Kathmandu, October 25
Before the Provincial Assembly in Janakpur endorsed the Provincial Police Bill through majority votes on October 11, no one except a handful of stakeholders had imagined that a provincial law would be the central issue in nationwide political discussions for next few weeks.
Two weeks after that, the act has pushed the country towards a new episode of conflict between the federal and provincial governments.
Here are key dimensions of the conflict that you need to know.
Fundamental arguments
Federal government: The provincial government should form laws on the basis of concerned federal laws. The central government is yet to enact new Federal Police Act. The provincial government should have waited till the introduction of the Act.
Provincial government: Kathmandu does not have any objection to contents of the law. It is unhappy because the provincial government brought the law before the enactment of Federal Police Act. The central government is responsible for the delay, not the province.
Constitutional provision
Article 268: Provisions Relating to Nepal Police, Armed Police Force, Nepal and National Investigation Department:
(1) The Federation shall have Nepal Police, Armed Police Force, Nepal and National Investigation Department.
(2) Each State shall have a State police organisation.
(3) Matters relating to the operation, supervision and coordination of functions to be discharged by the Nepal Police and the State police shall be as provided for in the Federal law.
(4) Other matters relating to the Nepal Police, Armed Police Force, Nepal and National Investigation Department shall be as provided by the Federal law.
Schedule 6: List of state power
- State police administration, and peace and order…
Quick province vs procrastinating centre
During a provincial security meeting on April 25, Province 2 Minister for Internal Affairs and Law Gyanendra Yadav urged central government’s Home Minister Ram Bahadur Thapa to enact the federal police law at the earliest so that the provincial government can enact its law.
In response, the Minister assured that the government would enact the law within next two weeks. Yadav agreed to wait.
The Home Ministry prepared a draft of the bill accordingly. But, it is gathering dust at the Ministry of Law, Justice and Parliamentary Affairs for past one and half months.
While waiting for the federal government’s response, the provincial government registered the bill at the Assembly on June 30. The Assembly, however, did not begin discussions over the bill as it was still waiting for Kathmandu’s response.
In the meantime, the President prorogued Federal Parliament session on September 27. Then, the provincial government ended its wait. Despite the objection of provincial main opposition Nepal Communist Party, the Assembly endorsed the bill on October 11.
The bone of contention
Though Yadav claims that the federal government has not objected to any content of the bill, sources privy to opinions of both central and provincial officials say the provision about appointment of provincial police chief is the bone of contention.
The provincial bill proposes that the provincial government will appoint the police chief, which the central apparently does not entertain, they claim.
Likewise, the provincial government has retained all rights related to transfer and promotions as well.
However, no one has officially spoken about the issue.
Or, a mere tug of war?
Of late, the dispute has turned into a prestige issue for both the sides and its theoretical dimension is in the dark.
For example, on October 23, ruling Nepal Communist Party Chairman Pushpa Kamal Dahal told Province 2 Chief Minister Lalbabu Raut not to ‘overtake’ the centre, warning it would lead to an accident otherwise.
The province government, however, seems adamant. Yadav says, “There is no point is going back from the law already endorsed from Assembly. In addition, we have registered another bill to recruit staff.”
Middle-path solution?
Home Secretary Prem Kumar Rai has suggested that the federal government issue the new federal police law as an ordinance as it will take time to begin the next session of Parliament.
He says the Ministry has already launched initiatives towards that option.
