Chapter:10 Constitutional bodies.

Chapter:10 Constitutional bodies. 

Parts of Constitution of Nepal:

Part 21 -CIAA, 

part 22 -Auditor general, 

part 23 -Public service commission, 

part 24 -Election commission, 

part 25 -National human right commission (NHRC),

part 26 -National natural resource and fiscal   commission,

part 27 -Other:

1. National Women Commission,
2.  National Dalit Commission, 
3. National inclusive commission, 
4.  Indigenous nationalities commission,
5.  Madhesi Commission,
6.  Tharu commission,
7. Muslim commission. 

NHRC (National Human Rights Commission.)

• Part 25, Article 248, Article 249.
• Consist of 1 chairperson and 4 other members.
• President on the recommendation of constitutional council appoint chairperson and other members.
• Terms of office shall be 6 years from the date of appointment. 
• Conditions for vacation of post:

1. Resignation to president 
2. Impeachment (Article 101)
3. Inability to hold post. 
4. If dies.

Function, Duties and power of NHRC: (V.V.I). 

1. Duty: Duty to Respect, protect and promote human rights and ensure effective enforcement. 

1. Functions:
   1. To inquire on its own initiative, petition or complaints.
   2. Investigate complain of violation of human right and make recommendation against perpetrator. 
   3. If any official whose responsibility is to prevent violation of human right fails to perform duty, then NHRC recommends to take departmental action against such.
   4. Make recommendation to file a case in the court. 
   5. To enhance awareness on human right.
   6. Make recommendation to impose punishment to those who have violated human right.
   7. Carry out periodic Review of laws and recommend to the government for necessary improvements.
   8. Recommend government to be part of treaty or agreement relating to human rights. 
   9. Monitor on enforcement of human rights treaties.
   10. Publish name of officials, person or bodies who violated human rights and records them as violator of human rights.

Powers: 

1. To exercise power as of a court.
2. Investigate person, their residents or office without notice. 
3. To rescue victim by entering any government office or place without notice.
4.  Order for the compensation to victim.

CIAA: (commission for the investigation of authority):

• Part 21, Article 238, Article 239. 

Function, Duty and power:

• CIAA conduct investigation of any abuse of authority committed through corruption by public officer.
• Investigations of followings people can be done in accordance with federal law after they have been removed from office:

1. Officials removed through impeachment 
2. Judges removed by judicial council. 
3. Person liable to action under army act.

• It may file a case in the competent court as per law.
• If there is no jurisdiction of CIAA to investigate any official, then it may write to the concerned authority official or body for necessary action.   

                                                          Prepared and Edited By: Manish Rajak & Madhu Dahal