Nascent Federalism in Nepal: An Observational Review in Its Evolution

Authors: Shekhar Parajulee

Abstract:

Nepal practiced a centralized unitary governing system for long and has gone through the federal system after the promulgation of the new constitution on 20 September 2015. There is a big paradigm shift in terms of governance after it. Now, there are three levels of governments, one federal government in the center, seven provincial governments and 753 local governments. Federalism refers to a political governing system with multiple tiers of government working together with coordination. It is preferred for self and shared rule. Though it has opened the door for rights of the people, political stability, state restructuring, and sustainable peace and development, there are many prospects and challenges for its proper implementation. This research analyzes the discourses of federalism implementation in Nepal with special reference to one of seven provinces, Gandaki. Federalism is a new phenomenon in Nepali politics and informed debates on it are required for its right evolution. This research will add value in this regard. Moreover, tracking its evolution and the exploration of the attitudes and behaviors of key actors and stakeholders in a new experiment of a new governing system is also important. The administrative and political system of Gandaki province in terms of service delivery and development will critically be examined. Besides demonstrating the performances of the provincial government and assembly, it will analyze the inter-governmental relation of Gandaki with the other two tiers of government. For this research, people from provincial and local governments (elected representatives and government employees), provincial assembly members, academicians, civil society leaders and journalists are being interviewed. The interview findings will be analyzed by supplementing with published documents. Just going into the federal structure is not the solution. As in the case of other provincial governments, Gandaki also had to start from scratch. It gradually took a shape of government and has been functioning sluggishly. The provincial government has many challenges ahead, which has badly hindered its plans and actions. Additionally, fundamental laws, infrastructures and human resources are found to be insufficient at the sub-national level. Lack of clarity in the jurisdiction is another main challenge. The Nepali Constitution assumes cooperation, coexistence and coordination as the fundamental principles of federalism which, unfortunately, appear to be lacking among the three tiers of government despite their efforts. Though the devolution of power to sub-national governments is essential for the successful implementation of federalism, it has apparently been delayed due to the centralized mentality of bureaucracy as well as a political leader. This research will highlight the reasons for the delay in the implementation of federalism. There might be multiple underlying reasons for the slow pace of implementation of federalism and identifying them is very tough. Moreover, the federal spirit is found to be absent in the main players of today's political system, which is a big irony. So, there are some doubts about whether the federal system in Nepal is just a keepsake or a substantive achievement.

Keywords: federalism, inter-governmental relations, Nepal, provincial government

References:

