Expectations from a Karki-led government facing challenges in terms of good governance

Expectations from a Karki-led government facing challenges in terms of good governance

Dr. Khimlal Devkota

Member of the Constituent Assembly and Senior Advocate

Introduction

Good governance is the cornerstone of democratic stability, justice, and development. It refers to the effective, transparent, accountable, and participatory use of power in the management of the country's resources and affairs. In Nepal's political landscape, leadership transitions have often come with hopes of reform and disappointment in performance. Among those who have captured the public's attention for their integrity, courage, and commitment to justice, Sushila Karki stands out as a rare figure. Whether she is in this position by necessity or by someone's design, the future will confirm. However, the ethics and judicial activism she demonstrated as the first female Chief Justice before becoming Prime Minister continue to pave the way for discussions about the kind of governance Nepal wants.

This article discusses the expectations that the Nepali people and democratic institutions have of a Prime Minister like Sushila Karki. It is natural to expect more from Sushila Karki, who is especially imbued with a deep understanding of law, ethics, and justice, especially in the context of good governance. Especially her statement that corruption can be ended in a week, even if it is only five of her leaders, has become a yardstick by which to measure her.

The six-month government, with the election as its main responsibility, faced the sarcasm of the ousted Prime Minister, her own prejudices towards political parties, the controversial past of the government ministers, the situation where the asset details have not been made public so far, and the Council of Ministers has not even been given a complete mandate.

Various demands of various kinds of genji, most of the demands are outside the constitution, the government formed on the foundation of the movement for good governance, the start of the recovery business from hydro, the eternal movement and its economy, youth psychology and on top of that, the bread of foreign interests, the Dalai Lama's death in this mess and the increased interest of the West are the burning issues of Nepali politics today. The current government, eager to travel on the edge of the khukuri by solving all these issues, is on a mountain of challenges. The government is in a dilemma of reaching its destination or surrendering itself.

Less than a month after the formation of the government, there has been an attempt to put pressure by naming another former Chief Justice and a former President. Balen and Sudhan, who were pressuring Oli and Lekhak to arrest them, have given up after a complaint was filed against them. Miraj, Durga, and Nikolas are busy in their shops, and Balen and Victor are busy with hot ashes. Nepali politics is in a place where it is impossible to review. In such an environment, there is a government led by Sushila Karki. It is needless to keep repeating that there is no easy solution like shouting on the streets. In any case, Nepali politics is in the throes of a crisis. If the crisis can be resolved, progress can be made; otherwise, the very existence of the country is in danger. The people have not stopped expecting good governance from a government born in such a background.

1. The challenge of establishing integrity and moral leadership

The foundation of good governance is honesty. The moral commitment to work for the public good rather than personal or party gain is the main thing. The challenges of Nepal's governance largely arise from the crisis of people's trust in the leadership. Sushila Karki, known for her uncompromising stance against corruption and political influence in the judiciary, has naturally expected reform-oriented results.

During her tenure as Chief Justice, her judicial career was characterized by personal integrity and refusal to bow to political pressure, in addition to the appointment of judges. As Prime Minister, similar ethical leadership is expected, one that emphasizes clean politics, transparently declares assets, and ensures that all members of the government adhere to conflict of interest standards. Such ethical leadership can help restore the moral compass of governance in Nepal, inspiring both the bureaucracy and citizens to act ethically.

2. Another challenge is the expectation to strengthen the rule of law

The rule of law is the backbone of democratic governance. Sushila Karki’s legal background will enable her to ensure that laws are implemented fairly and institutions operate independently. One of her landmark decisions as Chief Justice, disqualifying politically connected candidates from government contracts and appointments, demonstrated her belief that no one is above the law. Against this backdrop, as Prime Minister, her approach is likely to focus on:

• ·Ensuring the independence of the judiciary and constitutional commissions from executive interference.
• · Promoting law reforms that are consistent with constitutional principles and international standards.
• ·Implement judicial accountability through transparent appointment and performance appraisal mechanisms.
• ·Strengthen constitutional bodies and other monitoring and oversight institutions to check executive overreach.
• ·Emphasis on the rule of law will prevent arbitrary use of power and promote predictability in governance, an essential feature of good governance.

3. The challenge of systematically combating corruption

Corruption is Nepal’s most entrenched disease, which has become a formidable challenge to governance, undermining development and trust in democracy. Sushila Karki’s judicial history was a continuous effort to discourage corruption and abuse of power. One of theAs Prime Minister, the public expects him to institutionalize anti-corruption reforms and see results. His good governance agenda is likely to include:

• ·  Strengthening the Commission for the Investigation of Abuse of Authority through genuine independence and legal clarity.
• ·       Promoting whistleblower protection laws and citizen oversight mechanisms.
• ·       Enhancing transparency in public procurement through digital platforms and audit systems.
• ·       Promoting public officials’ asset disclosures.
• ·       Promoting a culture of accountability at all levels of federal, provincial, and local government.
• Contrary to popular anti-corruption slogans and stunts, his legal approach will emphasize institutional reform, legal safeguards, and citizen empowerment, not political retribution.

