NEB Class 11 · Past paper
The complete NEB Class 11 2080 exam paper for Constitutional Law, all 25 questions with solved model answers.
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What is Constitutionalism? / संविधानवाद भनेको के हो ?
Constitutionalism (संविधानवाद) means limited government under a supreme constitution. Its central idea is simple. Power is held on trust. It must be used within fixed legal limits. It must not be used according to the private will of whoever holds office.
Merely having a constitution does not satisfy this principle. A country can have a splendid written document. But if its government keeps ignoring the text, it lacks constitutionalism. The principle needs the government to really act within constitutional limits. Several elements make this real in practice.
First, there must be a supreme constitution. It stands above all ordinary law. It binds the government itself. Second, the rule of law must hold. The state is also under the law. No one is above it, however high their position. Third, there must be separation of powers with checks and balances. This is among the legislature, the executive and the judiciary. It means no single organ gathers all the power. Fourth, there must be an independent judiciary. It must be able to review unconstitutional acts and cancel them. Fifth, there must be guaranteed and enforceable fundamental rights. These protect citizens from the excess of the state. Sixth, there must be a responsible and accountable government. It is chosen through free and fair elections held at regular times.
An example shows constitutionalism at work in Nepal. Suppose a government office refuses to give a citizen a passport out of political spite. The citizen can file a writ of mandamus in court. Mandamus is a court order that tells an office to do its legal duty. Here, an independent court can order a government department to obey the law. That is constitutionalism in action.
The Constitution of Nepal 2015 builds this into its design. Article 1 makes the Constitution supreme. Part 3 holds the fundamental rights. These rights can be enforced in court through the right to constitutional remedy. The Constitution separates the three organs of government. It also sets up independent constitutional bodies. These bodies keep the government in check.
Describe the major features of the Constitution. / संविधानका मुख्य विशेषताहरू बारे चर्चा गर्नुहोस् ।
A constitution (संविधान) is the fundamental law of a state. It is the charter that frames the government. It also guarantees the rights of the people. Its major features are the following.
The first feature is supremacy. The constitution is the highest law. Every other law must follow it. A law that goes against it is void. For example, Article 1 of the Constitution of Nepal 2015 says the Constitution is the fundamental law of the land. So suppose Parliament passed a law that broke the right to equality. The courts could strike that law down.
The second feature is the establishment of government. The constitution creates the legislature, the executive and the judiciary. It sets out their powers. It also sets out how they relate to each other. The Constitution of Nepal 2015 sets up the Federal Parliament. It sets up the Council of Ministers headed by the Prime Minister. It also sets up the Supreme Court.
The third feature is the guarantee of fundamental rights and duties. The constitution secures the basic rights of citizens. It also sets out their duties. In Nepal, the rights are in Part 3. They can be enforced in court through writs such as habeas corpus and mandamus.
The fourth feature is the distribution of power. In a federal state like Nepal, the constitution divides power among the federal, provincial and local levels. This gives three tiers of government. There is one federal government. There are seven provinces. There are 753 local units.
The fifth feature is a fixed amendment procedure. The constitution gives a settled way to change itself. This way is usually stricter than the way ordinary laws are changed. This gives stability. It also leaves room for the constitution to adapt over time.
Taken together, these features show why a constitution is more than an ordinary law. It is the stable framework. All ordinary politics and law-making must work inside it.
Why is a constitution made by a Constituent Assembly considered more democratic? Write in a sentence. / संविधानसभाद्वारा बनाइएको संविधानलाई किन बढी प्रजातान्त्रिक मानिन्छ ? एक वाक्यमा लेख्नुहोस् ।
A constituent assembly is elected directly by the people. Its only purpose is to frame the constitution. So the document it produces rests on the sovereign will and direct mandate of the people. Nepal's Constitution of 2015 is an example, made by the elected Constituent Assembly.
What are the processes to make a Constitution? Discuss any one of them. / कुन कुन प्रक्रियाबाट संविधान निर्माण गर्न सकिन्छ ? कुनै एक प्रक्रियाको बारेमा चर्चा गर्नुहोस् ।
A constitution (संविधान) is the fundamental and supreme law of a state. So the way it is made directly affects its legitimacy. A charter that the people made for themselves, through their representatives, commands a deep loyalty. A charter imposed from above cannot match that loyalty. Four main processes of constitution making are recognised. They are best understood as a scale. The scale runs from the fewest hands to the most.
