Structure of Government in Nepal

Nepal is a Federal Democratic Republic governed by the Constitution of Nepal 2015. It adopts a separation of powers principle through three branches: Executive, Legislature, and Judiciary. This ensures democracy, rule of law, and balance of power.

1. Executive Branch

The executive is responsible for implementing laws, policies, and administration.

a. President

The President of Nepal is the head of state and represents the unity of the nation.
The President’s role is mostly ceremonial but has certain constitutional powers like summoning the parliament, appointing the Prime Minister, and promulgating ordinances.
Elected by an electoral college consisting of members of the Federal Parliament and Provincial Assemblies.
Term: 5 years, renewable once.

b. Prime Minister

The Prime Minister is the head of government and exercises real executive power.
Appointed by the President, usually the leader of the majority party or coalition in the House of Representatives.
Responsible for running the government, formulating policies, and administration.
Leads the Council of Ministers (cabinet).

c. Council of Ministers

Composed of ministers appointed by the Prime Minister.
Responsible for specific ministries and implementing government policies.
Accountable to the House of Representatives and can be removed through a vote of no-confidence.

d. Federal, Provincial, and Local Executives

Nepal’s federal structure includes three levels of government:

Federal government (executive headed by the Prime Minister)
Provincial governments (headed by Chief Ministers)
Local governments (mayors/chairpersons for municipalities and rural municipalities)

Each level has executive authority in its jurisdiction as per the constitution.

2. Legislature Branch

Nepal has a bicameral federal legislature called the Federal Parliament, consisting of:

a. House of Representatives (Pratinidhi Sabha)

The lower house of Parliament.
275 members:
- 165 members elected directly by first-past-the-post system.
- 110 members elected by proportional representation.
Term: 5 years.

Powers:

Initiates and passes laws.
Controls government policies and expenditures.
Can remove the Prime Minister through a vote of no confidence.
Approves budgets and national plans.

b. National Assembly (Rastriya Sabha)

The upper house of Parliament.
59 members:
- 56 elected by an electoral college of provincial assembly members and local representatives.
- 3 appointed by the President for their expertise.
Members serve staggered six-year terms with one-third retiring every two years.
Functions as a revising chamber reviewing laws passed by the House of Representatives.
Provides checks and balances and represents provincial interests.

3. Judiciary Branch

The judiciary interprets laws, ensures justice, and safeguards the constitution.

a. Supreme Court

The highest court in Nepal.
Composed of the Chief Justice and up to 20 other judges appointed by the President on recommendation of the Judicial Council.
Jurisdiction includes constitutional matters, disputes between federal and provincial governments, human rights issues, and final appeals.
Has power of judicial review to ensure laws and actions conform to the constitution.

b. High Courts

Located at the provincial level.
Handle appeals from district courts and have original jurisdiction over certain cases.
Each province has at least one High Court.

c. District Courts

Lowest level of courts handling civil and criminal cases at the local level.
Provide access to justice for ordinary citizens.

d. Judicial Independence

Judiciary operates independently from the executive and legislature.
Judicial Council recommends judges, protecting against political influence.
Ensures rule of law, protects fundamental rights, and resolves disputes.

Summary Table

Branch	Key Components	Main Functions
Executive	President, Prime Minister, Council of Ministers, Provincial and Local Executives	Implement laws, administration, policy-making
Legislature	House of Representatives, National Assembly	Law-making, budget approval, government oversight
Judiciary	Supreme Court, High Courts, District Courts	Interpretation of laws, constitutional protection, justice delivery