Unit -5 Civic consciousness Lesson: Legislature

1.Why is Legislature called the Law making organ of the State? ( Law Making Function)

 The basic function of the Legislature is to make laws. It can not only make laws but also amend and
repeal them. The will of the people is expressed through the laws of the country. The bills are moved, debated
and passed by the Legislature that becomes acts after getting the formal assent of the head of the state.
“Ordinance” promulgated by the head of the state having the force of law is adopted by the legislature in the
form of a bill and then it takes the form of a law. Thus, the laws of the country are a creation of it’s legislature
and for this reason, it is known as the law making organ of the state. Its law making role can be further
highlighted by the fact that in some countries, the legislatures are given the power to make and amend the
supreme law of the country i.e. the Constitution.

2. How does the legislature exercises control over the executive?( Executive function)

 The Legislature controls the executive in many ways. In a parliamentary form of government, only those
persons can form the ministry who enjoy the confidence of the legislature. They have to resign as soon as they
lose that confidence. Members of the legislature can ask questions and there by expose the misdeeds of the
executive. They can move adjournments motions and cut motions. A vote of no confidence can be passed by the
legislature against the executive. The legislature can set up commissions of inquiry to examine the working of
certain departments of the government. In a parliamentary system, the legislature may remove the head of the
state by adopting a motion of impeachment. Thus, by censuring the conduct of the executive, the legislature
exercises it’s control over executive.

3. Explain the judicial function of Legislature. ( Judicial Function)

 The legislature performs the judicial function. It takes the decision to disqualify a person from the
membership of the house on a certain serious charge. The house is the masters of it’s proceedings and as such it
can take action against a person who commits “contempt of the house”. The legislature becomes a court when it
hears and tries cases of impeachment against the president or other high officials. In such cases, the judgment of
the legislature if final and it can’t be challenged in any court. In England, the House of the Lords is the final
court of appeal. In Canada, the Senate hears the Divorce cases. In Switzerland, the federal assembly has the
power to interpret the constitution.

4. Why is legislature called the “Guardian of the national Treasury”. Or, How it controls the finance of the
country? ( Financial function)

 The annual statement of the income and expenditure of the government i.e. budget is prepared by the
ministers, but it is passed by the legislature. Though the legislature can not insert new proposals in the budget, it
can certainly propose cuts and thereby modify some of the provisions of the budget. Without the approval of the
legislature, the government can’t spend even a single paisa . Taxation on new items can not be imposed and the
existing tax can’t be changed without it’s approval. Due to it’s control over finance, legislature is called the
guardian of the national treasury.

5. How is the constitution amendment by the legislature as per our constitution?

 In every democracy the power to amend the constitution rests with the legislature of that country. The
only difference is that in some countries, a similar procedure is adopted as that for the amendment of ordinary
laws. In some other countries, a special procedure is adopted. In our country, the parliament can amend certain
clues of the constitution with a two third majority of both the houses- House of the representative and National
assembly.
 No amendment can be made against the sovereignty, territorial integrity, Independence of Nepal and
sovereignty vested in the people.
 A bill introduction for constitution amendment shall be publicly published for information to the general
public within 30 days of its introduction in the concerned house.
 If the bill is related with the alternation of borders of state, the speaker or chair person of the concerned
house must send that bill to the state assembly for it’s consent within 30 days after it’s introduction and if
majority of state assembly members rejects, the bill shall be inoperative.
 A bill which doesn’t require the consent of the state assembly or a bill accepted by a majority of the state
assembly must be passed by at least 2/3rd majority of the total numbers of the then federal parliament.

6. What is the qualification for the members of Federal parliament of Nepal?

 A person who has the following qualification is qualified to become the member of Federal parliament.
 Being a citizen of Nepal
 Having completed the age of 25 years for the House of representative and 35 years for the National
assembly
 Not having been convicted of a criminal offense involving moral turpitude
 Not being disqualified by any federal law
 Not holding any office of profit
 No persons may be a member of both houses at the same time.

7. Mention the composition of House of representative and National assembly ( Federal Parliament)of Nepal

 a) The House of representative shall consists of a total of 275 members as follows:

165 Members to be elected through the First Past the Post electoral system, with one being elected from each
election constituency delimited in the country on the basis of population and geographical compatibility and
specification. Rest 110 members to be elected through the proportional electoral system where voters vote for
political parties, with the whole country being considered as a single election constituency. The term expires in 5
years.
b) The National assembly which is the permanent house shall consist of 59 members as follows:
56 elected members consisting of at least 3 women, 1 dalit and 1 from minorities or with disabilities from
each state by an electoral college composed of members of the state assembly, chair person and vice chairperson
of village bodies, and Mayors and deputy Mayors of the municipalities, with different weightage of vote. Rest 3
members consisting of at least 1 women are appointed by the president on recommendation of the government
of Nepal. The terms of the members of the National assembly shall be six years.
 8. What is meant by bill? How does it become law?
 A bill is a proposed legislation under consideration by a legislature. A bill doesn’t become law until it is
passed by the legislature and approved by the executives. Once a bill has been enacted into law, it is called an act
of the legislature or a statute. For a bill to be passed, it must be agreed to by a majority vote in both the houses. A
bill is sent to parliamentary committee for further investigation before being voted in the parliament. The
procedure for passage of bill is give below-
1. A bill may be introduced in any house of the federal parliament except the money bill which shall be
introduced only in the house of the representatives.
2. A bill passed by one house of the federal parliament shall be transmitted to the other house as soon as
possible and such bill, if passed by the receiving house, shall be presented to the president for assent.
3. Any bill, except money bill, passed by the house of origin and transmitted to the receiving house shall be
returned with approval or suggestion within 60 days from the date of receipt. If the receiving house doesn’t
return the bill within that period, the house of origin may, by a resolution passed by a majority of the total
number of its existing members, present the bill to the president for assent.
4. If any bill, other than a money bill, passed by one house is rejected or passed with amendments by the
other house, the bill shall be returned to the house where it originated.
5. If the house of the origin, in considering the bill, which has been rejected or amended by the national
assembly, passes it again as it was or with amendments, by a majority, the bill shall be presented to the president
for assent.
6. One who has introduced a bill may with the approval of the house, withdraw the bill.
7. A bill which is submitted to the president for assent shall be so submitted by the speaker or chairperson
of the house in which the bill was originated after authentication.
8. A bill shall become an act after the president gives assent to it. Within 15 days and both house should be
informed as soon as possible.

9. What is ordinance? What is the provision relating to ordinance as per the constitution of Nepal 2072?
 Ordinance is the temporary laws promulgated by the head of the state on the recommendation of the
council of ministers, for immediate legislative action which can only be issued when both houses of the
parliament aren’t in session.
In Nepal, at any time, except when both the houses of the Federal parliament are in session, circumstances
exist which renders it necessary to take immediate action, the President on the recommendation of the council of
ministers may promulgate an ordinance.
 An ordinance promulgated shall have the same force and effect as an act provided that every such
ordinance shall be tabled at the session of both Houses of the Federal parliament held after the promulgation.
 If not passed by both houses, it shall be cease to be effective.
 It may be repealed at any time by the president.
 Unless rendered ineffective or repealed, it ceases to be effective at the expiration of 60 days after the day
on which a meeting of both houses is held.

10. Explain the Composition and formation of the state legislature as per the constitution of Nepal 2072.
 The state legislature shall be unicameral, which shall be called the State Assembly. Each state assembly
shall consist of a number of members as follows:
 Members in number that is twice as many as the number of members elected to the house of represenatatives
from the concerned state through the First Past the Post electoral system. It is to be considered 60 % and rest
40% to be elected through the proportional electoral system.
Election constituency shall be set on the basis of geography and population as provided for in the federal
law.
The term of the state assembly shall be 5 years but can be extended for a period not exceeding 1 year in cases
where a proclamation or order of a state emergency is in effect.

11. What is the provision relating to the vote of confidence and Motion of no confidence as per our
constitution?
 The Prime minister may, whenever he or she considers necessary or appropriate to show that he or she
has confidence from the House of Representatives table a motion to that effect in the house of representative for
the vote of confidence.
1. If the political party which the prime minister represents is divided or a political party in coalition
government withdraws its support, the prime minister shall table a motion in the house for a vote of confidence
within 30 days.
2. If a motion tabled is not passed by a majority of the total numbers of the house of representative, the
prime minister shall not relieve of his or her office.
3. 1/4th of the total number of the members of the house of representative may table a motion of no
confidence in writing that the house has no confidence in the prime minister. But it shall not be tabled until the
first two years after the appointment of the prime minister and until one year after the date of failure of the
motion of no confidence once tabled.
4. If a motion of no confidence is passed by a majority of the total number of the then members of the
house of representative, the prime minister shall relieve his or her office.

12. What is motion of Impeachment? What is the provision related to it as per our constitution?
 Impeachment is the process by which a legislative body bring an accusation against a person who holds
the high rank government posts. It is a process that is used to charge, try and remove high level public officials
for misconduct. As per our constitution the following provision is made-
1/4th of the total number of the then members of the House of representative may move a motion of
impeachment against the president or vice president on the ground of serious violation of the constitution and the
federal law. It is also moved against the chief justice of Nepal or a judge of supreme court, member of the
judicial council, chief or official of a constitutional body on the ground of his or her failure to fulfill his or her
duties of office because of-
o Serious violation of the constitution and law
o Incompetence or misconduct
o Failure to discharge the duties of office honestly
o Serious violation of the code of conduct

If the motion is passed by at least 2/3rd majority of the house of representative, the concerned person shall
relieve of his or her office. But to pass it against the president and vice president, motion shall be passed by at
least 2/3 rd majority of both the house of representative and the national assembly. There is an impeachment
recommendation committee consisting of 11 members of the House of representative.

13. Differentiate between the Federal Legislature and State Legislature.

 Federal Legislature State Legislature

Consists of House of Representative and the National Unicameral and is called state assembly
Assembly and is bicameral
Consists of 275 members in house of representative 60% members twice as many as the number
and 59 in national assembly Of members elected to the house of
Representative from the concerned state
Though FPTP electoral system and rest 40%
Through the proportional system

Can pass the vote of no confidence to the prime Can pass vote of no confidence to the chief
minister minster

Can enjoy the right to pass motion of Impeachment Can’t enjoy the right to pass the motion of
Against president/vice president and other high public Impeachment
officials

President shall summon a session of it. Head of the state shall summon a session of it.

