- What is constitutional organs? Give brief introduction of any four constitutional organs.
- The legislative, executive & judiciary are the main organs of the state formed to run the country. But they are not sufficient to operate the whole country. The state has to perform several tasks, for this other bodies are also required. If such bodies are mentioned in the constitution along with their formation, power & functions, they are called constitutional organs.
Constitutional organs mentioned in present constitution of Nepal are :
( a) Commission for the investigation abuse of authority (CIAA):
There is the provision of the commission for the investigation abuse of authority in part 21 of the present Constitution of Nepal 2072.There is a chief commissioner & other
commissioners is CIAA who are appointed by the President for a period of six years. They retire at the age of 65.
The commission has been constituted in order to present abuse of authority. It conducts inquiries & investigation of improper conduct or corruption by a person holding any public office except army. If the commission finds upon inquiry that a person holding any public post has committed an act which is defined illegal by law, it may recommend for departmental sanction or file the case in court again such a person. The commission submits an annual report of its works to the president.
(b) Auditor- General :
Part 22 of the present Constitution of Nepal 2072 has mentioned about the provision of
Auditor- General. There is an Auditor-General in Nepal who is appointed by the President for
the period of six years. He\S he retires at the age of 65.
The main function of Auditor –general is to audit all the accounts of the Supreme Court, the parliament, CIAA, Nepal army, armed police force, election commission, national human right commission & other government offices. He/she is consulted by the government while appointing auditors for carrying out the audit of any corporate body including corporations of which the government has the ownership of more than 50% of the shares. The Auditor – General submits an annual report of his / her work to the President.
(C) Public Service commission :
There is the provision of Public service commission in the Part 23 of the Present Constitution of Nepal 2072. There is a chairman & other members in the commission who are appointed by the President on the recommendation of the constitutional council for the period of 6 years. 50% members of public service commission are appointed from among the civil servants who have served for 20 years or more than that in government service. Rest of the members are appointed from among the people who have become renowned in the field of science, technology, arts , literature , law ,sociology or any areas of national life like research ,teaching, etc.
The main function of public service commission is to conduct examinations for the selection of suitable candidates to be appointed for the various posts of civil service. Civil service include all services & positions in government of Nepal except Nepal army, armed police or Nepal police & those that are termed as non-civil. The commission conducts all the procedures like examinations, interviews, etc. to select candidates every year & recommend them for appointment in concerned posts and positions in the government services. The public service commission submits its annual report to the President.
Part 24 of the present Constitution of Nepal 2072 has mentioned the provision of election commission. There is one chief commissioner and four other commissioners who are appointed by the President on the recommendation of the constitutional council for the period of 6 years. They retire at the age of 65.
The main functions of election commission is to conduct, supervise, direct , & control the election for Parliament, constitutional Assembly , & local bodies like VDC, Municipality ,DDC. For this the commission prepares the electro roll ballot papers etc. To conduct the elections, the government provides necessary human power & other support to the commission.
(e) National Human Rights Commission: Part 25 ………………………
Q.Give the introduction of Universal Human Rights Declaration & mention it’s any seven provisions.
- The socially recognized claims of individuals are known as rights. The rights needed for an individual for his/ her all round development without any external interference are known as Human Rights.
With a view to provide necessary requirements for people’s growth and development & to make the government aware of their duties towards the citizens of their respective countries, the UN has declared Human Rights in 1948 AD to be followed by its member countries. It was the tireless efforts of Eleanor Roosevelt, the wife of former US President Franklin D. Roosevelt, which resulted in the issue of the first Universal Declaration of Human Right by General Assembly of the UN on 10th December 1948AD.
Seven provisions of Universal Declaration of Human Rights are as follows :
- Articles 1 said that all people are born free. All have equal prestige an all should behave amicably with each other.
- Article 2 prohibits the discrimination in freedom & rights as provided by the declaration on the basis of caste, color, sex, language, religion ,political ideology , contrary opinion, nationality or birth, property , social , background etc.
- Articles 4 advocate that no one shall be held in slavery ,slave trade shall be prohibited in all their forms.
- Articles 5 says that no one shall be subjected to torture or to cruel , inhuman or degrading treatment,
- Everyone has right of recognition as human being.
- Everyone has the right to life, liberty & security.
- All are equal before the law & are entitle without any discrimination to equal protection of law.