political problems or challenges:

 Populist Measures: Short-term policies aimed at gaining public approval but lacking long-
term benefits.
 Kleptocracy: Rule by corrupt, thieving leaders.
 policy paralysis: delayed decision making due to political disagreements.
 Global Geopolitical Pressures: Domestic policies influenced by international alliances
and rivalries.
 Political oligarchy: restricted leadership circulation creating political dynasties.
 Machiavelian politics: unethical politics based on the end justifies the means ( source:
the prince )
 volatile nature of shadow government (opposition).
 Disregard of wisdom- horses for courses .....square peg in a round hole .

administrative challenges
 Macro-micro paradox: also called paper tiger resolution. (good at planning ; bad at
implementation)
 chances of cultural misfits.
 Accumulation of dysfunctional characteristics: manana culture,redtapism,bureaucratic
inertia and turbulance, sycophancy.
 empire building nature.
 blended accounting.
 departmental silos and buck passing.
 Dual nature of service delivery with faster services for elites.
 unnecessary role of middle person.
 Failure to implement the Bottom-Up Approach in development planning.

economic or finacial problems:

 Fiscal deficit ( excess in government expenditure over government revenues= trade

deficit: 10.5: 1 )
 Stagnant wages ( no growth in real wages despite economic progress).
 twin balancesheet problem (Stress in both banks and corporate balance sheets,
affecting lending and investment).
 crony capitalism ( favoritism due to close government-business ties).

 Shadow Economy: Unregulated and untaxed informal sector activities. ( around 40% of
economy).
 Aid-trap and dept-trap diplomacy: resulting loss of economic sovereignty.
 Aid vapourization
 Aid fragmentation
 Aid corruption
 Low absorption capacity
 Aid inequality
 Low predictability
 big donars are out of ring

legal problems:
 Judicial backlog: pending cases 079/80 statistics only 62 percent of lawsuit registered
are resolved by court
 legal ambiguity
 uncle judge syndrome : promoting nepotism and favoritism.
 log rolling and venue shopping.
 hot stove rule. (dealing problems that needs immediate precautions).
 Frivolous Litigation (Lawsuits with no legal merit or baseless that burden the legal
system and waste resources) or clogging the judiciary with baseless litigations.
 litigation cost burden( docket congestion) ( costlier judicial system)


societal and cultural challenges:

 persistent patriachial thinking in society
 glass ceiling. ( barrier for womens and marginalized people to advance despite their
capacity)
 triple burden (0verlapping roles of women) -( reproductivework , family
( community)work and productive work ( income generationg activities)).
 Generational proverty: cyclical proverty passed down through generations.
 Generational Divide: Conflicts between older and younger generations over values and
priorities.
 Moral Panic Syndrome – Exaggerated societal fear over certain issues, often media-
driven. ex- child abduction, tiktok ban debates, etc.
 Rural dogmatic (stubborn to certain belief) perspective: adherence to rigid ,
unquestioning belief system rooted in traditional rural values and system.
ex- arranged marriage without concerns, resistance to modernization, iron work by
lower caste, tailoring work by dalits, skepticisim over private jobs,etc
 Echo Chamber Effect – Social polarization due to reinforcement of biased opinions.

technological challenges:
 Digital divide : rural vs urban digital literacy gap.
 technological obscelescence due to rapid rate of innovation.
 Cybersecurity Threats: Risks of hacking, data breaches, and cybercrime. ex-1st falgun
cyber attack on domain of koshi province impacting 21 sub-domain, 1st poush attack on
server of metereological department

example: turkish attack in password department ( 2017) , foodmandu data breach case,
 Algorithmic Bias or AI prejudice: Systematic unfairness in AI systems caused by biased
data, flawed design, leading to discriminatory outcomes.
Example : Amazon's AI recruitment bias case (2018)


ecological challenges:
 Urban Heat Islands: Localized warming in cities due to concretization, vegetation loss.
 Eco-Gentrification – When environmental initiatives disproportionately displace lower-
income communities. example: pokhara lakeside development, clean bagmati
initiatives, green lallitpur initiatives increasing the beautifications of local area but
unintentionally increasing the cost of living making life of poor people difficult.
 loss of carbon sink : deforestation, forest fire, urbanizations.
 Bio piracy : commercially exploiting the biological materials and local knowledge
without proper permission or required compensions to local community.
 urban sprawl: unplanned urbanization leading to Urban flooding, urban slumps .
 Diversion of agricultural land for commericial and non- agricultural purpose.