The first is making by commission. The government appoints a commission of selected persons. They study the country's needs and prepare a draft. The draft is then adopted by the executive or an existing legislature. This method is quick and orderly. It draws on experienced people. But it is weak in democratic legitimacy, because the drafters are appointed, not elected. For example, a charter written by a government-named panel of officials may be competent. Yet citizens may feel the fundamental law was decided for them, not by them. The Rana-era Government of Nepal Act of 1948 was like this. It was prepared without any popular election of its drafters.
The second is making by experts. Legal scholars and jurists are given the drafting. The strength here is technical quality. The text is well drafted and internally consistent. The weakness is that experts have no popular mandate. They may miss the political hopes and social diversity of the people. Think of a technically flawless draft that overlooks the demand for inclusion of marginalised communities. It shows the gap between legal polish and popular legitimacy.
The third is making by a constituent assembly. This is the most important method. A constituent assembly (संविधानसभा) is a body specially elected by the people. Its only job is to frame the constitution. Its members are chosen by the citizens. So the constitution it produces rests on the direct, sovereign will of the people. It is therefore seen as the most democratic. The assembly debates and adopts the text. This usually follows wide public consultation, in which ordinary citizens may submit their views. Nepal followed exactly this path. The Constitution of Nepal 2015 was framed and promulgated by an elected Constituent Assembly. So it is the first constitution in Nepal's history written by the people's own representatives. It established a federal democratic republic with three tiers of government. The democratic quality is concrete. Voters across the country elected the members who then wrote the charter. So the people can treat the 2015 Constitution as their own. The method's only real costs are that it is slower and more expensive. An assembly must first be elected, and then run.
The fourth is making by referendum. The draft is put directly to a popular vote for approval. It is the most direct expression of popular will. It is usually combined with another method. The assembly or commission prepares the draft. Then the people ratify it. This adds a powerful seal of legitimacy. For example, a draft approved by a clear national "yes" carries the backing of the whole electorate. It is not just the backing of a chamber of representatives. But the method has limits. Complex questions are hard to reduce to a single yes or no. So important details may be lost. A national vote is also costly and hard to run.
Now compare the four methods. The dividing line is the directness of the people's participation. A commission and an expert panel keep drafting in few hands. A referendum gives the final decision to all hands. A constituent assembly places the whole act of making in the hands of elected representatives. An elected constituent assembly best reflects the people's will. This is especially true when it is joined with public consultation. That is why Nepal chose it. In conclusion, all four methods have been used in different countries. But the constituent assembly is the most democratic in principle. Nepal adopted it in 2015. That is the chief reason its Constitution is held to be deeply democratic in origin.
Write any two merits of a Unitary Constitution. / एकात्मक संविधानका कुनै दुई गुणहरू लेख्नुहोस् ।
Two merits of a unitary constitution (एकात्मक संविधान) are these. (a) Uniformity of law and administration. A single central government makes one set of laws for the whole country. (b) Strong, quick and economical government. Power is concentrated at the centre. So decisions can be taken without the delays and expense of many layers of government.
Compare between rigid and flexible constitution. / कठोर र नरम संविधान बीच तुलना गर्नुहोस् ।
A rigid constitution (कठोर संविधान) and a flexible constitution (नरम संविधान) differ mainly in how easily they can be changed. That single difference shapes much else about them.
The practical value of rigidity can be seen in Nepal. The Constitution of 2015 is rigid. So a government holding only a simple majority cannot abolish or weaken a fundamental right by a single ordinary vote. It must meet the heavier amendment requirement. This protects the citizen's rights from the mood of a passing majority. By contrast, the United Kingdom is flexible. There, Parliament may alter even constitutionally important rules by an ordinary Act. On balance, Nepal's rigid constitution favours stability and the protection of rights. A flexible constitution favours ease of change.
What is Fundamental Rights? / मौलिक हक भन्नाले के बुझ्नुहुन्छ ?
Fundamental rights (मौलिक हक) are the basic human rights that the Constitution specially guarantees to citizens. The Constitution makes them enforceable in court. So ordinary law cannot take them away. In Nepal they are guaranteed in Part 3 of the Constitution of 2015.
