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Constitutional Organs

Subject: Social Studies

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Overview

The arranged institutions made in the constitution of a country in order to carry out additional functions are called constitutional organs. This note has information about the constitutional organs.

Constitutional Organs

The arranged institutions made in the constitution of a country in order to carry out additional functions are called constitutional organs. Legislature, executive, and judiciary only cannot handle every sector required for the well-being of the nation. So, some of the bodies are included in the constitution to carry out daily administration:

Commission for the Investigation of Abuse of Authority (CIAA)

Provision in the Constitution: There is the provision of CIAA in part 21 of the Nepal Constitution.

Formation and Appointment: There's a chief commissioner and other commissioners who are appointed by the President on the recommendation of Constitutional Council.

Tenure: The minimum age required is 45 years. Their tenure is 6 years and the retirement age if 65 years.

Qualification:

  1. Should be a graduate from a recognized university.
  2. Should not be affiliated with any party during the time of appointment.
  3. At least 20 years experience in the field of accounting, revenue, engineering, law, etc.

Functions:

  1. To prevent the abuse of authority and check corruption in the country.
  2. To conduct inquiries and investigations of improper conduct or misuse of authority by a person holding any office except the Nepal Army.
  3. To submit an annual report of its work to the President.

 

 

 

Auditor General

 

Provision in the Constitution: There is the provision of Auditor General in Part 22 of the Nepal Constitution.

Formation and Appointment: The Auditor General is appointed by the President on the recommendation of Constitutional Council.

Tenure: The minimum age required is 45 years. Their tenure is 6 years and the retirement age if 65 years.

Qualifications:

  1. Should be a graduate in management or account from a recognized university or should have passed the examination of Chartered Accountant.
  2. Must have worked as a special class officer of Nepal Government or 20 years experience in accounting.
  3. No party affiliation during the appointment time.
  4. Must have high integrity.

Functions:

  1. To audit all the government accounts of government offices like Supreme Court, Parliament, Nepal Army, etc.
  2. To recommend the appointment of auditors for carrying out the audit of any corporate body including corporation where the government has 50% of shares or assets.

 

 

Public Service Commission

Provision in the Constitution: There is the provision of Public Service Commission in Part 23 of the Nepal Constitution.

Formation and Appointment: There's a chairman and other members who are appointed by the President on the recommendation of Constitutional Council. 50% of the members are appointed from among the civil servants who has served for 2 years or more in government service. Rest are appointed from renowned personalities in the field of science, technology, arts, etc.

Tenure: The minimum age required is 45 years and their tenure is 6 years.

Qualifications:

  1. Should be a post graduate from a recognized university.
  2. No party affiliation during the appointment time.
  3. Must have high integrity.

Functions:

  1. To conduct examinations for the selection of suitable candidates to be appointed to civil posts.
  2. To conduct all the procedures like interviews, examinations, etc. every year and recommend them in suitable positions of government service.
  3. To provide an annual report to the President.

 

 

Election Commission

Provision in the Constitution: There is the provision of Election Commission in Part 24 of the Nepal Constitution.

Formation and Appointment: There's a chief election commissioner and other commissioners who are appointed by the President on the recommendation of Constitutional Council.

Tenure: The minimum age required is 45 years and their tenure is 6 years and the retirement age is 65 years.

Qualifications:

  1. Should be a post graduate from a recognized university.
  2. No party affiliation during the appointment time.
  3. Must have high integrity

Functions:

  1. To conduct, supervise, direct and control election in local and national level.
  2. To prepare electoral rolls, ballot papers, etc. and to provide necessary human powers and other support required to conduct election successfully.

 

National Human Rights Commission

Provision in the Constitution: There is the provision of National Human Rights Commission in Part 25 of the Nepal Constitution.

Formation and Appointment: There's a chairman and other four members who are appointed by the President on the recommendation of Constitutional Council.

Tenure: The minimum age required is 45 years and their tenure is 6 years.

Qualifications:

  1. Should be a post graduate from a recognized university.
  2. No party affiliation during the appointment time.
  3. Must have high integrity.

Functions:

  1. To respect, preserve and promote human rights in the country.
  2. To identify the violation of human rights, victims who are affected by the violation and rescue as well as compensate them.
  3. To apply other rights and encourage others to fulfill their duties.

 

National Natural Resources and Fiscal Commission

Provision in the Constitution: There is the provision of Attorney General Part 26 of the Nepal Constitution.

