There are three main organs of the government. They are: Legislative, Executive and literary. These organs exercise different powers and functions. To run the country smoothly these bodies play a vital role. Parliament is the legislative body of the government. Legislative makes law. The country functions on the basis of these laws. The Council of Ministers or government is the executive body. Executive carries out these laws. Courts and other Judicial institutions are Judiciary. Judiciary ensures that everyone gets Justice. Judiciary punishes the guilty when the laws are violated.
The legislative Is the law making body of the country. To make law is the most important function of the state. The country functions under the laws made by the legislature. The legislative came as an organ of state In 18th and 19th century. In most of the countries the members of the legislative are elected by the people. Constituent assembly is working as the legislature of Nepal at present. Legislative is composed of 601 members. Among them, 240 members are directly elected by the people from 240 constituencies. 335 members are elected through proportional basis ND 26 members are nominated by the cabinet.
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Power and Functions of the Legislative * All the bills are presented in the parliament. After passing the bills by the majority. After his approval, it becomes the law. In this way, all the laws are made In the parliament. * The legislative controls over the finance of the country. Legislative passes the annual budget according to which the government spends money in various tasks. Legislative can raise questions to any work of the government. If the government does not work properly, legislative can withdraw its support and government is dissolved.
In this way the legislative has control over the executive. * If the Chief Justice or any Judge of the Supreme Court is found involved in misconduct or does not perform duties properly, two-thirds majority of the parliament can remove of such Judge or Chief Justice. In this way, legislative controls the Judiciary also. * Legislative can also amend the laws and constitution. Executive The executive Is the law Implementing body of the state. The Council of Ministers or government Is the executive body of a country. Executive makes programs and policies and executes the law passed by the legislature.
In a broad sense, executive means the supreme administrator of the country. There is a provision of executive in Nepal is exercised by the Council of Ministers. The executive works of Nepal are carried out in the Government of Nepal. Formation of Executive ere Prime Minister is appointed on the basis of political consent and in his chairmanship; the Council of Ministers is formed. According to the constitution, the functions of the government of Nepal are carried out in the spirit of people’s movement by political consent and culture of mutual understanding.
The Prime Minister can appoint the Deputy Prime Minister, Ministers, State Ministers and Assistant Ministers from among the members of Legislative-parliament on the recommendation of concerned political party. There is also the provision that according to political understanding, Prime Minister can appoint the person as the Deputy Prime-Minister, Minister, State Minister or Assistant Minister who are not the members of Legislative-parliament. Ere and Functions of the Executive ere function of executive is increasing day by day in this modern age.
There is a lot of work that the executive has to perform. It is the duty of the e executive to maintain law and order in the country. Executive has to fulfill the basic needs of the people like food, shelter, clothing, education and health services. The following are the major functions of the executive: * To run the administration of the country efficiently and provide basic service to the people. Executive makes important appointments and transfers, and controls and supervises all civil and military departments and their subordinates. To maintain law and order and protect the country from foreign invasion. * To impose taxes and run various developments works. * To sign treaties and make good diplomatic relations, depute ambassadors to reign countries. * To present the budget in the parliament and operate it after the approval of the parliament. * To summon, adjourn or postpone the session of the parliament. * To table the draft bill in the parliament for appropriate laws. literary ere Judiciary is one of the most important organs of the government which gives equal Justice to the people using the existing laws.
The legislative formulates law, the executive executes the law whereas the Judiciary interprets the law and punishes the law breakers. Judiciary is an authentic organ to interpret the constitution. Judiciary retests the fundamental rights of people and maintains the rule of law in the country. If there is competent legislative and executive in a country but the Judiciary is not independent and impartial, the constitution cannot function. Democracy will be effective and successful where Judiciary is powerful and impartial because Judiciary is the protector of rights and interests of common citizens.
In fact, Judiciary is the soul of any political system in modern age. The concept of democratic state with rule important role to make Allocation successful and prosperous. For this, the Judiciary must be independent, impartial and competent. There is the provision of Judiciary in part 10 of the Interim Constitution of Nepal-2063. According to the article 100 of the constitution the Judicial power of Nepal is exercised by the courts and Judicial institutions. There are three types of court in Nepal. They are: a. Supreme Court b. Appellate Court District Court a.
Supreme Court Supreme Court is the highest court in the Judicial system of Nepal. All the courts and Judicial institutions except military court are under the Supreme Court. Supreme Court is the court of Record in the sense that its decisions are recorded for perpetual Emory and testimony. There are fifteen Judges including Chief Justice in the Supreme Court. There is a provision of appointing other Judges for temporary period if the number of cases is high. Appointment: Chief Justice is appointed by the President on the recommendation of the Constitutional Council.
Other Judges of the Supreme Court are appointed by the Chief Justice on the recommendation of the Judicial Council. Qualifications: The person who has worked as a Judge in the Supreme Court at least three years is eligible for the appointment of the Chief Justice. The Chief Justice and there Judges of the Supreme Court remain in their posts for six years from the date of their appointment and retire at the age of 65. There is 16 Appellate Courts in Nepal. Appointment: The Chief Judges and Judge of the Appellate Court are appointed by the Chief Justice on the recommendation of the Judicial Council.
