Lessons to be learned from Swiss federalism

In Switzerland, unwritten work (residual rights) belongs to the provinces, Swiss citizens prefer the provincial government to the federal government because of its proximity to the people.

Ashwin 5, 2082

Khimlal Devkota

Lessons to be learned from Swiss federalism

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It has been 10 years since the constitution was promulgated. However, its legal implementation took place in the 2074 election. Union, state and local levels came into existence with the election. The rights of the state, which were concentrated only in the Singha Durbar, began to be exercised from afar. No need to run to the center for small tasks. More than half of the employees went to state and local levels.

 Great financial resources and means went down. Women, Dalits, Tribal Tribes, Madheshi, Tharu, Muslims, Backward Classes, Minorities, Marginalized, Handicapped etc. backward/overlooked classes and communities came into the mainstream of the state. Municipalities that barely made a budget of 15/20 lakh reached the position of being able to mobilize a budget of up to 80 crore on an average.

The circulation of democracy began in the local government, which had not held elections for 20 years. Due to the Maoist movement, the Madhesh movement, the tribal movement, etc., the displaced people began to return gradually. Due to the restoration of peace, the Nepalis, who were suffering from conflict and confusion, were happy. These achievements cannot be ignored. The main reason behind this is the Constitution of 2072.

Federalism, proportional inclusion, republic, rule of law are the basic pillars of the constitution. Strengthening them and starting the stability of the constitution is the main need now. The basic objective of the constitution is lasting peace, development, prosperity and good governance. However, there was/is dissatisfaction among the citizens because the work could not be done according to the expectations of the citizens and the spirit of the constitution.

There was/is anger among the youth due to the change of government due to power-hungry parties, political party leaders being involved in various corruption scandals, etc. The Zen-G movement is a reflection of that anger. The main demand of the Gen-G movement is the stability of the government and the enhancement of good governance. 

Leaders repeatedly came to power saying they would make Nepal Singapore and Switzerland. However, they did not show readiness. Switzerland has a population of 9 million and a total geographical area of ​​41,000 square kilometers. This is a decrease of 3.6 times compared to both the population and geography of Nepal. It is slightly bigger than the Karnali region of Nepal.

According to the theory of economics, the GDP of a country with a large geographical area and large population is higher than that of a country with a small population and small geographical area. However, according to the International Monetary Fund's Outlook Database 2025, Switzerland's GDP is 21 times greater than Nepal's GDP. Nepal's GDP is 48 billion US dollars while Switzerland's is 1000 billion US dollars. If we talk about per capita income, Switzerland has 75 times more than Nepal.

Nepal has 1486 US dollars and Switzerland has 111 thousand 716 dollars. Switzerland has made impressive progress in every field, including social, economic, infrastructure, human development, and governance. There is zero tolerance for corruption.

According to Transparency International, Switzerland is among the five countries with the least corruption. While Nepal is among the most corrupt countries. Our leaders never thought about the leaps and bounds made by a small country in terms of population and geography, including GDP. He did not change himself. 

There are 26 provinces (cantons) in Switzerland, which is slightly bigger than the Karnali province. In this context, in the second week of August, my friends, including some officials working in the three-level state structure, visited Switzerland for on-the-spot experience in various aspects of Swiss federalism. The article is about some dimensions of federalism in Switzerland. It may be relevant to discuss Switzerland's success as the government reform and other issues are being debated due to the Gen-G movement. 

The Constitution of Switzerland was issued on September 12, 1848. Federalism started with the promulgation of the Constitution. Switzerland's constitution and federalism have been alive for 177 years. They refined the constitution according to the sentiments of the citizens. When the constitution was promulgated, a two-tier state structure was created. The local government was placed under the province. Although subordinate to the provinces, local governments in Switzerland are fully autonomous.

The federal government and the states do not interfere with their autonomy. The application of the principle of proximity is complete. Even though it is under the jurisdiction of the state, all local infrastructure development and service delivery work is done by the local government. The authority of local government in Nepal is in the constitution. However, the federal government has been interfering in all local government activities. They should run to the job of Singh Darbar saying that they want working staff. 

Switzerland has a bicameral parliament like Nepal. The House of Representatives (National Council) and the National Assembly (Council of State). The powers of both Parliaments are equal (Article 148). They are elected in the National Assembly according to the provincial laws.

states questions. Switzerland does not have a system to provide salary benefits to MPs. They get special facilities only during the meeting. They have made politics like part time. They go during the session of Parliament. They keep their word. Other times they enjoy their profession. If parliamentarians are kept in a similar role in Nepal, the dignity of parliamentarians will increase. 

In addition to drafting laws, the Swiss parliament appoints the president and ministers, appoints judges, appoints the chief secretary, appoints the chief of the army (in times of war), etc. Parliament has the right to monitor the actions of the government and the courts (Article 169).

Isn't the right to monitor the activities of the court contrary to the principle of separation of powers? Bernhard Baldmann, an expert in constitutional law and professor of law at the University of Freiburg, answered - We have parliament above the court and citizens above the parliament. Parliament, government, courts, etc. are all based on direct democracy of the people. He said that no one dares to go beyond their limits.

There are many lessons to be learned from Swiss federalism. There is a provision in the constitution that the number of ministers should be 7 including the President (Article 175). Their tenure is 4 years. They are appointed by both Houses. There is a provision that only non-MPs can be president and ministers. The term of the President is one year. A year later he becomes a minister. His own minister is the president. With us, they boast that 'I have become the Deputy Prime Minister, why should I become a minister?'

There is a system in Switzerland that once a president cannot repeat himself. This is a matter of debate in Nepal. It would be better if only non-MPs would be ministers and the term of the chief executive would be one term (5 years) instead of one year like in Switzerland. Like the president, two terms are also made. However, the current problem is also in the system of being able to be the prime minister as many times as possible.