4. The challenge of promoting transparency and the right to information

Transparency is a prerequisite for accountability. The Nepalese state has struggled to institutionalize practical transparency beyond the rhetoric of open government. Sushila Karki's government will ensure justice and not be subjected to injustice, which is seen in practice as naturally consistent with the principles of open governance based on the belief that there should be no injustice. In the role of Prime Minister, her initiatives may include the following:

5. The Challenge of Accountability and Performance-Based Governance

Accountability is the belief that those exercising public power are responsible for their actions. Lack of monitoring, weak oversight and political protectionism have weakened Nepal’s governance culture. This government is expected to deliver a different perception, with accountability not seen as punishment, but as a continuous process of performance monitoring. A Karki-led government is likely to do the following:

• ·       Institute performance agreements for ministers, civil servants and public enterprises in practice.
• ·   Strengthen parliamentary committees for effective monitoring, oversight and oversight of all executive decisions of the government.
• ·    Promote post-legislative scrutiny to measure the implementation of laws, assess their effectiveness, and ensure their implementation.
• ·       Encourage the Office of the Auditor General and the Public Accounts Committee to work without fear or favor.
• ·   Such systems-based accountability will transform Nepal from a culture of impunity to one of accountability and measurable governance.

6. The challenge of establishing gender justice and inclusive leadership

As the first female Chief Justice, Sushila Karki is a symbol of breaking gender barriers in the history of Nepal’s governance. Prime Minister Karki is expected to further advance gender equality and inclusion not only through representation but also through structural reforms. Her governance priorities are expected to include:

• ·       Ensure 50% representation of women in decision-making bodies.
• ·       Maintain gender-responsive budgeting in all ministries.
• ·  Enforce laws against gender-based violence through fast-track courts and victim-friendly mechanisms.
• ·     Promote inclusive governance that ensures the participation of Dalits, Janajati, Madhesi, Tharu, and persons with disabilities. Her leadership will be particularly effective in redefining how women in power can apply empathy, fairness, and assertiveness, critical elements of good governance in a democracy practiced in a diverse society.

7. The Challenge of Establishing Administrative Reforms and Meritocracy

Nepal’s bureaucracy, which is often criticized for being politicized, needs to be transformed into a merit-based, citizen-serving institution. Sushila Karki’s judicial professionalism will also be able to bring about revolutionary changes in the bureaucracy. With such a background, it is expected that a Prime Minister with such a background will focus on the following:

• ·   Depoliticizing the civil service recruitment and promotion system.
• ·   Expanding the practice of e-governance to reduce arbitrariness and speed up service delivery.
• ·   Establishing a Citizen Charter Evaluation Mechanism to ensure that public services meet the standards of commitment.
• ·    Encouraging capacity building and professional ethics among public officials. These administrative reforms will reduce the potential for corruption, improve efficiency, and make the government more responsive to the needs of citizens..

8. The challenge of maintaining citizen-centric governance

The ultimate goal of good governance is to provide effective and impartial services to citizens. Karki's public image as a judicial leader will not be an obstacle to the development of democracy. As Prime Minister, his governance model will likely be based on the following facts:

• ·      Strengthening federalism, including enhancing the autonomy and capacity of provincial and local governments.
• ·       Promoting participatory planning and community monitoring of local projects.
• ·       Developing efficient grievance redressal mechanisms at all administrative levels.
• ·     Bridging the gap between citizens and the state through digital platforms and social accountability.
• ·    Such a citizen-first governance model will redefine the social contract between the state and the people.

9. The challenge of adopting judicial-executive balance and constitutionality

As a figure who has already led the judiciary, Karki will be ready to be open and transparent about the constitutionality of every executive decision. As Prime Minister, he is also expected to maintain institutional balance and curb the executive encroachment that often plagues Nepali politics. His rule is likely to emphasize the following:

• ·    Prioritizing the separation of powers between the executive, legislature, and judiciary
• ·     Respecting judicial decisions even when politically inconvenient and inconvenient.
• ·    Providing an environment for constitutional commissions to function independently within their jurisdiction.
• ·    Creating an environment where citizens understand their rights and duties
• ·    This approach will not only curb authoritarian tendencies but also strengthen democratic norms within the governance structure.

10. The Challenge of Implementing a Vision for Sustainable and Just Development

Ultimately, good governance cannot be separated from development. For Sushila Karki, justice and governance are intertwined. Even if the relationship between development and justice is not defined, justice without development is incomplete. A government led by her will seek to integrate the two. To this end, she will promote:

• · Implementing sustainable development policies guided by environmental justice and intergenerational equity;
• ·       Preparing the basis for evidence-based policymaking based on social impact assessments;
• ·       Ensuring integrity in development projects, donor coordination, and transparency in infrastructure agreements, while promoting the national interest;
• ·       Investing in education, health, and access to digital technology to empower citizens as partners in governance.
• ·   This approach links justice with prosperity, ensuring that governance reforms translate into tangible improvements in the lives of citizens.

