Constitutional Law · Chapter 9
Study notes aligned to the official NEB syllabus.
A state must be able to defend itself against external threats. It must also maintain internal peace and order. Without security, neither rights nor laws can be enjoyed in practice. The Constitution of Nepal 2015 provides for the security agencies that carry out these tasks. It also places them under civilian, constitutional control. So the forces of the state serve the elected government and the people. They do not become a power unto themselves. The agencies are arranged according to the kind of threat they meet. There is intelligence and policy at the top. There is defence against external attack. There are the graded forces that maintain internal order.
The National Security Council (राष्ट्रिय सुरक्षा परिषद्) is a high constitutional body. It advises on and directs the overall security policy of the nation. In particular, it directs the mobilisation, operation and use of the Nepal Army. It is chaired by the Prime Minister. It includes senior ministers, such as those of defence, home, foreign affairs and finance. It also includes the Chief Secretary and the Chief of Army Staff. Its key role is clear. The Nepal Army can be mobilised only on the decision and recommendation of the Council. This ensures that the use of the army is controlled by elected civilian authority, not by the military itself. The reasoning is a basic principle of democracy. The gravest instrument of state force is the army. It is placed in the hands of the elected Prime Minister and Council. It is not left to generals. For example, suppose a situation ever required the army to be deployed in support of internal security. That deployment could lawfully happen only through the Council's recommendation. This keeps the decision political and accountable.
The Nepal Army (नेपाली सेना) is the national defence force. It protects the sovereignty, territorial integrity and independence of Nepal against external aggression. It does more than defence. It assists in disaster relief and development works. When lawfully mobilised, it helps maintain internal security. The army is kept firmly under civilian control. It is mobilised only on the recommendation of the National Security Council. The President is its supreme commander. The President appoints the Chief of Army Staff on the recommendation of the government. Here is a clear example of its wider role. Suppose a major earthquake or flood strikes. The army is deployed to rescue people, clear debris and deliver relief. It acts under the direction of the civilian government, not on its own initiative.
The Nepal Police (नेपाल प्रहरी) is the principal civil force. It maintains law and order. It prevents and investigates crime. It enforces the law. It controls traffic. It protects the life, property and rights of citizens in day-to-day life. It operates under the Ministry of Home Affairs. It is the force with which ordinary citizens interact most directly. Effective policing is essential to the rule of law. Rights and laws are only as secure as their everyday enforcement. For example, suppose a theft or an assault is reported. The Nepal Police registers the complaint. It investigates. It brings the suspect before the court. So it turns the law on paper into protection in practice.
The Armed Police Force (सशस्त्र प्रहरी बल) is a paramilitary force. It stands between the civil police and the army. It handles tasks that need more strength than ordinary policing. But these tasks fall short of military action. It controls armed insurgency and serious internal disturbances. It manages large-scale riots. It guards borders and vital installations. It assists in disaster response. It too operates under the Ministry of Home Affairs. Its place in the ladder of force is easy to see. Imagine a scenario of serious public disorder. The ordinary police cannot contain it on their own. But it does not warrant calling out the army. Here the Armed Police Force is the appropriate graded response. It restores order without using the national defence force.
The National Investigation Department (राष्ट्रिय अनुसन्धान विभाग) is the state's intelligence agency. Its role is to collect, analyse and supply intelligence. This covers matters affecting national security and the interests of the state. It covers both internal and external matters. So the government can anticipate and respond to threats before they mature. It works quietly in support of the other security agencies. It supports the government's security decision-making. It provides the information on which sound security policy depends. For example, it gathers and assesses information about a possible threat to public safety. This lets the government and the other agencies act in good time. They do not have to wait until after harm has occurred.