5.2 Legislative interrelation among the federal, provincial and local levels

Legislative Interrelation Among Federal, Provincial, and Local Levels in Nepal

Introduction

Nepal’s Constitution establishes a legislative framework to ensure legal and policy coherence among federal, provincial, and local levels through cooperative federalism. This framework defines jurisdictions, ensures coordination, and resolves conflicts to promote harmonious inter-governmental relations. Legislative interrelations are guided by constitutional provisions, specific laws, and institutional mechanisms, balancing autonomy with national unity.

Example: The federal government sets national education standards, while provinces adapt curricula to local languages, ensuring alignment without conflict.

Constitutional Provisions for Legislative Interrelation

Jurisdictional Division

Federal Parliament: Enacts laws on Schedule-5 (federal exclusive powers, e.g., defense, foreign affairs) (Article 57).
Provincial Assemblies: Legislate on Schedule-6 (provincial exclusive powers, e.g., provincial police) (Article 57).
Local Assemblies (Village/Municipal): Legislate on Schedule-8 (local powers, e.g., local infrastructure) (Article 57).
Concurrent Powers (Federal-Provincial): Both federal and provincial assemblies legislate on Schedule-7 (e.g., education, health) (Article 57).
Concurrent Powers (All Tiers): Federal, provincial, and local assemblies legislate on Schedule-9 (e.g., cooperative management, tourism) (Article 57).
Residual Powers: Federal Parliament legislates on unlisted matters (Article 58).

Example: Province 5 passed a law on agricultural cooperatives (Schedule-9), aligning with federal cooperative policies to avoid conflict.

Legislative Uniformity and Coordination

Provincial laws on concurrent powers (Schedule-7) must not contradict federal laws; conflicting laws are void (Article 57).
Local laws on concurrent powers (Schedule-9) must align with federal and provincial laws; conflicting laws are void (Article 57).
Federal Parliament can enact coordination laws to ensure inter-tier harmony (Article 235).
Local assemblies follow provincial procedures for law-making (Article 226).
Federal law sets budget submission timelines for provinces and local levels.
Provincial laws govern procedures for resolving political disputes between provinces or local levels (Article 235).

Federal-Provincial Legislative Relations

Federal laws apply nationwide or to specific regions as needed (Article 231).
Provincial laws apply province-wide or to specific areas (Article 231).
Upon request from two or more provinces, Federal Parliament can legislate on Schedule-6 matters, applicable only to requesting provinces (Article 231).
During provincial assembly suspension (federal rule), Federal Parliament can legislate on Schedule-6 matters, valid until repealed by the provincial assembly (Article 232(7)).

Inter-Provincial and Inter-Local Legislative Relations

Provinces can coordinate and cooperate on legislative matters (Article 233).
Provinces and local levels must ensure equal treatment, security, and facilities for citizens of other provinces/locals (Article 233).
Laws must not hinder trade, services, or impose taxes on other provinces/locals (Article 233).

Example: Province 3 and Province 4 collaborated on a tourism law to promote joint heritage site management, ensuring equal access for all citizens.

Common Principles of Legislative Interrelation

Constitutional Supremacy: The Constitution is the supreme law and source of all legislative powers.
Power Distribution: Powers are constitutionally divided among tiers, guiding legislative authority.
Concurrent Powers: Lower tiers legislate on shared powers without contradicting higher-tier laws.
Fiscal Authority: Revenue collection and distribution align with responsibilities (Articles 59–60).
Legal Hierarchy: Constitution > Federal Law > Provincial Law > Local Law.
Dispute Resolution: Courts and mechanisms resolve inter-tier disputes.
Constitutional Amendments: Lower tiers’ consent is required for relevant amendments.
Vertical and Horizontal Relations: Based on cooperation, coordination, and coexistence.
Cooperative vs. Competitive Federalism: Nepal adopts cooperative federalism, suitable for diverse nations, unlike competitive models in homogeneous nations (e.g., early USA).
Coordination Laws: Federal Parliament (Article 235) and provincial assemblies enact laws for coordination.
Delegation of Powers: Central government may delegate cost-effective tasks to lower tiers.