Conclusion:

Nepal’s democratic journey has been fraught with transitions, frequent changes of government, politicized public institutions, and crises of trust. In this context, Sushila Karki’s government as Prime Minister will be more pragmatic than imaginative. It will embody the nation’s desire for ethical, courageous, and just leadership. Her judicial record reflects the central principles of good governance: integrity, transparency, rule of law, accountability, gender equality, and inclusion. While actual governance will be shaped by political outcomes, the values associated with Karki’s leadership will provide moral and institutional guidelines for Nepal’s democratic future. In a society that longs for clean politics and efficient administration, the expectations from leaders like Sushila Karki, honest, principled, and fearless, are a symbol of hope that good governance in Nepal is not just an aspiration, but a goal that can be achieved through law-based, people-centered, and justice-oriented leadership.

 

Responsibilities of the Interim Government: A Brief Analysis

Responsibilities of the Interim Government: A Brief Analysis

Dr. Khimlal Devkota

Member of the Constituent Assembly and Senior Advocate

 

Introduction

The rapid rise of the social media-based student/youth movement (Gen-Z) triggered a political crisis. Dozens of lives were lost and billions of rupees were destroyed, followed by the resignation of the Prime Minister and the dissolution of Parliament, leading to the formation of an interim government led by Sushila Karki. The current interim government was given the responsibility of holding elections on Falgun 21 by the President at the time of its appointment. The purpose of this article is to discuss the responsibilities of the government formed with such an important responsibility.

Reasons for the formation of the interim government and context

This government was formed as a protest against the ban on social media and the prevailing corruption and misrule. The movement of the Gen-Z generation was limited to only demanding that the government take reliable steps to unblock social media and reduce corruption, and maintain good governance. But Gen-Z's movement got out of control. The program, organized for a general demonstration, reached the level of breaking the restricted area. The movement did not stop there and entered the Baneshwor International Conference Center, which houses the Parliament building. Then the troops deployed to protect the Parliament opened fire and killed unarmed youths. Then the situation became terrible and explosive. Assessing the situation and taking moral responsibility, the Home Minister resigned, but the Prime Minister did not take this incident seriously. Even in the jointly organized cabinet meeting, no steps were taken to address Gen-Z's demands. The situation became even more volatile when news came out that the ban on social media would be maintained and the Prime Minister would not take any responsibility. Around midnight, the decision to lift the ban on social media was made, but the situation did not come under control, and became more agitated. The Prime Minister urged his youth team to resist overnight, and the news came out, but the UML-supported youth concluded that they were not in a position to resist, which made the situation even more uncontrollable. When the heads of the security agencies talked about the Prime Minister's resignation, they were instead criticized. The longer the Prime Minister's resignation was delayed, the more the situation escalated. In the end, the Prime Minister's resignation could not prevent further loss of life and property, but even the Prime Minister's life was saved. When he returned from almost a week of isolation, Sushila Karki's government had been established in the country. In fact, this government was informally formed with the protection and support of the right parties, the President, domestic and foreign people, and mainly the army. An attempt has been made to discuss the responsibilities of this government.

Practical evaluation of the primary steps taken by the interim government

Public peace and security, and continuity of governance were given first priority. The interim government first prioritized preventing chaos, ensuring continuity of public services, and running administrative bodies. Such steps are among the normal tasks of the interim government. In particular, it started its work by investigating the loss of public and property during the movement and taking action against the guilty, and by forming a commission to investigate property with good governance as the focus in the context of the old government's collapse and the new government's arrival as an outcry against corruption. This government also followed the common practice of most transitional governments. It was preferable to do so, which was completely appropriate, and the practical assessment of this government's work can be made.

As a second step, it pressured the Election Commission to publish the election schedule. The interim government has also fulfilled its obligation to increase coordination with the Commission for election purposes. The government has not been able to initiate dialogue with the main political parties involved in the election, but has continued to make statements that irritate the parties. But the door to dialogue opened by the President has been blocked at Baluwatar. Now, Baluwatar is seen preparing for dialogue, including Gen-Z. It can be said that it has not deteriorated much so far.

As a third step, the government, which could not fulfill its obligations, took the unpopular step of recalling the ambassadors, and in order to add fuel to the fire, it entered various offices in the name of Gen-Z and pressured him to resign. The fact that the leaders of the pressure campaign were often fugitives became an embarrassing event for the government.

As a fourth step, a natural disaster occurred, and because the government was able to deal with the disaster efficiently, it was not able to gain constitutional legitimacy and political support, but it did gain the support of the people. Since it was able to give a sense of the government during the disaster, it has caused some embarrassment to those who questioned the legitimacy of the government.

As a fifth step, foreign influence in the selection of ministers, the influence of the Free Trade Movement, and the blessings of the South and the West were clearly visible, which is not beneficial for this government. The Dalai Lama's farewell message can be said to have made this government work like a speed breaker.

Risk and Challenge Analysis

The legitimacy crisis is both an unbearable risk and a challenge for this government. Since the interim government did not come from an elected mandate, its decision-making capacity is questionable. Not only are the political parties in power for decades calling it unconstitutional as an opposition, but dozens of challenges have also been registered in the Supreme Court, which threatens to affect the long-term legitimacy of the regime. Apart from the immediate emergency, the argument for giving legitimacy to this government itself It is necessary to create an environment of trust.

Fourth, it is necessary to maintain the necessary coordination by considering the sensitivity of social media and freedom of expression. Such matters should be managed through a legal and coordinated consensus mechanism.

