Implementation of legal, administrative and fiscal federalism is lax

Magh 12, 2081

Surendraraj Pandey

Implementation of legal, administrative and fiscal federalism is lax

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For the discussion on whether federalism is a burden or an opportunity, we have to go with the Constitution of Nepal. When we made the constitution, we kept federalism. why There has been a lot of discussion in this regard. A Constituent Assembly could not give a constitution.

After many discussions, the next Constituent Assembly gave a constitution with a federal democratic republic. This means that federalism is kept with certain reasons and objectives and not based on whims. 

Now the question has been raised about the state government. It is natural . Yesterday, when there was a unitary government, there was also a local government. After federalism, the new provincial government is the only one. It is natural to have a discussion about this . After the discussion, the question arose as to whether the work could be done or not. Generally, we Nepalis have a superficial thinking habit. We don't go deep and analyze thinking . On the basis of this, it is analyzed that federalism is not needed, provincial government is needed. What kind of work has the state government done, what are the achievements? What didn't work? What is the reason for not being able to do that? No one has done any research on that. 

The current federalism is ancient. A few months ago, in the Kantipur Conclave held in Kathmandu, I said that the federalism of Nepal is now like 5G but we are running 2G now. Now I will add another topic to it . The current federalism is just a skeleton. It lacks important organs including arms, legs, mouth and brain . Or those organs of federalism have not been authorized to work fully.   

Federalism is about single and common rights. Common rights can be discussed . But there is no question about single rights. Congress is also in the UML-led government. CPN-Maoist is the main opposition party. All these parties unanimously passed the constitution. No one disagreed about the power given to the provinces to make the constitution. But now there is an excuse when making laws for the implementation of those rights . It has been seven years since federalism was implemented. Is it time to evaluate its work in seven years? Or let's say work by keeping hands, feet, mouth, brain etc. If it didn't work even then, just say that federalism didn't work.  

The provincial government is said to be in charge of peace and security in the constitution. But the police I have is not of the province . The Prime Minister, Deputy Prime Minister and others have been publicly saying that they will be the government even if they do not have police. The prime minister and other high officials who are now leading the federal government have been saying that they could not work because they could not give authority to the state governments. When it comes to administration, the employees from the federal government are not accountable to the state government. Sincerely, I am a public servant, the federal government assigned me to the state, so I have to work loyally to this government. 

If you talk about financial federalism, 70 percent will be kept by the union, and the remaining 30 percent will be distributed to the provinces and local levels. This is the financial federalism ? Now it is very easy for the federal government. Every citizen's issue is either local or state government. People don't have to go through the trouble of going with the union. The state government will have to fulfill the countless needs of the citizens with 15 percent of the budget. Due to federalism, citizens come to state and local levels and demand budget for projects according to their needs. If there was no federalism, the lower level citizens would not have been able to go directly to the Prime Minister and Finance Minister and ask for the budget.  

It is said that the province could not spend the allocated budget. A budget of 33 billion 90 million 42 million rupees has been brought. To be clear, when making a budget of 33 billion, the money is not more than 26/27 billion. Actually, we have spent 90/95 percent of the money we have. 1 billion 99 million that was promised by the federal government last year did not come to us . That's about 26 percent of our total budget  . 

The village councils got 753 people who came to Singhdarbar and said that they would sit on a dharna and got the rest of the money by keeping about 7 percent. But there are only seven provincial governments, and if we add the seven ministers of finance, there will be only 14 people . Some of the chief ministers were from the party of the federal government. That's why the province could not be united in the question of demanding money from the union by protesting. 

The finance minister of the federal government is saying that there is a problem in resource management and budget allocation, discipline must be maintained. Currently, the financial situation of the federal government is critical. This is reality . Therefore, it is not possible to spend as much as you want. If all the funds from the federal government had come, the ratio of our expenses and project completion would have increased . We've done the work, but haven't been paid . Without payment it will not appear in progress . However, we are aware that we should get more returns by making maximum use of achievement resources. 

Those who raise the voice of abolishing the province by establishing the argument that the province is not given rights and could not work are seen to be increasing. The provincial government envisioned by the constitution along with federalism is a new practice for us. The beautiful aspect of federalism is the province. But there is a problem in the implementation of some of the laws created by the province as the authority given to the province is not received from the union. The implementation of legal, administrative and financial federalism is lax due to the union government. Because of this, the province has to be criticized. It is necessary to give the province the rights mentioned in the constitution and find an alternative only if it cannot work. 

What are the legal and policy obstacles to investing in the province, if those problems can be solved by the provincial government, I would like to call on all the entrepreneurs that the provincial government is ready to solve such obstacles and create an investment-friendly and safe environment for them in this province and cooperate with them  .

(Edited part of Pandey's thoughts in the session on 'Federalism: Bhar ki Adhikar' of the 'Gantavya Gandaki' program organized by Kantipur in Pokhara)

Surendraraj

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