Qualification: The person having the following qualifications are eligible for the appointment of a Judge in the Appellate Court: 1 . Graduated in law and worked as the Judge of District Court or worked at least for seven years as the first class gazette officer in Judicial service or 2. Graduate in law and at least ten year experience as senior advocate. 3. At least ten years teaching experience in law, research or worked in any other field of Judicial service. 4. Nepal citizens. There are 75 district courts, one in each district in Nepal.
The Judges of District Court are also appointed by the Chief Justice on the recommendation of the Judicial Council. A Nepal citizen who is graduated in law and has worked at least for three [ears as a gazette second class officer in Judicial service or graduated in law and Nortek as an advocate at least for eight years is eligible for the appointment of the edge of the District Court. Functions of the Judiciary The Judiciary is an independent organ. Democracy becomes stronger if there is an impartial Judiciary in the country.
Everyone must obey the orders issued by that each literary whether it is a common person, organization, or government. The chief functions of the Judiciary are: To give equal Justice to the people. To protect people’s fundamental rights. To punish the guilty and save the innocent. To issue orders to the legislative and executive bodies for any breach of law. To interpret the constitution if there is any controversy. To suggest to the head of state on legal and constitutional matters. Constitutional Organs The constitutional organs are those organs whose formation and powers are described by the constitution.
Actually they function to contribute to the overall implementation of the constitution which is like a system. They are the inseparable organs because they show whether the government’s work are impartial, transparent and full of responsibility or not. 1. Commission for the Investigation of Abuse of Authority (CIA) Part 11 of the Interim Constitution of Nepal 2063 BBS provides that there hall be a commission which will be called Commission for the Investigation of Abuse of Authority. It consists of a Chief Commissioner and such other Commissioner may be required. The Chief Commissioner is the Chairperson of the Commission.
Formation: – The Chief Commissioner and other Commissioners are appointed by the President on the recommendation of the constitutional council. The tenure of their officer is 6 years after the date of appointment. Qualification: – A person is eligible for the office of the Chief Commissioner or a Commissioner if he has following qualification. ) Holds a Bachelor’s Degree from a university recognized by the Government of Nepal. The member of any political party. 2) If he/she is not 3) He/she has at least 20 years of experience in the field of accounting, revenue, engineering, law, development, or research and is a known person. Attained the age of 45 years and have high integrity. 4) If he/she has arena. Some of its basic functions are given below. (1) CIA conducts inquiries and investigation on improper act or corruption alleged to have been committed by a person holding public office. (2) CIA may admonish or recommend, as per its endings, departmental action or any other necessary action against the person who has been found to have abused the authority by committing improper act. (3) CIA may file, if its findings suggest that a person has committed an act of corruption, a case against such person in the court of law. 4) CIA prepares an annual report on activities performed and submits the same to President. The president shall cause such report to be laid before parliament. ) 2. Auditor general According to the Interim Constitution of Nepal 2063, Part 12, there is an Auditor General in Nepal who audits the account the account of the routs, legislative parliament, and all other government and corporate offices. Appointment: – The auditor general is appointed by the President on the recommendation of constitutional council. Its tenure is 6 years after the date of appointment.
Qualifications;- He/she must be holding a Bachelor’s Degree in Management, Commerce or Accounts from a university recognized by the Government Of Nepal, or has worked as a Special Class Officer of the Government of Nepal after successfully completing the Chartered Accountants examination, or has at least twenty years’ experience in the field of auditing; b) He/she must not being a member of any political party immediately before appointment; (c) He/she must having attained forty-five years of age, and (d) He/she must possessing high moral character Powers and Functions:- 1) The accounts of the Supreme Court, Legislature-parliament, Constituent Assembly, Commission for the Investigation of Abuse of Authority, Auditor General, Public Service Commission, Election Commission, National Human Rights Commission, Office of Attorney-General and other offices of Constitutional entities the Nepal Army and Armed Police and the Nepal Police as Well as of all other overspent offices and courts shall be audited by the Auditor General in the manner determined by law. 2) The Auditor General shall be consulted in the matter of the appointment of Auditors for carrying out the audit of any corporate body of which the Government of Nepal owns more than fifty percent of the shares or assets. The Auditor General may also issue necessary directives setting forth the principles for carrying out the audit of such corporate bodies. (3) The Auditor General shall submit to the Prime Minister an annual report on the Nor the office has performed, and the Prime Minister shall make arrangement to vomit such reports to the Legislature-parliament. 3. Public Service Commission Article 125-127 under Part 5 of the Interim Constitution of Nepal Appointment: – The Chief Election Commissioner and the other Election Commissioners and other Election Commission are appointed by the President under the recommendation of Constitutional Council.
