KATHMANDU, Feb 17: The Ministry of Federal Affairs and General Administration (MoFAGA) has prepared a draft bill to amend the Local Government Operation Act-2074 BS, allowing the federal government to suspend the local executive for up to six months.
MoFAGA has released the draft for seeking suggestions from the public. The proposed amendments outline provisions enabling the federal government to suspend a local executive if any decision or action is deemed detrimental to the nation's territorial integrity, sovereignty, or nationalism.
The draft suggests the suspension of the local executive for a maximum of six months based on the recommendation of the Provincial Council of Ministers, with the final decision resting with the Government of Nepal. The bill proposes that during the suspension period, the federal government, in coordination with the state government, can specify the duties of the executive and officials through the chief administrative officer or other employees.
Authorities state that this proposal comes after analyzing situations where decisions made at the local level in the name of autonomy could potentially compromise the country's geographical integrity, sovereignty, and nationalism.
An official from MoFAGA stated, "We've observed instances where mayors have taken controversial actions, claiming the local level operates as a separate government entity. Hence, this proposal aims to safeguard our geographical integrity and sovereignty against such actions in the future."
The official mentioned that the proposal was included in the initial draft based on suggestions from stakeholders. However, local level associations and federations have objected to the proposal. Laxmi Devi Pandey, chairperson of the National Association of Rural Municipalities in Nepal (NARMIN), said that such an arrangement is possible only if the constitution itself is suspended.
Constitutional and administrative expert Kashiraj Dahal notes that the constitution lacks provisions to control actions at the local level against geographical integrity, sovereignty, and nationalism. Article 232(8) of the Constitution empowers the Government of Nepal to provide necessary support and instructions to the village or municipal executive, and the draft bill aims to address the need for specific measures at the local level.
Dahal suggests that the legal arrangement should ensure that the concerned executive is given a proper explanation and an opportunity to clarify their actions.