Constitutional Bodies and Commissions of Nepal

The Constitution of Nepal, promulgated on 20 September 2015 (3 Ashwin 2072 B.S.), establishes a set of independent constitutional bodies and commissions designed to operate at arm's length from the executive and to hold public power accountable. Counting the heads and members listed in the Constitution, these comprise 13 distinct constitutional bodies whose office bearers are protected by constitutional terms of office and removable only through impeachment by Parliament.

Seven of these bodies are grouped in Parts 21 to 27 of the Constitution: the Commission for the Investigation of Abuse of Authority (CIAA, Part 21), the Auditor General (Part 22), the Public Service Commission (Part 23), the Election Commission (Part 24), the National Human Rights Commission (Part 25), the National Natural Resources and Fiscal Commission (Part 26), and the cluster of 'Other Commissions' in Part 27. The Attorney General, Nepal's chief legal adviser, is provided for separately in Part 12 (Articles 157–159). Together these institutions cover anti-corruption, audit, merit recruitment, elections, human rights, fiscal federalism, and the protection of historically marginalised communities.

A defining feature of the design is uniformity of appointment and tenure. With the exception of the Attorney General, chiefs and members of these bodies are appointed by the President on the recommendation of the Constitutional Council, hold office for a single term of six years, and are generally not eligible for reappointment to the same position.

Most heads and members of the constitutional bodies are not chosen directly by the Cabinet. Instead, Article 284 of the Constitution creates a Constitutional Council that recommends candidates for appointment as Chief Justice and as the chiefs and officials of the constitutional bodies. This shared, multi-party mechanism is intended to insulate these institutions from single-party political capture.

The Council is chaired by the Prime Minister and includes the Chief Justice, the Speaker of the House of Representatives, the Chairperson of the National Assembly, the Leader of the Opposition in the House of Representatives, and the Deputy Speaker of the House of Representatives. The Constitution requires the Council to recommend candidates for an appointment within one month of a post falling vacant. Where the post of Chief Justice itself is to be filled, the Minister for Law and Justice participates in place of the Chief Justice.

Recommended candidates undergo a parliamentary public hearing before a joint committee of the Federal Parliament, after which the President formally makes the appointment. The detailed working of the Council is governed by the Constitutional Council Act, 2066 (2010).

The Commission for the Investigation of Abuse of Authority (CIAA), established under Article 238 (Part 21), is Nepal's principal anti-corruption agency. It consists of a Chief Commissioner and four other Commissioners, appointed by the President on the recommendation of the Constitutional Council for a six-year term. Under Article 239, the CIAA may investigate any abuse of authority committed through corruption by a person holding public office, and files prosecutions in the Special Court.

The Auditor General (Article 240, Part 22) is a single constitutional official—not a commission—appointed by the President on the recommendation of the Constitutional Council for one six-year term. As head of Nepal's supreme audit institution, the Auditor General audits the accounts of the Office of the President and Vice-President, the Supreme Court, the Federal Parliament, provincial assemblies and governments, the constitutional bodies, the courts, the Nepal Army, Nepal Police and Armed Police, having regard to regularity, economy, efficiency, effectiveness and propriety.

The Public Service Commission (Article 242, Part 23) safeguards merit-based recruitment to the civil service. It consists of a Chairperson and four members, appointed by the President on the recommendation of the Constitutional Council for six years. Tracing its origins to 1951, the Commission conducts examinations to select candidates for the civil service and must be consulted on the principles governing appointment, promotion and departmental action for permanent, pensionable government posts.

The Election Commission (Article 245, Part 24) consists of a Chief Election Commissioner and four other Election Commissioners, appointed by the President on the recommendation of the Constitutional Council for a six-year term. Under Article 246 it conducts, supervises, directs and controls elections to the President, Vice-President, the Federal Parliament, the State (Provincial) Assemblies and local levels, prepares electoral rolls, and holds referendums on matters of national importance under federal law.

The National Human Rights Commission (NHRC), established by Article 248 in Part 25, consists of a Chairperson and four members appointed by the President on the recommendation of the Constitutional Council for a single six-year term. It is mandated to respect, protect and promote human rights and to ensure their effective implementation, with powers to inquire into violations and recommend action. The NHRC is a national human rights institution distinct from the inclusion commissions of Part 27.

The National Natural Resources and Fiscal Commission (NNRFC), created by Article 250 in Part 26, addresses Nepal's transition to federalism. It comprises a Chairperson and four members appointed by the President on the recommendation of the Constitutional Council for six years. It recommends the bases for distributing federal revenue among the three tiers of government, advises on equalisation and conditional grants, and studies measures to share natural resources and prevent intergovernmental fiscal disputes.

Unlike the other bodies, the Attorney General (Part 12, Article 157) is appointed by the President on the recommendation of the Prime Minister and holds office during the pleasure of the Prime Minister—aligning the post with the term of the government rather than a fixed six-year tenure. The Attorney General is the chief legal adviser to the Government of Nepal.

Under Article 158, the Attorney General gives the Government opinion and advice on constitutional and legal questions, represents the Government in courts in cases where its rights, interests or concerns are involved, and exercises the power to decide whether to initiate proceedings in cases on behalf of the Government. The Attorney General is treated among the constitutional office bearers, reflecting the office's senior standing in the legal system.

Part 27 of the Constitution creates seven commissions to protect and promote the rights and interests of specific historically marginalised communities. Each is generally composed of a chairperson and members appointed by the President on the recommendation of the Constitutional Council, and each is tasked with policy formulation, study and research, and monitoring the implementation of laws and programmes affecting its community.

Three of these commissions—the National Women, National Dalit and National Inclusion Commissions—are established as permanent constitutional bodies. The remaining four—the Indigenous Nationalities (Adibasi Janajati), Madhesi, Tharu and Muslim Commissions—were given a defined mandate of ten years from the commencement of the Constitution, after which, under Article 265, the Federal Parliament may review their necessity and continuation. The Indigenous Nationalities, Madhesi, Tharu and Muslim commissions were added late in the drafting process to broaden representation.

The constitutional bodies share a common architecture intended to secure their independence. Office bearers are appointed through the multi-party Constitutional Council, serve fixed terms, and can be removed before the end of their term only by impeachment in the Federal Parliament on the grounds set out in the Constitution—the same protection afforded to Supreme Court judges. Qualification requirements typically include a minimum age, relevant expertise or experience, high moral character, and non-membership of a political party at the time of appointment.

To preserve impartiality, most chiefs and members are barred from reappointment to the same office and from holding other government positions after their tenure, although they may take up political office or certain advisory roles. The Government of Nepal, provincial governments and local governments are constitutionally obliged to provide the staff and assistance these bodies need to carry out their functions, reflecting the framers' intent that the institutions function effectively across all three tiers of the federal state.