 others:
 civil society guided by donors motives and influenced by political idelogies
 costlier justice system ( Docket congestion) .
 subordination of national interest over local interest. (issues in naming of state's ,
Mukumlum cable car's issues, fast track issues and hydropower issues)
 weak administrative and techinical capabilities of local level may lead to inefficiency of
public service delivery.
 Zombie economy.
 wealth concentration chokehold.
 mob justice: 2020 case of nawaraj b.k. and his fellows.
 Custodial brutality :( reena's rasaili case still remains in transitional limbo(uncertainity))
 delinquency ( failure to fulfill duty or obligations, typically in moral or legal sense)
 anti-thesis of governance, anti thesis of freedom, democracy, finance, (anti-thesis-
oppossition).
 Resource curse problem problem: abundant natural resources and hydropower are
underutilized due to governance and strategic gaps.

सुधार:

Political solutions:

 Practices of horses for courses. (a square peg in square hole)

 adherence of bottom-up approach during planning
 Data based decision making rather than faith based.


administrative solutions:

 creative friday and good friday approach: employees to step away from routine tasks
and focus on wellbeing,brainstorming, problem-solving, or passion projects.
 Introducing Key performance indicators for benchmarking of performance. ( KPI's)
 Introducing one stop and integrated service centers.
 Ending Haw-effect in service delivery: pro-active during supervision and monitoring but
passive after observations.
  Arrange organized door steps service delivery for those unreached and marginalized
groups.
 strong bottom-up approach during planning ( decentralization- local participation)


Legal solutions:

 Illuminating legal maxims for more legal literacy and more informed just
society.
( legal maxim: Ignorantia legis neminem excusat: ignorance of law is no
excuse, actus non facit reum, nisi sit mens rea).
 forge a bold path of legal recourse to conquer brutality with justice light's.



SOCIAL AND CULTURAL SOLUTIONS:

 Socio-Cultural Parlance : ( उखान टुक्का- केपि ओली समाजिक-

साँस्कृतिक अभिव्यक्ति)
Refers to the way people use their language, idoms, expression and
traditions to display their social and cultural ideas, values and norms..

In other way, the use of proverbs, rituals, or dialects to convey socio-

cultural values , identity and way of life

Techincal solutions:

 Bug bounty programs : a rewards mechanism to determine bugs or glitch within

the matrix or system.
 Digital twin technology : replica of physical world in virtual avenue, helps in real
time simulation and planning.

Economic solution:

Project bank: is a database of prioritized, systematic and bankable ( ready for investment)
projects that aligns with national policies and national development interest.

 Meta policy : annual and masters plans.

 One-stop agency
 on-budgetary - on treasury
 focus on improvement of Nepal's sovereign credit rating ( currently BB- moderate credit
risk) for international bond market (issue bond in int. marketby nepal) and FDI.
 currency hedging mechanism to counter fluctuations with exchange rate.
 Ensure Viability gap funding ( VGF) backed incentives for better financial risk sharing and
increased private sector participation in infrastructure projects.
 Enhance aid analysis capacity
 Enhance PDMO capacity
 Enchance structure and policy structure
 Reduce aid-fragmentation

Environmental solutions:
5.2 legislative inter-relationship between federation, state and local level.

Introduction :
The legislative interrelationship among the federal, provincial, and local levels is inherently
linked to the broader governance and state power relations. As per Article 232 of the
Constitution of Nepal, their relationship is based on the principles of cooperation, coexistence,
and coordination. Legislative authority is divided among the three levels, ensuring they
function within their jurisdiction. Additionally, as per Article 56(2), all levels exercise state
power in accordance with the Constitution and laws, maintaining a structured and harmonious
governance system.
jurisdiction of law made by federation and provinces:

 article 231federal law shall be applicable on overall territory or with a specificed region
with in the territory of nepal.
 article 231Provincial law shall be applicable on overall territory of provinces or with a
specificed region with in the territory within the provinces.
 article 235-Federation shall make a necessary law inorder to make co-ordination
between federation, state and local level.
 article 235- state assembly shall resolve any political dispute between state and local
level being based on state law .

 When the Federal Government Makes Laws

 co-ordination with provincial government

→law and policies relating to Schedule-6 ( upon request of two or more provinces- article 231)

→ laws and policies relating to Schedule-7 (Concurrent Powers)

→subject of Residual Powers (Article 58) & subject of of Provincial Concerns

 co-ordination with local government:

→National Plans & Policies (Applicable to Local Levels)

→Other Necessary Matters as deemed appropriate by the Government of Nepal.