Qualification: – (a) He/she must hold a Post Graduate degree from a university recognized by the Government of Nepal, (b) He/she is not a member of any political party immediately before the (c) He/she has attained the age of forty-five years, and possesses high moral character. A) It shall be the duty of the Public Service Commission to conduct examinations for the selection of suitable candidates to be appointed to Civil Service posts. (b) Permanent appointment to any position in the Civil Service which carries the benefit of pension shall not be made except in consultation with the Public Service Commission (c) The Public Service Commission shall be consulted on the general principles to be followed in the course of appointment to and promotion of the Military service, Armed Police Service or Police Service. (d) The Public Service Commission may provide an advice, if requested by any
Public Enterprises, with regard to the prevailing regulations relating to the terms and conditions of service of their employee, and with regard to the general principles to be followed in the course of appointment to, promotion to, and departmental action of such Services (e) Each year, the Public Service Commission shall submit to the Prime Minister an annual report on the work it has performed, and the Prime Minister shall make arrangement to submit such reports before Legislature-parliament. 4. Election Commission Article 128-130 under Part 14 of the Interim Constitution of Nepal 2063 provide a Commission consisting of the Chief Election Commission consisting of the Chief Election Commissioners and up to four Election Commissioners, their appointment and function. Appointment: – The Chief Election Commissioner other Election Commissioners are appointed, the Chief Election Commissioner shall act as the Chairperson of the Election Commission. Their tenure is 6 years from the date of appointment.
Qualification:- (a) He/she must hold a Bachelor’s Degree from a university recognized by the (c) He/she has attained the age of forty-five years and possesses high moral a) The Election Commission shall, subject to the provisions of this Constitution and other laws, conduct, supervise, direct and control the elections to Constituent Assembly, Referendum to be held pursuant to Article 1 57 of this Constitution, and the Local Bodies. For these purposes, the Election Commission shall prepare the electoral rolls of voters. (b) If, after nominations for election to Constituent Assembly have been filed but before the election is completed, a question arises as to whether a candidate is disqualified or has ceased to possess the qualifications set forth in Article 65, a final session thereon shall be made by the Election Commission. (c) The Election Commission may delegate any of its functions, duties and powers to the Chief Election Commissioner, a Commissioner or any employee of the Government of Nepal to be exercised in compliance with the conditions specified. D) Subject to this Constitution, other functions, duties and working procedures of the Election Commission shall be as regulated by law. 5. National Human Right Commission The Interim Constitution of Nepal 2063 provides a National Human Rights Commission in Article 131-133 under Part 15. Accordingly, there is a National Human Right Commission in Nepal, which consists of a Chairperson and four members. Appointment:- They are appointed; the Chief Election Commissioner shall act as the Chairperson of the Election Commission. Their tenure is 6 years from the date of (a) He/she must have a Bachelor’s Degree from a university recognized by the rent of Nepal, (b) He/she high moral character. A) To conduct inquiries into, investigations of, and recommendation for action against the perpetrator of, instances of violation or abutment of violation of the human rights of any person or a group of persons, upon a petition or complaint resented to the Commission by the victim himself or herself or any person on his/ her behalf or upon information received from any source, or on its own initiative, (b) To forward a recommendation to the concerned authority for taking departmental action against the authority, who has the duty or responsibility to prevent the violations of the human rights, failed to perform such duty or responsibility or show recklessness or lack of interest in performing his/her duty, c) To make recommendation if necessary, to lodge a petition in the court, in accordance with the law, against the person who has violated human rights, d) To work Jointly and in a coordinated manner with the civil society to enhance awareness on human rights, annual report on the works it has performed in accordance with this Constitution, and the Prime Minister shall make arrangement to submit such reports before Legislature-parliament. 5.
Attorney General Part 16 of the Interim Constitution of Nepal 2063 has a provision of Attorney General which gives advice and opinion on legal matters to the government of Nepal. Appointment:- The Attorney General is appointed by the President on the recommendation of Prime Minister. Qualification:- (a) He/she should be less than 65 years and must have worked as a Judge of a Supreme Court for at least 3 years. (b) He/she must have worked as a Judge of Appellate Court or similar kind of post of Judicial service for 7 years or must have experience as first class gazette officer of Judicial service for 12 years or have worked as senior advocate for at least 15 years.
Powers and Functions:- 11) The Attorney-General shall be the Chief Legal Advisor to the Government of Nepal. It shall be the duty of the Attorney-General to give opinions and advice on institutional and legal matters to the Government of Nepal and to such other authorities as the Government of Nepal may specify. (2) The Attorney-General or officers subordinate to him/her shall represent the Government of Nepal in suits in Inch the rights, interests or concerns of the Government of Nepal are involved. Unless this Constitution otherwise requires, the Attorney-General shall have the right to make the final decision to initiate proceedings in any case on behalf of the Government of Nepal in any court or Judicial authority. 3) In the course of charging his/her official duties, the Attorney-General shall have the right to appear before any court, office or authority of Nepal. (4) In addition to the functions, duties and rights as set out in this Article, the other functions, duties and rights of the Attorney-General shall be as determined by this constitution and other laws. (5) The Attorney-General shall, every year, prepare an annual report on the works he/she has performed in accordance with this constitution and other laws, and submit it to the Prime Minister, and the Prime Minister shall make arrangements to present the same to the Legislature Parliament.