Is there good governance in Nepal or not? How to protect good governance in Nepal? What is the situation of good governance in Nepal? These are the question arise in the mind of every people of Nepal. Though there is many laws, rules and regulation are made for the maintenance of good governance but still problem is there because of the lack of proper implementation of such laws. There is also arise another one question why not laws are properly implemented?Nepal is a democratic country. To be a democratic country there must be the governance to the people for the people and by the people. Good governance is combination of two words Good and governance. Good means desired or pleasant thing that is wanted. Governance means activity of governing a country. Governance is directly related to system of state control. Especially good governance is related to how to make good types of governance system. It exactly means goodness in governance. In Good Governance the Government is well managed, inclusive and results in desirable outcomes, safeguard of the civil society, domestic institutions, business competition and public choice and also improve the institutional foundations of democracy through the infrastructure of participation, equity, transparency and accountability. It looks after the welfare of society. It is specially related to accountability, transparency, participation, openness and rule of law. Good Governance is widely used term in the analysis of the way government is run.
In Nepal the condition of good governance is different accordance to changing time and period. From the ancient period of human development there was a leader who leads the group of people he/she made rule for the governing of such people. Beginning of the Gopal, Mahispal dynasty there was rule for the people which are made by the king. King was the ruler and people were ruled. After that the Kirat dynasty is the legally developed one. In the Kirat dynasty king is supreme. Mundhum was main source of law and was like rule book. Everyone have to follow Mundhum and its rule of the king. People are believe on Dharma. Work done by king were mainly for good faith of people. Though there was rule of king but the king is accountable towards people king was the recognized as god and he could rule over the people.
Lichhavi dynasty is golden age of Nepalese history. There was a concept of good governance and king worked for the goodwill of people. Because of Dharma there was believe that immoral or work against people faith is bad, it is punishable by god that´s why king is also afraid from god. In Malla dynasty king are above the law there is lack of rule of law. But people have to follow Manab Nayayasastra of Jyasthiti malla everyone have to follow otherwise people are punishable by death penalty. It is the first codified law of Nepal. Laws are discriminatory nature if high cast people do same offence they treat differently than low class people. People had no right to speak against king.
In Shah Dynasty Ram shah made 26 “Thiti” which are like rules. People must follow such rule as law. There was saying that ‘Naya Napaye Gorkha Janu’ laws were equal for all. Nepal was unified by Prithivi Narayan Shah. At that time somehow King was accountable towards people. King PN Shah unified country for the better future of the citizen. Ditha and Bichari are elected for the administrative work. Discrimination between people and their work and made four caste system divided people on the basis of cast and they were treat according to their cast.
Rana dynasty: The country was governed by kings autocratic rule there was lack of good governance and rule of law. Kings are above the law, Laws were made by king for the interest of king, they were not bound by those law but General people only bound by such laws. There was lack of accountability and transparent work done by the officer. There was also lacking of peoples participation in state work. Muluki Ain of 1910 B.S. was made by Rana Prime minister Jung Bahadur Rana.That was first codified law of Nepal which established the history of codification of law in Nepal. Constitution of Kingdom of Nepal Act 2004 B.S was also made by Padam Shumsher but it is not implement. This constitution is first written constitution of Nepalese history.Prime minister is main source of power. And this constitution incorporate concept of constitutionalism, by cameral legislation like Rastriya Sabha and Bhardari Sabha at the apex. We can assume that there was lots of laws for regulation of the country.
Constitution have provision about basic fundamental right of the people like freedom of press, religious freedom, speedy justice and also provision of duty of the citizen like they have to ready for the help of country at any time. Council of minister, public service commission etc. there is no separation of power. At that time there was autocratic family rule in Nepal. Though there was lack of good governance in Nepal but there was some work done by rulers which were really remarkable e.g. Sati Pratha was eradicated by Chandra Sumsher, Public school College like Tri Chandra College made for the people for better education.The condition of good governance before 2007 B.S. was very bad. That situation was like current situation of army rule in Myanmar. Because Rana ruler were above the law rule and regulation, they got position as a ruler while getting birth. Those who were position of army they had done work as administrative work. Voice of Rana was law whatever they told everyone have to follow.
After the end of Rana regime though there was democracy in Nepal kings rule was not end until the date of 2063 B.S. power was vested upon king Tribhuvan. Interim constitution of Nepal 2007 B.S. was published which was the second written constitution in the history of Nepal and first implemented constitution also. Executive power inherent in the king and the prime minister. There was provision about personal freedom, rule of law, equal opportunity, laws against human trafficking etc. which were directive principles and policies of the state. There was also provision of adult franchise and Pradhan Nayalaya for justice to the people.
At the period of 2007 to 2015 many more development work were done on the field of good governance which are: establishment of independent of judiciary, starting the practice of principle of separation of power in the area of state, to organize civil servant etc. somehow that time was also good for the development of good governance. But that stage was a little bit out of track because of political instability and selfishness of politics. Constitution of kingdom of Nepal 2015 B.S. was published which was third written constitution of Nepal and provide fundamental right of the citizen like personal freedom, political freedom, equality, right to religion, property, public welfare and constitutional remedy also. Provision for adult franchise, bicameral parliament, independent judiciary etc. this constitution is fundamental law of the land, for the better administration there was Ministers.