What is the Directive Principles of the State? / राज्यको निर्देशक सिद्धान्त भनेको के हो ?
The directive principles of the state (राज्यका निर्देशक सिद्धान्त) are set out in Part 4 of the Constitution of Nepal 2015. Part 4 also covers the policies and obligations of the state. The directive principles are the guiding principles that shape the long-term direction of the state.
(a) Purpose: They lead the state toward an independent and prosperous society. The society should be socialism-oriented and just. They aim to secure social justice and inclusion. They also aim to secure the welfare of the people.
(b) Scope: They cover political, economic, social, cultural and environmental goals. These range from balanced regional development to protection of the environment.
(c) Nature: Fundamental rights are different. The directive principles are generally not directly enforceable in court. A citizen cannot usually go to court just because a principle is unfulfilled. This is because they are moral and political directions to the government. They are not claims that a court can enforce.
(d) Weight: They are not enforceable in court. Even so, they bind the conscience of the state. They guide how laws and policies are framed. The government must also report regularly on how it is carrying them out. So the legislature and the public can judge something important. They can see whether the state is moving in the promised direction.
Here is an example. The government may make school education free for children of poor families. It may start a programme to bring health services to remote districts. In both cases it is acting on the directive principles. No court ordered it to do so.
The directive principles also work together with the fundamental rights. Rights protect the individual against the state. The directive principles commit the state to positive action. That action is for the common good.
What are the provisions of remedies in the violation of Fundamental Rights according to the Constitution of Nepal? / नेपालको संविधान अनुसार कसरी मौलिक हक हननको उपचार हुने व्यवस्था छ ?
The Constitution of Nepal guarantees the right to constitutional remedy. A person whose fundamental right is violated may go to the Supreme Court or a High Court. These courts can issue suitable orders and writs to enforce the right. Examples of writs are habeas corpus and mandamus.
In which conditions do fundamental rights derogate? Illustrate. / कस्तो अवस्थामा मौलिक हकहरूको हनन् हुन सक्छ ? उल्लेख गर्नुहोस् ।
Fundamental rights are guaranteed. But they are not absolute. The Constitution of Nepal 2015 allows them to be limited or suspended in certain defined conditions. This limiting or suspending is called derogation.
(a) State of emergency (संकटकाल): Nepal may face a grave threat to its sovereignty, territorial integrity or security. The threat may come from war or external aggression. It may come from armed rebellion. It may also come from extreme economic breakdown. In such a case the state may declare an emergency. It may then suspend or limit certain fundamental rights while the emergency lasts. The reason is simple. In a true national crisis the state needs wider powers. It needs them to defend the nation. All rights depend on the nation.
(b) Reasonable restrictions by law: Rights can be limited even in normal times. This applies to freedom of expression, assembly, movement and profession. The law may impose reasonable restrictions on them. It may do so in the interest of sovereignty and integrity. It may do so for public order, decency and morality. It may also do so to protect the rights and reputation of others. Here is an example. A law may forbid a public procession from blocking a hospital's emergency gate. But the law cannot abolish the right to assemble altogether.
There are also safeguards. They make sure derogation does not become a tool of oppression.
So derogation is allowed only in grave and defined situations. Even then it must stay within constitutional limits.
"All human rights are not fundamental rights but all fundamental rights are Human Rights." Present analytical reasoning. / "सबै मानव अधिकारहरू मौलिक हक होइनन् तर सबै मौलिक हक मानव अधिकार हुन् ।" विश्लेषणात्मक तर्क प्रस्तुत गर्नुहोस् ।
This statement draws a careful line between human rights (मानव अधिकार) and fundamental rights (मौलिक हक). Both halves of the statement are correct. To analyse it, we must do three things. First, we must understand each term. Second, we must test each half of the statement. Third, we must see how the two ideas relate.
Human rights are the rights that every human being has simply by being human. They are universal. They are inherent, which means a person is born with them. They do not depend on any state or constitution recognising them. A person holds them whether or not a government writes them down. Natural-law thinking recognises them. International documents also recognise them. One example is the Universal Declaration of Human Rights. Their scope is very wide. They cover civil, political, economic, social and cultural claims.
