Government of the Nepal Act 2004 B.S


  The Government of Nepal Act 2004 B.C (1948)
            During, the constitutional development of Nepal, the government of Nepal Act 2004 B.S is the first and historical document of Nepal. Due to the various factors this constitution never is enforce or came into existence as the law of the state. Though, one should not forget that this is the first written and historical document of the state.
            The government of Nepal Act 2004 B.S was declared by the Shree III Padma Shamsher JBR. The Padma Shamsher JBR himself was the inciter or promoter of this constitution.
            This constitution was mainly established which the principles to promote the people in the administrative system of the state that means peoples participation was the soul principle to form this constitution. Because this was a Liberal constitution and people had given certain right and liberties in their various activities which were actually not acceptable to the other Ranas except Padma Shamsher JBR. So, they check to the Padma Shamsher for the implementation which may have been implemented from first Baishak 2005 B.S.
            The Padma Shamsher JBR had constituted a community in the Chairmanship of the Padma Shamsher JBR. The other member of the community where Prakash Gupta, Raghu Nath Sing and Ram Ugra Sing who were hired from India. The Government of Nepal Act 2004 B.S was declared by then Prime Minister Padma Shamsher JBR in 2004 B.S.
            The Act/ Constitution were divided into six parts, sixty eight Articles.

                           Characteristics of the Government of the Nepal Act 2004 B.S
The following are the main characteristics or Feature of the government of Nepal Act 2004 B.S
First constitution
Written constitution
Single citizenship
People’s participation
Preamble
Unitary form of Government
The process of the Panchayat System (Local-Self Government)
Provision for fundamental Right
Powerful Cabinet vested on Prime Minister
Declare by the prime Minister
Bi-Cameral Legislature
Provision for a Cabinet
Provision for the Judiciary
Provision for the Emergency Power
Provision for the Public Service commission
Provision to Organize the constitutional Organization/ Commission
Provision to Establish the Accountant General
      First constitution
This constitution is the first foremost constitution of Nepal which was never be implemented. Though, it was not actually the true constitution while formulating it. It had accomplished with all the essential element of the constitution. So, was the reason it had remarked as the constitution.

    Written Constitution
The government of Nepal Act 2004 B.S is a written constitution which contains 6 chapters and 68 articles with an index. It has provided the provision of the fundamental principles of the government as well as the rules and regulation for the administration branch of the government.
3)      Single Citizenship
The single citizenship means the method to establish the citizen and it means the Nepali citizen is not necessary to get the double citizenship. That is the citizenship of the provision, districts and zone around the center. If the person gets the citizen from any district like Jhapa then he certainly will be citizen of the Nepal. The U.S.A and Switzerland has such type of provision.
      People’s Participation
   The people’s Participation in the different activities of the state where the main objectives for the formulation of the government of Nepal act 2004 B.S. Because it was the period when the people were organized together against the Rana’s and the main reason against it was the people themselves were felling deprived by getting the opportunities provided by the state. So, the Padma Shamsher had motivated towards the involvement in the people in the process. 
    Preamble
Literally, it means the introduction of the constitution. The introduction is mainly highlights the fundamental principles of the particular constitution. It means it covers the main themes, objective and the basic principles of that constitution. So, the preamble is another main feature which was included by this constitution. 
   Unitary form of Government
The Unitary Form of Government was also a basic feature of this Act/ Constitution. Unlike U.S.A and India this constitution had provided the provision for the formulation of Unitary Form of Government which is common to U.K. The Union Government is solely responsible over all the deeds of the states. Though, there are the Local-Self Government but these unit of government were also accountable to the central or Union Government in any kind of activates.

