NEPAL - STRUCTURE OF GOVERNMENT

INTRODUCTION

Nepal is a Federal Democratic Republic state. The head of the state which is a figure head is the President. Governmental functions are managed by the Prime Minister appointed by the Parliament. The heads of constitutional bodies are appointed by the President through consultation with the Constitutional Council.

THE EXECUTIVE

According to the constitution, the functions of the government of Nepal are carried out in the spirit of people’s movement by political consent and culture of mutual understanding. The Deputy Prime Minister, Ministers, State Ministers and Assistant Ministers can all be appointed by the Prime Minister from among the members of Legislative Parliament through the recommendation of affiliated political parties. However, the Prime Minister is not strictly limited to appointed members chosen from the Legislative Parliament; in accordance with political understanding, the Prime Minister has the freedom to appoint those outside Legislative Parliament as well.

The Prime Minister and Ministers shall be collectively responsible to the Federal Parliament, and the Ministers shall be individually responsible for the work of their respective Ministries to the Prime Minister and the Federal Parliament.

THE LEGISLATIVE

Part 8 of the Constitution talks about the Federal Legislature. According to article 83, there shall be a Federal Legislature consisting of two Houses to be known as the House of Representatives and the National Assembly, which together shall be called the Federal Parliament.

Nepal has a 601 members of Parliament. 240 members are directly elected from each constituency in 75 districts while 335 members are elected on the basis of proportional representation of parties elected in the Constituent Assembly, and 26 members are nominated by cabinet from experts and from indigenous communities that are not represented in the Constituent Assembly.

THE JUDICIARY

The Constitution provides three tiers of Courts, which include the Supreme Court, the High Court (Court of Appeal) and the District Courts. In addition to the above-mentioned courts, judicial bodies may be formed at the local level to try cases under municipal law or other bodies as required to pursue alternative dispute settlement methods. The highest court is the Supreme Court, whose chief justice is appointed by the prime minister on the recommendation of the Constitutional Council. Remaining judges are also appointed by the prime minister, through recommendations given by the Judicial Council. The Supreme Court is the highest court with the power to inspect, supervise, and give directives to the lower courts. There is no distinction between the Criminal and Civil Court other than some basic procedures.

The District Court is the Court of first instance, against the judgment of which the Court of Appeal hears the appeal. Besides, the Constitution provides for establishing special types of courts or tribunals under the judicial control of the Supreme Court to deal with special types of cases, which include four Revenue Tribunals, one Administrative Court, one Labor Court and one special court.