Executive (CIVIC AWARENESS)

Unit 5: CIVIC AWARENESS

Lesson 2: Executive

Introduction

Executive body is also called the council of ministers; is the law implementing body of the state. Among the three important organs of the nation (Legislative, Executive, Judiciary) Executive body plays a vital role in national development as it has to work on the field. There are three levels of executives in Nepal federal Executive at the center, Provincial Executive at province and Local Executive at the local level.

Federal Executive: Federal executive is the higher executive of the country that has authority over the federal government or the whole country. The prime minister is the head of the council of ministers in federal executives and other ministers are members of it.

Executive power of federal Executive: The power is vested in the Council of Ministers with the responsibilities such as; issuing general directives, controlling and regulating the government of Nepal.

Constitution of Council of Ministers:

1. Leader of Parliamentary party is appointed by the president, s/he commands a majority in the House of representative as a Prime Minister and  Council of Ministers under his/her chairpersonship,

2. In case no party has clear majority under clause (1), the President appoints a member as the Prime Minister who can command with support of two or more parties,

3.    If Prime Minister can’t be appointed under clause (2), then the  party leader which has the highest number of members is appointed as the prime minister,  

4.     The Prime Minister appointed under clause (2/3) shall obtain a vote of confidence in no later than 30 days of appointment,

5.     In case the Prime Minister under clause (3) fails to obtain the vote of confidence, any member under clause (2) presents a ground where s/he can obtain a vote of confidence and the President shall appoint such member as prime minister,

6.     That Prime Minister under clause (5) shall obtain a vote of confidence under clause (4),

7.   In case s/he fails to secure vote of confidence, the President shall dissolve the house of representative and appoint a date of election to another house of representative,

8.    Procedures on the appointment of the Prime Minister must be completed within thirty-five days after the final result of the election of house of representative,

9.     The President shall constitute the Council of Minister comprising a maximum of twenty-five ministers (deputy prime minister, minister, minister of state and assistant minister) including the prime minister

10.   The Prime Minister and Ministers shall be responsible to the Federal Parliament and the Ministers shall be individually responsible for the work of their respective Ministries to the Prime Minister and the Federal Parliament,

Function of Executive

1.     Administrative function

      The main function of the executive is to implement the laws formulated by the legislature. It also prepares the policies and programs of state and maintains good governance in the country.

2.     Diplomatic function

The executive determines the foreign policy, extends the relation with other countries makes treaties and agreement and also appoints the ambassadors to foreign countries.

3.     Financial function

The executive is responsible for financial mobilization of the country. It imposes taxes, introduce budget and mobilize the revenue and take loans if needed.

4.     Military function

Executive controls mobilize and manages the Nepalese Army to provide security to the state from being attacked by the internal and the external fractions. It protects the country from all possible foreign attacks and maintains peace and law in order. The president can appoint or remove the chief of army force office on the recommendation of the Council of Ministers; the president is the supreme commander-in-chief of the Nepal army.

 

Provincial Executives: In Nepal, there are 7 Provincial executives which are the higher authority of the state and they have authority within their own state. Chief Minister is the head of the Council of Minister. Every state has its own provincial executives.

Executive power of provincial.

The executive power of a province is vested in the provincial council of ministers with the responsibilities for issuing general directives, controlling and regulating the governance of the province.

Composition of the provincial council of ministers

The chief of the province appoints the leader of the parliament party commanding majority in the provincial assembly as chief minister and the state council of ministers is constituted under his/her chairpersonship.

 Local Executive

Nepal has been divided into 7 provinces, 77 districts and 753 local level (local governments) among them there are 460 Gaunpalikas (Rural municipality), 276 Municipalities, 11 sub metropolises and 6 metropolises. (Till 2077 BS) it is the matter of upgrade.

Executive power of local level

The executive power is vested in Rural Municipal Executive or the Municipal Executive with the responsibility for issuing general directives, controlling and governing the Rural Municipality. There is a chairperson in each Rural Municipality and a mayor in each the municipality and the Rural Municipal Executive and municipal executive are formed under their chairpersonship respectively.

President of Nepal

The president is elected by an electoral college comprising the Parliament of Nepal and the members of the provincial legislatures. A law shall determine the weight of each of their votes.

Whoever receives a majority of the delegates' votes is elected. If no one receives a majority in the first round, runoffs are held between the top two candidates until one receives a majority.

The term of office of President shall be five years. The qualifications to become qualified as the president are:

1.     Being qualified to become a member of federal parliament,

2.     Having completed the age of at least forty-five years, and

3.     Not being disqualified by any law,

A person elected twice as the president shall not become a candidate in the election. In the absence of the president, the vice-president shall fulfil the duty of the president.