Panchayat system prevailed over there in Nepal from 2017 B.S. Poush 1st is black day in the history of Nepal. Again Kings single autocratic rule in Nepal but Panchayat system was better than Rana rule because there was lack of ruler then the Rana family ruler. Though there was control of Panchyat but people have right to choose their representative and right to vote such type of democratic right for the general public. Though they were above the law but number of such ruler were less than the Rana rule. Necessary laws, Regulation. Change in the structure of state and state was in front of the people these were some good work of the Panchyat time.
At that time Nepal was structurally developed, industrial development was also very important development of that time. Constitution of Nepal 2019 B.S. was published by king Mahindra he was the main ruler of Panchyat era. Main provision of this constitution are constitution was fundamental law of the land, party less Panchyat system, adult franchise, provision of citizenship, some basic fundamental right which are right to equality, freedom, right against torture etc. and duties of the citizen, directive policies of the Panchyat, function and duties of supreme court. These provision incorporate provision of good governance.
After the Panchyat period or Specially after the Referendum of 2036 B.S. people of Nepal were very much aware about their rights and obligations. Referendum held because of to choose Panchyat or Sudhariye ko Panchyat people choose Sudhariye ko Panchyat. Some liberal types of politician were emerged and start change in the society and also the change in the thinking of people. People’s Movement of 2046 B.S. was short time, but more developed than the period of 2063 B.S. and more political progress at that time. But in case of good governance there was less development in this sector and rule of law. Later Constitution of Kingdom of Nepal 2047 was published. Which had accept the concept of good governance in Nepal at the first time. Preamble of this constitution had provision of adult franchise, protection of human right, parliamentary governance system, free and independent judiciary, Sovereignty inherent in the people, rule of law, bicameral parliament, constitutional monarchy and multiparty democracy. And also had provision of fundamental right, balance and control between legislature executive and judiciary, establishment of different constitutional organs these provision incorporate the concept of good governance.
Local Self Governance act 2055 B.S.: Preamble of this act to make provisions conductive to the enjoyment of the fruits of democracy through the utmost participation of the sovereign people in the process of governance by way of decentralization. Institutionalize the process of development by enhancing the participation of all the people including the ethnic communities, indigenous people and down-trodden as well as socially and economically backward groups in bringing out social equality in mobilizing and allocating means for the development of their own religion and in the balanced and equal distribution of the fruits of development. Constitute local bodies for the development of the local self governance system in a manner that they are able to make decisions on the matters affecting the day to date needs and lives of the people, by developing local leadership.
The real democracy is in Nepal only after the 2063 B.S. there is end of king rule and start the peoples rule. It is the result of second people movement of 2062/63. After that. The Interim constitution of Nepal 2063 B.S. was promulgated it is the first constitution made by constitution assembly. This is the first constitution of Republic Nepal and established the rule of law and good governance in Nepal. The provision of this constitution are include good governance which are: it has democratic values and norms including the competitive multiparty democratic system of governance, civil liberties, fundamental right, human right, adult franchise, periodic election, complete freedom of press, independent judiciary and concept of the rule of law.
Peoples choose their representatives to rule over Nepal, there is accountability, responsibility and participation in every state work. Now the Good Governance is govern over country by the Good Governance (management and operation) Act 2064 B.S. Good governance act enacted to guarantee (ensure) good governance. Preamble of the Act. Describe that it is helpful to make legal provision in relation to good governance by making public administration of the country pro-people, accountable, transparent, inclusive and participatory and make available its outcome to the general public; upon adopting the basic values of good governance like rule of law, corruption free and smart(lean or smooth) administration, financial discipline, and efficient management of public work and resource to create situation for providing public services in speedy and cost-effective manner; by bringing into execution(enforcement) of the right of the citizen upon having good governance by translating it to practical reality; and transform the administrative mechanism into service delivery mechanism and facilitator.
Good Governance(management and operational) Regulation 20065 B.S. work for to maintain good governance in Nepal. Though there is good governance act and rule of law but still lack of fulfill the condition of good governance because of political instability, corruption, lack of implementation of law and impunity. Constitution of Nepal (2072 B.S.) was published preamble of this constitution have provision about the country must be maintain rule of law and good governance in the state. Constitution of Nepal has provision to maintain good governance incorporate the fundamental right and duties of the people, social justice, independent judiciary, federal republican and democratic governance system, peoples sovereignty etc.
Recently parliament made new act Local Government Operation Act 2074 B.S. which regulate federalism, the country is divided in to three part central, province and local level. This act regulate accountability, transparency answerable and to provide qualitative and simple service to the people. To make democratic, proportional and justifiable distribution of facilities to the people for the maintenance of rule of law. It mainly focus the local level development and maintain the good governance in local level.
In this way good governance is such a vague words to define but in Nepal it is maintain as much as possible according to the changing time and period. Though Nepal suffering from different social, economic and political condition but there is a hope for the betterment.Good governance has always been a hot topic of discussion in Nepal. From the day I could make sense of things, I have heard this word being discussed in every vital national level programs, slogans, campaigns etc. now I am university level student yet, I doubt we have able to realize this concept in our lives. The concept of good governance is coined by United Nation’s Development Program (UNDP) as exercise of political, economic and administrative authority in management of country’s all affairs at all level. In my general understanding, it is a situation where every citizen of the country can live their life being free, responsible and following rule of law. Governance is directly related to system of state control. Different political movements have happened and various government came and go, but people of Nepal are yet to realize the practice of good governance in the country.
(Author is the student of BALLB 5th year at National Law College, Sanepa Lalitpur)
Email address- nath.durga09@gmail.com 9860349040