[1] Whelpton, J., Gellner, D., and Pfaff-Czarnecka, J. (2008). “New Nepal, New Ethnicities: Changes since mid 1990s” in D. Gellner, J. Pfaff-Czarnecka, & J. Whelpton (eds.), Nationalism and Ethnicity in Nepal. Kathmandu: Bajra Publications. Pp- xvii-xlvii.
[2] Hoftun, Martin, Raeper, William and Whelpton, John (1998). People, Politics and Ideology: Democracy and Social Change in Nepal. Kathmandu: Mandala Book point.
[3] Karki, Budhi (2014). “State Restructuring and Federalism Discourse in Nepal” in Budhi Karki and Rohan Adrisinha (eds.), Federal Debate in Nepal. Kathmandu: UNDP. Pp 1-20.
[4] GoN (2015). The Constitution of Nepal. Kathmandu: Government of Nepal, Ministry of Law, Justice and Parliamentary Affairs.
[5] Elazar, Daniel J. (1987). Exploring Federalism. London: University of Alabama Press.
[6] NCEN (2018). Brief Analysis of Provincial Government Budget for the FY 2018/19. Kathmandu: National Campaign for Education Nepal.
[7] Sharma, Rudra (2019). Federal Dispute Settlement in Nepal, India and USA. New Delhi: Adroit Publishers.
[8] PPPC (2075 BS ). Gandaki Pradesh ko Sthiti Patra (Status Paper of Gandaki Province). Pokhara: Provincial Policy and Planning Commission, Gandaki Province.
[9] PPPC (2019). Sustainable Development Goals: Baseline Report of Gandaki Province. Pokhara: Provincial Policy and Planning Commission, Gandaki Province.
[10] Parajulee, Shekhar. (2020). Gandaki Province through Federal Lens: A Review of Challenges and Prospects. Master's Degree Thesis Submitted to Tribhuwan University, Nepal.
[11] Devkota, Khim Lal. (2020). Intergovernmental Fiscal Relations in a Federal Nepal. Atlanta: International Center for Public Policy/Andrew Young School of Policy Studies/Georgia State University.
[12] PPPC. 2077 BS. Pradesh Niti Tatha Yojana Ayogko Barshik Pratibedan Arthik Barsha 2076/77 (Annual Report of Provincial Policy and Planning Commission for the fiscal year 2019/20). Pokhara: Provincial Policy and Planning Commission.
[13] GoN (2075 BS). Adhikar Sampanna Sanghiya Prashasan Punarsamrachana Samitiko Pratibedan (Report of Powerful Committee for Federal Administration Restructuring). Kathmandu: GoN
[14] DRCN (2019). Formation and Functioning of Provincial institutions in the Federal Structure. Lalitpur: Democracy Resource Center Nepal.
[15] Office of the Auditor General. 2077 BS. Mahalekha Parikshak ko Barshik Pratibedan 2077 Gandaki Province (Annual Report of the Auditor General 2020 Gandaki Province). Kathmandu: Office of the Auditor General
[16] The World Bank (2019). Making (De)centralization Work. Washington: The World Bank.
[17] Office of Provincial Finance Comptroller's Office. 2077 BS. Ekikrit Vittiya Bibaran: Arthik Barsha 2076/77 (Integrated Financial Details: Fiscal Year 2019/20).
[18] OCMCM. 2021. Hello CM. Available at http://hellocm.gandaki.gov.np/fullScreenData , accessed on May 2, 2021.
[19] OCMCM (2020). Gandaki Pradesh Sarkarko Dui Barsha (Two years of the Government of Gandaki Province). Pokhara: Office of Chief Minister and Council of Ministers, Gandaki Province.
[20] ICPP (2019). Nepal: Capacity Need Assessment for the Transition of Federalism. Unpublished Report prepared by International Center for Public Policy (ICPP) for Government of Nepal, Ministry of Finance.
[21] Provincial Assembly Secretariat (2076 BS a). Artha tatha Bikas Samiti ko Barshik Pratibedan 2075/76 (Annual Report of the Finance and Development Committee 2075/76). Unpublished Report, Gandaki Province.
[22] Sapkota, Krishna Prasad, Sapkota, Rudra and Koirala, Nabaraj (2076 B.S.). Tahagat Sarkar Bich Adhikar ra Karya Jimmewariko Bandfant. (Sharing of Rights and Functions among Governments). Kathmandu: The Australian Aid and The Asia Foundation.
[23] The World Bank (2017). Nepal Development Update: Fiscal Architecture for Federal Nepal. Washington: The World Bank.
[24] Governance Facility (2018). Federal Nepal- The Provinces: Comparative Analysis of Economic and Administrative Data and Challenges. Kathmandu: Governance Facility.
[25] 25 GoN (2017). Unbundling/Detailing of List of Exclusive and Concurrent Powers of the Federation, the State (Province) and the Local Level Provisioned in the Schedule 5,6,7,8,9 of the Constitution of Nepal Report. Unpublished report prepared by Federalism Implementation and Administration Restructuring Coordination Committee, Government of Nepal.
[26] Anderson, George (2008). Federalism: An introduction. Ontario: Oxford University Press. Pp 21-29.
