There is no reason for the federal government to be stingy when it comes to power sharing unless it is unable to change its ‘unitary mindset’

Elected representatives of the local levels are up in arms against what they see as attempts by the federal government to centralise the powers that they are entitled to. So, although the country is in essence a federal republic, the way the central government is infringing upon the rights of the provinces, the future will be no better than the unitary state that has been constitutionally done away with. For instance, the federal government had scrapped the district offices that looked after education, health, agriculture, forests, land, livestock, industry and cooperatives. However, instead of handing over the reins of these offices to the local governments, the federal government is taking initiatives to revive them. The rights of the federal, provincial and local governments are clearly demarcated in the constitution. And Schedule 8 of the constitution clearly gives 22 absolute rights to the 753 local governments. So it behoves the federal and provincial governments to frame the laws accordingly.

This is not the first time that the elected representatives of the local levels and the provincial governments have raised voices over power sharing with the federal government. The way some of the umbrella laws are being drafted by the federal government raises questions about its commitment to federalism. Earlier, the federal government’s quest to give the CDO, appointed by the centre, a pivotal role in maintaining peace and security of the provinces drew much flak from both the opposition and ruling party lawmakers in the federal parliament. The Nepal Police and Provincial Police Bill, registered in the parliament, is seen as an attempt to weaken the provincial police as it gives sweeping powers to the CDO, although the constitution has clearly stated that the provinces have the authority to set up the police administration and maintain peace and order whereas the local bodies have the power to appoint and manage the town police. The Civil Servants Adjustment Bill that gives the Prime Minister authority to appoint the secretary of the provinces also saw an uproar.

The constant friction between the federal government and the sub-national governments does not augur well for giving federalism a push. A delegation comprising elected representatives of the local levels is in town and has met the Prime Minister, the Speaker, the Chief Whips of the ruling and opposition parties and the president of the Nepali Congress party to present their case. The Prime Minister told the delegation that the powers guaranteed by the constitution would be transferred to them gradually once they had built their capacity to execute the given tasks. But then the local governments have been elected by the people, and there must be plenty of expectations from them. So if all the powers are concentrated in the centre as in the past, how are the provincial and local governments to deliver their services? There is no reason for the federal government to be stingy when it comes to power sharing unless it is unable to change its ‘unitary mindset’.

Take legal action

Many crusher industries across the country are operating illegally, causing severe damage to the environment. Although there is a law governing the extraction of sand and boulders from the rivers, none of the elected bodies or law enforcement agency seems to be taking action against those who have breached the law. There is a close nexus among the crusher industries, local politicians, the police and bureaucrats when it comes to exploiting the natural resources of the rivers. Haphazard exploitation of river products has resulted in flash floods, landslides and erosion of river banks.

The fragile Chure hills have been affected the most due to over extraction of sand and boulders. The conservation efforts launched under the President Chure Conservation Programme has remained ineffective thanks to the poor implementation of the laws. A report from Mahottari district tells how the river products are being over-extracted from the rivers originating from the Chure range. Locals have taken to the streets demanding a total ban on the extraction of river products. The locals say the crusher operators threaten them with dire consequences should they go against their business. The authorities must take stern action against the illegal crusher industries if the environment is to be protected.