In Switzerland, presidents and ministers mingle easily in society. They live by doing their own business. use public transport. We have a system to protect those who have been presidents and prime ministers. It should be kept with minimal facilities for a certain period of time, and then the facilities should be removed. 

The government consults with cantons (provinces) and stakeholders when legislating or introducing new projects. In order to institutionalize the rights of the cantons, the constitution has given the right to form an organization together with the cantons. The cantons are organized as a 'Conference of Cantonal Governments'. It discusses the issues that need to be raised in the federal government and the federal parliament and cooperation between cantons. 

In Nepal, not only the federal government, but also political parties have narrowed the rights of the provinces. Despite being a single authority, the provinces have not been allowed to exercise police powers. If the police structure of the province had taken shape, then perhaps the structures of the province would not have been damaged so much during the Gen-G movement.

The provincial police guarded/saved some of their structures. The provinces of Switzerland have not only police but also judicial powers. In the constitution, it is written clearly what the union and the state will do, what will be the financial resources of the union and the state. Work not written in the constitution (residual rights) belongs to the province. Swiss citizens prefer the provincial government to the federal government because it is closer to the people. 

The trend of sharing revenue from rich provinces to weaker provinces is also noteworthy. There is provision for a fund for distribution of equalization grant. Two-thirds of the federal government and one-third of the rich states are in this fund. For example, in 2025, Swiss funds have accumulated 6.2 billion in this fund, and 2 billion have been supported by the eight provinces, according to the statement published by the Ministry of Finance. This method is also in some municipalities.

Wealthy municipalities provide financial support to weaker municipalities. In Nepal, the federal government distributes equalization grants to state and local levels. Similarly, the amount collected from value added tax and excise duty is distributed to the state and local levels as revenue distribution. As in Switzerland, a similar system should be implemented in Nepal, as rich provinces provide financial support to poor provinces and rich municipalities provide financial support to poor municipalities.

Constitutionally, the financial base of the province of Nepal is weak. However, Bagmati Province can provide some assistance to Karnali or Far Western Provinces, even if only in token form. Likewise, rich municipalities including Kathmandu Metropolitan City should establish a practice of supporting weak municipalities in remote areas. However, it is necessary to create a legal basis for this. 

Switzerland is considered one of the most successful democracies in the world. Its main basis is direct democracy. Its citizens are not only voters who vote once in four years, but also co-creators of laws and constitutions (colegislature). Articles 138 to 142 of the Swiss Constitution give citizens such rights.

which is not in any country in the world. In parliamentary practice, the main function of parliament is to make laws. It is also to amend or rewrite the constitution. However, if the work done by the Parliament is not satisfactory, the citizens have the right to directly intervene and improve it in the constitution. Citizens have overturned dozens of laws made by Parliament. have improved. 

Citizens are above Parliament. Parliament consults citizens adequately when making any law. 100,000 citizens can sign and propose a constitutional amendment. There is a provision in the constitution that 50,000 citizens or 8 provinces can make demands regarding any law or treaty. These issues should be put to a referendum.

Referendums are common in Switzerland. Citizens send their opinions through the post. Be it when amending the constitution or taking decisions on important matters including laws, the consent of both citizens and provinces is required. It is also known as 'Double Majority'. Another professor of law at the University of Freiburg said that it balances the federal structure and the voice of citizens. Eva Maria's. She gave examples of many laws made by the Parliament being repealed through the method of direct democracy. 

Switzerland's constitution has been amended about 200 times so far. It has been continuously modified according to the demands of time, society and people. Maria is also of the opinion that if the leadership does not act according to the voice of the people, the citizens themselves will bring them on the right track. He was also of the opinion that the constitution issued in 1848 (177 years ago) was completely rewritten twice (1874 and 1999) according to the voice of the people.

In Nepal, the agreement reached by Congress and UML when they formed the government last year mentioned the speeding up of constitutional amendment and law making. However, they did not break even for a year on the question of constitutional amendment. In fact, Gen-Ji's outrage was not the same. At the time of forming the government, the main problem is the trend of constitutional amendment being the first priority, but not breaking the sync after coming to power.

The constitution of 2047 was also excellent. However, it ended without a single revision. The constitution of 2072 is better than the previous constitution. The Constitution survived because of the wisdom of the Zhenten President. Republic, democracy, federalism etc. are all on track. But the stability is doubtful. If the political parties do not improve and the voices of Jen-Ji are not heard, sooner or later this constitution will also come to an end. 

Although the authority of Singha Darbar is in the province and municipality, the federal government has been creating disruptions in the implementation of the authority. Political parties became centralized, ministers considered the ministry as their own, there was no transparency, brokers and middlemen were everywhere in the state structure. Corruption rampant. The power changed time and again for limited people.

Asepase got priority in political appointments. Due to these and other reasons, frustration was/is increasing among the youth. The Zen-G movement is an explosion of this frustration. They did not just agitate for jobs or economic opportunities. They have demanded the enhancement of good governance, transparency and accountability in governance. He sought the stability of the government. 

The smooth implementation of constitutional rights of provinces and local levels, the participation of citizens and provincial and local levels in planning and budgeting and law making, transparency in governance, the operation of governments and parties based on democracy and law are the major issues at present. Likewise, it is equally important for the lifestyle of the leaders to be simple. Only if this can be done, there will be stability in the governance system. Citizens' trust in leaders increases. 

Switzerland has sustained federalism and democracy by maintaining equality, participation and trust between citizens and provinces. It has given a message that the constitution is not static, it is alive through continuous reform. It is also necessary for Nepal to revise its constitution according to time.

Khimlal

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