Organs of State and Government Bodies
Exam Snapshot
Nepal's state machinery is organized into three organs of state (Executive, Legislative, Judiciary) and supported by Constitutional Bodies (Part 27) and Administrative/Governmental Bodies (Ministries, Departments).
Core Concept
- Organs of State: The primary branches defined by the Constitution (Legislature, Executive, Judiciary).
- Constitutional Bodies: Independent entities created by the Constitution (e.g., CIAA, Election Commission) with fixed tenure and functional autonomy to protect democratic values.
- Government/Administrative Bodies: Entities under the direct purview of the Executive (Ministries, Secretariats, Departments) tasked with policy implementation and service delivery.
Nepal Law Anchors
- Article 75: Executive power of Nepal.
- Part 27 (Articles 238-257): Provisions for Constitutional Bodies.
- Article 258: Provisions regarding other state/governmental bodies.
MCQ Traps
- Confusion: A common trap is classifying the National Planning Commission as a 'Constitutional Body'. It is an advisory governmental body, not a constitutional one.
- Removal: Constitutional bodies have protection against arbitrary removal (impeachment/parliamentary process), whereas heads of administrative departments serve at the pleasure of the Executive.
Quick Revision
| Feature | Constitutional Bodies | Executive Government Bodies |
|---|---|---|
| Creation | Constitution (Part 27) | Statute/Executive Order |
| Tenure | Fixed by Constitution | Determined by Government |
| Autonomy | High (Independent) | Low (Administrative Control) |
| Examples | CIAA, Election Comm. | Ministries, Departments |