 Coordinate with both provincial and local governments.

→laws and policies enumerated in Schedule-9 (Concurrent Powers of all levels)

→Policies of Revenue Distribution & New Tax System Implementation

  When the Provincial Government Makes Laws

→laws and policies enumerated in Schedule-7 & Schedule-9 (Concurrent Powers) → Coordinate
with the relevant ministries of the Government of Nepal.

→laws and policies enumerated in Schedule-9 → Coordinate with the local governments within
the province.

→ one state shall co-ordinate on execution of legal, administrative and judicial provision,
( article 233- relation between states)

→Additionally , they should exchange information on matters of common concerns and provide
equal treatments, facilities and security to people of another state. ( article 233)

 When the Local Government Makes Laws

→laws and policies enumerated in Schedule-9 (Concurrent Powers) → Coordinate with the
relevant ministries of the Government of Nepal & the concerned ministries of provinces.

ALTERNATIVELY:

 On matters of concurrent powers, all levels of government have the authority to make laws.
When doing so, provinces must ensure their laws do not conflict with federal laws, and local
levels must ensure their laws do not conflict with federal and provincial laws. If conflicts arise,
the laws will be invalid to the extent of the conflict (Article 57, clauses 5, 6, 7).

 Regarding executive powers of local levels, the federal government will make laws to organize
and regulate this (Article 214(1)).

 Village and municipal assemblies must follow the procedures outlined by provincial laws
when making laws.
 The operation of village and municipal assemblies, including meeting procedures, committee
formation, vacancy of members, benefits for assembly members, and arrangements for the staff
and offices of village and municipal governments, will be governed by provincial laws (Article
227).

 If two or more provinces request the federal government to make laws on matters within
their exclusive jurisdiction, the federal parliament can make the necessary laws (Article 231(3)).

 The federal parliament will make laws to ensure coordination between the federal, provincial,
and local governments (Article 235(1)).

 The provincial parliament will make laws to ensure coordination between provinces,
municipalities, or rural municipalities. If political disputes arise within the province, the
provincial parliament will coordinate with the relevant municipalities, rural municipalities, and
district coordination committees to resolve the dispute, and such resolutions will be in
accordance with provincial laws (Article 235(2,3)).

 The provincial parliament must make laws that do not contradict the laws made by the
federal government.

 Village or municipal assemblies must formulate laws that do not contradict the federal laws
and the laws made by the provincial parliament.

 Provinces and local levels can make laws on matters within their exclusive jurisdiction, but
when dealing with matters under the concurrent powers of the federal and provincial
governments, provinces must make laws that do not contradict federal laws.

 On matters listed in the jurisdiction of the federal, provincial, and local governments, local
levels can make laws, provided they do not contradict the laws made by the federal and
provincial governments.

 Even though there is a legislative and executive organizational structure at all three levels of
government under federalism, the management procedures of local governments will be
governed by provincial laws.

 The residual legislative powers will remain with the federal government.

Some Issues/Challenges

 In the early stages of federalism, the bodies responsible for making laws did not pass
the necessary laws initially, causing problems for other levels of government (e.g.,
Federal Civil Service Act, Education-related laws).
 The provincial laws that are supposed to guide the lawmaking process at the local level
have been criticized for not addressing practical realities.

 Although the interrelationship matters are defined in the Constitution, Federal/Central

Hegemony still persists.

 There are concerns about interference in the functional independence and autonomy
of provincial and local governments.

 Particularly at the local level, there is a lack of legislative capacity and experience.

 Problems have arisen from the implementation of federalism all at once, rather than in
phases.

 Issues between the federal and provincial governments have even reached the
Constitutional Bench of the Supreme Court.

o For example, the Sagar Nath Forest Project in Province No. 2.

Solutions :
 Develop excellent inter-level coordination.
 All three levels of government must fulfill their responsibilities on time,
as specified by the Constitution.
 End central/federal hegemony, ensuring that provincial and local levels
consider their constitutional and legal boundaries.
 Embrace the core principles of federalism, adopting the concept of
extensive decentralization (Government at the door).
 End the mentality that all structures and assets belong to the federal
government, particularly by institutionalizing provincial-level structures
and equipping them with adequate resources.
 The federal government should carry out capacity-building activities to
enhance the legislative efficiency of local levels.
 Focus on matters within exclusive jurisdiction, and coordinate on matters
of shared jurisdiction.
 When making laws, consider and study their long-term impact.
 Make dispute resolution mechanisms active, efficient, and quick.
law making and legislation procedure:
Pre-legislation:

 Policy Discussion and subject analysis: identification for requirement of new law
and amendment to exisiting law.

