies
📋 Provisions of Constitution of Nepal on State Policies (Article 51)
(b) Policies relating to political and governance system of State:
Guarantee best interests and prosperity through economic, social, cultural transformations
Maintain rule of law by protecting and promoting human rights
Implement international treaties and agreements
Guarantee good governance with equal and easy access to services
Make public administration fair, competent, impartial, transparent, corruption-free, accountable, participatory
Make mass media fair, healthy, impartial, decent, responsible, professional
Develop harmonious relations between Federal Units through sharing of responsibilities, resources, administration
🏘️ Local Governance
Exercise of economic, political, administrative authority to manage state affairs at local level.
Fundamental functions, resources, authorities, and responsibilities at sub-national level.
Local bodies independent and autonomous for local decisions.
Platform to execute "Principle of Subsidiarity".
🏘️ Local Governance in Nepal
Federal governance system with strong, independent, autonomous local governments.
Decentralization Act, 2039 – foundation stone.
Local Self-Governance Act, 2055 – legal framework.
Local Government Operation Act, 2074 – current legal platform.
753 local level governments formed through local elections.
Local levels autonomous for administration, development, service delivery.
Civil rights ensured for participation and ownership.
Local governments have political, financial, administrative authority.
🏛️ Federal, Provincial, and Local Government
Constitution envisions three levels:
Federal – 35 exclusive powers (Schedule 5)
Provincial – 21 exclusive powers (Schedule 6)
Local – 22 exclusive powers (Schedule 8)
🏛️ The Federal Government
Head of state: President (ceremonial)
Head of executive: Prime Minister (appointed by Parliament)
Constitutional bodies heads appointed by President on recommendation of Constitutional Council.
Structure defined in Part 7 of Constitution.
📜 Federal Executive: Part 7
Form of government: Multi-party, competitive, federal, democratic, republican, parliamentary.
Executive power: Vested in Council of Ministers.
Constitution of Council of Ministers: President appoints PM; Council max 25 ministers including PM.
President may dissolve House of Representatives on PM's recommendation.
Vacation of office of PM and Minister:
Resignation in writing to President
Vote of confidence not passed or vote of no-confidence passed
Ceases to be member of House of Representatives
Death
📜 Federal Legislature: Part 8
Bicameral: House of Representatives + National Assembly = Federal Parliament.
House of Representatives:
Total: 275 members
165 – FPTP electoral system
110 – Proportional electoral system
Voting age: 18 years
At least 1/3 women from each party
Term: 5 years
National Assembly:
Permanent House
Total: 59 members
56 elected: 8 from each state (at least 3 women, 1 dalit, 1 disabled/minority)
3 nominated by President (at least 1 woman)
Election by electoral college of State Assembly, chairpersons, mayors
Term: 6 years (1/3 retire every 2 years)
Candidate age: 35 years
Voter age for NA: 21 years
🏛️ Provincial Governments
7 provinces – second level of governance.
Structure defined in Part 13 of Constitution.
📜 Province Executive: Part 13
Executive power: Vested in State Council of Ministers.
Chief of State: Representative of Government of Nepal; appointed by President; term 5 years; max once in same province.
Qualification: 35 years, not disqualified.
Constitution of State Council of Ministers:
Chief of Province appoints leader of majority party as Chief Minister.
Council max 20% of total State Assembly members including CM.
📜 State Legislature: Part 14
Unicameral: State Assembly.
State Assembly:
60% – FPTP electoral system
40% – Proportional electoral system
Number: Twice as many as HoR members from state through FPTP
Voting age: 18 years
Vacancy filled if term > 6 months
Term: 5 years
Qualifications: Citizen, voter of state, 25 years, not convicted, not disqualified, not holding office of profit.
🏘️ Local Government
Third level of government.
Defined as rural municipalities, municipalities, district assemblies.
77 districts with district assemblies.
753 local levels:
6 metropolises
11 sub-metropolises
276 municipalities
460 rural municipalities
22 exclusive powers (Schedule 8).
15 concurrent powers for all three levels.
📜 Local Executive: Part 17
Executive power: Vested in Village Executive or Municipal Executive.
Chairperson/Vice-Chairperson:
Chairperson in each Village Body.
Village Executive includes 4 women members + 2 dalit/minority members.
Eligibility age: 21 years
Term: 5 years
Max two terms as Chairperson.
