English - Support to Participatory Constitution Building in Nepal ...

II. 2.
II. 3.
There was unanimity towards
adopting a parliamentary system
at the provincial level
• Provincial government: Chief
Minister would be elected by
provincial legislature. (Committee
for the Determination of the Form
of Government).
• Provincial Legislature: A
35-member unicameral legislature
to be elected by a mixed electoral
system with equal weight to both
FPTP and PR. Those elected by
PR should be inclusive of social
groups (Committee for the Form
of Legislature).
• Provincial Judiciary: Appointment
of Chief Justice and Judges of
provincial courts by a special
committee (decided by High Level
Task Force).
• Provincial Administration: One
administrative system but
recognition of two structures
(central and provincial) at
three levels, giving priority in
recruitment to the people of
the concerned province/area
(Committee for the Determination
of the Form of Government).
• Two-tiered political/administrative
structure at the provincial level:
provincial and local government
and special structures.
Division of Power between center,
province and local government/
autonomous regions
• 30 items under the jurisdiction
of the center (including defense,
security and foreign affairs, foreign
aid and international trade, currency
and national revenue, central level
administration, fiscal management,
and other services etc.).
II. 4.
• 28 items under the jurisdiction of
the province (including provincial
level administration, fiscal
management, taxation and other
services).
• 27 items under concurrent list
between the center and the
province.
• 20 items under the jurisdiction of
the local government.
• 20 items under the jurisdiction of
the autonomous area.
• The CSRDSP’s
proposal seems to be guided by the
principle of centralized federalism as
its proposals provide for:
1. Residuary power vesting in the
center.
2. One constitution, not many
constitutions.
3. Power of the center to dissolve
provincial government and
legislature.
4. Subordinate role of Upper House
(a house of provinces).
5. Constitutional Court – the final
body of dispute resolution – under
central jurisdiction.
6. A provision of mandatory
approval by 2/3 majority of central
legislature for revision of name
and boundary of province and
autonomous areas.
7. Centralized revenue collection
and distribution system.
Provisions for self rule are vague
and ambiguous
1. Right to self determination is
granted to indigenous groups,
indigenous nationalities and
Madheshis, and is limited to the
4 Federalism Dialogues Series 5