       The process of the Panchayat System / Local-Self Government
The government of Nepal Act 2004 B.S had provided the provision to establish Local-Self Government units like; Village Development Committee (V.D.C.) Municipalities and District Development Committee (D.D.C.) at present. This constitution had constitutionally established the 4 Urban areas as a Municipalities (Nagar Panchayat) they where Kathmandu, Lalitpur, Bhaktapur and Birgunj . Beside it had the provision to organize other units of the Local-Self Government.
      Provision for the Fundamental Rights
The Art 4 of this constitution have laid down the provision for the fundamental rights of the citizen like;
Right to speech, Right to education, Right to Religion
Right to Freedom, Right to voting etc.
Beside this constitution had provided certain duties to its citizens like; Honors the King, Prime Minister, Follow the Laws of the state, To protect the Nation and To provide the service to the state and To pay the Tax.
      Powerful Cabinet vested on Prime Minister
The provision for the cabinet is another basic feature of this constitution. According to Act. 6 to 15 the Prime Minister was De-Jure as well as the De-facto executive who had been selected on the basis of hereditary process. It means it came into the power due to the power which was exercise by his successor and other member of cabinet were also nominated by the Prime Minister himself on the recommendation of the Parliament as well as in his own conscience .
10)  Declare by the Prime Minister
The Government of Nepal Act 2004 B.S was declared by the then Prime Minister Padma Shamsher. Though, the international tradition is that if executive had their in the state he should had to enjoy that right. So, it had to declare the then King Tribhuwan but he denied to exercise that right.
   Bi-Cameral legislature
This constitution had provided the structure of Bi-Cameral legislative institution. Though, its Articles 22 to 47. According to Article 25,”The Upper House was known as Bhardari Shaba and the Lower House was known as Rastra Shaba. The Bhardari Shaba mainly consists with the 60 members who were appointed by the Prime Minister himself.
The Rastra Shaba was organized by 70 members among them the 42 where co-officio members. The remaining 28 members were also nominated by Prime Minster himself.
    Provision for a Cabinet
According to the Government of Nepal Act 2004 B.S there were all together 5 members in the cabinet. Among them 2 were elected by the legislature and the remaining member of cabinet were nominated by the Prime Minister himself. The main Function of the Cabinet were, “to form the policies for the state, to make the budget, to produce the legislature, to produce the bill in parliament and made the coordination among the different organs of government.”
    Provision for the Judiciary
The constitution of the Government of Nepal Act 2004 B.S is the first constitution to make the Judiciary as an organized institution. There were different courts like Judicial Committee consisting 11 members. The Supreme Court the Applet Court and other courts like District level etc.
The main Function of the Judiciary committee was to play the role of Applet court and has to provide the suggestion to the government.
Beside the Judicial committee there was a Supreme Court. According to Art 53-“it had not more than 12 members who were appointed by the Prime Minister.”
The main functions of the Supreme Court were, “to take the final decision and to hear the cases related with the government and individuals and individual and individual themselves. Beside there were other court like the District court etc
     Provision for the Emergency Power
The Emergency Power is the executive power of the chief executive of the state. If any kinds of disturbance occur in any part of the state or in the state then the chief executive of the state can declare the situation of emergency within the concerned area. And such disturbance must make the society chaos and condition of social conflict. It also makes the differences national sovereignty. But such integrity according to this constitution this power was given to the Prime Minister rather than King.
    Provision for the Public Service Commission
The provision to organize the Public Service Commission is another salient feature of this constitution. The main objective to form this Commission is to select the competitive, qualified and Skilled Person for the civil service. According to Art 63 of this constitution there were one chair man and other essential members who were appointed by the prime minister from the different sector of the societies.
Another motive to form this commission was to make the civil service more active effective and accountable to the people.
      Provision to Organize the Constitutional Organization/ commission
The Act also has provided the provision to form the various organizations having the permanent and temporary nature like the Election commission, Public Service Commission, Accountant General, Attorney General etc.
    Provision to establish the Accountant General
To establish an agency to check the public purse which is known as Accountant General is another specific feature of the government of Nepal Act 2004 B.S. earlier there were no such agency to control, monitor and to audit the Public expenditure. So, due to the lacking of such agency the public money may had been miss use by the concerned body who used to control or use the money or budget.

Merits
First constitution is a first merits
Emergency of constitutionalism
Beginning of the democratic concept
Demerits
Failed to implemented
The constitution only for “Name and Fame”

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