Fundamental rights are a smaller group. They are those human rights that a particular constitution selects. The constitution guarantees them to its own people. It also makes them enforceable in its own courts. In Nepal they are the rights set out in Part 3 of the Constitution of 2015. They are enforced through the right to constitutional remedy. The Supreme Court and the High Courts issue writs to enforce them.
The first half says "all fundamental rights are human rights." This is true. Every right that a constitution makes fundamental comes from the existing body of human rights. Examples are the right to life, liberty and equality. Another is freedom from torture. A state does not invent these rights out of nothing. It recognises rights that human beings already have. Then it gives them legal force. Take the right against torture in Part 3. It is simply a human right. The Constitution has given it a written form. It has also given it a court-enforced remedy inside Nepal. So fundamental rights are human rights with a constitutional guarantee.
The second half says "all human rights are not fundamental rights." This is also true. A constitution guarantees only some human rights as fundamental. Many human rights are recognised internationally. Some of them may not appear in a constitution's enforceable list. Others may be placed among the directive principles instead. Here is an example. Suppose a welfare entitlement is recognised internationally as a human right. Suppose that in Nepal it is written only into Part 4 as a directive principle. It is not in Part 3. It is still a human right. But it is not a fundamental right that a court can enforce in Nepal. So it is a human right without being a fundamental right.
In analytical terms, fundamental rights are a subset of human rights. A subset is a smaller group inside a bigger group. Fundamental rights are fewer in number. But they are stronger in protection. This is because they carry the force of the constitution and a court remedy.
Human rights form the wider, universal circle. Morality and international law recognise this circle. Fundamental rights form the smaller circle inside it. A particular state has chosen to guarantee and enforce this smaller circle.
Picture two circles, one inside the other. The large outer circle is human rights. The small inner circle is fundamental rights. It sits wholly inside the outer circle. Every point in the inner circle is also in the outer circle. But not every point in the outer circle is inside the inner one.
In conclusion, the statement is logically sound. All fundamental rights are human rights. This is because the state only recognises rights that human beings already hold. But not all human rights are fundamental rights. This is because a constitution enforces only the rights it has chosen to guarantee. In Nepal, Part 3 marks out that chosen and enforceable group. The wider universe of human rights remains broader than any single constitution's list.
Write a short essay on Fundamental Rights and Duties. / मौलिक हक र कर्तव्यको बारेमा छोटो निबन्ध लेख्नुहोस् ।
Fundamental rights and fundamental duties are the two sides of the relationship between the citizen and the state. Fundamental rights (मौलिक हक) are the basic human rights that the Constitution specially guarantees to citizens. The Constitution makes them enforceable in court. Fundamental duties (मौलिक कर्तव्य) are the basic obligations that citizens owe to the nation. Citizens owe them to one another too. A sound constitutional order needs both to be honoured together. Rights cannot survive in a society where nobody accepts the matching duties.
The Constitution of Nepal 2015 guarantees many fundamental rights in Part 3. Here are the main ones.
The Constitution also gives special protection to women, children, Dalits, senior citizens and other groups.
These rights are strong because they are enforceable. The right to constitutional remedy makes this possible. A person whose right is violated may go to the Supreme Court or a High Court. These courts can issue writs. Habeas corpus frees a person who is unlawfully detained. Mandamus forces an authority to do its legal duty.
Here is an example. Suppose a citizen is denied entry to a public facility only because of caste. The right to equality gives the claim. The right against untouchability gives the claim too. The right to constitutional remedy gives the route to a court. The court can strike down the discrimination. This power of enforcement is what separates a fundamental right from a mere statement of policy.
Beside these rights, the Constitution lays down fundamental duties of the citizen. Two examples are showing loyalty to the nation and to the Constitution, and protecting public property.
The link between rights and duties is essential. One person's right to a freedom means every other person has a duty to respect it. Rights can be enjoyed only when citizens also do their duties toward society and the state. Here are two examples. The right to a clean environment can be realised only if citizens accept the duty not to pollute public spaces. The right to move freely on public roads depends on others accepting the duty not to block them unlawfully.
Fundamental rights are also not absolute. The law may impose reasonable restrictions on them. It may do so in the interest of sovereignty, public order, morality or the rights of others. Some rights may also be suspended during a declared state of emergency. Even then some rights stay protected. They cannot be suspended. Examples are the right against torture and the remedy of habeas corpus. This keeps a minimum level of protection even in the gravest crisis. The balance shows an important idea. The Constitution guarantees rights strongly. But people must use them responsibly within the law and with their duties in mind.
