Part-20 Interrelations between Federation, State and Local Level

Part-20 Interrelations between Federation, State and Local Level

Interrelations between Federation, State and Local Level
231. Legislative interrelations between Federation and States:

1) The Federal Law
may be made to be applicable to the whole of, or, if required, to any part of, the
territory of Nepal.
(2) A State law may be made to be applicable to the whole of, or as
required, to any part of the territory of the State.
(3) If two or more States make a request to the Government of Nepal to
make laws on any matter enumerated in Schedule-6, the Federal Parliament may
make necessary laws. Such laws shall be applicable only to the concerned States.
232. Relations between Federation, State and Local level:

(1) The relations between
the Federation, States, and Local level shall be based on the principles of
cooperation, co-existence and coordination.

(2) The Government of Nepal may, pursuant to this Constitution and the
Federal Law, give necessary directions to any State Council of Ministers on
matters of national importance and on matters to be coordinated between the
States, and it shall be the duty of the concerned State Council of Ministers to abide
by such directions.

(3) If any such type of act as may seriously undermine the sovereignty,
territorial integrity, nationality or independence of Nepal is carried out in any
State, the President may, as required, warn such State Council of Ministers,
suspend or dissolve the State Council of Ministers and the State Assembly for a
period not exceeding six months.

(4) Any suspension or dissolution of any State Council of Ministers and
State Assembly made pursuant to clause (3) must get ratified by a two-thirds
majority of the total number of the then members of the Federal Parliament within
thirty five days.

(5) If dissolution made pursuant to clause (3) is ratified by the Federal
Parliament, election to the State Assembly shall be held in such State within six
months.Provided that such suspension or dissolution shall ipso facto be invalid if it
is not ratified by the Federal Parliament.

(6) The Federal ruling shall apply to such State during the period of
such suspension if the suspension made pursuant to clause (3) is ratified pursuant
to clause (4) and until election to the State Assembly is held pursuant to clause (5).

(7) During the continuance of the Federal rule, the Federal Parliament
may make laws with respect to any matter enumerated in the List contained in
Schedule-6. Such laws shall continue to exist until repealed by other laws made by
the concerned State Assembly.

(8) The Government of Nepal may, directly or through the State
Government, render necessary assistance to, and give necessary directives to, any
Village Executive or Municipal Executive, pursuant to this Constitution and the
Federal law. It shall be the duty of the Village Executive or Municipal Executive to
abide by such directives.

233. Relations between States:

(1) One State shall render assistance in the execution
of legal provisions or judicial and administrative decisions or orders of another
State.

(2) A State may exchange information and consult with another State on
matters of common concern and interest, coordinate each other on their activities
and legislations and extend mutual assistance.

(3) A State shall, in accordance with its State law, provide equal
security, treatment and facility to residents of another State.

234. Inter-State Council: (1) There shall be an Inter-State Council as follows to settle
political disputes arising between the Federation and a State and between States:

(a) Prime Minister – Chairperson
(b) Minister for Home Affairs of the Government of Nepal- Member
(c) Minister for Finance of the Government of Nepal – Member
(d) Chief Ministers of the concerned States – Member

(2) The Inter-State Council may meet as required.
(3) The Inter-State Council may invite to its meeting a Minister of the
Government of Nepal and a Minister of the concerned State who is responsible for
the matter of dispute and a concerned expert.
(4) The rules of procedures of the meeting of the Inter-State Council
shall be as determined by the Council itself.

235. Coordination between Federation, State and Local Level:

(1) The Federal
Parliament shall make necessary laws in order to maintain coordination between
the Federation, State and Local level.

(2) The State Assembly may maintain coordination between the State
and Village Bodies or Municipalities and settle political disputes, if any, that have
arisen, in coordination with the concerned Village Body, Municipality and the
District Coordination Committee.

(3) The processes and procedures for the settlement of disputes under
clause (2) shall be as provided for in the State law.

236. Inter-State trade: Notwithstanding anything contained elsewhere in this
Constitution, it is prohibited to make any kind of obstruction to the carriage of
goods or extension of services by a State or Local level to another State or Local
level or to the carriage of goods or extension of services to any State or Local
Level or to levy tax, fee or charge thereon or to make any kind of discrimination
on the carriage or extension of such services or goods.

237. Not to affect jurisdiction of Constitutional Bench of Supreme Court: Nothing
contained in this Part shall affect the jurisdiction of the Constitutional Bench of the
Supreme Court under Article 137.