Constitutional Bodies of Nepal: Structure & Mandate
Exam Snapshot
Constitutional bodies are crucial for governance, human rights, and social justice in Nepal. Expect MCQs on their establishment (Constitution of Nepal, 2072), specific mandates, composition, tenure, and removal processes.
Core Concept
Constitutional Bodies are independent institutions directly established by the Constitution of Nepal, 2072 (2015), primarily under Parts 21 to 27. Their independence is safeguarded by constitutional provisions concerning appointment, qualifications, tenure, and removal.
- Appointment: By the President on the recommendation of the Constitutional Council.
- Tenure: Generally six years (non-renewable).
- Removal: Impeachment by the Federal Parliament.
- Accountability: Annual reports to the President/Parliament.
Nepal Law Anchors
- Constitution of Nepal, 2072: Parts 21 to 27 outline their establishment, functions, duties, and powers.
Key Constitutional Bodies and their Mandates
| Body | Part/Articles | Primary Mandate | Composition |
|---|---|---|---|
| CIAA | Part 21, Arts. 238–239 | Investigate corruption/improper conduct. | Chief + up to 4 |
| Auditor General | Part 22, Arts. 240–241 | Audit of government accounts. | One Auditor General |
| PSC | Part 23, Arts. 242–244 | Recruitment/Civil service advice. | Chairperson + up to 4 |
| Election Commission | Part 24, Arts. 245–247 | Conducts elections; voter lists. | Chief + up to 4 |
| NHRC | Part 25, Arts. 248–250 | Human rights promotion/protection. | Chairperson + up to 4 |
Confusable Terms
- Constitutional Body vs. Statutory Body: Constitutional bodies are established directly by the Constitution. Statutory bodies are established by ordinary laws (Acts) passed by Parliament.
- CIAA vs. Police: CIAA investigates corruption by public officials; Police investigate general criminal offenses under the Muluki Criminal Code.
MCQ Traps
- Removal Process: It is always impeachment by Federal Parliament, not the President or Judiciary alone.
- Reporting: Reports go to the President, who then presents them to the Federal Parliament.
- Composition: CIAA has up to 4 Commissioners in addition to the Chief.
Example
Question: Which constitutional body is responsible for conducting the final audit of the Supreme Court and Federal Parliament accounts? Answer: Auditor General.
Memory Hook
Think of Constitutional Bodies as the "Watchdogs of Democracy" mandated by the Constitution (Part 21-27).
Quick Revision
- Basis: Constitution of Nepal, 2072, Parts 21-27.
- Tenure: Generally 6 years.
- Removal: Impeachment by Federal Parliament.
- Reporting: Annual reports via President to Parliament.
- Key Bodies: CIAA, Auditor General, PSC, Election Commission, NHRC.