14. Show in table any four differences between the process of formulation of laws( act) and amendment of
the constitution as per our constitution.


Formulation of law( act) Amendment of constitution

Bill can be introduced in any socio economic and No amendment shall be made in manner prejudicial
Political matter and if bill is passed, it becomes law To the sovereignty,territorial integrity,Indipendence
And sovereignty vested in people.
No need to publicly publish for information to the Must be published for information to the general
General public after its introduction Public within 30 days of it’s introduction
It must be passed by majority of house It must be passed by 2/3rd of both the houses
President may return the bill with message if needs The president can’t return the amendment bill
reconsideration within 15 days

15. Differentiate between act and Ordinance.

Act( Statute) Ordinance

Is promulgated when there is parliamentary Is promulgated when there is no parliamentary
session session
 President puts assent and the bills become act It has to be approved by legislature after the
Reassembly of the legislature
Promulgated by the majority of the house Promulgated by the president without voting
process
President cannot repeal it and only legislature It expires after 60 days after the day on which a
Can cancel or modify it Meeting of both houses is held if not passed by the
Legislature.

16. Define the parliamentary ruling system. Explain its merits and demerits.
 Parliamentary ruling system of governance in democracy is democracy in which the executive is formed
from the legislature and it becomes responsible to it. The head of the state is different from the head of the
government in this system.

Merits

 There is less chance that a single person becomes autocratic as head of the state and government is
different
 Executive becomes responsible as it can be dissolved anytime by legislature with vote of no confidence
 There is division of power between executive and legislature
 Executive includes the members of legislature which creates shorter process of plans and policies

Demerits

 Chance of political instability as government can change frequently

 There might be over lapping of works between the head of the state and the government
 Head of the government is not directly elected by people but elected among the legislature. So there may
be power politics and influence for winning the post
 It doesn’t follow the exact norm of separation of power

17. Distinguish between the House of representative and the National assembly

House of representative National assembly

It is lower house as lower age (25 years) gets It is upper house as upper age and experience
representation (35 years) gets representation
It is direct house with 275 members. 165 elected It is indirect house with 59 members. 56
Through FPTP & 110 through proportionate Members from 7 states and 3 appointed by the
representation President.
It is temporary house which can change the It is permanent house which has no role in
Government though vote of no confidence Changing the prime minister.
It is popular house It is unpopular house

18. Why is the law formulated by legislature considered more important?

 Legislature is regarded as the mirror of the will of the nation. It is taken as the chief means of the
expression of the popular will. By virtue of being a body of the representatives of the people, it is considered to
be the most important organ of the political system. The law is formulated by the elected and nominated
representatives of the people as per the will and aspiration of the people. So, law will be more people oriented
and inclusive. The members of the parliament can’t move ahead against the will of the citizen. It voices the
desires and anxieties of the mass of the citizens. It protects their liberties against any abuse of power by the
government through different laws and act. The life of the people is bound to be affected by the nature of laws
passed by the legislature.

19. What is the major power and function of the legislature?

 Of the several organs through which the will of the state is expressed and carried out, the legislature
unquestionably occupies the paramount place. The legislature, most commonly known by the name of the
parliament, is regarded as having the most celebrated place in the political organization. In all states it exercises a
large control over the sources of supply and its power to create public offices and to establish new services. Thus
the legislature is in a sense, the regulator of the administrator. It is taken as the chief means of the expression of
the popular will, or a body of the representative of people that can speak on behalf of the people.
Some of its major power and functions are given below:
1.Law making Function: The basic function of the Legislature is to make laws. It can not only make laws
but also amend and repeal them. The will of the people is expressed through the laws of the country. The bills
are moved, debated and passed by the Legislature that becomes acts after getting the formal assent of the head of
the state. The laws of the country are a creation of it’s legislature and for this reason, it is known as the law
making organ of the state. Its law making role can be further highlighted by the fact that in some countries, the
legislatures are given the power to make and amend the supreme law of the country i.e. the Constitution.
2. Financial Function: The annual statement of the income and expenditure of the government i.e. budget is
prepared by the ministers, but it is passed by the legislature. Though the legislature can not insert new proposals
in the budget, it can certainly propose cuts and thereby modify some of the provisions of the budget. Without the
approval of the legislature, the government can’t spend even a single paisa . Taxation on new items can’t be
imposed and the existing tax can’t be changed without it’s approval. Due to it’s control over finance, legislature
is called the guardian of the national treasury.
3. Executive function: In a parliamentary form of government, only those persons can form the ministry
who enjoy the confidence of the legislature. They have to resign as soon as they lose that confidence. Members
of the legislature cab ask questions and there by expose the misdeeds of the executive. They can move
adjournments motions and cut motions. A vote of no confidence can be passed by the legislature against the
executive. The legislature can set up commissions of inquiry to examine the working of certain departments of
the government. In a parliamentary system, the legislature may remove the head of the state by adopting a
motion of impeachment. The budget prepared by the executive is passed by the legislature. Thus, by censuring
the conduct of the executive, the legislature exercises it’s control over executive.
4. Judicial function: The legislature performs the judicial function. It takes the decision to disqualify a
person from the membership of the house on a certain serious charge. The house is the masters of it’s
proceedings and as such it can take action against a person who commits “contempt of the house”. The
legislature becomes a court when it hears and tries cases of impeachment against the president or other high
officials. In such cases, the judgment of the legislature if final and it can’t be challenged in any court. In
England, the House of the Lords is the final court of appeal. In Canada, the Senate hears the Divorce cases. In
Switzerland, the federal assembly has the power to interpret the constitution.
 5. Constitution amendment function: In every democracy the power to amend the constitution rests with
the legislature of that country. The only difference is that in some countries, a similar procedure is adopted as
that for the amendment of ordinary laws. In some other countries, a special procedure is adopted. In our country,
the parliament can amend certain clues of the constitution with a two third majority of both the houses- House of
the representative and National assembly.