In short, fundamental rights protect the dignity, liberty and equality of the individual against the state. Fundamental duties bind the individual to the welfare of the community. The Constitution of Nepal 2015 places the two together on purpose. A healthy constitutional order needs citizens to claim their rights and also to perform their duties. Rights without duties would fall into disorder. Duties without rights would fall into oppression. Held together, they give constitutional citizenship its meaning.
Write a difference between Unitary Governance System and Federal Governance System. / एकात्मक शासन व्यवस्था र संघात्मक शासन व्यवस्थाको कुनै एक भिन्नता लेख्नुहोस् ।
In a unitary system all power is held by a single central government. Any regional or local authority only uses powers delegated by the centre. The centre can change or withdraw those powers. In a federal system power is divided between the central and regional governments by the constitution. Each draws its authority directly from the constitution within its own sphere.
Describe the role of the state organs according to the Separation of Power. / शक्ति पृथकीकरणको सिद्धान्त अनुसार राज्यका कुन कुन अंगहरूको भूमिका उल्लेख गर्नुहोस् ।
The doctrine of separation of powers (शक्ति पृथकीकरण) gives the three functions of government to three separate organs. So no single body holds all power. This protects liberty. Their roles are as follows.
A total separation is impractical. So the organs operate under checks and balances. Each can restrain the others. A clear Nepali example is judicial review. Suppose Parliament passes a law that conflicts with a fundamental right in Part 3 of the Constitution. The Supreme Court can declare that law invalid to the extent of the inconsistency. In the same way, Parliament can remove ministers by a vote of no confidence. It can impeach certain high officials. The executive can issue ordinances when Parliament is not in session. The aim throughout is to prevent the concentration of power. The goal is to protect liberty.
What is federal system of governance? Discuss its composition briefly under the Constitution of Nepal. / संघीय शासन प्रणाली भनेको के हो ? नेपालको संविधान अनुसार यसको गठन प्रक्रिया छोटकरीमा उल्लेख गर्नुहोस् ।
A federal system of governance (संघीय शासन प्रणाली) is a system with a special design. The constitution divides governmental power between a central (federal) government and a set of regional governments. Each level draws its authority directly from the constitution. Each exercises it within its own sphere. Neither can simply abolish the other. It is different from a unitary system. In a unitary system all power rests at the centre. The regions act only on delegation. Federalism has clear purposes. It accommodates diversity. It brings government closer to the people. It allows regional self-rule. It guards against too much power in a single authority.
Under the Constitution of Nepal 2015, Nepal is a federal democratic republic. It has three tiers of government: the federal level, seven provinces, and 753 local units.
At the federal level, the legislature is the Federal Parliament. The executive power is exercised by the Council of Ministers headed by the Prime Minister. The judiciary is headed by the Supreme Court. At the provincial level, each province has a Provincial Assembly as its legislature. It has a provincial Council of Ministers headed by a Chief Minister as its executive. The Governor serves as the head of the province. The Governor is appointed by the President. At the local level, there are rural municipalities and municipalities. Each has an assembly and an executive. Each also has a judicial committee to settle certain local disputes through mediation.
The distribution of power among these tiers is set out in the schedules of the Constitution. It uses lists. There is an exclusive federal list. There is an exclusive provincial list. There is an exclusive local list. There is a concurrent list shared by the federation and the provinces. There is a concurrent list shared by all three levels. Defence, foreign affairs, currency and similar national matters fall to the federal level. Matters of regional concern fall to the provinces. Matters of local concern fall to the local units. Shared matters appear on the concurrent lists. There are rules when laws conflict on a shared subject. Federal law prevails over provincial law. Provincial law prevails over local law. This is to the extent of the inconsistency. Any residual power rests with the federation. For example, suppose a provincial law on a concurrent subject contradicts a federal law on the same subject. The provincial law is void to the extent of that conflict. The rest of it stays in force.
In this way the Constitution of Nepal 2015 builds a genuine federal structure. It divides power among three self-governing tiers. At the same time it preserves Nepal as a single, sovereign and indivisible state. The citizen gains government that is close at hand for local matters. The citizen also gains government that is unified for national ones. That is the essence of the federal system of governance it establishes.