Institutional Interrelations

National Assembly Formation: Comprises members elected by provincial assembly members, village chairpersons/deputies, and municipal mayors/deputies (Article 86).

Bases for Inter-Governmental Relations

Section 3 of the Intergovernmental Coordination Act, 2077 BS (2020) outlines the bases for legislative and other relations:

National interests and unity.
Protection of national pride.
Adherence to state directives and policies (Parts 5, 20).
Implementation of fundamental rights.
Respect for national policies.
Constitutional harmony.
Socialism-oriented democratic economy.
Mutual respect for autonomy.
Equal treatment and security for citizens.
Coordination, consultation, and information sharing.
Resource conservation and equitable distribution.
Anti-corruption and good governance.
Mutual cooperation and inclusive governance.
Effective service delivery and trade expansion.
Other provisions in existing laws.

Shared Responsibilities Across Tiers

Article 56 mandates all tiers to protect:

Nepal’s independence, sovereignty, territorial integrity, and autonomy.
National interests (Article 5).
Holistic national development.
Multiparty democratic federal republic system.
Human rights and fundamental rights.
Rule of law.
Separation of powers and checks and balances.
Pluralistic and equitable society.
Inclusive representation and identity.

Example: All tiers collaborated on disaster management laws post-2024 floods, ensuring national unity and effective response.

Considerations for Law and Policy-Making

Section 4 of the Intergovernmental Coordination Act, 2077 BS (2020) outlines considerations:

Federal Level

Avoid encroaching on provincial/local exclusive powers.
Ensure cost-effectiveness, sustainability, and efficiency in implementation by provinces/locals.
Prevent overlapping roles among tiers.

Provincial Level

Avoid encroaching on federal/local exclusive powers.
Align with federal laws.
Support national policies/priorities.
Delegate cost-effective tasks to locals.
Prevent overlapping roles.

Local Level

Avoid encroaching on federal/provincial exclusive powers.
Align with federal and provincial laws.
Support national and provincial policies/priorities.
Prevent overlapping roles.

Additionally, provinces and locals must not:

Restrict fundamental or constitutional rights.
Prohibit actions permitted by federal law.
Permit actions prohibited by federal law.

Legislative Implementation Guidelines

Exclusive Powers

Each tier legislates on its exclusive powers (Schedules 5, 6, 8).
Provinces/locals adhere to constitutional conditions/standards.
Laws align with federal policies/standards where applicable.
Provincial laws avoid contradicting federal laws; local laws avoid contradicting federal/provincial laws (Section 5, Intergovernmental Coordination Act).

Concurrent Powers

Offenses, penalties, and national standards are set by federal law.
National or multi-provincial infrastructure projects follow federal law.
Provincial laws on concurrent powers align with federal laws.
Local laws on concurrent powers align with federal/provincial laws.
In the absence of federal/provincial laws, provinces/locals can legislate within constitutional limits.

Federally Regulated Matters

Schedule-5 (federal powers).
Federal policies/standards.
Criminal offenses and penalties.
Specialized courts or tribunals.
Residual powers (Section 7, Intergovernmental Coordination Act).

Provinces/locals can impose administrative fines as per law.

