Constitutional Bodies (Civic Awareness)

Unit 5: CIVIC AWARENESS

Lesson 4: Constitutional Bodies

Introduction:

To run various state affairs, the state makes the provision of some authorities in the constitution along with their formation, functions, duties and power and required qualification of chief and officials. They are constitutional bodies.

(The constitution of Nepal has provisioned constitutional bodies from part 21 to 26)

Qualification for the Chiefs and officials:

a.     Having attained the age of forty-five years.

b.     Not being a member of any political party at the time of appointment.

c.      Being of high moral character, and

d.     Having attained enough academic qualification, experience and appropriate criteria in related the field as mentioned in the constitution.

Constitutional bodies:

a.     Commission for Investigation of Abuse of Authority (CIAA):

Part 21, Articles 238-239 of the present constitution of Nepal mentions the provisions related to CIAA for the investigation of abuse of authorities consisting the Chief Commissioner and other four commissioners who are appointed by the President on the recommendation of Constitutional Council for the term of six years. It checks the corruption in government offices at present it is willing to investigate even private sectors which is not guaranteed by law yet.  

Functions of CIAA

1.     To prevent authority abuse and check corruption in the country,

2.     To conduct enquiries investigations of improper conduct or misuse of authority by a person holding any office except the Nepal army,

3.     To submit an annual report of its work to the president.

b.     Auditor General:  

In part 22 of the constitution of Nepal, there is a provision of Auditor General of Nepal. On the recommendation of the constitutional council, the president appoints the Auditor General.

          Functions of Auditor General 

1.     To audit all the government accounts of government offices like the Supreme Court, parliament, Nepal army.

2.     The auditor general may also issue necessary directives setting forth the principles for carrying out the audit of such corporate body.

c.      Public Service Commission:  In part 23 of the constitution of Nepal, there is a provision of Public Service Commission of Nepal, the chairperson and four other members appointed by the President on the recommendation of Constitutional Council. 50% of the members are appointed from among the civil servant who has served for two years or more in government service and the rest are appointed from the field of science, technology, arts etc.

Functions of Public Service Commission

1.     To conduct examinations for the selection of suitable  candidates to be appointed to the civil post,

2.     It conducts written examinations to be given for appointment to the offices of Nepal Army, Nepal Police, Armed Police Force and other federal government services and bodies corporate,

3.     To conduct all the procedures like interviews, examinations, every year. 

d.     Election commission:

There is a provision of the election commission in part 24 of the constitution which shall be of six years and  consist of a Chief Commissioner who acts as the chairperson and four other Commissioners appointed by the President.

Functions of Election Commission

1.     To conduct, supervise, direct and control election in local and national level,

2.     To provide electoral rolls, ballot papers and to provide necessary human powers and other support required to conduct election successfully.

3.     The Election Commission holds a referendum on a matter of national importance pursuant to this Constitution and Federal law, 

e.     National Human Rights Commission:

There is a provision of the National Human Rights Commission in part 25 of the Constitution which consists of a Chairperson and other four members who are appointed by the President. The term of National Human Rights Commission is for 6 years from the date of appointment.

Functions of National Human Rights Commission

1.     To protect and guarantee human rights,

2.     To identify the violation and misuse of human rights and to rescue the victims who are suffering through the violation.

3.     It also collaborates with Civil society to spread awareness on human rights, 

f.       National Natural Resources and Fiscal Commission:

 In part 26 of the constitution, there is a provision of a National Natural Resources and Fiscal Commission consisting one Chairperson and other four members appointed by the President. The term of office of the chairperson of the National Natural Resource and Fiscal Commission shall be of sis years.

Functions of National Natural Resource and Fiscal Commission

1.     Determines the basis and modality for distribution of revenues between Federal, Provincial and Local Government,

2.     It researches on possible disputes that may arise between the Federation, Provinces and Local levels and makes suggestions to act in a coordinated manner. 

Dismissal from the post

Any person appointed in the post as the chief or official in the constitutional bodies are dismissed from the post on the following circumstances:

a.     If s/he tenders resignation in writing to the President,

b.     If 65 years of age is attained (except the chief and officials of NHRC),

c.      If a motion of impeachment is passed against him or her,

d.     The president on the recommendation of constitutional council removes a member if s/he is unable to hold the office may be due to mental or physical illness,