State Re-structuring and Federalism in Nepal by Resham Kandel

undefined
 
 
State Re-structuring and
Federalism in Nepal
 
 
 
 
Resham Kandel
Presentation Outline
 
State restructuring concept and practices
 Principles of federalism and bases of state-
restructuring
 constitutional provisions of power sharing in Nepal
Challenges and opportunities
Way forward
Concept of state re-structuring
 
Re-distribution of state power (political, economic,
administrative) in different tiers of government.
Re- design governance structure and  mechanism.
Political, economic, social and administrative
transformation through decentralized, inclusive and
proportional representation.
Customization and configuration of state machinery.
Out of four components of state, sovereignty and
government are to be restructured.
Approaches of restructuring
 
Devolution of power within unitary system:  France,
Indonesia, Denmark, Sweden, Norway, Japan etc.
Federalism:
Coming together: USA, Canada, Australia
Holding together: South Africa, Ethiopia, Nepal
 
Gradual and Big bang
Why State- restructuring ?
 
To eliminate racial, regional, gender and economic
discriminations to form an equitable and just society
To abolish feudal system
To mainstream marginalized community
To ensure inclusion, diversity management and
development
To logically conclude the peoples’ movement and
To empower the people
Bases of state re-structuring
 
Democracy and sovereignty: Human rights, representation,
free, fair and frequent election, accountability mechanism.
Division of state power
Autonomy and ownership
Service delivery and balanced development
Access and control over resources
Distributive justice
Inclusion and positive discrimination
Unity with diversity
Bases of state re-structuring in Nepal
 
Identity: ethnicity, culture, language, history and
geography
Competency: economic relations and
competence, infrastructure development, natural
resources and access to public services
Components of state restructuring
 
Governance mechanism
Electoral system and representation
Socio economic transformation
Control and ownership over government
Federalism in Nepal
 
Unitary to 
federal
Centralized to 
decentralized
Exclusive to 
inclusive
Top down to 
collaborative
 approach of
development
Power 
transfer
 to power 
sharing
 modality
Features of Nepali federalism
 
Based on 
diversity
 management
Co-operative
 federal model (Inter locked)
Symmetric
 federalism
Triple tier 
federal structure
 
 
 
 
Constitutional Provisions
 
Interrelationship among the tiers of Governments -
Interrelationship among the tiers of Governments -
Vertical and Horizontal (
Vertical and Horizontal (
Judiciary – Unitary system
Judiciary – Unitary system
)
)
 
System
 
 
of Federal Governance
 
13
 
Principle: Cooperation, Co-existence, Coordination
 
14
 
स्थानीय तहमा जनप्रतिनिधित्वको व्यवस्था
 
15
Allocation of competencies
 
Schedule 5- List of exclusive rights of federal
government (35)
Schedule 6- List of exclusive rights of provincial
governments (20)
Schedule 7- List of concurrent rights  (federal and
provincial governments- 25)
Schedule 8- List of exclusive rights of LGs (22)
Schedule 9- List of  concurrent rights (Federal,
Provincial and Local- 15)
Exclusive rights of central level
 
International relationship and co-operation
Monetary related issues
Defense
Custom duty, VAT and Income tax
Mega infrastructures, national policies, plan and
standards.
Central administration
Major roles of provinces
 
Province level policies and plans
Provincial infrastructure development, health,
educational promotion
Taxation like provincial business, transportation and
natural resource based.
Provincial administration and civil police.
Provision of provincial parliament.
Local governance
 
Constitution has envisioned wider roles and
responsibilities to local level.
Direct election of Mayor/ deputy Mayor and Ward
chair/ members
Local assembly as local parliament ( minimum 27 to
maximum162 members based on size and
population of local level)
Cont…
 
Executive Board under the chair of Mayor( 9 to 36)
Representation of women, indigenous, minorities and
backwarded communities.
Women's representation at local level is
overwhelming (i.e. around 41%)
Rights and responsibilities of local
assembly
 
Discussion and approval to local law
Approval of periodic plan, annual program and
budget
Discussion over local issues pertaining to local
development and service delivery.
Rights and responsibilities of local
government ( executive)
 
Drafting and implementation of local plan, policy
and budget
Service delivery : regulatory services, primary
health, agriculture, veterinary, forestry etc
Engagement on development related activities.
Local tax management
Judicial role as mediator.
Inter –Governmental Relation
Inter –Governmental Relation
 
Legislative/ Legal
Executive/ Administrative
Judicial
Financial
Developmental/ Service Delivery
Guiding Laws/ Acts to PGs and LGs
 
Constitution of Nepal
Local Government Operation Act 2074
Public Procurement Act 2064
Inter-Governmental Fiscal Management Act 2074
Model Provincial/Local Planning Guideline 2075
Local Level Planning Directive 2074
Sectoral Acts/ Regulations/
Directives/Guidelines/Standards
Model Acts/ Regulations
Major Challenges and Way Forward
 
Mindsets and common understanding
Institutional mechanisms
 
 
(systems and
procedures) at Provincial and Local Level
Capacity
 
(Individual and Institutional)of Provincial
and local governments
Intergovernmental 
coordination
Local 
Participation
 and 
accountability
 
Slide Note
Embed
Share

State restructuring in Nepal involves the redistribution of power across different tiers of government and the redesign of governance structures to achieve political, economic, social, and administrative transformation. The concept focuses on decentralization, inclusivity, and proportional representation, aiming to customize and configure state machinery. Various approaches to restructuring, including devolution within unitary systems and federalism models, are explored. The goal is to eliminate discrimination, abolish feudal systems, empower marginalized communities, ensure inclusion, and logically conclude people's movements.


