Executive of Nepal II Nepal's Executive

Executive of Nepal

Executive is the organ of the state which implement laws and gives orders to establish "rule of law" and "good governance" to the people. Executive is normally understood as the controller of "public administration" which acts as a bridge between legislature and judiciary and maintain balance between them. It is popularly understood as the "government" and all the executive powers are vested in the council of ministers. The constitution of Nepal 2072 BS has made the provisions for executive functions at three levels:- the top level as central or federal executive, the middle level known as the provincial executive and at the grass-root (bottom) level called the local level. Under the present model of parliamentary democracy in Nepal, the Prime Minister is the real executive head of the government and the president represents the state without having real executive affairs except in few extraordinary situations. Thus, the president is just the titular head of the government. 

Formation of executive of Nepal 

The formation of executive of Nepal is mentioned in the following points: 

1. If any political parties get clear two third majority in the parliament the president appoints the prime minister as the parliamentary leader of the country. 

2. If no political party get clear two third majority, then the president requests to the political parties of the parliament to make agreement for coalition government within 30 days. 

3. If no single party or alliance get a majority, in the parliament then the president appoints the prime minister who has got the highest seats in which the such type of government should get vote of confidence within 30 days. 

4. If the highest party with maximum majority is unable to get vote of confidence within 30 days, then it will dissolve the council of minister then the president appoints any person as the prime minister who is most likely to secure majority support in parliament. 

5. If no political party makes majority then parliament gets dissolved and next general election will be held for parliament. 

Powers and functions of executive 

a) Administrative powers and functions : The executive carries out all the day-to-day administration through several ministries and departments. They takes major decisions regarding national importance, look after internal and external security, implements the laws effectively and efficiently. 

b) Legislative power and functions: President on the recommendation of the Prime Minister can summons the session or declares the end of session of the legislature parliament. The prime minister and council of minister can take part in legislative process of both the ordinary and money bills that go through three readings. Most of the bills originated in different ministries which is passed to parliament etc. are include in legislative power and functions. 

c) Financial power and functions: Finance minister prepares budget every year and distribute it to different sector which is utilized by executive i.e. Government of Nepal, they can borrow money from international bank by a meeting and takes decision to impose fresh tax, repeal the old one or modify the existing tax rates. 

d) Judicial power and functions: Executive is the pat of the both constitutional council and judicial council although they have certain power in its terms but they are its members whereas the executive of Nepal also has the power to modify the punishment awarded by the highest court of law - such as the supreme court of Nepal. 

e) Miscellaneous powers and functions: In it, the functions related to army, maintaining diplomatic relation with different country, imposes emergency on the country in case of threat to Nepal's integrity and sovereignty, deciding various kinds of titles and awards, taking part in international convention, summit and making the active representation of Nepal are included. 

Importance of executive 

From the above function of executive of Nepal, you can summarize the importance of executive in the following points: 

1. The executive performs day-to-day activities and rules and governs the country. 
2. They looks after different national issues and handled such things. 
3. The executive used to carry different developmental activities by the money distributed by it through budget. 
4. The executive also looks after border issues, national integrity, international relation of Nepal. 
5. Gives order to establish "rule of law" and "good governance" to the people.