Civic Consciousness (#Asmita's Social Book)

1. Constitutional Organs
2076/04/08 1Class 10 8th Period

2.  Constitutional organs are the bodies
established for helping in various in various
works of the government and whose power,
function and formation are mentioned in the
constitution itself. They are created as extra
organs since legislature, executive and
judiciary alone cannot run all state affair
smoothly and effectively. The Constitution of
Nepal (2072) has made provision of different
constitutional organs (Part 21,22,23,24,25,26
and 27). They can be studied under the
following sub-headings:
2076/04/08Class 10 8th Period 2

3. Part 21: Commission for the Investigation of
Abuse of Authority (CIAA)
Part 22: Auditor General (AuG)
Part 23: Public Service Commission (PSC)
Part 24: Election Commission (EC)
Part 25: National Human Rights Commission
(NHRC)
Part 26: National Natural Resources and fiscal
Commission (NNRFC)
2076/04/08Class 10 8th Period 3

4.  It conducts inquiries and investigation of any
abuse of authority committed, through improper
conduct or corruption by a person holding any
public office. If found guilty, it may file or cause
to file a case against such person or any other
person involved therein in a court in accordance
with law.
 It delegates (hand over) any of its functions,
duties and powers relating to the inquiry and
investigation to the chief commissioner any
employee of the Government of Nepal.
 It controls corruption.
 It carries out other duties as specified by the
federal law of the country.
2076/04/08Class 10 8th Period 4

5.  Auditor General audits all accounts of the
government offices and the institutions where
the government holds more than 50% share.
 It provides consultation service and grant
permission for appointing auditor to adult
accounts of any offices of government of
Nepal or co-operation bodies where the
government has 50% or more share.
 The Auditor General and his/her assistants
have the right to get information and all
necessary documents while carrying out the
functions.
2076/04/08Class 10 8th Period 5

6.  The PSC conducts examinations for the selection of suitable
candidates to be appointed to the government’s civil service
posts. All the services and positions in the Government of
Nepal are included within the civil service except Army
Officers and soldiers, the services and positions of the Armed
Police or Police and such other services or positions defined
as so.
 However, the commission conducts written examinations for
the recruitment in Nepal army, Nepal Police, Armed Police
Force and other federal government services and organized
institutions as well.
 The PSC is to be consulted for the general principles to be
applied in the promotions in Nepal Army, Nepal Police, Armed
Police Forces and other federal government services.
 It is to be consulted for the laws regarding the terms of the
officials of organized institutions and the general principles
to be applied in the promotions as well as department
sanctions in such institutions.
2076/04/08Class 10 8th Period 6

7.  It conducts, supervises, directs and controls
the election for choosing the representatives
for national, provincial and local bodies (the
president, the Vice-president, federal
parliament, referendum, constituent
assembly, provincial assemblies, local bodies,
etc)
 It also prepares the voters’ list for the
purpose of election.
 It makes people aware about various aspects
of election.
2076/04/08Class 10 8th Period 7

8.  It protects, promotes and respects human
rights.
 It conducts inquiries, recommends for action
against the violator, publicizes the names of
any official, person or bodies if found guilty.
 It makes periodic revision of the laws related
to human rights and to recommend the
Government of Nepal necessary amendments
on the time.
 It encourages the Government of Nepal to
properly implement international treaties and
agreements of which Nepal is a signatory.
2076/04/08Class 10 8th Period 8

9.  It fixes a detailed basis and design for distributing
revenues from the federal consolidated fund into
federal, provincial and local governments.
 It makes recommendations on equalizing grants to
be provided for provincial and local governments
from the fund.
 It recommends the measures for maintaining the
expense accountability and improving tax collections
of the three levels of government.
 It recommend, by analyzing the overall economic
indicators, the limitation of the internal loans that the
governments can borrow.
 It revises the basis of the allocation of revenues of
the federal and provincial governments and
recommend the changes.
2076/04/08Class 10 8th Period 9

10. 1. Commission for the Investigation of Abuse of
Authority: There is the provision of a Chief
Commissioner and 4 other Commissioners.
2. Auditor General: There is the provision of one
Auditor General.
3. Public Service Commission: There is the provision of
Chairperson and other Members as required.
4. Election Commission: There is the provision of one
Chief Election Commissioner and 4 other
Commissioners.
5. National Human Rights Commission: There is the
provision of a Chairperson and 4 other members.
6. National Natural Resources and Fiscal Commission:
There is the provision of a Chairperson and 4 other
members.
2076/04/08Class 10 8th Period 10

11. 1. Must be the citizen of Nepal
2. Must have attained the age of 45
3. Must not have been disqualified by law for any
criminal or offensive activities
4. Must not be the member of any political party
during the appointment
5. Must possess a high moral character
6. Must have passed Graduation (Bachelor’s)
Degree in subjects concerned from a
recognized university. However, the PSC
requires the post Graduation (Master’s) Degree.
7. The Person qualified to be the judge of the
Supreme Court is eligible to be appointed as
Attorney General and the High Court as Chief
Attorney.
2076/04/08Class 10 8th Period 11

12. D. Appointment: The Chiefs and other members of
the constitutional organs are appointed by the
president on the recommendation of the
Constitutional Council.
E. Tenure: Except Attorney General
(महान्यायाधिवक्ता) and Chief Attorney (d'Vo GofolwjStf) ,
all the chiefs and other members of the
Constitutional organs remain in post for 6 years.
The Attorney General and Chief Attorney remain
in the post as long as they are favored by the
Prime-Minister and Chief Minister respectively.
F. Retirement: All the heads and the members of
the constitutional organs retire after they reach
65years.
G. Report Submission: All the constitutional organs
prepare an annual report of their works and
submit it to the president.
2076/04/08Class 10 8th Period 12

13. Any
Questions
???? 2076/04/08 13Class 10 8th Period