Functions:

  1. To give suggestions to the state and local government regarding the budget or donations received from any source.
  2. It also gives plans to increase the GDP.
  3. It also studies and gives reports on the natural resources use and distribution.
  4. It prepares plans for preventing conflicts regarding the use of local natural resources.
Things to remember
  • The arranged institutions made in the constitution of a country in order to carry out additional functions are called constitutional organs.
  • Some of the bodies included in the constitution to carry out daily administration are Commission for the Investigation of Abuse of Authority (CIAA), Auditor General, Public Service Commission, Election Commission and Attorney- General.
  • There are a chief commissioner and other commissioners who are appointed by the President on the recommendation of Constitutional Council.
  • It includes every relationship which established among the people.
  • There can be more than one community in a society. Community smaller than society.
  • It is a network of social relationships which cannot see or touched.
  • common interests and common objectives are not necessary for society.
Videos for Constitutional Organs
Ballot papers to be delivered within the first week of November
Caught red handed for taking bribe
Constitutional council names Karki CIAA chief
EC begins registration of political parties
EC to prepare voter ID cards with photos within 5 months
Intro to Poitical Parties
Nepal Elections Give Voice to Democracy
Nepali Election Commission Press Conference
Political Party Functions
Public expectation from CIAA
Questions and Answers

Among other constitutional organ of Nepal, I prefer National Human Rights commission as important because it helps in investigating, promoting, preserving the human rights of the people of our country.

The major function of the Attorney General is to work as the legal advisor of the government.

I am very confident that it would bring innovative ideas and voice of minor groups, tribes, etc. would be addressed.

For the election purpose, the political parties of Nepal should submit their fund and their income source to the Election Commission of Nepal.

It is a good provision provided by the Election Commission that the political parties should clarify their income sources compulsory because it keeps them transparent in financial matters and avoids the use of black money.

The Commission for Investigation of Abuse of Authority has processed to establish its regional offices at the level of development region and deploys an independent workforce to control corruption up to people's level. I think it is a very appreciable work of the CIAA that it may successfully minimize corruption cases to the lowest.

I got an opportunity to watch an interview of the chief commissioner of the Commission for Investigation of Abuse of Authority. He said, "Themain obstacle of the national development is corruption and unless it is uprooted the development of our country is not possible. It cannot be eliminated by the efforts of people are government alone." Indeed his statements were suitable to the situation. One of the main obstacles of development is corruption and it should be eliminated by the efforts of people and the government.

The Commission for Investigation of Abuse of Authority conducts inquiries and investigations of improper conduct of corruption by a person holding a public position. If the commission finds inquiry that the person has committed an act definced as corrupt, it can take action against such a person in a court of law the according to the law in order to punishment of forward a recommendation to the concerned authority in writing to take departmental or other necessary action.

The functions of the Commission for Investigation of Abuse of Authority are:

  1. It conducts inquiry and investigation of improper conduct by employees of the public offices except the army.
  2. It investigates and inquires corruption.
  3. It takes action against a corrupt person.
  4. It submits an annual report to Prime Minister.

Commission for Investigation of Abuse of Authority is a constitutional organ to discourage and control corruption of the abuse of authority. It investigates any public office and takes appropriate action as a result of investigation.
CIAA has been actively doing work nowadays. It has taken two former ministers into custody on the charge of corruption. It has also filed the case against them in the Supreme Court. The common people of Nepal have welcomed this step of CIAA.

If I were Home Minister, I would accept it as a great opportunity along with a challenge. Home Ministry is considered as a very sensitive and a responsible ministry in any nations. Within a periphery/border of a country, maintaining peace, order and security is it's main responsibility which is threatened by serious crimes, conflicts, violence, etc. For a smooth development of a country; these things become a great obstacles and hindrances.
As a home minister, I would do some things listed below:

  1. I would first give strong command to the police officers to mobilize their manpower and make a regular follow-up through their network of communication.
  2. I would try to address upon the tribal issues, if these things are made provision in constitution and well implemented by the state, a less number of crimes will occur.

The arranged institutions made in the constitution of a country in order to carry out additional functions are called constitutional organs.

In our constitution, there has been a clear provision of constitutional bodies. These bodies are independent, autonomous, authorized to conduct and support the government's day to day administration. Apart from the three organs i.e. Legislative, Executive and Judiciary of government they function with coordination to each other to run the effective day to day administration of the government.
Almost same was in the provision of the constitution of Nepal 2047 with the same functions but according to the change in political atmosphere of the country, the constitutional organ called the Raj Parishad was dissolved long with the advent/achievement of Loktantra 2062/2063. There are 6 constitutional organs mentions in the interim constitution 2063. They are:

  1. CIAA (Commission for Investment of Abuse of Authority)
  2. AG (Attorney General)
  3. PSC (Public Service Commission)
  4. AG (Auditor General)
  5. NHRC (National Human Right Commission)
  6. EC (Election Commission)

The arranged institutions made in the constitution of a country in order to carry out additional functions are called constitutional organs. Legislature, executive and judiciary only cannot handle every sector required for the well-being of the nation. So, some of the bodies are included in the constitution to carry out daily administration:

Commission for the Investigation of Abuse of Authority:

Provision in the Interim Constitution:There is the provision of CIAA in part 11(Article 119-121) of the Interim Constitution of 2063.