Write the constitutional provisions about the tenure of the President and Vice-President. / राष्ट्रपति र उपराष्ट्रपतिको पदावधिको संवैधानिक व्यवस्थाको बारेमा लेख्नुहोस् ।
Under the Constitution of Nepal 2015 the President and the Vice-President each hold office for a term of five years. A person may hold the office for a maximum of two terms.
Write a cause to file a motion of impeachment against the Chief Justice according to the Constitution of Nepal. / नेपालको संविधान अनुसार प्रधानन्यायाधीशलाई महाअभियोग लगाउन सकिने कुनै एक कारण लेख्नुहोस् ।
One cause to file a motion of impeachment against the Chief Justice is a serious violation of the Constitution and the law. Other grounds include incompetence, misconduct, failure to discharge the duties of office honestly, or physical or mental inability.
Describe the provisions to appoint a Judge according to the Constitution of Nepal. / नेपालको संविधान अनुसार न्यायाधीश नियुक्तीका व्यवस्थाहरूका बारेमा चर्चा गर्नुहोस् ।
The Constitution of Nepal 2015 provides for the appointment of judges. The scheme is carefully designed to protect the independence of the judiciary. It keeps the choice out of the hands of any single political authority.
The reasoning behind this scheme is clear. It stops the executive from packing the courts with its own favourites. The recommendations go to the Judicial Council and the Constitutional Council, not to the Prime Minister alone. Judges' tenure is also protected. So a judge can decide a case against the government of the day without fear for the office. This is what keeps judicial appointments largely free of political control. It safeguards the independence of the judiciary.
What are the functions of the Executive body of the State? / कार्यपालिकाको कार्यहरू के के हुन् ? लेख्नुहोस् ।
The executive body of the state in Nepal is the Federal Council of Ministers (संघीय मन्त्रिपरिषद्). It is headed by the Prime Minister. The executive power of the federation is vested in it. Its main functions are as follows.
Here is an example of the executive at work. Suppose a natural disaster strikes. Then the Council of Ministers directs the administration, the security agencies and relief funds to respond. It is using its duty to maintain order and protect the people. Throughout, the Council is collectively responsible to the House of Representatives. The House can remove it by a vote of no confidence. This accountability to the elected lower house is the central feature of Nepal's parliamentary executive. It is the reason its power, though wide, is never unchecked.
What are the conditions for the appointment of Chief Ministers? / मुख्यमन्त्री नियुक्तीका शर्तहरू के के हुन् ?
Under the Constitution of Nepal 2015, the Chief Minister (मुख्यमन्त्री) heads the provincial executive. The conditions for appointment are very close to those for the Prime Minister at the centre. They are as follows.
A concrete example shows how this works. Suppose no party holds a majority alone after a provincial election. Two or more parties may agree to form a coalition. The Governor then appoints the agreed leader of that coalition as Chief Minister. The reason is that this person can command the confidence of the Assembly.
So the office rests on majority support in the elected Provincial Assembly. This keeps the provincial executive answerable to the elected representatives of the people.
List the significance of the Self-governance System. / स्वशासन प्रणालीको महत्व बुँदागत रूपमा लेख्नुहोस् ।
The self-governance system (स्वशासन प्रणाली) at the local level is set up under the Constitution of Nepal 2015. It is significant for several connected reasons.
A simple example captures the point. Suppose a village footbridge is washed away. The local government can budget for it and rebuild it far faster than a request sent up to the province or the centre. In short, self-governance realises the promise of federalism. It makes government accessible, accountable and responsive at the grassroots.
How does the Judicial Committee deal with petty offences at the local level? Discuss the functions and powers of the Judicial Committee according to the existing Constitution of Nepal. / कसरी न्यायिक समितिले स्थानीय स्तरमा साना अपराधिक कार्यहरूको छिनोफानो गर्दछ ? नेपालको संविधान अनुसार न्यायिक समितिको कार्य तथा शक्तिको बारेमा व्याख्या गर्नुहोस् ।
The judicial committee (न्यायिक समिति) is one of the most innovative features of local government under the Constitution of Nepal 2015. The Constitution sets up such a committee in every local unit. The aim is simple. The small disputes that constantly arise in a community can be resolved within that community itself. There is no need for the cost, distance and delay of the regular courts. It expresses two important goals of the Constitution at once. These are self-governance at the local level, and access to justice for ordinary people.