 Development of concept or theoretical note: (bill's principles)

. Approval of bill's Principles or concept note : Obtaining agreement on the

fundamental principles from the Ministry of Law, Justice, and Parliamentary Affairs and
other relevant ministries.

 Final Approval of bill's Principles or concept note: Securing the final approval of
the bill's principles from the Council of Ministers.

 Preparation of Initial Draft: The concerned ministry drafts the initial version of the
bill, (incorporating feedback consultative services from other ministries and
stakeholders).

 Final Draft Approval: The Ministry of Law, Justice, and Parliamentary Affairs
approves the final draft of the bill.

 Submission to the Council of Ministers: The concerned ministry submits the bill to
the Council of Ministers for approval.

 Referral to Bill committee of COM: based on depth of the bill, it refe:rred to the bill
committee for detailed examination.

 Committee Approval: The committee reviews and approves the bill.

 Submission to the Concerned Ministry: The approved bill is sent back to the
concerned ministry.

 Review and Amendments: The Ministry of Law, Justice, and Parliamentary Affairs
finally reviews the bill and suggests necessary amendments.
 Final Submission: The concerned ministry submits the final version of the bill to the
Federal Parliament Secretariat for registration.

pre- legislation ( sudhir note's)

 Identification of the Need for Legislation:

Recognizing the necessity for a new law or an amendment based on

constitutional provisions, government policies, court decisions, international
treaties and agreements, or the needs and demands of citizens.

 Conceptual Agreement:

Obtaining in-principle agreement from the Ministry of Law, Justice, and

Parliamentary Affairs, as well as the Council of Ministers, on the
fundamental principles of the proposed legislation.

 Preparation of the Initial Draft of the Bill:

The concerned ministry, with the assistance of experts, prepares the initial
draft of the bill.

 Review and Refinement of the Draft:

The Ministry of Law, Justice, and Parliamentary Affairs reviews and

refines the draft to ensure legal consistency and clarity.

 Consultation with Stakeholders:

If necessary, seeking opinions and consultations from relevant stakeholders

to gather diverse perspectives and insights.

 Presentation to the Council of Ministers:

Submitting the draft bill to the Council of Ministers for discussion and
approval.

 Discussion in the Bill Committee:

 The bill is discussed in the Bill Committee, and upon thorough deliberation,
it is approved for presentation to the Parliament

During legislation:

 bill registered in parliament in parliamentary secretariat.

 distribution of bill to parliamentarian.
 notice of disagreement ( बिरोधको जानकारी with in 5 days in NA and for HOR
before 2 days bill being presented in house )
 Bill officially presented in house.
 conceptual or theoretical discussion of bill ( सैदान्तिक छलफल) ( sometimes
conceptual discussion takes place after public opions).
 notice of amendments. ( with in 72 hrs after conceptual discussion)
 amendment approval.
 clause-by-clasue discussion of bill in parliament.
 based on depth, size and nature bill is sent to parliamentary committee for clause-
by-clause discussion.
 report of committee with amendments presented and discussed in the house.
 approval of bill by the house
 bill sent to another house and similar procedures are followed and returned to
house of origin after approval or amendments.
 bill sent to president for assent.

Post legislation:
 publication of laws in Nepal gazettee to inform general public
 structural arrangement for implementation of law
 necessary rules and procedures for implementation of law .
 post legislation scrutiny (PLS): test of implementation of law .

Challenges of legislation
 Unclear Policy Objectives Leading to Legislation
 Superficial Explanatory Notes During Bill Submission: Accompanying
documents such as statements of purpose, financial notes, and explanations of
delegated powers are frequently cursory and lack depth, failing to provide adequate
context for the proposed legislation.
 There is an absence of effective practices to incorporate public input and citizen
perspectives during the formulation of bills.
 Frequent Amendments and Prolonged Parliamentary Deliberations.
 Over-Reliance on Delegated Legislation for Fundamental Aspects
 Excessive Flexibility in Accepting Delegated Legislation: broad acceptance of delegated
legislation without stringent scrutiny
 proposing a single bills to amends multiple laws at a time. ( ex- 19 laws were proposed
to amend in case of money laundering case)
 Presenting amendment proposals within 72 hours is challenging.
 Constitutional ambiguity (Federal Hegemony).
 Challenges of simplifying the law both linguistically and structurally.
 Making the law rational, non-controversial, and just.
 Inability to make post-legislative scrutiny a part of legal management.