Federal Structure of Nepal: Three Tiers and Schedules 5–9
Exam Snapshot
Nepal's federal structure, especially the three tiers of government and the distribution of powers across Schedules 5-9, is a high-yield area for the TU LLB entrance. Expect questions on specific powers belonging to each tier and the constitutional articles defining this structure.
Core Concept
Federalism in Nepal, established by the Constitution of Nepal 2015, is a three-tier governance system:
- Federation (संघ)
- Province (प्रदेश)
- Local Level (स्थानीय तह)
Article 4 declares Nepal a federal democratic republican state, and Article 56 formally structures this federal system. These tiers exercise state power independently within their constitutionally defined spheres, while Article 232 mandates that relations between them are based on cooperation, coexistence, and coordination.
Constitutional Basis
- Article 56(1): Explicitly defines the three tiers: Federation, Province, and Local Level.
- Article 56(2): Specifies 7 Provinces.
- Article 56(4): Defines the Local Level as Rural Municipality (गाउँपालिका), Municipality (नगरपालिका), and District Assembly (जिल्ला सभा).
Nepal Law Anchors: Schedules 5-9 (Power Distribution)
The Schedules are crucial for understanding the division of state powers. Mastering these is key for MCQs.
| Schedule | Tier(s) | Power Type | Key Examples (for recall) |
|---|---|---|---|
| Schedule 5 | Federation (संघ) | Exclusive | Defence, Foreign Affairs, Currency, Central Banks, Customs, Federal Civil Service |
| Schedule 6 | Province (प्रदेश) | Exclusive | Provincial Police, Provincial Civil Service, Internal Trade, Provincial Statistics |
| Schedule 7 | Federation + Province | Concurrent | Criminal and Civil Procedure, Education, Health, Transport (non-federal/provincial roads) |
| Schedule 8 | Local Level (स्थानीय तह) | Exclusive | Basic & Secondary Education, Local Market Management, Local Roads, Rural Water Supply |
| Schedule 9 | Federation + Province + Local Level | Concurrent | Cooperatives, Social Security, Environmental Protection, Disaster Management |
Confusable Terms
- Exclusive Powers: Powers solely exercised by one specific tier (e.g., Federal list in Schedule 5).
- Concurrent Powers: Powers that can be exercised by more than one tier (e.g., Federal and Provincial in Schedule 7; Federal, Provincial, and Local in Schedule 9).
MCQ Traps
- Misattributing powers: An MCQ might list a power (e.g., 'Provincial Police') and ask which schedule/tier it belongs to. Incorrectly selecting Schedule 5 (Federation) is a common trap.
- Incorrect number of provinces/tiers: Ensure you recall 3 tiers and 7 provinces.
- Relations among tiers: Remember the '3 Cs': Cooperation, Coexistence, Coordination (Article 232).
Example
Question: Which level of government is exclusively responsible for foreign affairs under the Constitution of Nepal 2015? Options: A) Provincial Level B) Local Level C) Federal Level D) Both Federal and Provincial Levels
Correct Answer: C) Federal Level (Refer to Schedule 5).
Memory Hook
Think of the Schedules like 'power-sharing menus'.
- 5-Federation's Five-star Menu: Big, national items like defence and currency.
- 6-Provinces' Local Six-pack: Provincial police and internal trade.
- 7-Federal & Provincial Heaven: Shared major areas like education and health.
- 8-Local Level's Eight-minute tasks: Basic services like local roads and markets.
- 9-Everyone's Niche: Cooperatives, disaster management – things everyone touches.
Quick Revision
- Tiers: Federation, Province, Local Level (Article 56(1))
- Provinces: 7 (Article 56(2))
- Local Level Components: Rural Municipality, Municipality, District Assembly (Article 56(4))
- Schedules: 5 (Fed Exclusive), 6 (Prov Exclusive), 7 (Fed+Prov Concurrent), 8 (Local Exclusive), 9 (Fed+Prov+Local Concurrent)
- Relations: Cooperation, Coexistence, Coordination (Article 232)
- Key: Match powers to their correct schedule/tier!