According to the constitution, coordination between the union, state and local levels is inevitable, now the House of Representatives and the federal government formed by it have dissolved, Sushila Karki has become the prime minister on the choice of Jen-G, how will the Karki-led government maintain the relationship between the state and the union government? That is, how will the relationship and cooperation with the province be?
A decade has passed since federalism was implemented in the country. Acts related to union, state and local levels are yet to be made. Due to the fact that the federal government has not made some laws, the state and local levels have not been able to exercise their constitutional rights.
Without the release of the
Act, the single and common rights could not be effectively implemented and the coordination and cooperation with the central government could not be done properly, the voices of the provincial and local level representatives are repeatedly raised.
At a time when voices are being raised that the federal government has not been able to address such grievances and difficulties by issuing laws, a new political situation has been created in the country with the movement of Gen-G.
The federal government formed by the House of Representatives under the Union, which plays an important role in the implementation of federalism, has been replaced by the civilian government. The House of Representatives, the place where laws are made, has been dissolved, while the upper house of the Union, namely the National Assembly, remains in place. The next date for the election of the House of Representatives is 21 February. The role of political parties is important to make elections successful in a multi-party governance system.
Now the Gen-G movement has pushed the parties to the brink. have become somewhat defensive. How will the new government treat those parties? How to maintain a relationship? That too has become a very interesting but difficult topic. Constitutionalist Bipin Adhikari says that the government should treat all parties equally. He said that parties have the right to organize and be independent. "Elections are meaningless if the parties do not compete," he said.
The government formed by the House of Representatives and the House of Representatives itself has been dissolved and a new government has been formed according to Jen-ji's wishes, what will be the relationship between the three levels of government now? When the constitution of 2072 remains the same, the state and local levels cannot be abolished by the new government or the constitutional rights can't be curtailed, how will the coordination between the state and local levels be? The discussion has begun. The constitution itself has given certain rights to those levels of government.
The constitution of 2072 has mentioned 35 single rights of the Union, 21 single rights of the provinces, 25 common rights of the Union and the provinces, 22 rights of the local level and 15 common rights of the Union Province and the local level. Constitutionalist Bipin Adhikari argues that states are stronger than ever. "This government cannot interfere with the provinces," the official said, "The provinces are autonomous to use the rights given by the constitution." That's why the experts say, 'The constitution says that the three levels of government cannot do all the work on their own.' Currently, the government formed by the election of 2079 is active in all seven provinces and 753 local levels using the powers given by the constitution. The executive has not been given the power to reduce or abolish the powers of elected structures (provinces) and local levels.
Rather, the constitution has stipulated that there should be coordination and cooperation between the three levels of government. The state and local levels have made and implemented some laws using the powers given by the constitution. The House of Representatives has not been able to enact the Federal Civil Code yet. But all states have formed Public Service Commissions and state civil laws.
This is the constitutional system
Article 223 of the Constitution mentions that the relationship between the union, state and local levels shall be based on the principle of cooperation, coexistence and coordination. Similarly, in Article 234 of the Constitution, it has been arranged that there will be an inter-provincial council under the chairmanship of the Prime Minister. In the said article, it is intended to take initiative to resolve the political disputes between the union and the state. There is a constitutional provision that the federal government should enact laws to implement single and common rights.
Therefore, according to the constitution, coordination between the union, state and local levels is inevitable. If so, how will the government led by Prime Minister Sushila Karki maintain the relationship between the state and the union government? That is, how will the relationship and cooperation with the province be? The question is natural.
Federalism expert and former MP Khimlal Devkota says that even in the new political situation, the state assembly and government will not be hindered. The main demand raised by the new generation is not system change, but good governance," Devkota says. Even though there is a voice that the Union has not made some laws, there is no obstacle to proceed with the main work of the province.
Stating that the government has the right to recall the heads of the province, he opined that even if the province does not have other laws immediately, there is no situation that will hinder the performance. Apart from the Police Act, the provinces themselves have made and implemented the Act. In particular, the Union has not been able to make the Federal Civil Act, the Police Act. In particular, there were complaints that there was a problem due to the non-enactment of the Police Act.
For example, the constitution mentions provincial police administration and peace security as one of the powers of the province. But in Article 268 of the Constitution, there is a provision to have Nepal Police, Armed Police Force and National Investigation Department in the union. In addition, it is mentioned that each province will have a police organization and its operation, supervision and coordination arrangements will be in accordance with the federal law.
The Chief Minister of Bagmati Province, Indra Bahadur Banian, says that the constitution does not have any reason for discord between the union and the province. He said that there is no need to worry that the constitution will not be protected as the former chief justice led the government that came from the awareness movement of 'Real Gen-G'.
He said, "Even if the constitution is to be amended and the government structure is to be changed, it will be done with two-thirds of the votes of the parliament coming from the next election." Therefore, it does not seem to be a problem for the provincial and local levels to work now.
He opined that the work of this government is the investigation of incidents of vandalism and arson during the election, protests and good governance. He said that instead of raising the issue of the law that should be made by the union, the province can be operated by using the rights given by the constitution. He believed that since the former Chief Justice, the Prime Minister and the President of the republican system are the custodians of the Constitution, there will be no problem in coordination between the union, state and local levels. According to Devkota, an expert on federalism, there will be no immediate problems as the government is operating on the basis of the laws enacted by the state parliament.
local, state and federal government
According to the constitution, 25 points are mentioned about the common rights of the union and the state. But the state governments have been saying that due to the fact that some laws were not made by the union, they could not use the common rights.