Dispute Resolution Mechanisms

Inter-Provincial Council (Article 234):
- Members: Prime Minister (Chair), Home Minister, Finance Minister, relevant Chief Ministers.
- Functions: Resolves political disputes between federal-provincial or inter-provincial levels via consultation. Invites relevant ministers/experts. Meets as needed, sets own procedures.
Constitutional Bench (Article 137):
- Chief Justice and four justices (appointed on Chief Justice’s recommendation).
- Resolves jurisdictional disputes among tiers.
National Coordination Council (Section 16, Intergovernmental Coordination Act):
- Members: Prime Minister (Chair), Ministers (Finance, Home, Law, Federal Affairs), Chief Ministers, opposition leader, seven local representatives (including three women).
- Functions: Coordinates laws, resolves implementation issues, harmonizes service delivery, manages cross-provincial projects.
Provincial Coordination Council (Section 105, Local Government Operation Act):
- Members: Chief Minister (Coordinator), provincial ministers, chief secretary, district coordination committee heads, local chairpersons/mayors.
- Functions: Ensures policy coherence, strategic planning, resource sharing, and coordination between provincial and local levels.
Intergovernmental Fiscal Council (Section 33, Intergovernmental Fiscal Management Act):
- Members: Finance Minister (Coordinator), provincial finance ministers, 14 local representatives (two per province, including one woman), three fiscal experts.
- Functions: Coordinates fiscal policies and resource allocation.
National Development Action Committee (NDAC) & Ministerial Development Action Committee (MDAC): Facilitate development coordination.
District Coordination Committee: Aligns federal, provincial, and local activities at the district level.

Dispute Resolution Process

Section 28 of the Intergovernmental Coordination Act, 2077 BS (2020) outlines:

Notify Inter-Provincial Council secretariat within 15 days of dispute.
Secretariat informs the Chair promptly.
Chair convenes Council meeting for discussion.
Council determines if the dispute is political.
Sub-committees/task forces may be formed for analysis.
Resolve via dialogue, consultation, or mediation.
If unresolved, Council makes a binding decision.
Parties implement the decision.
Resolve within three months.

Example: In 2024, a dispute between Province 2 and a municipality over land use was resolved by the Provincial Coordination Council through dialogue, aligning local plans with provincial policies.

Current Challenges (As of 2025)

Delays in enacting coordination policies and laws.
Ineffective implementation of existing laws.
Political conflicts hindering harmonious relations.
Lack of collaborative culture among tiers.
Insufficient legislative expertise at local levels.
Tension between coordination and autonomy.
Limited inter-tier interactions.
Absence of dedicated legislative coordination mechanisms.
Inadequate study of other tiers’ jurisdictions during law-making.
Lack of specific laws defining legislative interrelations.
Limited capacity and accountability of elected representatives.

Recommendations for Effective Legislative Interrelation

Recommendations:

Expedite enactment of coordination policies and laws.
Strengthen implementation of existing laws.
Foster mature, consensus-driven political culture.
Provide specialized legislative training for representatives and staff.
Promote vertical and horizontal collaboration among tiers.
Resolve disputes through regular inter-tier dialogue.
Enhance institutional functionality.
Establish mechanisms for legislative coordination.
Encourage thorough study of other tiers’ jurisdictions during law-making.
Enact specific laws defining legislative interrelations.
Conduct capacity-building programs for representatives.
Develop digital platforms for real-time legislative coordination (e.g., shared databases for draft laws).

Legislative Roles Across Tiers

Tier	Legislative Powers	Key Considerations
Federal	Schedule-5, Schedule-7, Schedule-9, residual powers	Avoid encroaching on provincial/local powers, ensure national coherence
Provincial	Schedule-6, Schedule-7, Schedule-9	Align with federal laws, support national/provincial priorities
Local	Schedule-8, Schedule-9	Align with federal/provincial laws, follow provincial procedures

Conclusion

Nepal’s legislative interrelations, grounded in cooperative federalism, aim to balance autonomy with national unity through constitutional provisions and coordination mechanisms. Addressing challenges like legislative delays, capacity gaps, and coordination issues through training, digital tools, and clear legal frameworks will enhance effectiveness. As of 2025, ongoing efforts focus on streamlining inter-tier legislative processes for inclusive and efficient governance.

References

Constitution of Nepal, 2072 BS (2015)
Intergovernmental Coordination Act, 2077 BS (2020)
Local Government Operation Act, 2074 BS (2017)
Intergovernmental Fiscal Management Act, 2074 BS (2017)