We now come to the form the impression that the functions of a legislature cover many fields. The role of an
organized assembly is to analyze, criticize, and pass or reject the policies or proposals of the government, to
voice the desires and anxieties of the mass of the citizens, to protect their liberties against any abuse of power by
the government, and finally to participate in the process of law making.

20. What is separation of power and check and balance? How is it practiced in Nepal as per the constitution
of Nepal 2072?
 The government is an agency through which will of the state is formulated, expressed and realized.
Government consists of a group of organs with differentiated functions but with a common task and purpose and
their harmonious cooperation is essential to success. The idea of the separation of power given by Montesquieu
signifies that the government should have three organs (Legislature, executive and judiciary) and the powers,
rather functions, of all should be separated from each other. Functions of each independent organ should be
separated from the functions of other if the liberty of an individual is to be saved from the crushing authority of
the state. The functions of the government should be differentiated and performed by different organs consisting
of different bodies of persons so that each department is limited to its respective sphere of activity and not to be
able to encroach upon the independence and jurisdiction of another. The whole idea is based on the maxim that
power should be a check to power. The constitution should be designed in such a way that no organ of
government be made to do things to which it is not obliged or empowered.

Allied with it is the doctrine of checks and balances according to which the three
organs of government should be interlinked with each other in a way that one acts as a check on the other two
with the result that a condition of balance of power is created. One organ of government would act as a check
upon other organs of government. The theory that each of these should share in the powers of the others or
exercise a certain control over their actions is known as the theory of checks and balances. It was introduced by
founding father of the United States James Madison.
Following provision is mentioned in the Constitution of Nepal regarding the Separation of power and checks
and balances:
 Budget prepared by the executive must be passed by the legislature
 Executive is accountable to the parliament. The prime minister can be removed by the vote of no
confidence and the president and vice president by the motion of Impeachment
 Invalidation of an executive order by the courts on the ground of being unconstitutional
 Appointment of the judges by the executives and taking oath in front of the president
 Removal of judges by the process of impeachment on the charge of violation of constitution
 President and vice president elected by the Legislature
 President summons the parliamentary session
 Bill passed by the legislature only becomes law after president puts assent to it.
  The legislature can set up commissions of inquiry to examine the working of certain departments of the
government
 Law made by the legislature is interpreted and enforced by the judiciary.

Unit 5 Civic Consciousness Lesson: Executive

1. What are the qualifications required to be the President of Nepal? When will his/her term expire?
 The term of the office of president shall be five years from the date on which he/she is elected. A person who has
the following qualification shall be qualified to become the president.
1. Being qualified to become a member of the federal parliament.
2. Having completed the age of 45 years
3. Not being disqualified by any law
4. A person who has been already elected twice as president shall n’t become candidate for the third time in the
election to the president.
The office of the president shall become vacant in any of the following circumstances:
1. If he/she tenders resignation in writing to the vice- president.
2. If a motion of impeachment against him/her is passed under article 101 of the constitution
3. If his/her terms expires
4. If he/ she dies.

2. Explain the Constitution of council of ministers. How it is formed in Nepal? Or, how the Prime minister or
Government is formed in Nepal?

1. The president shall appoint the leader of a parliamentary party that commands majority in the house of
representative as the Prime minister, and the Council of ministers shall be constituted under his or her chair
2. Person ship.
3. Where no party has clear majority in the house of representative, the president shall appoint as the prime minister
a member of the parliament who can command majority with the support of two or more parties.
4. If the prime minister couldn’t be appointed from above clause within 30 days after the final results of the Election,
the president will appoint the parliamentary leader of political party which has the highest number of members in the House
of Representatives.
5. The prime minister thus appointed should obtain a vote of confidence from the house of representative no later
than 30 days after the date of such appointment
6. If she/he fails to obtain a vote of confidence, the president shall appoint the prime minister who presents a
ground on which he/she can obtain a vote of confidence.
7. Even if he/she fails to obtain the vote of confidence, the president shall, on recommendation of the prime minister
dissolve the house of representative and appoint a date of election so that the election would be completed within 6 months.
8. The president shall, on recommendation of the prime minster constitute the council of ministers comprising a
maximum of 25 ministers including the prime minister in accordance with the inclusive principle, from amongst the members
of the federal parliament.

