Constitutional Bodies of Nepal
Exam Snapshot
Constitutional bodies are frequently tested in the TU LLB entrance for their independence, appointment process, functions, and constitutional articles. Focus on identifying their core mandates and avoiding common distractors related to their powers or jurisdiction. Many questions involve identifying which body handles a specific issue or recalling their count.
Core Concept
Constitutional bodies are independent institutions established by the Constitution of Nepal (2015) to safeguard good governance, human rights, social justice, and financial accountability. They operate free from executive interference to ensure checks and balances.
Nepal Law Anchors
- Constitution of Nepal (2015): Establishes 13 constitutional bodies in Parts 21 to 27.
- Appointment: By the President on the recommendation of the Constitutional Council.
- Council Chair: Prime Minister.
- Tenure: 6 years.
- Removal: Only via impeachment (2/3 majority of Parliament).
Key Constitutional Bodies
- CIAA (Part 21): Abuse of Authority.
- Auditor General (Part 22): Audit.
- Public Service Commission (Part 23): Government recruitment.
- Election Commission (Part 24): Elections.
- National Human Rights Commission (Part 25): Human rights promotion.
- National Natural Resources and Fiscal Commission (Part 26): Revenue distribution.
- 7 Specialized Commissions (Part 27): Women, Dalit, Inclusion, Indigenous Nationalities, Madhesi, Tharu, Muslim.
Confusable Terms
| Feature | Constitutional Body | Statutory Body |
|---|---|---|
| Establishment | Constitution of Nepal | Act of Parliament |
| Removal | Impeachment (2/3 majority) | Per the relevant Act |
| Status | High independence | Dependent on the Act |
MCQ Traps
- "Number of bodies?" Answer: 13.
- "Appointment authority?" Answer: President (on Constitutional Council recommendation).
- "Constitutional Council Chair?" Answer: Prime Minister.
- "Tenure?" Answer: 6 years.
- "Is District Administration Office (DAO) constitutional?" FALSE. It is executive.
Example
Question: Which body recommends revenue distribution between federal, provincial, and local governments? Answer: National Natural Resources and Fiscal Commission.
Memory Hook
Think of "PACERS + 7 Inclusion Commissions":
- Public Service Commission, Auditor General, CIAA, Election Commission, Resources & Fiscal Commission, Specialized (Human Rights) + the 7 Inclusion commissions.
Quick Revision
- Total: 13.
- Constitutional Basis: Parts 21-27.
- Tenure: 6 years.
- Removal: Impeachment.
- Role: Independent oversight.