'Other' Commission Empowerment Formula

In this message of Dutt, not only a brief glimpse of the work done by the Commission in the five years of its establishment, but also the fact that the work is being done is exposed. In a similar mood are the 'other' seven commissions formed according to the constitution. The constitution of 2072 has provided for 13 constitutional commissions. A constitutional commission is established to strengthen democracy and check executive arbitrariness and promote civil rights.

For that reason, the number of constitutional commissions was slightly increased in the new constitution after many disputes and debates. Election Commission, Abuse of Authority Investigation Commission, Auditor General and Public Service Commission were also constitutional commissions in the previous constitution. In the list of other commissions in the new constitution, National Women's Commission, National Dalit Commission, National Inclusion Commission, Tribal Tribes Commission, Madhesi Commission, Tharu Commission and Muslim Commission were included. The Commission for Dalits and Women was under the Govt. However, the constitution also provided constitutional status to these commissions.

The debates about increasing the financial burden on the state fund and not creating too many structures were also held during the constitution making process. However, the Constituent Assembly came to the conclusion that it is necessary to increase the commission for the justice of the victims of many citizens, who have been exploited for years. Based on that conclusion, the number of constitutional bodies was added. However, if we look at almost 10 years since the constitution was issued, the situation of the commissions that have been running for years and the commissions added by the new constitution are not the same. The Authority, Public Service, Election Commission and Auditor General are organizationally rich from the past. The new commission could neither take an organizational form nor show an effective presence. These commissions themselves are in trouble. They are trying to survive by complaining that they are not able to fulfill the responsibilities given by the constitution and the law.

Low budget, high expectations

The law on commissions mentioned in the new constitution released in 2072 was made only in 2074. Only in the year 2075, after the separate laws of each commission, the legal basis of the new constitutional commission formation process was prepared. Officials who were appointed for a 6-year term in 2077 have already completed half of the term. As their tenure is not completed, the deadline for the review of holding/not holding the Constitutional Commission is approaching next year.

When studying all the 5 annual reports issued so far after the formation of this commission, a common conclusion is found - the budget problem. There are complaints in the report that the budget allocated to such commissions by the government every financial year is not enough and they could not work according to the plan. The expression given by the commissioners saying that the purpose of the commission is no longer there is also connected with this economic issue.

The main source of the Constitutional Commission's budget is the federal reserve fund. Looking at the budget for about 5 years from 2076 including the current financial year, the budget of tribal tribes, Madheshi, Tharu, Muslim and inclusive commissions under 'Other commissions' is around five crores annually. In this way, more than 80 percent of the allocated amount is spent on the salaries and allowances of officials and employees and the purchase of essential materials. As a result, the commissions have not been able to conduct the programs under their scope.

According to the reports submitted by the commissions to the president, it seems that the women's commission has received a budget of more than 100 million due to its structure since the past, but the others have not received even half of that budget. For example: 3 crore 4 lakh 77 thousand 949 rupees was allocated to the Tribal Commission in 2079/80. Of this, only Rs 13 lakh was earmarked for capital expenditure. Out of the allocated budget, 41 lakh 67 thousand 790 was spent on current and 4 lakh 65 thousand 737 on capital. In 2078/79, 30.7 million 27 thousand 58 budget was allocated, only 1.3 million was under the heading of capital expenditure. Out of which about 28 million current expenditure was incurred while only 782 thousand 521 was capital expenditure. In 2077/078, the total annual budget was 31.5 million. Out of which 2.4 million was allocated towards capital. 1 crore 94 lakh was spent on the operational side and 20 lakh 54 thousand on the capital side. In 2076/077, the allocated annual budget of the Tribal Tribes Commission was 43.9 million, of which 1.8 million was allocated for capital. Out of that, 88 lakh 26 thousand 951 i.e. 27.50 percent and 67 thousand 800 i.e. 0.57 percent were spent on capital.