Uploaded on Aug 14, 2024 | 0 Views


Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

E N D

Presentation Transcript


  1. State Re-structuring and Federalism in Nepal Resham Kandel

  2. Presentation Outline State restructuring concept and practices Principles of federalism and bases of state- restructuring constitutional provisions of power sharing in Nepal Challenges and opportunities Way forward

  3. Concept of state re-structuring Re-distribution of state power (political, economic, administrative) in different tiers of government. Re- design governance structure and mechanism. Political, economic, social and administrative transformation through decentralized, inclusive and proportional representation. Customization and configuration of state machinery. Out of four components of state, sovereignty and government are to be restructured.

  4. Approaches of restructuring Devolution of power within unitary system: France, Indonesia, Denmark, Sweden, Norway, Japan etc. Federalism: Coming together: USA, Canada, Australia Holding together: South Africa, Ethiopia, Nepal Gradual and Big bang

  5. Why State- restructuring ? To eliminate racial, regional, gender and economic discriminations to form an equitable and just society To abolish feudal system To mainstream marginalized community To ensure inclusion, diversity management and development To logically conclude the peoples movement and To empower the people

  6. Bases of state re-structuring Democracy and sovereignty: Human rights, representation, free, fair and frequent election, accountability mechanism. Division of state power Autonomy and ownership Service delivery and balanced development Access and control over resources Distributive justice Inclusion and positive discrimination Unity with diversity

  7. Bases of state re-structuring in Nepal Identity: ethnicity, culture, language, history and geography economic competence, infrastructure development, natural resources and access to public services Competency: relations and

  8. Components of state restructuring Governance mechanism Electoral system and representation Socio economic transformation Control and ownership over government

  9. Federalism in Nepal Unitary to federal Centralized to decentralized Exclusive to inclusive Top down to collaborative approach of development Power transfer to power sharing modality

  10. Features of Nepali federalism Based on diversity management Co-operative federal model (Inter locked) Symmetric federalism Triple tier federal structure

  11. Constitutional Provisions

  12. Interrelationship among the tiers of Governments - Vertical and Horizontal (Judiciary Unitary system) Federal Cabinet Federal Parliament Federal Judiciary Provincial Parliament Provinci al Provincial Cabinet Judiciary Local Council Local Executive Judicial Committee Local

  13. Systemof Federal Governance Constitution 13 Federal Government (GoN) Provincial Government Local Government DCC Rural/Urban Municipalities Ministries, Departments, Regulatory Bodies Provincial Ministries, Departments, etc. Divisional/Distri ct Offices Federal Offices/ Projects -Division/Section/Unit Service Center - Ward Office Principle: Cooperation, Co-existence, Coordination

  14. Metropolitan Cities -6 Kathmandu, Lalitpur, Bhaktapur, Pokhara, Birgunj, Biratnagar -dxfgu/kflnsf_ Sub-Metropolitan Cities - 11 -pkdxfgu/kflnsf_ 14 / : : : : : Municipalities: 276 -gu/kflnsf _ Rural Municipalities 460 -ufpFkflnsf, s"n j8f #@!^_

  15. 15 ( ( , , ) ) / , , , , . . . . . . .

  16. Allocation of competencies Schedule 5- List of exclusive rights of federal government (35) Schedule 6- List of exclusive rights of provincial governments (20) Schedule 7- List of concurrent rights (federal and provincial governments- 25) Schedule 8- List of exclusive rights of LGs (22) Schedule 9- List of concurrent rights (Federal, Provincial and Local- 15)

  17. Exclusive rights of central level International relationship and co-operation Monetary related issues Defense Custom duty, VAT and Income tax Mega infrastructures, national policies, plan and standards. Central administration

  18. Major roles of provinces Province level policies and plans Provincial infrastructure development, health, educational promotion Taxation like provincial business, transportation and natural resource based. Provincial administration and civil police. Provision of provincial parliament.

  19. Local governance Constitution has envisioned wider roles and responsibilities to local level. Direct election of Mayor/ deputy Mayor and Ward chair/ members Local assembly as local parliament ( minimum 27 to maximum162 members based on size and population of local level)

  20. Cont Executive Board under the chair of Mayor( 9 to 36) Representation of women, indigenous, minorities and backwarded communities. Women's representation at local level is overwhelming (i.e. around 41%)

  21. Rights and responsibilities of local assembly Discussion and approval to local law Approval of periodic plan, annual program and budget Discussion over local issues pertaining to local development and service delivery.

  22. Rights and responsibilities of local government ( executive) Drafting and implementation of local plan, policy and budget Service delivery : regulatory services, primary health, agriculture, veterinary, forestry etc Engagement on development related activities. Local tax management Judicial role as mediator.

  23. Inter Governmental Relation Legislative/ Legal Executive/ Administrative Judicial Financial Developmental/ Service Delivery

  24. Guiding Laws/ Acts to PGs and LGs Constitution of Nepal Local Government Operation Act 2074 Public Procurement Act 2064 Inter-Governmental Fiscal Management Act 2074 Model Provincial/Local Planning Guideline 2075 Local Level Planning Directive 2074 Sectoral Acts/ Regulations/ Directives/Guidelines/Standards Model Acts/ Regulations

  25. Major Challenges and Way Forward Mindsets and common understanding Institutional mechanisms (systems and procedures) at Provincial and Local Level Capacity (Individual and Institutional)of Provincial and local governments Intergovernmental coordination Local Participation and accountability

Related


More Related Content

giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#