Fifth, it is necessary to prioritize respect for human rights and the rule of law while maintaining peace, security, and social harmony. Therefore, if it is not possible to ensure that human rights and the law are not violated while managing security, pressure from both the opposition and international powers will increase. It is necessary to pay attention to this.

Conclusion:

Although the interim government is temporary, it has been an opportunity to confirm that it can play a decisive role in crisis management, political guidance, and the reconstruction of democracy in the country's critical moment. All interim governments formed in Nepal after 2036, 2046, or 2062.63 have a history of successfully fulfilling their roles. Similarly, in the context of the successful completion of the election by the Chief Justice-led government for the next Constituent Assembly election, this interim government led by former Chief Justice Sushila Karki is also not exempt from failure. Still, it will have to exercise discretion and control anger and passion, keeping in mind the sensitivity. The interim government must maintain public peace and order on the scheduled date for the election, but this process must be transparent, inclusive and constitutional on the basis of consensus. Dialogue and the independence of constitutional institutions have presented a successful example of crisis and transition management, while interference in the security forces, constitutional and institutional failures and repression have created a long-term crisis. Therefore, Nepal needs to commit to following the lessons of success and not forgetting the failed experiences.

No king movement against Trump in the USA

               No king movement against Trump in the USA

The phrase "no king movement against Trump in the USA" is a concise way of stating a significant political and legal principle in the United States. Here’s a breakdown of what this means, where the idea comes from, and the current context surrounding former President Donald Trump.

1. The Core Principle: "No One is Above the Law": The United States is a republic, not a monarchy. Its foundational principle is that no one, not even a president, is above the law. This is often referred to as the rule of law. The Constitution is Supreme: The U.S. Constitution is the highest law of the land. All government officials, including the president, swear an oath to uphold it. Checks and Balances: The system of government is designed with separate branches (Executive, Legislative, Judicial) that can check each other's power. This prevents any single person or branch from becoming too powerful, like a king.

2. The Origin of the "King" Fear: The American system was created in direct opposition to the monarchy of King George III of Great Britain. The Founding Fathers were deeply fearful of concentrating too much power in one person's hands. They designed the presidency to be powerful but constrained by Congress and the courts. The phrase "no king movement" taps into this deep-seated American ideal. It suggests that any attempt to place a president beyond the reach of the law or to grant them monarch-like immunity is fundamentally un-American.

3. How This Principle is Being Applied to Trump: The idea of a "king movement" has become a central point of debate because of legal and political arguments made by and about Donald Trump.

Key Areas of Conflict: Criminal Prosecutions: Former President Trump is facing multiple criminal indictments at both the state and federal levels. His Argument: Trump and his legal team have argued that a president has absolute immunity from criminal prosecution for official acts done while in office. They contend that without this immunity, presidents would be hamstrung by the threat of politically motivated prosecutions after they leave office.

The Counter-Argument (The "No King" Position): Prosecutors and many legal scholars argue that granting absolute immunity would effectively place a president above the law, creating a "king-like" status. They argue that for serious crimes, a president must be held accountable like any other citizen.

The Supreme Court's Role: The U.S. Supreme Court recently heard arguments on this very issue in the case of Trump v. United States. Their decision will be a landmark ruling on the limits of presidential power and the principle that "no one is above the law."

Political Rhetoric: Politically, President Joe Biden and his allies have frequently framed the 2024 election as a battle for democracy itself, arguing that Trump seeks to undermine democratic norms and institutions in a manner that resembles authoritarianism, rather than the American tradition of a constrained executive.

Conclusion

So, when people say there is "no king movement against Trump," they are affirming the fundamental American principle that no person is above the law. The intense legal and political battles surrounding him are, at their core, a stress test of this very principle. The outcome will define the boundaries of presidential power for generations to come.

Constitutional-political crisis: Incomplete revolution and incomplete constitution

Constitutional-political crisis: Incomplete revolution and incomplete constitution

Dr. Khimlal Devkota

 

Introduction:

Nepal's political history is surrounded by a cycle of revolution, transition, and crisis. Since the abolition of the monarchy and the declaration of a federal democratic republic on 15 Jestha 2065, the country has faced repeated governance deadlocks, unstable governments, and constitutional disputes.

Although Nepal issued its new constitution on 3 Asoj 2072 by the Constituent Assembly elected by the people after an almost decade-long peace process, this document has become a center of controversy as everyone compromised from their own positions, rather than through complete consensus and disagreements.

The most critical view of the constitution is that of the Maoist line, because it had to compromise on many issues of change and other state structures and governance reforms at the cost of declaring a republic.

The political crisis of Nepal is inextricably linked to the constitutional crisis. It appears as an expression of the incomplete transformation of Nepal's socio-political system. The Maoist perspective interprets these crises not only as institutional or legal problems but also as reflections of deep structural contradictions rooted in class, caste, ethnicity, and regional inequalities. It can also be understood as the consequences of not being able to properly address the causes of the conflict, even though they have not been identified.

This article attempts to analyze the dialectical relationship between political and constitutional crises in Nepal through a Maoist perspective.

How does the Maoist revolutionary ideology, participation in peace negotiations, and involvement in constitution-writing determine the nature of Nepal's state restructuring? In addition, this article attempts to discuss the causes and solutions to the challenges that have recently emerged.