📜 Local Legislature: Part 18
Legislative power: Vested in Village Assembly and Municipal Assembly.
Composition:
Chairperson/Mayor, Vice-Chairperson/Deputy Mayor, Ward Chairpersons, 4 members from each ward, Dalit/minority members.
At least 2 women from each ward.
Each ward has Ward Committee (Chairperson + 4 members) – elected by FPTP.
Candidate age: 21 years
Judicial Committee:
3-member committee coordinated by Vice-Chairperson (rural) or Deputy Mayor (municipal).
2 members elected by Village/Municipal Assembly.
🏛️ District Assembly and District Coordination Committee
District Assembly: Coordinates between rural municipalities and municipalities.
Composition: Chairpersons, Vice-Chairpersons, Mayors, Deputy Mayors.
First meeting within 30 days of election results.
District Coordination Committee: Max 9 members (Chief, Deputy Chief, ≥3 women, ≥1 Dalit/minority).
Term: 5 years.
🔗 Interrelations between Federation, State, and Local Level: Part 20
Legislative interrelations:
Federal Law applicable to whole/part of Nepal.
State Law applicable to whole/part of state.
If ≥2 states request, Federal Parliament may make laws on Schedule-6 matters.
Relations between Federation, State, Local level:
Based on cooperation, coexistence, coordination.
Government of Nepal may give directions to State Council of Ministers.
President may warn, suspend, or dissolve State Council and Assembly if sovereignty threatened.
Suspension/dissolution must be ratified by 2/3 of Federal Parliament within 35 days.
Election within 6 months if ratified.
Federal rule may make laws on State matters during suspension.
Relations between States:
Assist in execution of legal provisions, judicial/administrative decisions.
Exchange information, consult, coordinate, extend mutual assistance.
Provide equal security and treatment to residents of other states.
🤝 Inter-State Council
Settles political disputes between Federation and State, and between States.
Chairperson
Prime Minister
Member
Minister for Home Affairs
Member
Minister for Finance
Member
Chief Ministers of concerned States
Meets as required.
May invite concerned ministers and experts.
Rules determined by Council itself.
🔄 Coordination
Federal Parliament makes laws for coordination.
State Assembly maintains coordination between State and Local levels.
Processes for dispute settlement provided in State law.
🚚 Inter-State Trade
No obstruction to carriage of goods/services between states/local levels.
No discrimination or extra taxes/fees/charges.
⚖️ Not to Affect Jurisdiction of Constitutional Bench
Nothing in Part 20 affects jurisdiction of Constitutional Bench of Supreme Court under Article 137.
⚖️ Constitutional Bodies
1
Commission for Investigation of Abuse of Authority (CIAA)
21
238
Chief Commissioner + 4 Commissioners
Bachelor Degree + 20 Years Experience
2
Auditor General
22
240
1 Auditor General
Bachelor Degree + 20 Years Experience
3
Public Service Commission
23
242
Chairperson + 4 members
Master's Degree
4
Election Commission
24
245
Chief Commissioner + 4 Commissioners
Bachelor Degree
5
National Human Rights Commission
25
248
Chairperson + 4 members
Bachelor Degree
6
National Natural Resources and Fiscal Commission
26
250
Max 5 members including Chairperson
Bachelor Degree + 20 Years Experience
7
National Women Commission
27
252
Chairperson + 4 members
Bachelor Degree
8
National Dalit Commission
27
255
Chairperson + 4 members
Bachelor Degree
9
National Inclusion Commission
27
258
Chairperson + Max 4 members
Bachelor Degree + at least 10 Years
10
Indigenous Nationalities Commission
27
261
Chairperson + Max 4 members
-
11
Madhesi Commission
27
262
Chairperson + Max 4 members
-
12
Tharu Commission
27
263
Chairperson + Max 4 members
-
13
Muslim Commission
27
264
Chairperson + Max 4 members
-
Appointment: President appoints on recommendation of Constitutional Council.
Age: Minimum 45 years, maximum 65 years.
Term: 6 years from appointment.
Removal: Impeachment under Article 101.