In 2075/076, Tharu Commission allocated 22.2 million rupees for current and 12.23 million rupees for capital and 5.6 million rupees for salaries and allowances of officials. Of that, 98 lakh 13 thousand 265 rupees were spent on current, 1 crore 42 lakh 5 thousand 225 capital and 3 lakh 90 thousand 380 rupees were spent on salaries of officials. In 2079/080, 372 million 40 thousand 465 rupees were spent out of 4 crore 38 lakh 99 thousand 691 budget allocated to the Tharu Commission. In 2079/080, the Muslim Commission spent 276 million rupees out of a budget of 47 million rupees. In the previous year, 30.3 million 99 thousand was spent out of 40 million 29 million allocated to the commission.

The National Inclusion Commission received a budget of 30 million 24 lakh 54 thousand rupees in 2079/080, out of which 3 million rupees 9 lakh 7 thousand 77 rupees were spent. In the last 5 years, the annual budget and expenditure ratio of the Inclusion Commission is similar. Out of the 3.45 million allocated to the Dalit Commission in 2079/080, 3.26 million has been spent. The method of budget allocation and spending is similar in previous years as well. If we look at the budget received by the commissions from the government and its spending style, the commissions in the other list are in a much weaker position than the other commissions. However, since the role and scope of constitutional bodies such as elections, public services, and authorities are large, it is not scientific to compare the budget and expenditure ratio of those commissions.

The constitutional commissions have not been able to spend even though they got a small budget. The main reason for this is lack of staff and infrastructure. Despite having constitutional status, the commissions live in rented houses. There is also no completeness in the ranks of designated employees. Since the Commission for Women already exists, its own infrastructure and organizational structure is relatively strong. The National Commission for Women has 5 branches. There are 38 permanent and 17 temporary staff posts including one secretary. But in other commissions of this group, the staff positions are not that much. There are 13 posts including tribals, Madhesi, Muslims, Tharu, etc.

Dalit Commission has 25 posts. There is a problem to work due to lack of staff and non-filling of posts according to the posts. Employees do not agree to go to such commissions because the budget and programs are also less. Even if they go, they don't last very long. Dalit Commission is an example of how long it will take - 8 secretaries were changed in the first year after the officers were appointed in the year 2077. Such a sequence of secretaries and other employees continues even now. There is a provision to have a staff secretary at the joint secretary level in the commission. By removing and retaining the person who should take the administrative leadership of the commission, the prescribed work cannot be done. Although the Commission hesitated to mention these problems in its annual reports, the Federal Government did not notice them. Which shows how much the commissions are a priority of the federal government.

broad scope and average work

The constitution envisages a community-based constitutional commission to bring the genders and communities that have been deprived for years into the mainstream of the state. The Women's Commission has the authority to correct the weaknesses in the current structure, take complaints from victims and make decisions and recommendations in order to ensure inclusive representation of women in all state agencies. Dalit Commission has the main mandate to play a role in policy changes to end caste untouchability, oppression and discrimination. The Madhesi Commission has been assigned the responsibility of formulating a policy for the protection and promotion of the rights and interests of the Madhesi community, making a detailed study of the identity of the Madhesi community and identifying the caste.

The Tharu Commission has been assigned the task of working for the preservation of Tharu culture and language, while the Tribal Commission has been assigned the task of promoting caste, language, religion and script culture. The Muslim Commission has been assigned a scope of study and research for the economic, social development and empowerment of Muslims and recommending recommendations to the government.

The scope of work prescribed by the constitution and laws is wide. Commissions do not have the resources to delve into this area of ​​work. The commission has spent time only on community-oriented seminars, seminars, interactions with stakeholders and studies and research for policy reforms. The commissions have only done the work of slowly entering the field of work for which they were formed. For example, the Tribal Commission has prepared a draft National Policy on Tribal Tribes, 2080. It has studied the condition of reservation of tribals in civil and health services. It has formulated and recommended to the Ministry of Culture, Tourism and Civil Aviation the Model Procedures for the Establishment and Operation of Tribal Tribe Model Cultural Heritage Village and Ethnic Open-Living Museum Establishment and Operation-2079. According to the suggestions of the experts received from the Tribal Knowledge Conference, the Commission has formulated a preliminary concept paper for the operation of the Tribal Tribal University and recommended it to the provincial governments for implementation.