Historical Background and Political Perspective:

The Maoist People's War began on 1 Falgun 2005 with the declared objective of ending the monarchy and destroying all feudal structures and establishing a 'new democratic republic'.

The revolutionary agenda included the abolition of the feudal absolute monarchy in the Maoist People's War, the replacement of the centralized monarchical state with a people's republic, the abolition of the unitary state and the establishment of ethnic and regional autonomy based on identity and strength through progressive restructuring of the state, the adoption of a federal system aimed at inclusive democracy, ensuring the representation of marginalized groups (Dalits, Janajati, Madhesi, women), land reform for economic transformation and the end of feudal land relations, and the vision of participatory democracy beyond the traditional parliamentary system to establish the sovereignty of the people.

The 2062.63 people's movement, supported by the Maoist-seven-party alliance, brought the monarchy to its knees, which led to a comprehensive peace agreement. This agreement promised Constituent Assembly elections and a new constitution, which fulfilled the Maoists' demand for a republic. However, it was not possible to translate these revolutionary land reforms and other agendas into a constitution.

Political Crisis:

Although the new constitution provided the framework for a federal democratic republican system, it failed to fully embody the transformative aspirations of the peace process. This is both a political and constitutional betrayal of the people’s struggle.

Nepal’s political crisis is fraught with instability, frequent changes of government, weak coalitions, and a crisis of public trust in political institutions. From the Maoist perspective, the political crisis is not just about weak governance, but also about the failure to implement the transformative agendas envisioned during the peace process.

Unstable governments:

Nepal has seen more than a dozen governments since 2065. Coalition politics, driven by the opportunity for position and power rather than ideology, had made long-term planning almost impossible. The Maoists argue that this parliamentary system will only bring instability, so let’s move to a directly elected executive presidency, which will bring stability and development. However, other parties could not agree to this.

After all, what the Maoists said was true. Today, the Gen Z generation, demanding the same, overthrew the government in 27 hours. What the Maoists could not do, Gen Z accomplished. The Maoists urged Gen Z to set fire to it. Now everyone is ready to accept it.

Leadership crisis:

The Maoists, who entered the peace process through a decade-long, very large armed struggle, are criticized by mainstream political parties and even the Maoist ranks, saying that the problem arose because they abandoned the revolutionary agenda and got involved in power-sharing politics, which has proven to be true today.

The political leadership became obsessed with getting a chair, not politics, as a result of which an extreme crisis arose in the political leadership. Not only this, the political leadership, which had come to borrow a feudal character while fighting feudalism, became the basis for another crisis. It is not difficult to say that the crisis in politics and leadership arose because of the leadership that created a situation where the future of the young generation could not be seen in the party, which is called Nepo-baby.

Incomplete revolution, incomplete peace process:

Nepali politics has always been a victim of the halal revolution. There has never been a complete revolution in Nepal. In 2007 BS, there was a revolution against the Rana, but Rana became the Prime Minister. In 2046 BS, against the King, there was a movement, but an agreement was reached with the king. Even though the people's war did not overthrow the monarchy through the movement itself, the people's movement of 2062/63 did not overthrow the king, but made arrangements for the king's daughter to succeed him. Similarly, the major commitments of the Comprehensive Peace Agreement, transitional justice, and scientific land reform, along with progressive restructuring of the state, and economic and social transformation, remained incomplete. Based on which dissatisfaction was growing. Finally, the Gen Z movement found its footing.

Marginalization of leadership

Despite many promises and promises, the poor, marginalized, and rural people felt excluded from the decision-making process. Access to state power was limited to mere bargaining. This time, too, it was confirmed that the elite's control over politics continued.

Constitutional crisis:

The rest of the peace process remains to be done. Concrete work is needed for this. If transitional justice and promised reforms are ignored, the credibility of the Comprehensive Peace Agreement will be weakened. It is important to understand that Nepal will remain in a state of continuous transition without fulfilling this agenda.

The constitution promulgated in Asoj 2072 was hailed as a milestone of transformation, calling it a federal democratic republican constitution, but it could not completely end complex problems.

There was no consensus when the constitution was promulgated. Disputes were not resolved because everyone had put in a 'note of dissent'. Ultimately, the party and power that owned the constitution weakened. Since it was a document of an agreement, the constitution could not resolve the political crises that arose from time to time, and the country was plunged into a constitutional crisis. This is the current situation.

There is no coordination between the agreement and the government formed to meet the demands of the Gen Z movement. On the other hand, the parliament has been dissolved. The parliament is not the body to amend the constitution. This government is forced to hold elections under the same old electoral system and the old parliamentary system again.

This government was not formed according to the constitution. This government was formed by adhering to the spirit and spirit of the constitution and not by relying on the articles and letters of the constitution to avert the crisis at that time, applying the principle of necessity. The constitution and the court decisions also say that the parliament cannot be dissolved constitutionally, but the parliament has been dissolved. This parliament has been dissolved by the hands of the former Chief Justice who said that the dissolution of the parliament is wrong.