📜 Legal Hierarchy of Nepal
Part 1: Constitution or proclamation equivalent to Constitutions Part 2: Act or ordinance Part 3: Rules, orders, or Letter of Authorization issued by Government of Nepal Part 4: Appointment or other Notice made pursuant to constitution Part 5: Notice published pursuant to Act, Rule, order, or decision of Government Part 6: Treaties or accords made with other nations
📊 Official Hierarchy of Nepal (Published April 29, 2019)
1
President
2
Vice-president
3
Prime Minister
4
Chief Justice
5
Speaker of HoR, Chairman of National Assembly
6
Ex-president, Deputy PM, Ex-Deputy president, Ex-PM, Ex-Chairman of Council of Ministers
7
Chief of Province (Governor) of concerned province
8
Ministers of GoN, Chief Minister of concerned province, Chief of Province (out of province), Leader of opposition in HoR, Recipients of Nepal Ratna, Ex-Chief Justice, Chairman of Constituent Assembly, Deputy Speaker of HoR, Deputy Chairman of NA, Deputy leader of parliamentary party in Government, Ex-Chairman of NA, Ex-Deputy PM
9
State Ministers of GoN, Chief Whip of HoR (Government), Chief Whip of HoR (Opposition), Presidents of HoR committees, Chairmen of NA committees, Deputy Chairman of NPC, Supreme Court Judges, Chiefs of Constitutional Bodies, Attorney General, Leader of Government in NA, Chief Whip of NA (Government), Leader of Opposition in NA, Chief Whip of NA (Opposition), Speaker of Provincial Assembly
10
Assistant Ministers of GoN, Members of HoR, Members of NA, Ex-Ministers of GoN, Chief Judges of High Court, Ministers of Provincial Government, Deputy Speaker of Provincial Government, State Ministers of Provincial Government, Presidents of Provincial Assembly committees, Mayor of Kathmandu Metropolitan City, Members of Constituent Assembly, Ex-MPs, Chief Secretary of GoN, Chief of Army Staff
11
Assistant Ministers of Provincial Government, Whip of Provincial Assembly, Members of Provincial Assembly, Mayors of Metropolitan Cities (except Kathmandu), Chairperson of District Coordination Committee
12
Members/Commissioners of Constitutional Bodies, Member of Judicial Council, Members of NPC, Secretary General of Federal Parliament, Chief Register of Supreme Court, Governor of Nepal Rastra Bank, Chancellor of Pragya Pratisthan, Vice Chancellor of Universities
13
Secretary/Gazette Special Class officers of GoN, Recipients of Nepal Gaurav, Nepalese Ambassador, Foreign Ambassador to Nepal, Secretary General of SAARC, Lieutenant General (Rathi), IGP of Nepal Police and Armed Police Force, Investigation Director of NID, Register of Supreme Court, Deputy Attorney General, Deputy Auditor General, Chief Secretary of Provincial Government, Vice Chancellor of Pragya Pratisthan, Professor of Universities, Mayor of Sub-Metropolitan Cities, Deputy Mayor of Kathmandu
14
Judges of High Court, UN Residential Coordinator of Nepal
15
Chairman of Provincial Public Service Commission, Mayor of Municipality, Major General (Upa-Rathi), AIG of Nepal Police and Armed Police Force, Additional Chief Investigation Director of NID, Members of Provincial Public Service Commission
16
Deputy Chairperson of District Coordination Committee, Chairperson of Rural Municipality, Deputy Mayor of Municipality, Joint Secretary/Gazette First Class Officers of GoN, District Judges, Secretary of Provincial Government, Chief District Officer (Gazette First Class), Associate Professor of Universities
17
Brigadier General (Sahayak Rathi), DIG of Nepal Police and Armed Police Force, Investigation Director of NID, Foreign Consular General, Colonel (Maha-Senani), Senior Superintendent of Police, Joint Investigation Director of NID, Gazette First Class Officers of Provincial/Local Level, CDO (Gazette Second Class), Chief/Executive of Corporations, Deputy Chairman of Rural Municipality
18
Under Secretary/equivalent of GoN, Lieutenant Colonel (Pramukh Senani), Superintendent of Police, Deputy Investigation Director of NID, Deputy Professor of Universities
19
Major (Senani), Deputy Superintendent of Police, Chief Investigation Officer of NID (Gazette 2nd)
20
Captain (Saha-Senani), Section Officers of GoN (Gazette 3rd), Assistant Professors of Universities
21
Lieutenant (Upa-Senani), Inspector of Police, Investigation Officer of NID
22
Section Officers of Provincial/Local Level (Gazette 3rd), Second Lieutenant (Sahayak Senani)
Source: Ministry of Home Affairs, GoN