Similarly, the Madhesi Commission has defined the word 'Madhesh' and its geography. For what is the fragmented population of Madheshi, a documentary has been produced for the true portrayal of the Madheshi profile and cultural situation. The Commission conducted a study on 'access of the Madhesi community in the state' and revealed the fact that 3 percent in the Nepal Army, 8 percent in the civil service, 9 percent in the Armed Police Force, 12 percent in the Nepal Police and 12.11 percent in the Nepal Rastra Bank.

The Tharu Commission has prepared a study report on the history of their community along with surname listing. It has cataloged the archaeological cultural heritage of Tharu. The commission has taken interest in sickle cell anemia disease and raised the issue of its treatment campaign. The Muslim Commission has organized programs to enhance the capacity of community representatives. Madrasah has worked to organize and refine education, and to increase the number of Muslim communities in government services, including civil service, by conducting free preparatory classes. The National Inclusion Commission has been studying and giving suggestions to the government on matters such as listing the surnames of backward classes, Karnali civilization, basis of tribal identity, reservation in higher education, political inclusion, basis of backward area identification.

The Women's Commission carries out awareness programs, policy advocacy, on-site monitoring of incidents of gender-based violence and the government's work for the protection and promotion of women's rights and prevention of gender-based violence. Helpline and handling of complaints received by the commission, legal counseling and psychological counseling for women affected by violence are the areas of work of the commission. The Dalit Commission monitors incidents of caste untouchability and discrimination and violation of Dalit rights, takes suggestions regarding listing of Dalit surnames, orientation program for Dalit public representatives, recommends to the government to correct names and surnames in educational certificates.

After the conflict of scope of work

was mentioned in the constitution, separate laws of the Commission were made based on it. However, since some commissions are of the same nature, there is also a conflict in terms of scope and working style. Like: Tribals and Tharu Commission are different. Tharu also belong to the group of tribal tribes. So it looks like there are two commissions for the same group.

One of the main objectives of all commissions seems to be bringing forward and inclusive communities that are far from the mainstream of the state. For that, there is a separate commission aimed at the community, but there is also a national inclusive commission that works in a similar nature. Subjects falling within the jurisdiction of the other 6 commissions are also attracted to the jurisdiction of the inclusive commission. The result of that is the dispute between the Inclusion Commission and 6 other commissions in January last year. At that time, tribal tribes, Madhesi, Tharu, Muslims, women and Dalits organized a protest against the report prepared by the Inclusion Commission. On the other hand, the commission formed to ensure inclusion objected that the report was prepared in such a way as not to allow the marginalized communities to come within the reach of the state. This incident has caused bitterness among the commissions.

upcoming path

Commissions are approaching the review stage next year according to the constitution after not working fully for one term. It is certainly not pleasant to come to the stage of review without achieving the purpose of the commission with which it was created. Now the government is preparing for the annual policy and program and budget. In evaluation that the commission required to complete the community in the mainstream, the Commission is now necessary to review the working facilities and the project. & Nbsp;

now has spent the commissioners in the budget basically spent on the budget. If the total budget of the commission is connecting a total budget, the annual periodic cost. But everyone is originally doing just the general work of seminars, interaction, study and monitoring. No quality work is available for the rights of the commissions to the rights of the community in deprived. The government has not also shown ready work and suggestions. Each commission should be objected to disobey his suggestions in the report. & NBSP;

is not the justification of keeping so much organizations as a constitutional commission, which is not interested in the local level or the work of a federal office. To complete the purpose of the constitution, the government needs to pay attention to the structural reform of the Constitutional Commission.