The connection between political and constitutional crises:

Nepal's political and constitutional crises are not separate events but are mutually interrelated. Political instability has arisen because the constitution has not fully institutionalized revolutionary changes. It can be said that this situation has arisen because the revolutionary political leadership has focused on gaining power, not transformation.

The compromise with the elite is another problem. The peace process was limited to negotiations between the revolutionaries and the elite, which resulted in the demands of the lower levels not being met. Since the entire society did not transform, this led to repeated street struggles. Serious questions were raised about the legitimacy of state structures.

Political parties were gripped by the psychology of giving slogans of federalization of the state structure, but their desire was to become a centralized state power, which deepened the political crisis. This crisis often manifested itself in the form of disputes between the federal and provincial governments. This exposed constitutional ambiguities. Unfulfilled promises created complete distrust in the leadership. Transitional justice, land reform and inclusion are constitutional commitments on paper but have been politically ignored in practice.

Thus, the political and constitutional crisis reflects an incomplete revolution. It was not surprising that movements such as Gen Z arose on the basis of this incompleteness.

What should be done to address the crisis?

The heroes of the people's war and people's movement became targets in the Gen Z movement. Physical attacks on the institutions, structures, parties, and leadership they had established became the form of the movement. Those agitators were no longer in a position to face these agitators.

Through constitutional amendment for a directly elected executive presidential system, mass mobilization, and recent political consensus, political parties must complete their incomplete revolution to resolve recurring crises. Only then will both political and constitutional crises be resolved.

When the Prime Minister tried to escape by helicopter, he had to hear that the helicopter would not be available unless he resigned. Finally, after resigning, he fled in the helicopter he received. The joint statement of the security chiefs, led by the Chief Secretary, urged everyone to remain calm and be ready for talks since the Prime Minister's resignation had come.

Why did the situation arise where former Prime Ministers could not even escape by helicopter? It is necessary to seriously review this. Only based on the conclusions drawn from the review can the path be identified as to what to do next. Based on this, at least the issues that were asked to be done yesterday during the constitution-making process but were not done need to be addressed now. For this, the demand at this time is for an immediately directly elected executive presidential system, a fully proportional parliament, and a system that prevents MPs from becoming ministers.

In addition, as an issue that has not been raised much now but will definitely be raised in the future, the process of amending the constitution must be taken forward to strengthen federalism, inclusion, and social justice on the basis of identity and strength. In recent times, coalition politics has been used a lot to contest elections and seize power, but never to transform the state. 

संवैधानिक-राजनीतिक संकट : अधुरो क्रान्ति र अधुरो संविधान

नेपालको राजनीतिक इतिहास क्रान्ति, संक्रमण र संकटको चक्रले घेरिएको छ । ०६५ जेष्ठ १५ गते राजतन्त्रको उन्मूलन र संघीय लोकतान्त्रिक गणतन्त्रको घोषणा भएदेखि, देशले शासनमा बारम्बार गतिरोध, अस्थिर सरकार र संवैधानिक विवादहरूको सामना गर्नु परेको छ ।

लगभग एक दशक लामो शान्ति प्रक्रिया पछि ०७२ असोज ३ मा नेपालले जनताद्धारा निर्वाचित संविधानसभावाट आफ्नो नयाँ संविधान जारी गरे पनि, यो दस्तावेज पूर्ण सहमतिको सट्टा असहमति र भिन्न मतका बीचबाट सबैले आ-आफना ठाउँबाट सम्झौता गर्दै बनेका कारण सम्पूर्णरुपमा विवादको केन्द्र बनेको छ । https://www.onlinekhabar.com/2025/10/1784557/constitutional-political-crisis-unfinished-revolution-and-incomplete-constitution 

Division of Radio Frequency Between Federal, Provincial, and Local Levels: Lessons from International experiences.

  

 

 

Division of Radio Frequency Between Federal, Provincial, and Local Levels:

Lessons from International experiences.

Dr. Khimlal Devkota

Constituent Assembly Member and Senior Advocate, Supreme Court of Nepal

 

Abstract

The radio-frequency spectrum is a scarce public resource whose allocation has a significant impact on economic development, public safety, and digital inclusion. Federal countries face a governance design challenge: to keep spectrum management centralized (with a national regulator) or to federalize some functions to provincial/local levels (or to enable localized/shared access). This paper critiques global models (the United States, Canada, Australia, the European Union, and India), summarizes Nepali recent practice and policy, compares trade-offs, and offers policy recommendations for clearer federal, provincial, and local actor responsibility division in Nepal.

1. Introduction

Spectrum enables wireless broadband, public safety radios, broadcasting, IoT, and future space services. As electromagnetic waves travel across administrative boundaries, management of the spectrum has historically been the domain of national governments to ensure harmonization, interference, and compliance with the International Telecommunication Union (ITU) Radio Regulations. However, technological innovation (small cells, shared access, dynamic spectrum, CBRS-type databases) and local connectivity demand have witnessed growing interest in federalized or blended types of governance with provincial or municipal actors in a formal capacity or with localized regimes for access. This essay places these international strategies and situates Nepal's recent regulatory reforms within those global trends.