Article 235 of the Constitution provides for the coordination of union, state and local levels. For that, it is mentioned that the Federal Parliament will enact laws as per the requirement. Similarly, in the same article, it is mentioned to maintain coordination between the rural municipality and the municipality and if any political dispute arises, the provincial assembly will coordinate with the related rural municipality, municipality and district coordination committee to resolve the dispute.
The local government is being operated according to the law created by the Legislative Parliament according to Article 296 of the Constitution. According to the Local Government Operation Act 2074, the metropolitan city, sub-metropolitan city, municipality and rural municipality are currently operating.
Local elections have been held twice. People's representatives who came from the election are now performing their duties from ward to municipality. According to the constitution, the local level has been given legislative, executive and judicial powers.
Some laws have been arranged for coordination between the three levels of government. The Coordination and Interrelationship Act 2077 between Union, State and Local Levels has also defined the cooperation and coexistence of the three levels of government. According to the Act, the areas of single and common rights of the union, state and local levels are mentioned and the structure to be created for their implementation is mentioned. There is a provision to form a provincial coordination council under the chairmanship of the chief minister.
The act has provided that the local level people's representatives will also be there. Similarly, the constitution of subject committees and the provision of consultation and communication between federal units are also laid down in the Act. In the same way, the National Natural Resources and Finance Commission has made arrangements to give suggestions to the government regarding annual grants from the Union to local levels and provinces. These arrangements are guaranteed by the constitution.
How did the lion reach the village? The
parties had given slogans that after the implementation of federalism, the service provided by the Singh Darbar should be provided from the village. The slogan was given as 'Now Singh Durbar in Villages' because the rulers removed the governance system that was run in Singh Darbar and empowered the local level.
Local elections were held for the first time in 2074 after the implementation of federalism. With the second election in 2079, 8 years have passed since the local government exercised its authority. Some have also given the expression that one king was removed and 753 kings were made at the local level. But in any governance system, the local level is the first government that citizens see and feel.
Citizens can also complain directly to the local government. They can see for themselves the development program conducted in their villages and markets. They can inquire with the local representative.
Therefore, the Local Government Operation Act has clearly defined the work, duties and rights to establish the local level as a people-oriented and door-to-door government. Jurisdiction for editing is assigned from the municipality to the ward. Not only the jurisdiction of the metropolis, sub-metropolis, municipality and rural municipality, but also the services to be provided by the ward committee.
In the Local Government Operation Act, the municipality established municipal police, cooperatives, FM operations, local tax service fees and duties, management of local services, local data and records, local level development projects and projects, basic and secondary education, basic health and sanitation, local market management, environmental protection and biodiversity, roads and irrigation, village assembly council reconciliation and management, local records management, land owner registration certificate distribution, agriculture and animal husbandry, agricultural production management, animal health cooperative, management of senior citizens with disabilities, The right to work in the fields of unemployment data collection, drinking water, hydropower projects, alternative energy, disaster management, water bodies, wildlife protection, language and literature protection, sports, newspapers, health, electricity, drinking water, fines, royalty, social security, poverty alleviation, personal incident registration, squatter management, land management, communication and transportation services has been given.
If the authority given to the local level is properly used without violating the laws of the Union and the state, the citizen does not have to go to the headquarters and the federal capital to get government facilities. More than 90 powers have been given to Ward Committee alone. The Ward President should recommend more than 35 categories. Ward Heads primarily provide services to citizens under various titles. The municipality will make some recommendations that the ward cannot make. Right from building development to settlement of local disputes has been given to the local level.
Local level rights
1. Recommendation that if a person's name, surname, date of birth and nationality are different, that person is the same person.
2. Ward development plan, budget and program prepared For doing, making and approval of the rural municipality or submitting to the municipality.
3. To implement plans and programs to be implemented by the ward, to monitor and periodically review them.
4. To act as prescribed by the Act to be recommended and verified.
5. Perform other tasks assigned by the Executive, Assembly or Ward Committee.
6. Relationship verified.
7. Recommendation to get a copy of citizenship and citizenship.
8. Recommendations for the care of disabled, helpless and orphans.
9. Recommending accounting for reinstated taxes.
10. Working in Rohbar to open closed houses and rooms.
11. Recommendation of Mohi Lagat Katta.
12. Accounting recommendation of real estate tax.
13. Date of birth verified.
14. Recommendation that the business is closed, not operating.
15. Certified married and single.
16. Recommending free or paid healthcare.
17. The recommendation issued by the ward
18. Recommendation of house keeping on land owner registration evidence.
19. Recommended marital naturalization citizenship.
20. Ghar Patal proven.
21. Personal details verified.
22. Recommendations for current and electricity connections.
23. Recommendation for revision of name, surname, date of birth.
24. Landlord Registration Evidence Lost Recommendation.
25. Recommends to a mattress.
26. Prorgenfall certified and correction and personal cares.
27. Proof of the relationship of the living.
28. Recommendation and surgeon with the dead.
29. Recommendation of being alive.
30. Certified or entitled. & Nbsp;
31. Recommendation to designate. & Nbsp;
32. Recommend the rights of land. & Nbsp;
33. Recommendation to the industry. & Nbsp;
34. Recommend to open the basic school. & Nbsp;
35. Recommending the land valuation. & Nbsp;
36. Recommendation to add school classes. & Nbsp;
37. Economic recommendations on economic recommendations. & Nbsp;
38. Recommendation to school.
