Constitutional Law · Chapter 10
Study notes aligned to the official NEB syllabus.
The Constitution of Nepal 2015 creates a number of constitutional bodies. These are independent offices and commissions. They are established directly by the Constitution. They perform specialised functions free from political interference. Their independence is protected in several ways. The heads are usually appointed by the President on the recommendation of the Constitutional Council. They enjoy security of tenure. They can be removed only through impeachment. They act as important checks on government. They are guardians of good governance, merit, fairness and inclusion. There is a reason they are placed in the Constitution and not created by ordinary law. It puts them beyond the easy reach of the government of the day. A body whose existence and independence rest on the Constitution cannot be abolished or captured by a passing majority.
The leading investigation body is the Commission for the Investigation of Abuse of Authority (अख्तियार दुरुपयोग अनुसन्धान आयोग, CIAA). It is the constitutional anti-corruption watchdog. It can investigate and prosecute cases of abuse of authority and corruption (भ्रष्टाचार) by persons holding public office. It exposes and prosecutes corrupt officials. So it promotes integrity, accountability and clean administration. Here is an example. Suppose a public official demands a bribe to issue a licence. The applicant is lawfully entitled to that licence. This is exactly the kind of abuse of authority the CIAA can investigate. Where the evidence warrants, it can prosecute before the court. The Constitution also allows the government to form other commissions of inquiry. These investigate particular matters of public concern as they arise.
The Auditor General (महालेखापरीक्षक) is a constitutional authority. It audits the accounts of the federal, provincial and local governments. It also audits constitutional bodies and public offices. The Auditor General examines how public money has been spent. It checks whether the money was spent lawfully, economically and for the purposes approved. It reports the findings to the appropriate body. This office safeguards the proper use of public funds. It strengthens financial accountability. For example, suppose a government department spends money outside its approved budget heads. Or suppose it spends without proper procedure. The Auditor General's audit will flag the irregularity in its report. So the matter can be questioned and corrected. All three tiers of government are audited. So the office helps keep the whole federal system financially honest.
The Election Commission (निर्वाचन आयोग) is an independent body. It is responsible for the conduct, management and supervision of elections. These include elections to the Federal Parliament, the provincial assemblies, the local levels, and the offices of President and Vice-President. It prepares and updates the voter roll. It registers political parties. It supervises the election process. It works to ensure that elections are free, fair and credible. Fair elections are the foundation of democracy. So the Commission's independence is vital. Suppose the body that ran elections were under the control of the ruling party. Then the result could never be trusted. Here is a practical example. The Commission manages a general election. It registers parties and candidates. It maintains the voter roll. It oversees polling and the count. So the outcome reflects the true choice of the voters.
The Public Service Commission (लोक सेवा आयोग) is a constitutional body. It conducts examinations. It selects candidates for appointment to the civil service on the basis of merit. It ensures open, competitive and merit-based recruitment. So it keeps the bureaucracy professional, impartial and free from political favouritism. It also advises the government on matters relating to the civil service. The familiar example is the open competitive examination. It is commonly known as the Lok Sewa examination. Through it, young people across the country compete for government posts. Selection is by examination and merit. It is not by connection or party loyalty. So the civil service is staffed by qualified officers. Ordinary citizens have a fair chance at public employment.
The Attorney General (महान्यायाधिवक्ता) is the chief legal adviser to the Government of Nepal. It is the highest law officer. The Attorney General is appointed by the President on the recommendation of the Prime Minister. The Attorney General holds office at the Prime Minister's pleasure. The office advises the government on legal and constitutional questions. It represents the government in the courts. It has the authority to decide, on behalf of the government, whether to prosecute cases in the courts. For example, suppose the government faces a legal challenge. Or suppose it must defend its actions in the Supreme Court. Then the Attorney General and the office under the Attorney General appear and argue for the state. So the Attorney General defends the legal interests of the state. It upholds the rule of law in the conduct of government.
Other inclusive and constitutional bodies. The Constitution establishes further constitutional bodies. These protect and include specific groups and interests. They include the National Human Rights Commission, the National Women Commission, the National Dalit Commission and the National Inclusive Commission. They also include the Indigenous Nationalities Commission, the Madhesi Commission, the Tharu Commission and the Muslim Commission. There is also the National Natural Resources and Fiscal Commission. Together these bodies give institutional backing to the Constitution's promise of an inclusive and just state.