PART 20 - Interrelationship between the FEDERATIONS, Provinces and local levels
By Nepalko
on April 09, 2017
- (231) Legislative interrelationship between Federation and Province:
- Federal law shall be formulated to be enforced across Nepal or to any region of Nepal according to the need.
- Provincial law shall be formulated to be effective within whole of the province or any part thereof.
- If two or more Provinces make a petition before the Federal Parliament to make laws on any subject in the Schedule -6, the Federal Parliament may formulate necessary laws. Such laws shall be enforced in the respective Provinces only.
- (232) Relations between the Federation, Provinces and local level:
- The Federation, Provinces and the local level shall enjoy relations based on the principles of cooperative, coexistence and coordination.
- The Government of Nepal may issue necessary directives, pursuant to the constitution and prevalent laws, to all the Provinces on matters of national importance and on matters to be coordinated among the Provinces and it shall be the duty of the respective Province to abide by such directives.
- If any Province indulges in an act that would have a serious effect on Nepal‟s sovereignty, territorial integrity or independence, autonomy, the President shall, according to the need, reprimand such a Province, suspend or dissolve the Council of Ministers of the Province and the Provincial Assembly.
- The act of such suspension or dissolution of the Council of Ministers of the Province and the Provincial Assembly, pursuant to Clause (3), must be approved by a majority of total members of the Federal Parliament existing in the time being within thirty-five days.
- If the suspension or dissolution, pursuant to Clause (3), is endorsed by the Federal Parliament, fresh elections of the Provincial Assembly of such Province shall be held within six months.
Provided that if not endorsed by the Federal Parliament, such suspension or dissolution shall ipso facto cease to be effective.
- Until elections are held pursuant to Clause (5), Federal rule shall come into force in such Province. During the period of such federal rule, the Federal parliament shall draft laws on subjects provided in the list of competencies of the Province.
- During a period when federal rule is imposed, the federal parliament may make laws on the matters enumerated in schedule-6. Such law shall prevail until its repeal by subsequent law enacted by the provincial assembly.
- The Government of Nepal may, in pursuant to the Constitution and Federal law, provide necessary support and directives to the Village Executive and Municipal Executive on its own or through the Provincial Government. It shall be the duty of the Village executive or Municipal executive to abide by such directive.
- (233) Relations among the Provinces:
- A Province shall cooperate in implementing the legal provisions or judicial and administrative decisions or orders of another Province.
- A Province shall exchange information and consult on subjects of mutual concern and interest, coordinate mutually about its tasks and legislation and expand mutual support with another Province.
- A Province shall provide equal protection and benefits to residents of another Province in according with its own laws.
- (234) Inter-Provincial Council:
- There shall be an Inter-Provincial Council to settle disputes of political nature between the Federation and Province and among the Provinces, consisting of a Chairperson and members as follows:
- Prime Minister-Chairperson
- Home Minister of Government of Nepal-Member
- Finance Minister of Government of Nepal-Member
- Chief Ministers of respective Provinces-Member
- Meeting of the inter-provincial council shall be held as may be necessary.
- The Inter-Provincial Council shall, according to need, invite to the meeting of the Council the Minister of the Government of Nepal and the Minister of the Province and experts related to the subject of dispute.
- Procedures concerning meeting of inter-provincial council shall be as determined by the said council.
- (235) Coordination among the Federation, Provinces and local Levels:
- The Federal Parliament shall formulate necessary laws to maintain coordination between the Federation, Provinces and local levels.
- The Provincial Assembly shall coordinate with District Coordination Committee to establish coordination between the Province and Village Council or Municipality and to settle disputes, if any, of political nature.
- The method and procedure of settling disputes pursuant to Clause (2) shall be as provided for in the Provincial law.
- (236) Interprovincial Trade: No obstruction of any kind or levying of taxes or discrimination shall be made in the export and import of goods or services from one Province or local level to another Province or local level and in the transportation of any goods or services through the territory of any province or local level to another province or local level of Nepal.
- (237) Jurisdiction of the Constitutional Court not to be affected: Nothing contained in this Part shall have any effect on the jurisdiction of the Constitutional Court as provided for in Article 141.