CIAA — Composition, Jurisdiction, and the Special Court (Articles 238–239)
Exam Snapshot
The Commission for the Investigation of Abuse of Authority (CIAA) is Nepal's apex constitutional body fighting corruption. Under Part 21 (Articles 238 and 239) of the Constitution of Nepal, the CIAA's authority is strictly confined to investigating and prosecuting corruption (improper conduct was stripped in 2015). It files its cases in the Special Court, and appeals from there lie directly to the Supreme Court.
Core Concept
- Composition (Article 238): Consists of a Chief Commissioner and four other Commissioners (total 5 members). They are appointed by the President on the recommendation of the Constitutional Council.
- Tenure and Age Limit: The tenure of office is 6 years from the date of appointment. The retirement age is 65 years.
- Qualifications: Must hold a Master's degree, have at least 20 years of experience in fields like law, accounting, revenue, engineering, development, or research, be at least 45 years old, and not be a member of any political party.
- Jurisdiction (Article 239): Authorized to conduct inquiries and investigations into any abuse of authority committed through corruption by a person holding a public office.
- Exclusions: The CIAA cannot investigate actions of officials of the Judiciary (managed by the Judicial Council), military personnel acting under the Army Act, or matters where the Parliament has designated other special bodies.
- Special Court Linkage: When a case is established, the CIAA files a charge sheet in the Special Court established under the Special Court Act, 2059.
Nepal Law Anchors
- Article 238, Constitution of Nepal: Provisions regarding the establishment, qualifications, and appointment of the CIAA.
- Article 239, Constitution of Nepal: Functions, duties, and powers of the CIAA (focusing solely on corruption).
- Prevention of Corruption Act, 2059 (भ्रष्टाचार निवारण ऐन, २०५९): Substantive and procedural definitions of corruption offences prosecuted by CIAA.
- Special Court Act, 2059 (विशेष अदालत ऐन, २०५९): Governs the constitution, jurisdiction, and procedures of the Special Court.
Confusable Terms
| Agency / Concept | Prime Focus | Jurisdictional Limit |
|---|---|---|
| CIAA (अख्तियार) | Public Office Corruption | Excludes Judges, Army, and private commercial sector |
| National Vigilance Center (सतर्कता केन्द्र) | Preventive measures & supervision | Under OPMCM; has no power to prosecute, only investigates |
| Special Court (विशेष अदालत) | Trial & adjudication | Hears corruption (CIAA) and money laundering (DMLI) cases |
| Judicial Council (न्यायपरिषद्) | Judicial Corruption | Deals internally with allegations against judges, NOT the CIAA |
MCQ Traps
- The "Improper Conduct" (अनुचित कार्य) Trap: The 1990 and 2063 Constitutions allowed the CIAA to investigate "improper conduct" (abuse of administrative discretion). The 2015 Constitution removed this power. Today, the CIAA can only investigate corruption. Do not tick "improper conduct" as a current CIAA power.
- The Appeal Trap: Appeals against decisions of the Special Court do not go to the High Court. They lie directly to the Supreme Court of Nepal within 35 days of the judgment.
- Private Sector Bribes: CIAA has no constitutional jurisdiction over private individuals or private businesses unless they are colluding with a public official to misappropriate state resources.
Example
If a Secretary of the Ministry of Land Reforms accepts a bribe to illegalize public land, this is a corruption act. The CIAA conducts a raid or investigation, detains the official, and files a corruption case in the Special Court.
Conversely, if the Secretary simply delays a file or behaves rudely (improper conduct / administrative delay), the CIAA cannot file a corruption case. It must refer the matter to the concerned departmental head for administrative action.
Memory Hook
CIAA 5-6-45: 5 members total, 6 years of tenure, 45 years minimum age, 0 jurisdiction over improper conduct.