3. Differentiate between the Federal and State executive formation and authorities as per our constitution.


Federal( Central) Executive Provincial(state) executive

Deals with foreign affairs Doesn’t deal with foreign affairs
Is responsible to manage and prepare plans for whole Responsible only to state plans and policies
Country.
Cabinet is headed by the prime minister Cabinet is headed by the chief minister
President is the head of the Federal executive and state Chief of the state is the head of the state
Responsible to the federal Parliament Responsible to state assembly

4. How would you individually help the Government?

 No matter whatever political parties form the government, it is always a unanimous body which can make some
concrete decision. On the basis of such decision, the country can be rules. It should follow a certain system, the system leads to
good governance and the good governance leads to positive transformation of the people and the whole country. As such there
is an important role of the people and an individual to help the government. My support to the government would be on the
following ways:
1. I would go among people with positive comments for things done and would react for correction against wrong
activities done by the government.
2. Many development works needs public support and participation. To ease and succeed work on time, Public
participation is needed. I would myself participate and encourage my local people to involve in it.
3. I would help to implement various social security’s programs introduced by the government.
4. I would use different platforms created by the government like online complain, paying taxes, taking part in
election, take care of public property, etc.

5. What do you think should be done to make the executive body more reliable, trusted and estimable?
 Executive body is the most sensitive organs of the government which executes the law. This organ should be
enacting in such a way to maintain it’s credibility, status and acceptability by following ways.
1. The concerned head of the government should be very efficient, visionary and bold enough to appoint only
capable ministers.
2. The ministers appointed in certain portfolio must be not only literate but educated ,so that he/she can give logic,
vision and idea among the national and international experts
3. The whole body appointed in the cabinet should be fair, moral and not involved in corruption
4. The head of the state should be elected by the direct election as it stimulates interest of the people in national
affairs.

6. What do you mean by people’s will? Why is it necessary to rule in accordance with the people’s will in
Democracy?
 The will of the people is known as popular will. It includes the will of the majority of the people. However, it
 doesn’t mean all the people have involvement in every or all action, in all places. It also doesn’t mean that
all people rule. People elect the best possible candidate as their representatives. A party having the majority
of people rules. The representative rule is according to the will of the people rather than its party or followers
alone. This is what is known as the rule of popular will where the confidence of the people will be enjoyed.
Democracy means the implementation of their own rules by their representatives. Thus, it should have popular
Will. In the lack of popular will, the rule becomes aristocracy rather than democracy. It furnishes greater
Guarantees against the danger of executive abuse and oppression. It gives security of liberty against the assaults
Of ambition of faction and of anarchy. It stimulates interests of the people in national affairs & affords political
Education to the masses.

7. What is parliamentary government? Write its characteristics.

 A parliamentary form of executive also known as the British west ministerial model is one that is run by a cabinet
or council of ministers, under the leadership of prime minister, collectively responsible to the legislature.
It works on the principle of concentration of powers, for cabinet is the buckle that binds the executive and the
Legislative departments of state.
1. President is the head of the state and he has nominal executive powers and is not responsible to the parliament.
2. The leader of the cabinet is also the head of the government.
3. The government can be formed and dissolved with certain democratic process. The voice of the majority is
Considered as a crucial factor to determine the life of the government.
4. The executive power is vested to the cabinet. A cabinet of ministers is formed by the prime minister.

8. Explain the functions of Executive in brief.

 As it’s very nomenclature indicates, the chief function of the executive is to execute laws,orders,rules
Regulations,decrees, and the like for maintaining peace and good government in the country. It also
Covers prevention of the breaches of the law and punishment to the delinquents. It also covers within it’s fold
Maintenance of foreign regulations, regulations of national finance and rendering a host of social welfare
Services in modern times. Hence, we may enumerate the functions of the executive under these heads:

Internal administration: It is the principal function of the executive. Maintenance of law and order is foremost function
of the sta executive. For this it keeps large bodies of police & military forces. It is the functions of the
Executive to appoint persons for the posts and also to take suitable action against those who violate the terms
Of the law of the land. The power of those include:
 Appoint, promote, demote and dismiss public officials
 Issue order organizing and defining their work
 Power to use military force when required to get the work done.

External relations and defense: No state can remain in isolation. Morever, a state may force encroachment on it’s
Territory from outside. For this sake, the executive has a large army of diplomats, envoys and ambassadors
visit foreign countries and maintain foreign relations. The head of the state accepts credentials of foreign diplomats. He
signs
treaties of peace, friendship, co-operation and defense for the protection and promotion of national interests. He also
frames the
foreign policy of the state. The head of the state may go to the extent of declaring wars or peace. Territory conquered from
the
enemy is governed by the executive until peace is made.