Composition. The judicial committee is a body of three members. It is coordinated by the Deputy Mayor in a municipality. In a rural municipality it is coordinated by the Vice-Chairperson. The other two members are chosen from among the members of the local assembly. An elected local office-bearer heads it. This ties local justice directly to the elected local government. It keeps local justice answerable to the community.
How it deals with petty matters. The committee does not try serious crimes. Its role is to settle minor and local disputes. These are the kind that regularly arise between neighbours. Examples are small quarrels over land boundaries. There are disputes over the use of water channels, crops and grazing. There are unpaid wages. There is minor damage to property. There are small claims. It handles these within the limits that the law assigns to it. Its characteristic method is mediation and reconciliation (मेलमिलाप). It does not impose a harsh verdict. It brings the two sides together. It encourages them to understand each other. It helps them reach an agreed settlement that both can accept. For instance, suppose two farmers dispute a field boundary. The committee can call both parties and hear them. It guides them to a settlement. This preserves their rights. It also preserves their future relationship as neighbours. Sometimes mediation does not resolve the matter. Then the committee decides the dispute within its jurisdiction. Serious criminal offences lie outside its power. They must go to the District Court and the regular judiciary. Its decisions are subject to appeal to the ordinary courts. This keeps it firmly within the rule of law.
Functions and powers. Its functions are therefore clear. It receives and settles the disputes placed within its jurisdiction. It conducts mediation. It summons the parties and hears them. It issues decisions in those small matters. Its powers are limited and defined. It has no authority over grave crimes. It operates under the supervision of the regular court system through the right of appeal. So a party who is dissatisfied is not left without a remedy.
Significance. The judicial committee realises the ideal of justice at the doorstep. It settles local disputes quickly, cheaply and amicably. It preserves social harmony within the community. It reduces the heavy burden on the District Courts. It makes the local government more than a provider of services. It also makes it a forum of everyday justice. In this way it is a practical and much-praised expression of the self-governance and access-to-justice goals of the Constitution of Nepal 2015.
Briefly discuss the composition and role of the Security Council of Nepal. / नेपालको सुरक्षा परिषदको गठन र कर्तव्यको बारेमा संक्षिप्त चर्चा गर्नुहोस् ।
The National Security Council (राष्ट्रिय सुरक्षा परिषद्) is the high constitutional body for national security under the Constitution of Nepal 2015.
Composition: it is chaired by the Prime Minister. It includes senior ministers, such as those responsible for defence, home affairs, foreign affairs and finance. It also includes the Chief Secretary and the Chief of Army Staff.
Role and duties:
The central importance of this arrangement is clear. It keeps the army and national security under the control of elected civilian authority. That authority is headed by the Prime Minister. Such grave decisions are not left to the military. For example, suppose the army is to be deployed in a serious internal emergency. This could lawfully proceed only on the recommendation of this Council. So the decision remains political. It stays accountable to the people through their elected government. This civilian control of the armed forces is a key safeguard of democracy.
State the importance of the Commission for Investigation of Abuse of Authority. / अख्तियार दुरुपयोग अनुसन्धान आयोगको महत्व बारे दर्शाउनुहोस् ।
The Commission for the Investigation of Abuse of Authority (अख्तियार दुरुपयोग अनुसन्धान आयोग, CIAA) is important for a clear reason. It investigates and prosecutes corruption and abuse of authority by public officials. So it promotes integrity, accountability and clean government.
Mention the importance of the National Inclusive Commission. / राष्ट्रिय समावेशी आयोगको महत्वको बारेमा प्रकाश पार्नुहोस् ।
The National Inclusive Commission (राष्ट्रिय समावेशी आयोग) is a constitutional body under the Constitution of Nepal 2015. Its importance lies in advancing the inclusive character that the Constitution promises for the Nepali state.
An example makes its role concrete. Suppose a particular marginalised community is largely absent from the public services and the organs of the state. The Commission can study the situation. It can recommend measures to secure that community's fair participation. So its significance is clear. It gives institutional backing to the promise of inclusion. It ensures that the benefits of the state reach all communities, not only the dominant ones.