[27] Sharma, Pitamber (2075 BS). Sanghiyatako Abhyas, Samasya ra Sambhawana. (Practices, Problems and Possibilities of Federalism). Retrieved from https://www.onlinekhabar.com/2019/02/743140 accessed on 12 November 2019.
[28] Chhetri, Vishan (2076 BS). Dababkai Karan 40 Farms Thapiye, 1 Karod Anudan Diene. (40 Farms Added due to Pressure, 1 Crore Grant will be Provided.) Retrieved from https://baahrakhari.com/news-details/194999/2019-05-15?fbclid=IwAR2TJ9sYG0NdYF8uzz6iZyS9eYOQEsatehESUl7_vv2TnEAqiUnkd9fTZUo#.XNwl7R-7HMk accessed on 16 January 2020.
[29] DRCN (2020). The Interrelationship between Three Levels of Governments in Nepal’s Federal Structure. Lalitpur: Democracy Resource Center Nepal.
[30] OCMCM. (2021). Gandaki Pradesh Sarkarka Tin Barsha (Three Years of the Government of Gandaki Province). Pokhara: Office of Chief Minister and Council of Ministers, Gandaki Province.
[31] Shrestha, Rachana (2019). Governance and Institutional Risks and Challenges in Nepal. Philippines: Asian Development Bank.
[32] Onlinekhabar (2076 B.S.). Madhesh Sanga Tarsiyera Hamilai Adhikar Dieyana. (We are not provided Rights Fearing the Madhesh). Retrieved from https://www.onlinekhabar.com/2018/09/707133accessed on 13 November.
[33] Pradhan, Krishna Man (2018). Inter-Province Council: Roadmap to resolution. 13 December. Retrieved from https://thehimalayantimes.com/opinion/inter-province-council-roadmap-to-resolution/accessed on 19 March 2020.
[34] Pandey, Devendra Raj (2009). “Structuring Fiscal Federalism for Democratic Development” in Bhim Prasad Bhurtel (ed). The Political Economy of Fiscal Federalism in Nepal. Kathmandu: Nepal South Asia Centre. Pp 31-59.
[35] Shah, R.K. (2019). Fiscal Federalism in Nepal: Opportunity and Challenges. Research Nepal journal of development studies 2(1): 151- 170.
[36] Bahl, Roy W., Andrey Timofeev and Serdar Yilmaz. (2020). Implementing Federalism: The Case of Nepal. Atlanta: International Center for Public Policy/Andrew Young School of Policy Studies/Georgia State University.
[37] Adhikari, Damodar. (2020). Nepal’s Road to Federalism: From the Perspective of Grassroots Democracy. North Carolina: RTI International.
[38] Khanal, Krishna (2019). "State-Society Covenant at the Subnational Level" in Deepak Thapa (eds.), Politics of Change: Reflections on Contemporary Nepal. Kathmandu: Himal Books for Social Science Baha and The Asia Foundation. Pp 30-53.
[39] Volden, Craig (2004). Origin, Operation, and Significance: The Federalism of William H. Riker. Publius: The Journal of Federalism 34(4): 89-107
[40] Parajuli, John Narayan (2018). Reluctant Federalists. The Annapurna Express, 12 October, Retrieved from https://theannapurnaexpress.com/news/reluctant-federalists-880 accessed on 14 December 2020.
[41] Pradhan, Tika Ram (2019). Provinces warn of legal recourse if Centre fails to address their concerns. The Katmandu post, 4 March, retrieved from http://kathmandupost.ekantipur.com.np/news/2019-03-04/provinces-warn-of-legal-recourse-if-centre-fails-to-address-their-concerns.htmlaccessed on 23 January 2020.
[42] Sapkota, Rewati (2018). PM, chief ministers endorse plan to implement federalism. The Himalayan Times, 19 December. Retrieved from https://thehimalayantimes.com/nepal/prime-minister-chief-ministers-endorse-plan-to-implement-federalism/accessed on 20 March 2020.
[43] DRCN (2019). Functioning of Local and Provincial Governments in Nepal (periodic report 4). Lalitpur: Democracy Resource Center Nepal.
[44] Giri, Anil, Tika R Pradhan and Binod Ghimire. 2021. In a midnight drama, Nepal President dissolves House and calls polls for November 12 and 19, The Kathmandu Post, Retrieved from https://tkpo.st/3ytaNIt accessed on May 23, 2021.
[45] Yilmaz, Serdar, Syed Khaled Ahsan, Gabriel Dedu, Saurav Shamsher J.B. Rana (2020). Transition to Federalism in Nepal. Case Studies in Business and Management 7(1): 1-31.
[46] Bhushal, Thaneshwar (2016). Nepal’s slow shift to federalism. Retrieved from https://www.policyforum.net/nepals-slow-shift-to-federalism/ accessed on June 3, 2021.
[47] International Center for Public Policy in the Andrew Young School of Policy Studies at Georgia State University (2019). Nepal: Capacity Needs Assessment for the Transition to Federalism. Kathmandu: MoFAGA (LGCDP), World Bank and UNDP.
[48] Pokharel, Santosh (2021). NC's Pokharel appointed new Chief Minister of Gandaki Province. myRepublica, 12 June. Retrieved from https://myrepublica.nagariknetwork.com/news/nc-s-pokharel-appointed-new-chief-minister-of-gandaki-province/ accessed on June 13, 2021