Formation and Appointment:There is a chief commissioner and other commissioners who are appointed by the President under the recommendation of Constitutional Council.
Tenure:The minimum age required is 45 years. Their tenure is 6 years and the retirement age if 65 years.
Qualification

i. Should be a graduate from a recognized university.

ii. Should not be affiliated to any party during the time of appointment.

iii. At least 20 years experience in the field of accounting, revenue, engineering, law, etc.

Functions
i. To prevent the abuse of authority and check corruption in the country.
ii. To conduct inquiries and investigations of improper conduct or misuse of authority by a person holding any office except the Nepal Army.
iii. To submit annual report of its work to the President.

Attorney General
Provision in the Interim Constitution:There is the provision of Attorney General Part 16 (Article 134-137) of the Interim Constitution.
Formation and Appointment:Attorney General is appointed by the President on the recommendation of Prime Minister and holds the office during the pleasure of Prime Minister.
Tenure:The minimum age required is 45 years and their tenure is as per the wish of Prime Minister.
Qualifications
i. Should have worked at least 7 years as a judge of Appellate Court or 12 years experience as the first class gazetted officer of Government of Nepal.
ii. Should be a graduate in law and must have worked at least 15 years as a senior advocate.
iii. Must have high integrity.
Functions
i. To work as chief legal adviser of the government.
ii. To give advice on legal and constitutional matters to the government
iii. To represent the government in any legal case where the rights, interests, concerns of the government are involved.
iv. To decide whether to or not to initiate proceedings in any case on the behalf of Nepal Government or in any other judicial institutions.

Auditor General
Provision in the Interim Constitution:There is the provision of Auditor General in Part 12 (Article 122-124) of the Interim Constitution.
Formation and Appointment:The Auditor General is appointed by the President on the recommendation of Constitutional Council.
Tenure:The minimum age required is 45 years. Their tenure is 6 years and the retirement age if 65 years.
Qualifications
i. Should be graduate in management or account from a recognized university or should have passed the examination of Chartered Accountant
ii. Must have worked as a special class officer of Nepal Government or 20 years experience in accounting.
iii. No party affiliation during the appointment time
iv. Must have high integrity.
Functions
i. To audit all the government accounts of government offices like Supreme Court, Parliament, Nepal Army, etc.
ii. To recommend the appointment of auditors for carrying out the audit of any corporate body including corporation where the government has 50% of shares or assets.

Public Service Commission
Provision in the Interim Constitution:There is the provision of Public Service Commission in Part 13 (Article 125-127) of the Interim Constitution.
Formation and Appointment:There is a chairman and other members who are appointed by the President on the recommendation of Constitutional Council. 50% of the members are appointed from among the civil servants who has served for 2 years or more in government service. Rest are appointed from renowned personalities in the field of science, technology, arts, etc.
Tenure:The minimum age required is 45 years and their tenure is 6 years.
Qualifications
i. Should be a post graduate from a recognized university
ii. No party affiliation during the appointment time
iii. Must have high integrity.
Functions
i. To conduct examinations for the selection of suitable candidates to be appointed for civil posts.
ii. To conduct all the procedures like interviews, examinations, etc. every year and recommend them in suitable positions of government service.
iii. To provide annual report to the President.

Election Commission
Provision in the Interim Constitution:There is the provision of Election Commission in Part 14 (Article 128-130) of the Interim Constitution.
Formation and Appointment:There is a chief Election Commissioner and other commissioners who are appointed by the President on the recommendation of Constitutional Council.
Tenure:The minimum age required is 45 years and their tenure is 6 years and the retirement age is 65 years.
Qualifications
i. Should be a post graduate from a recognized university
ii. No party affiliation during the appointment time
iii. Must have high integrity
Functions
i. Too conduct, supervise, direct and control election in local and national level.
ii. To prepare electoral rolls, ballot papers,etc. and to provide necessary human powers and other support required to conduct election successfully.

National Human Rights Commission
Provision in the Interim Constitution:There is the provision of National Human Rights Commission in Part 15 (Article 131-133) of the Interim Constitution.
Formation and Appointment:There is a chairman and other four members who are appointed by the President on the recommendation of Constitutional Council.
Tenure:The minimum age required is 45 years and their tenure is 6 years.
Qualifications
i. Should be a post graduate from a recognized university
ii. No party affiliation during the appointment time
iii. Must have high integrity
Functions
i. To respect, preserve and promote human rights in the country.
ii . To identify the violation of human rights, victims who are affected by the violation and rescue as well as compensate them.
iii. To apply other rights and encourage others to fulfill their duties.
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