2. Concepts and governance functions to divide

Before comparing jurisdictions, it is helpful to analyze the main spectrum functions (who may be entrusted with them):

2.1. National allocation & international coordination, creating a national table of allocations    aligned with ITU.

2.2. Licensing & assignment, granting exclusive licenses or general authorizations.

2.3. Technical rules & enforcement, interference limits, equipment certification, monitoring.

2.4. Pricing & fees, auction design, and administrative fees.

2.5. Local planning & siting, tower siting, small-cell deployment, municipal permits.

2.6. Shared/localized access mechanisms, databases, dynamic spectrum access (DSA), tiered sharing (e.g., CBRS).

Design options are centralization (national regulator), decentralization (subnational regulators do some), or a hybrid where the national regulator allocates administrative/licensing or arranges local/shared access but retains allocation and international coordination.

3.         International experiences: overview and lessons

3.1  United States — strong national control; innovative local sharing

The federal framework is two national organizations: The Federal Communications Commission (FCC) regulates non-federal spectrum policy and licensing, and the National Telecommunications and Information Administration (NTIA) manages federal government use of spectrum. There is limited formal power of the spectrum at state and municipal levels, but the U.S. has been at the leading edge of market and technology innovation for facilitating greater local access, most notably the Citizens Broadband Radio Service (CBRS, 3.5 GHz) using a three-tier sharing model (incumbent federal users, licensed users, and general authorized access) with Spectrum Access Systems (SAS) for enabling localized deployments. CBRS illustrates how an international/national coordinating regulator can be achieved while dynamic, localized use is permitted.(FCC, 2020).

Lesson:            keep allocation centralized but use regulatory innovation (tiered sharing, databases) to allow local players and new entrants without dismantling national coordination.

3.2 Canada: National regulator with provincial considerations and public-safety co-ordination

Canada's Innovation, Science and Economic Development (ISED) is responsible for spectrum allocation and licensing at the national level, but provinces and locals are significant stakeholders, particularly in relation to public safety networks and rural connectivity initiatives. Canada has looked at mechanisms (e.g., license conditions, rules of re-assignment) to provide for deployment in underserved areas and to meet regional requirements (ISED, 2025)

Lesson: national power can attain local equity goals through licence conditions, individual awards, and consultation with stakeholders rather than de jure devolution of distribution powers.

3.3 Australia: stakeholder input in central planning

Australian Communications and Media Authority (ACMA) is the publisher of the Australian Radio Frequency Spectrum Plan and coordinates national-level allocation/licensing; planning and site approval is taken care of by state/local governments. Harmonization with ITU and constant review of spectrum plans to accommodate changes in technology are prioritized in Australia. Government-controlled spectrum is managed by centralized means, but could be introduced into state/local initiatives through coordinated channels (ACMA, 2021)

Lesson: Central planning and clear procedures for government spectrum and national infrastructure approvals erase fragmentation, but have room for subnational projects.

3.4  European Union: national regulators harmonized at the EU level

EU Member States control national allocations via national regulators (Ofcom, ANFR, BNetzA, etc.), but EU institutions and cooperation bodies (RSPG, ECC/CEPT) harmonize strategic bands and cross-border coordination. The EU mix is a classic example of multi-level governance reconciling national sovereignty and regional coordination for the single market.

Lesson: multi-level coordination bodies (regional forums) function optimally where cross-border harmonization is critical.

3.5 India: national centralized regulator with regional offices

India's Wireless Planning & Coordination (WPC) department within the Department of Telecommunications centrally manages allocations, licensing, and monitoring, but has regional offices and inter-agency committees (SACFA) for siting and technical clearance, striking a balance between a centralized legal authority and regional operation capability.

Lesson: Central legal authority plus regional operational capability can solve localized technical issues without giving up allocation powers.

4.         Devolution models

From the comparative analysis, three feasible models appear to be:

4.1. Centralized model (national-only): national regulator oversees allocation, licensing, enforcement; provinces/locals just do civil planning and permits (standard in AU, CA, most EU states).

4.2. Centralized + Localized Access (hybrid): national allocation retained; localized access enabled through sharing frameworks/databases (CBRS in the US; trial local licensing in some parts of Europe). This gives municipalities/operators local flexibility without shattering national coordination.

4.3. Delegated/regional licensing: national regulator delegates licensing or allocation for particular bands or uses to provinces/regions (rare because of interference/coordination risks), sometimes used with government-held or public safety bands under close coordination.

5.         Nepal's current practice and recent policy initiatives

5.1      The national regulator of Nepal is the Nepal Telecommunications Authority (NTA), the statutory body for spectrum allocation, assignment, technical regulation, and pricing. In October 2023 (Frequency Policy 2080 / Radio Frequency (Allocation and Pricing) Policy), NTA adjusted allocations (e.g., expanding 5 GHz WLAN, UWB bands, 865–868 MHz for IoT/M2M) and imposed regulations on pricing and assignment. The policy retains allocation and licensing centrally with the NTA and reserves site approvals and land-use permits to local government (NTA, 2080).

5.2      Contemporary NTA policy does recognize contemporary applications (IoT, 5GHz WLAN) and charging mechanisms in favor of optimal usage, but does not transfer spectrum allocation authority to provincial or local governments. Media summaries and regulatory observers remark on the strategy as one that mirrors internationally common practice in unitary as well as federal nations, where national coordination is considerable.

