The missing 'S' of federalism

In federalism, unity, bitterness, and exaggeration should be replaced with coordination, cooperation, and coexistence.

Jestha 10, 2083

bikhyat khatri

The missing 'S' of federalism

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Literally, the word structure of federalism begins with an ‘S’, but the essence is built with three ‘S’ – coordination, collaboration and coexistence. These three words are the cornerstones of federalism. It has been a decade since federalism came to Nepal, but these cornerstones have not been strengthened. The three levels of government are unable to be autonomous in their powers, there is no cooperation and coordination between governments on common issues, and even with the advent of federalism, a centralized mentality seems to dominate the state structure. Even after a decade of practicing federalism, there has been little cooperation expected of the people. During this time, it has not been possible to harmonize public sentiment and aspirations with theoretical changes in practice. Due to this, we have not been able to achieve the expected and desired achievements from federalism.

The prerequisite for the effectiveness of federalism all over the world is cooperation, coordination and coexistence. In a country like the United States, where states have formed a federation, these pillars are the first stage of their state building, which has simultaneously promoted regional autonomy and the quality of power. When federalism came to Nepal, the intention was to ensure the effectiveness of autonomous rights, unified cooperation in common objectives and plans, and harmony in the operation of power. But since the understanding and debate on federalism is limited to the distribution of power and autonomy, the only main issue in our country is the inevitability of single rights. The issue of inter-level and intergovernmental coordination and cooperation is neglected at all levels.

The debate on federalism is finally focusing on self-governance, while issues such as collaborative governance and intergovernmental coordination are still not in the debate. Therefore, the essence of federalism seems to have been lost. In the meantime, the federation had the responsibility to formulate the necessary laws related to the implementation of federalism. Similarly, the local and provincial governments had to cooperate and coordinate constructively. There was also a responsibility to create and use an integrated mechanism for inter-level and intergovernmental coordination and to adapt the power of the state from a single authority to an integrated local context and needs. But work has not been done in these aspects.

The arrangement and status of the three ‘Cs’

In the past decade, there were challenges in coordination and cooperation when different parties were in power at different levels, and now there is a growing fear that this bitterness and challenge will increase when different parties are in power at the federal and other levels. Article 232 of the Constitution of Nepal has provided that the intergovernmental relations between the Union, Provinces and local levels should be based on the principles of coordination, cooperation and coexistence. Which seems to have created a clear roadmap for the use of state power by placing the single and common authority of all three levels in the Schedule to the Constitution. There is a problem in the practical implementation of this roadmap. When the federal government sees itself as the only government, it is not found to be interested in formulating laws related to federalism and guaranteeing the rights of other levels. The mechanisms for periodic dialogue for coordination and cooperation are in confusion. The Union, Provinces and Local Levels (Coordination and Interrelation) Act, 2077 BS gave legal form to the relationship of cooperation, coordination and coexistence, but its effectiveness has been limited due to the infrequent meetings of the National Coordination Council.

It seems that while the local levels and provinces are using their sole authority to bring creative and relevant programs, they are busy taking sole credit instead of making the programs common and effective through intergovernmental and inter-level coordination and collaboration. In the past few years, there have been incidents where the federal police and the municipal police have come face to face due to conflicts between the powers and areas of work of governments. This shows that there is more friction than harmony and coordination in our federal structure. Recently, when the Government of Nepal issued a circular stating that this year's education will start from 21 Baisakh, various municipalities and even the Kathmandu Valley Mayors Forum started education according to their own terms, claiming that it was their sole right. It seems that the three 'S' mentioned in federalism have disappeared from the minds of the governments.

In the past decade, there was a challenge in coordination and cooperation when different parties were in power at different levels, and now there is a growing fear that this bitterness and challenge will increase even more when different parties are in power between the federal government and other levels. The tendency of the federal government to try to operate other levels in accordance with central policies through circulars has now become an established principle. In this way, the federal government's persistence in running a rigid state, the denial of authority to other levels, and the exaggeration rather than cooperation when exercising authority have weakened and weakened the effectiveness of our federalism.

The way forward - Restoration of the 'S'

As federalism is devoid of meaning, this system has not been able to provide the benefits it should have. Therefore, the way forward is to restore the spirit of coexistence, cooperation and coordination. Unity, bitterness and exaggeration in federalism should be replaced with coordination, cooperation and coexistence. Through that, a model of inter-level and inter-governmental cooperation should be established. Policies and plans should be formulated. For this, first of all, the current constitutional spirit and legal structure should be implemented. The National Coordination Council, as provided for by the Union, Provincial and Local Levels (Coordination and Interrelation) Act, 2077, should meet periodically and there should be cooperation for annual policy formulation and budgeting for integrated development projects.

Currently, the conservation and development work that has reached the limits of one municipality ends when the limit is reached, which should be carried out jointly in both municipalities through cooperation. Which helps in the effectiveness of the project and the spirit of federalism. Similarly, the obstacles in the constitution should be identified and all levels should be involved in removing the obstacles. In this process, the Federation should limit itself to the role of facilitation while looking at the issue of autonomous rights of other levels liberally. The right to cooperation should be made clearer.

Similarly, the role of the National Natural Fund and the Finance Commission should be made coordinating. Through which the autonomy of governments at different levels should be ensured. That paves the way for cooperation even in the formulation of integrated policies. Now, the narrative that the concept of federalism is only about the sharing of power and autonomy should be broken. Instead, there should be unified commitment on policy issues and coordination on sustainable development through cooperation at different levels and inter-levels. Ultimately, all 761 governments at all three levels should consider themselves to be common servants of the people.

जेन-जी अभिमत

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