With the formation of the new government, public expectations have also reached a high point. Due to political instability, corruption, administrative delays and weaknesses in service delivery, citizens have become more aware of the demand for good governance. In such a situation, the government should prioritize transparency, accountability, rule of law and effective service delivery.

Good governance is not limited to policy declarations but should be implemented in practice, only then can public trust be restored and the basis for sustainable development be prepared. I have already discussed the key element of good governance, transparency, in an article titled ‘Open Government Partnership for Good Governance’ published on Chaitra 22. Here, I have analyzed the issue of rule of law and participation.

Rule of law

Rule of law is the backbone of good governance. In any democratic system, the law is supreme and all organs of the state (executive, legislature and judiciary) must be subject to it. In Nepal, its constitutional basis has been clearly established by the Constitution of Nepal, which provides equal protection of the law, access to justice and guarantees of fundamental rights. But in practice, the full implementation of the rule of law still seems to be challenging.

Its constitutional basis in Nepal is clearly established by the Constitution of Nepal, which provides equal protection of the law, access to justice and guarantees of fundamental rights. But in practice, the full implementation of the rule of law still seems to be challenging. Although there is a principle of legal equality in Nepal, its practical application is uneven. In many cases, powerful and influential people tend to evade or delay the legal framework. The economically and socially weaker sections are forced to struggle to get justice. The long time it takes from case registration to the final decision, high costs and procedural complexity have alienated ordinary citizens from the justice system. This is proving in practice the principle that ‘justice delayed is justice denied’.

To strengthen the rule of law, it is essential that the judiciary be independent, impartial and competent. In Nepal, the Supreme Court, High Courts and District Courts exercise judicial power. However, the debate on judicial independence has been raised from time to time, especially on the issue of the appointment process of judges, political influence and administrative management. If the judiciary is not fully independent and transparent, the rule of law risks weakening.

Another important aspect related to the rule of law is effective law enforcement. Even though good laws have been made in Nepal, there is a weakness in their implementation. For example, although modern legal structures such as the National Criminal Code 2074 and the National Civil Code 2074 have been implemented, there is a lack of necessary resources, manpower and training for their effective implementation. It is difficult to strengthen the rule of law without improving the police investigation system, the capacity of government prosecutors and court administration.

International indices have also placed the state of the rule of law in Nepal at a medium level. According to the ‘Rule of Law Index’ published by the ‘World Justice Project’, Nepal often falls in the medium category, where there is a need for improvement, especially in the areas of ‘civil justice’ and ‘criminal justice’. This indicates that there are still weaknesses in access to justice, control of corruption and the quality of law enforcement.

Expanding access to justice is another important aspect of strengthening the rule of law. The problem of difficulty in accessing courts, lack of legal aid, and lack of procedural information for citizens in rural areas is widespread. For this, it is necessary to strengthen the free legal aid system and expand the role of the Nepal Bar Association and other legal aid organizations. In addition, alternative dispute resolution (ADR) such as mediation and arbitration can be encouraged.

A digital justice system is also the need of the day. If the case registration, hearing, and adjudication process can be conducted digitally, it can speed up the resolution of cases. Although some courts in Nepal have recently started online services, it is still in its early stages. By expanding it, a transparent and speedy justice system can be built.

The rule of law is not ensured by the legal structure alone. This requires political commitment, institutional strengthening, and social awareness. Unless the belief that no one is above the law is established in practice by all individuals, from rulers to the common people, the foundation of good governance cannot be strong. Therefore, it is imperative for the new government to strengthen the rule of law through judicial reform, effective law enforcement, and ensuring equal justice.

Citizen Participation

The essence of democratic governance lies in the active participation of citizens. In order for any policy or program to be in line with the needs and aspirations of the people, it is essential to include citizens in the policy formulation, implementation and monitoring process. In Nepal, its constitutional basis has been ensured by the Constitution of Nepal, which has prioritized inclusive democracy, participatory governance and local autonomy.

After the implementation of the federal structure, the opportunities for citizen participation through local levels have increased significantly. The Local Government Operation Act, 2074, which was implemented for the operation of local government, has made provisions to ensure direct participation of citizens in the planning, budgeting and implementation processes. For example, there is a provision to organize ‘ward meetings’ at the ward level while formulating the annual plan and collect suggestions from local residents.

However, in practice, these provisions have not been fully effective. Citizen participation is limited to formalities in many places. Problems such as the participation of only a limited number of people in ward meetings, information does not reach them on time and the decision-making process is predetermined. This has created a situation of ‘participation in name only’ rather than real participation. The participation of women, Dalits, indigenous peoples and other marginalized communities in particular is still low, which poses a challenge to the goal of inclusive governance.

International indices also measure the state of citizen participation. Nepal ranks at a moderate level in the ‘Voice and Accountability’ indicator under the World Bank’s World Wide Governance Indicators. This indicates that although citizens have the freedom to express their opinions, effective participation in the decision-making process is still limited.

To make citizen participation effective, mechanisms such as public hearings, public consultations and social audits need to be institutionalized and made mandatory. The practice of social audits in Nepal has been successful in some areas, especially in local development projects, but its regularity and quality still need to be improved. If a mandatory social audit is carried out in every public project, both transparency and accountability can be improved.

The practice of social auditing in Nepal has been successful in some areas, especially in local development projects, but its regularity and quality still need to be improved. The use of digital technology can also play an important role in expanding citizen participation. Citizens can easily express their opinions through digital participation platforms, online suggestion systems, mobile apps and social media. Although some local levels have started using digital media, it is still in its early stages. Citizen participation can be made more widespread by expanding digital access, increasing internet accessibility, and increasing digital literacy.

The role of civil society and non-governmental organizations is also important here. Organizations such as Transparency International work to raise awareness among citizens, monitor the government, and raise their voices in policymaking. Although various civil society organizations are active in Nepal, their influence needs to be further strengthened. Citizen participation is not ensured only through legal provisions or programs; for this, an open-minded government, citizen awareness, and an environment of trust are necessary.

Only when citizens believe that their voices will be heard and decisions will be made based on them, will they actively participate. Therefore, the new government should implement participatory governance and adopt an inclusive policy that includes the voices of all classes and communities. Only in this way can the decision-making process become truly people-oriented, transparent and accountable, which is the cornerstone of good governance.