5.3      Implication for Nepal: de jure centralization at NTA with de facto provincial/local roles limited to planning/siting. There is room for implementing hybrid tools (dynamic/shared access) for enhancing provincial/local connectivity initiatives without forgoing the allocation authority.

6.         Comparative analysis, trade-offs for Nepal

6.1    Efficiency & interference control: Centralized allocation obviates cross-border/interference risk and ensures ITU compliance. Nepal's current practice follows this.

6.2    Local innovation & inclusion: Shared or local access (i.e., CBRS) can accelerate community networks and municipal broadband for unserved Himalayan and Terai regions. Database-driven sharing would introduce the possibility of local players deploying small-scale broadband without expensive national licenses. CBRS is something to learn from.

6.3    Equity & rural deployment: Licence conditions, coverage obligations, and focused awards (employed in Canada/Australia) can spur provincial rollout without decentralizing allocation. Nepal can employ licence-condition levers to drive provincial coverage.

6.4    Governance & capacity: Provincial/local regulators generally do not have the technical expertise to enable complex coordination and international filings. Nepal's NTA should retain allocation but create provincial liaison units and technical support to provinces/localities for siting and community projects.

7.         Nepal-specific recommendations: legal and policy tools

7.1.   Keep allocation centralized; institutionalize provincial liaison. Centralize NTA's current function for allocations and ITU coordination, but institutionalize an official provincial liaison office or focal points to speed up approvals and align provincial needs with national plans. (Rationale: preserves interference control; improves responsiveness.)

7.2.   Enable shared/localized access in selected bands. Pilot an open-access, database-driven sharing regime for an appropriate mid-band (e.g., 3.5 GHz slices or shared-plus unlicensed spectrum) using CBRS technology to make way for the dynamic access by local ISPs, community networks, and public safety users into the spectrum under national regulation. Require a Spectrum Access System (SAS) or local database under NTA regulation.

7.3.   Use the conditions of the license to apply provincial coverage. As part of issuing exclusive licenses (e.g., mobile broadband), they have enforceable roll-out obligations for underserved provinces and reassignment arrangements in case of deployment slippage (practice followed in Canada/Australia).

7.4.   Streamline municipal siting and permitting. Clarify division of responsibilities: NTA authorizes radio use; provincial/local governments handle civil siting permits, adopt maximum statutory timelines, and single-window approvals for tower/small cell siting.

7.5.   Provincial coordination and capacity development. Invest in provincial technical capability (interference management, spectrum monitoring). Establish a multi-stakeholder advisory board (NTA + provinces + operators + public safety) to review regularly.

7.6.   Reuse of the spectrum and transparent pricing rules. Provide transparent pricing rules and policies for spectrum secondary markets/trading where necessary (in line with NTA's Frequency Policy 2080 revisions). Secondary markets can encourage efficient use with a central authority protecting international commitments.

8.         Limitations and further research

This submission is based on regulatory documents and policy summaries of prominent jurisdictions and Nepal's NTA. Further empirical research, Nepalese stakeholder interviews (NTA, provincial governments, ISPs, community network operators), and technical modeling of interference under proposed sharing regulations would strengthen the design for implementation. Further research should also test legal compatibility with Nepal's constitution for any delegation of regulatory power.

9.         Conclusion

Global practice favors centralized allocation to ensure worldwide coordination, complemented by innovative infrastructures that enable local access and provincial involvement. Nepal's current NTA-led system is in accordance with international best practice; phased introduction of reforms, pilots to enable mutual access, more transparent provincial liaison mechanisms, license-conditioned coverage obligations, and simplified siting would improve local accessibility without compromising national and international spectrum commitments.

10.       References

Australian Communications and Media Authority, (ACMA)(2021). Australian Radiofrequency Spectrum Plan 2021. ACMA. https://www.acma.gov.au/australian-radiofrequency-spectrum-plan

Innovation, Science and Economic Development Canada, (ISED). (2025). Spectrum management and telecommunications. Government of Canada. https://ised-isde.canada.ca/site/spectrum-management-telecommunications/en

Nepal Telecommunications Authority, (NTA) (2023). Radio Frequency (Allocation and Pricing) Policy, 2080. NTA. https://www.nta.gov.np/content/radio-frequency-policy-of-telecommunication-services-2080

Federal Communications Commission (FCC). (2024). Radio spectrum allocation. FCC. https://www.fcc.gov/engineering-technology/policy-and-rules-division/general/radio-spectrum-allocation

National Telecommunications and Information Administration, (NTIA). (2020). Spectrum Management. Government of India. https://www.ntia.gov/

FCC/CBRS coverage: Community Networks. (2025). CBRS Spectrum: A Potential Boon to Community Broadband. FCC/CBRS. https://communitynetworks.org/content/cbrs-spectrum-potential-boon-community-broadband

Department of Telecommunications, Government of India: Wireless Planning & Coordination (WPC). (2022.). WPC & SACFA. https://dot.gov.in/spectrum/wpc-sacfa

European Commission. (2018). EU radio spectrum policy for wireless connections across the single market. European Commission Digital Strategy. EC. https://digital-strategy.ec.europa.eu/en/policies/eu-radio-spectrum-policy