do you think Nepal government exclusively follows rule of law while governing the country ?
Answers
Answer:
The Nepali state invests a significant amount of resources in maintaining a government
that is responsible for ensuring a fairly extensive list of services to citizens. At the village
level, it is not unusual to find about 40-50 civil servants, including teachers, agriculture
and health extension workers, police personnel and Village Development Committee
officials deputed for providing public services. In the districts, even in relatively lessserved districts, there are around 600-800 persons on the government payroll, including
those serving in the courts, urban development, and other services. At the centre, the
government becomes more complex with various executive, legislature, judicial service
units, public enterprises, security agencies, universities, development committees and
commissions, among others. As result of this investment there is a system of government
that is capable of opening its doors to the public each day –that the efficiency, accountability,
and responsiveness of these agencies is at a less than desirable level is something else.
In addition to this formal structure of the state, Nepali citizens rely on a range of
informal arrangements to fill the void created by a weak state. Clearly, states rarely
function the way they are meant to and often the government, for various reasons, even
breaches its own procedures. This, for instance, is most visible in the untimely transfers of
government officials and ad hoc fund allocations, particularly, at the local level. In other
instances, because of unfunded mandates and lack of human resources many functions of
the government are never executed. Beyond inability to rule by law and capacity issues,
individual interests and incentives also produce behaviors and practices that are not
described in formal documents.
The Nepali public authority, therefore, includes both the formal and informal structures
of governance and documenting this in its entirety requires a massive undertaking. This
study limits itself to describing how the state is structured, how it has evolved over time,
its essential functions and the practices that drive it – or don’t. Along with descriptions of
the various state organs, this study captures some informal aspects of governance practice
in Nepal by discussing both de jure and de facto state of governance, where applicable.
The document has two main purposes. Firstly, there is no reliable description of how
government is organized and how it functions even though it is the largest line item in the
annual budget. This information can provide a reference to key decision makers, reform
advocates, donors and the Nepali public. Secondly, as Nepal prepares itself to federalize, a
ready reference to the structure and function of the existing Nepali state is always a useful
information tool for planning new structures, and such information is not available
from a single source. The second purpose of this report is to provide a comprehensive
description of the architecture of the government as that can assist the process of planning
government in the context of federalization
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