Legislation: The head of the state may promulgate an ordinance that has the force of law which is issued at a time when
the
Legislature is not in session. In the parliamentary form of government, the bills are introduced by the ministers, passed
by the
Legislature and finally assented to by the head of the state. The head of the state has the power to veto a bill passed by
the
Legislature. He/she may either reject a bill, return it for reconsideration and may keep it under his consideration by any
length
Of time. President also summons, adjourns or postpones the session of the parliament.

Finance: The executive controls the purse of the nation. It prepares annual statement of the income and expenditure i.e.
budget
Which is passed in the form of a bill from legislature. Defeat of the budget amounts to a vote of no confidence. It
collects tax
And impose new tax too. If need be, it can increase or decrease the tax rate too. It can also borrow loan from other
countries
And spend it with the consent of the parliament.

Judicial: The Judicial functions of the executive may be seen in its power to grant reprieve or pardon to the offenders.
The
Head of the state has the prerogative of mercy whereby he may commute the sentence given by the highest court of the
land.
He may also grant amnesty to the offenders or reduce their sentence by his discretionary power.

A look at these functions and powers of the executive in modern times confirms this impression that the executive has
become
The most important organ of the political organizations of a country.

9. How does executive performs the judiciary function?

 The Judicial functions of the executive may be seen in its power to grant reprieve or pardon to the offenders. The
Head of the state has the prerogative of mercy whereby he may commute the sentence given by the highest court of the
land.
He may also grant amnesty to the offenders or reduce their sentence by his discretionary power.

10. How does executive controls the purse of the nation ? or, explain the financial function of executive.
 The executive controls the purse of the nation. It prepares annual statement of the income and expenditure i.e. budget
Which is passed in the form of a bill from legislature. Defeat of the budget amounts to a vote of no confidence. It
collects tax
And impose new tax too. If need be, it can increase or decrease the tax rate too. It can also borrow loan from other
countries
And spend it with the consent of the parliament.

11. How does executive carries out the legislative work?

 The head of the state may promulgate an ordinance that has the force of law which is issued at a time when the
Legislature is not in session. In the parliamentary form of government, the bills are introduced by the ministers, passed
by the
 Legislature and finally assented to by the head of the state. The head of the state has the power to veto a bill passed by
the
Legislature. He/she may either reject a bill, return it for reconsideration and may keep it under his consideration by any
length
Of time. President also summons, adjourns or postpones the session of the parliament

12. How does executive maintains foreign relation? Or, How does it protects our land? Or, defense and military
function.
 No state can remain in isolation. Morever, a state may force encroachment on it’s
Territory from outside. For this sake, the executive has a large army of diplomats, envoys and ambassadors
visit foreign countries and maintain foreign relations. The head of the state accepts credentials of foreign diplomats. He
signs
treaties of peace, friendship, co-operation and defense for the protection and promotion of national interests. He also
frames the
foreign policy of the state. The head of the state may go to the extent of declaring wars or peace. Territory conquered from
the
enemy is governed by the executive until peace is made.

13. How has the balance of power implemented between executive and legislature as per our constitution? ( Relation
Between executive and legislature)
 The head of the state may promulgate an ordinance that has the force of law which is issued at a time when the
legislature is not in session.
 In the parliamentary form of government, the bills are introduced by the ministers, passed by the
Legislature and finally assented to by the head of the state. The head of the state has the power to veto a bill
passed by the
Legislature.
 Only those persons can form the ministry who enjoy the confidence of the legislature. They have to resign as
soon as they loose the confidence.
 Members of the legislature can ask questions and there by expose the misdeeds of the executive.
 A vote of no confidence can be passed by the legislature against the executive and can remove the prime
minister.
 The legislature can set up commissions of inquiry to examine the working of certain departments of the
government.
 The legislature may remove the head of the state by adopting a motion of impeachment. The budget prepared
by the executive is passed by the legislature.

14. Name the prime ministers of Nepal after the establishment of republic in the country.

Name of the Prime Ministers Date

Pushpa Kamal Dahal 2065 Sharwan 6
Madhav Kumar Nepal 2066 Jestha 9
Jhalanath Khanal 2067 Magh 20
Baburam Bhattarai 2068 Bhadra 11
Khilaraj Regmi 2069 Chaitra 1
Sushil Koirala 2070 Magh 27
 K.p. Sharma oli 2072 Ashoj 24
Pushpa Kamal Dahal 2073 Sharwan 19
Sher Bahadur Deuba 2074 Jestha 23
K.P Sharma oli 2074 Flagun 03

