What do you mean by Constitutional Bodies?
Constitutional Bodies are established by the Constitution to carry out the important function of helping in the administration of executive works. A constitutional body is a national body or institute established by that country's constitution.
The state requires several authorities to run various state affairs. So, the state makes provision for some important authorities in the constitution along with their formation, functions, duties, and power, and the required qualification of the chiefs and officials. They are called constitutional bodies.
State the Constitutional Bodies as provided by the Constitution of Nepal.
There are thirteen Constitutional Bodies in Nepal according to the Constitution of Nepal. From part 21 to 27 various Constitutional Bodies have been described.
Point to be noted:- The following important things related to office terms, appointments, and removal from office should be remembered.
1. There are five members in each Constitutional Bodies including one Chief Commissioner and four others Commissioner.
2. The President appoints the Chief Commissioner and other Commissioners on the recommendation of the Constitutional Council.
3. The Term of office of the Chief Commissioner and Commissioners is of six years from the date of appointment.
4. The office of Chief Commissioner and Commissioners shall fall vacant if he/she resigns or if he/she attains the age of sixty-five years.
5. Anyone who has passed a bachelor's degree in related subjects is capable for to be a candidate for all Constitutional Bodies except the Public Service Commission. Because a Master's degree is required to be a candidate for the Commissioner of Public Service Commission.
6. The candidate should not be a member of any political party at the time of appointment, have at least twenty years of experience, have attained the age of fourth years, and be of high moral character.
The Power, Functions, and Duties of the different Constitutional Bodies are as follows:-
1. Commission for the Investigation of Abuse of Authority: Part 21 of the Constitution has mentioned about Commission for the Investigation of Abuse of Authority.
The main function of the Commission for the Investigation of Abuse of Authority is to conduct an investigation of any abuse of authority committed through corruption by any person holding public office.
2. Auditor General: Part 22 of the Constitution has mentioned about Auditor General.
The main function of the Auditor General is to audit the account of Federal and State Government Offices including the Office of President, Office of Vice-President, Supreme Court, Federal Parliament, State Assembly, State Government, Local level and Constitutional Bodies etc.
3. Public Service Commission: Part 23 of the Constitution has mentioned about Public Service Commission.
The main function of the Public Service Commission is to conduct examinations for the selection of suitable candidates for the appointment of Civil Service.
4. Election Commission: Part 24 of the Constitution has mentioned about Election Commission.
The main function of the Election Commission is to conduct, supervise, direct, and control the election to the President, Vice-President, members of the Federal Parliament, members of the State Assembly, and members of Local level.
5. National Human Rights Commission: Part 25 of the Constitution has mentioned about National Human Rights Commission.
The main function of the National Human Rights Commission is to respect, protect, and promote human rights and ensure effective enforcement.
6. National Natural Resources and Fiscal Commission: Part 26 of the Constitution has mentioned about National Natural Resources and Fiscal Commission.
The main function of the National Natural Resources and Fiscal is to determine a detailed basis and modality for the distribution of revenues between the three tiers of the Government.
7. National Women Commission: The provision relating to the National Women Commission is mentioned in Articles 252 253 and 254 under Part 27 of the Constitution.
The main function of the National Women's Commission is to formulate policies and programs concerning the rights and interests of women and submit them to the Government of Nepal for implementation.
8. National Dalit Commission: The provision relating to the National Dalit Commission is mentioned in Articles 255 256 and 257 under Part 27 of the Constitution.
The main function of the National Dalit Commission is to conduct an exploration of the situation of the Dalit community and formulate national policies and programs for the upliftment and development of the Dalit by ending caste-based discrimination.
9. National Inclusion Commission: The provision relating to the National Inclusion Commission is mentioned in Articles 258 259 and 260 under Part 27 of the Constitution.
The main function of the National Inclusion Commission is to study and research works for the protection of Rights and interests of the different communities like persons with disability, backward class, senior citizens and laborers, peasants, etc.
10. Indigenous Nationalities Commission: The provision relating to the Indigenous Nationalities Commission is mentioned in Article 261 under Part 27 of the Constitution.
The power, function, and duties of the Indigenous Nationalities Commission shall be as provided by federal law.
11. Madhesi Commission: The provision relating to the Madhesi Commission is mentioned in Article 262 under Part 27 of the Constitution.
The power, function, and duties of the Indigenous Nationalities Commission shall be as provided by federal law.
12. Tharu Commission: The provision relating to the Indigenous Nationalities Commission is mentioned in Article 263 under Part 27 of the Constitution.
The power, function, and duties of the Indigenous Nationalities Commission shall be as provided by federal law.
13. Muslim Commission: The provision relating to the Muslim Commission is mentioned in Article 264 under Part 27 of the Constitution.
The power, function, and duties of the Indigenous Nationalities Commission shall be as provided by federal law.
In Conclusion, The power, function, and duties of each and every Constitutional Bodies have been described in the Constitution.
However, the power, function, and duties of the four Bodies have not been described in the Constitution. But the constitution has said that their power, function, and duties shall be as provided by Federal Law.
In this way, the Constitutional Bodies help the government to run its function smoothly.
Read This Also: Why does substantive law become meaningless in the absence of procedural law?