15. Name any ten ministry of Nepal with their minsters.

Office of Prime Minster K.P. Sharma oli

Ministry of Home affairs Ram Bahadur Thapa

Ministry of Culture, Tourism and Civil

Yogesh Bhattarai
Aviation

Ministry of Defence Ishwor Pokhrel

Ministry of Education, Science and

Giriraj Mani Pokharel
Technology

Ministry of Energy, Water Resources and

Barsaman Pun
Irrigation

Ministry of Federal Affairs and General

Lal Babu Pandit
Administration

Ministry of Finance Yuba Raj Khatiwada

Ministry of Foreign Affairs Pradeep Kumar Gyawali

Ministry of Forests and Environment Shakti Bahadur Basnet

Unit 5 Civic consciousness Lesson: Judiciary

1. What is judiciary? Why is it important to have judiciary?

 Judiciary means the body of those public officials who interpret and enforce the law of the
state.
The work of the Judiciary consists in the resolution of compliant, whether between subject and
subject, or between the subject and the state. In every state, the citizens expect justice at the
hands of their administrators who are entrusted with the task of maintaining a good
government in the country. Locke well says, “where law ends, tyranny begins”. The role of the
judiciary figures in so as to enforce the system of law. Adjudication of disputes is
unquestionably of most important concern to the individual citizen. Considering that one of the
primary objects for which the state was established was the creation and protection of
individual rights, the necessity of judicial organ is recognized. It follows that the existence of an
independent judiciary is a proof of the existence of a good state. The importance of judiciary in
the political institution is rather profound than prominent. It is needed to protect the right and
liberties of people. We no longer believe in police state and we believe in welfare state.

2. Explain the powers and functions of the judiciary.

 Judiciary means the body of those public officials who interpret and enforce the law of the
state. It is regarded as the guardian of the rights and freedoms of the people and also of the
constitution. The judiciary is essential not only for maintaining peace and imparting justice, but
also for the enjoyment of fundamental rights.
a. Adjudication: The first and foremost function of the judges is to administer justice. They hear
and decide cases- Civil, criminal, constitutional- in the light of the argument given by the
concerned parties. The courts are regarded as the defenders of the rights and liberties of the
people. In countries having written constitutions, the courts are also entrusted with the power
of interpreting the fundamental law of the land. If a law is passed by the legislature violates the
constitution, the law shall be declared void because the constitution is the highest law of the
land and it is the duty of the court to protect it. Thus judiciary is charged with the duty of
upholding the constitution as the supreme law of the land and thus acting as the “Guardian of
the constitution”.
b. Legislation: Though legislation is the work of the legislature, the courts also make laws in a
different way. A different kind of law comes out of the decisions of the courts which is known as
“Case law” or “precedent.” Where a law is silent or ambiguous, or appears to be inconsistent
with some other law of the land, the court decides what the law is and how it should prevail. In
this respect they are guided by the norms of equity and judicial common sense. This is known as
Precedent ( Nazir ). Such decisions become reference for defining new cases of similar nature in
 future and in long run, a precedent becomes law. It is called “stare decisis” it means stick with
the decision once made. The greater body of law is unwritten, determined by precedent, and
founded on eternal principles of right and mortality.
c. Advisory: The courts have advisory jurisdiction as well. Apart from hearing and settling cases
and then giving judgments, the courts are also entrusted with the job of rendering advice on
important matters of constitutional law. The president or the head of the government may refer
a matter of law or a fact of great public importance to the Supreme Court and ask it to give it’s
advisory opinion on it. The view of the court in such a matter is not binding but it has a great
persuasive value.
d. Judicial review: Chief Justice of USA Marshall in 1803 decided that the courts had the inherit
right to declare the act of the parliament invalid. Thus, from then on the Supreme Court looks in
to the constitutional validity of a legislative measure or executive action and then declare it null
and void to the extent of it’s being repugnant to the fundamental law of the land. Any law
passed by the legislative if violates the constitution, the law shall be declared void because the
constitution is the highest law of the land and it is the duty of the courts to protect it.
e. Miscellaneous: The courts perform some other functions like exercising control over their
employees, or doing investigations at the behalf of chief justice, or issuing certificate of marriage
and citizenship, etc. The court may punish a person for doing it’s contempt.

It is true that judiciary performs a number of functions. Of all the functions of the government, the
adjudication is unquestionably the most immediate concern to the individual citizen.

3. Why do you think the Judiciary should remain Independent, Impartial and free from political pressure?

 The citizens expect impartial and speedy justice from the occupants of the judicial benches.
Justice delayed is justice denied. Of all the functions of the government, the adjudication of
disputes is unquestionably the most immediate concern for any citizen. The protection of the
rights of the individual citizen requires a government based on laws applied by the judges who
are independent, impartial in every way. It is necessary because :
 The Nature of the function to be performed by the state has multiplied and the state
has become the biggest litigant before the courts. We no longer believe in police state
but we believe in welfare state.
 To give decisions against the government and protect the fundamental rights and the
constitution.
 To cross check the balance between an individual and the state, majority and minority,
powerful and weak etc. and hold an even hand for all
 To realize the high purpose for which the Judiciary is established.
By virtue of this, the judges mustn’t lack wisdom, probity and freedom of decision.

3. Enlist some of the factors that make the judiciary Independent, fair and impartial.
 There is no worse torture than the torture of laws. The primary object for which the state was
established was the creation and protection of individual rights. So, it is essential that the
judiciary remains independent ,fair and impartial by the following ways:
  By recruiting the judges on the basis of selection by some autonomous authority like a
public service commission so that only persons of high caliber and integrity may be
inducted into important judicial positions.
 By stopping the nomination of the judges by the chief executive followed by the
ratification of names by the legislature.
 The tenure of the judges should be fairly long. It should neither be for the whole life
nor should be too short. The tenure should be secured.
 The judges should be paid better salaries and allowances. In case, their emoluments
are meager or the perquisites available to them are not attractive, the brilliant person
wouldn’t be attracted and second there will be reduction in the corruption.
 The judges should not be entrusted with executive or administrative duties. The liberty
of the people is in danger when the work of the administration and adjudication is in
the same hands. It should be separated from the control of executive.
 Judges should avoid public contacts so that they may keep themselves immune from
public pressures.
 It is required that judges should not be given any appointment after they retire from
service.
Thus, judges shall be selected without regard to their political affiliations, they should be
subject to dismissal by the executive and their compensation shall not be withheld during their
term of office. This will help to create the Independent, impartial and free judiciary.

4. Explain the three tiers ( Levels ) of court in Nepal.

 There are three levels of court in Nepal.
a. Supreme court
b. High court
c. District court
 There is one supreme court which is also known as the apex court also known as the court of
record. It is the highest court of the country consisting of chief justice and 20 other judges. The
Supreme Court shall have the final authority to interpret this constitution and laws.
 There is one high court in each state of Nepal. So there are 7 high courts in Nepal. The high court
shall have the power to issue necessary and appropriate orders, for the enforcements of
fundamental rights conferred by the constitution or for the enforcement of any other legal right
for which no other remedy has been provided.
 There are 77 district courts in each districts of Nepal. A district court shall have the power to
originally try and settle all cases under its jurisdiction, to try petition under law, institute contempt
proceedings and punish for contempt.

5. What are the qualifications required to be the chief justice of Nepal and the judge of Supreme
Court?
  The president shall appoint the chief justice on the recommendation of the constitutional
council who has the following qualification for 6 years.
The person who has served as the judge of Supreme Court for at least three years.

The president shall appoint the judges of the Supreme Court on the recommendation of the
judicial council having the following qualification:
 Any citizen of Nepal who has obtained a bachelor’s degree in law and served as the
chief judge or a judge of high court for at least 5 years.
 Who has practiced law as a senior advocate for at least 15 years.
 Who is a distinguished jurist constantly working for 15 years in the legal field.
 Who has served in the post of first class post of judicial service for at least 12 years.

6. What are the functions of the supreme court of the Jurisdiction of the Supreme Court?
 The functions of the Supreme Court are given below:
 To issue necessary and appropriate orders, provide remedies, enforce right or settle
disputes
 To inspect, supervise and gives necessary directives to lower courts.
 To originally try and settle cases, hear appeals, revise cases, hear petitions, review its
judgments or final orders
 Settle appeals from cases originally tried and settled by the high court
 To declare the law made by legislature void if it is inconsistent with the constitution
this has the final authority to interpret the constitution

7. Write down the composition of Judicial Council.

 The composition of Judicial Council is:
 Chief Justice- Chairperson
 Federal minister for law and justice- Member
 Senior most judge of supreme court- Member
 One jurist nominated by the president on the recommendation of prime minister-
Member
 A senior advocate with 20 years of experience appointed by president on
recommendation of the Nepal Bar association- Member.

8. Write down the composition of Constitutional Council.

 The composition of constitutional council is:
 The prime Minister- Chairperson
 The chief justice- Member
 The Speaker of the House of Representative- Member
 The Chairperson of the National Assembly- Member
  Leader of the opposition party in the House of Representative- Member
 Deputy Speaker of the House of Representative- Member
While making a recommendation for appointment to the office of the Chief Justice, Minister for
law and justice is included.

9. Why Supreme Court is called the Guardian of the Constitution?

 The courts are regarded as the defenders of the rights and liberties of the people. In countries
having written constitutions, the courts are also entrusted with the power of interpreting the
fundamental law of the land. If a law is passed by the legislature violates the constitution, the
law shall be declared void because the constitution is the highest law of the land and it is the
duty of the court to protect it. Thus judiciary is charged with the duty of upholding the
constitution as the supreme law of the land and thus acting as the “Guardian of the
constitution”. It declares the law made by legislature void if it is inconsistent with the
constitution this has the final authority to interpret the constitution.

10. Why Supreme Court is also known as the Court of record or court of appeal?
 The proceedings of the Supreme Court are recorded for perpetual memory and testimony. It
keeps details of every case. A court of record is a trial court or appellate court in which
a record of the proceedings is captured and preserved, for the possibility of appeal. They are
admitted to be of evidentiary value and they are not to be questioned when they are produced
before any court.

11. Differentiate between the Civil and criminal Case.

Civil Case Criminal Case

Cases that apply when one person sues Criminal laws are the rules that apply when
another person or an agency. someone commits a crime
E.g. housing case, family case such as divorce E.g. Assault, robbery, murder, rape, other
or custody, consumer problems such as debt kinds of crimes etc.
or bankruptcy etc.
Civil Court judges can order you to pay money Criminal Court judges can punish you for
or a fine, or make decisions about your family breaking the law by sending you to jail
or your home. No need to go to prison.
one person sues (files a case) against another Government files a case against someone for
person because of a dispute or problem committing a crime. The person accused of
between them committing the crime is called the defendant
Both parties can appeal to a higher court Only the defendant can appeal to a higher
court.