1. State Restructuring and Power Sharing: Issues of Contemporary Times

2. Variant structures of states
Equal Federal Structures (states): USA, Australia, Germany, South Africa
Unequal Federal Structures (States): India (J&K, Sikkim), Canada (Quebec)
Autonomous regions in Unitary State: China
Regional Political Strutures: Srilanka, United Kingdom
Decentralized Local Structures: Norwey, Sweden, Denmark
Nepal??
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3. Concept of federalism
Federalism is a type of government in which the power is divided between the national government and other governmental units.
Federalism contrasts with a unitary government, in which a central authority holds the power, and a confederation, a more or less permanent union of states with some or most political power vested in a central authority.
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4. Concept of federalism
A flexible form of state organisation, it pre-determines only very few aspects.
A way politics is done – a way of thinking and acting: Power in the hands of many instead of in the hand of few.
In most cases, developed pragmatically
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5. Concept of federalism
The classical federations: Confederation & Federation (federation by aggregation)
New federations: from Unitary State to Federal State (federation by disaggregation)
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6. Principles of Federalism
Basically 2 principles:
Coming together (Federation by aggregation)
Independent or autonomous states, entities coming together to form a more robust and powerful federation. USA, EU are the examples.
Holding together (federation by de-aggregation)
Restructuring the unitary form of a nation into several states/provinces and distributing governance authority. India, Belgium, Spain and Nepal the examples.
In addition "Principle of Diversity Management" is also taken as principle of federalism.
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7. Definition
"Federal political systems" is a descriptive term applying to a broad category of political systems in which, by contrast to the single source of central authority in unitary systems, there are two (or more) levels of government, and combining elements of shared-rule through common institutions with regional self-rule through the constituent units. This broad category encompasses a whole spectrum of more specific non-unitary forms including "federations" and "confederations"
Ronald Watts
( )
In more simpler terms it is a combination of shared rule (for common purposes), and sub-national/local self rule (for specific purposes).
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8. Deciding on Federalism
Constitutional Guarantee
Self-rule
Autonomy of Federal Units (Provinces/Local Level)
Internal Organisation of Federal Units
Exclusive Powers
Resources
Shared Rule
Political institutions at national and sub-national level (representation)-Councils
Execution of Concurrent Powers
Interaction
Concurrent and Shared Powers
Fiscal equalisation
Coordination and Control
Dispute Resolution
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9. Federalism in Nepal
Declared as a Democratic Federal Republic by the Interim Costitution-2063 BS.
Federal constitution promulgated on 03 Ashoj 2072 BS (20 Sept )
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10. Lalitpur Metropolitan City
Federal System
Federation
Province#3
Lalitpur Metropolitan City
Coordination
Cooperation
Coexistence
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11. Constitution of Nepal
In order to fulfill the aspirations for perpetual peace, good governance, development and prosperity through the medium of federal democratic republican system of governance, hereby promulgate this Constitution through the Constituent Assembly.
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12. Why Nepal requires state restructuring?
Establishing rights
Recognizing voices
Sharing resources
Enlargnig/Expanding choices
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13. Why Nepal requires state restructuring?
State restructuring is something that is directly associated with political re-imagination of the state as per the spirit of the time and is a continuous process in democracy
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14. Sectors of Restructuring
Political
Administrative
Social/Cultural
Fiscal
What it means in Nepal?
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15. What is the definition of state of Nepal?
ax'hftLo, ax'eflifs, ax'wfld{s, ax';f+:s[lts ljz]iftfo'Qm, ef}uf]lns ljljwtfdf /x]sf ;dfg cfsf+Iff / g]kfnsf] /fli6«o :jtGqtf, ef}uf]lns cv08tf, /fli6«o lxt tyf ;d[l4k|lt cf:yfjfg /xL Pstfsf] ;"qdf cfa4 ;a} g]kfnL hgtf ;dli6df /fi6« xf] -wf/f #_
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16. Criteria or bases A. Identity: Ethnicity/community (जातीय/समुदायगत)
Language (भाषिक)
Culture (सांस्कृतिक)
Historical continuity (ऐतिहासिक निरन्तरता)
Geographic continuity (भौगोलिक/क्षेत्रगत निरन्तरता)
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17. Criteria or bases B. Capability:
Economic inter-dependence/capability (आर्थिक अन्तरसम्बन्ध र सामर्थ्य)
Status of infrastructures and their viability (पूर्वाधार विकासको अवस्था र सम्भावना)
Availability of natural resource (प्राकृतिक साधन र स्रोतको उपलब्धता)
Administrative accessibility (प्रशासनिक सुगमता)
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18. Power Sharing in Nepal Principles Organization/sharing of Power
Cooperation vs. Competition
Separation vs. Balance of Power
Horizontal power sharing : power sharing between the three organs of government (legislative, executive and judiciary)
Vertical power sharing : sharing state power between different territorial layers of government (federal, state, and local levels)
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;+ljwfgn] k|bfg u/]sf clwsf/ tyf sfo{x?nfO{ ljz]ift lgDg tLg ;d"xdf auL{s/0f ug{ ;lsG5M
gLlt lgdf{0f, lgodg tyf cg'udg sfo{x? (Policy and regulatory works)
k|Zff;sLo tyf ;]jf k|jfxsf] nflu cfjZos sfo{x? (Back office functions)
;]jf k|jfx;+u ;DalGwt sfo{x? (Frontline service delivery)
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20. tx cg';f/ clwsf/ tyf sfo{x?sf] auL{s/0fsf
;+3sf sfo{{x?M ;+ljwfgdf Joj:yf ePsf Psn tyf ;femf clwsf/x?
/fli6«o gLlt tyf lgodgx?
dfkb08 tf]Sg]
cg'udg tyf d"Nof+sg
cGt/fli6«o ;DaGw
cg';Gwfg tyf gljgd\td k|ljlwsf] ljsf;
s]Gb|Lo tYof+s
cGt/;/sf/L ;dGjo
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21. clwsf/ tyf sfo{x?sf] afF8kmfF8sf] l;4fGtx?
k|b]zsf sfo{{x?M ;+ljwfgdf Joj:yf ePsf Psn tyf ;femf clwsf/x?
k|fb]lzs gLlt tyf lgodgx?
k|fb]lzs dfkb08 tf]Sg]
cg'udg tyf d"Nof+sg
cg';Gwfg tyf gljgd\td k|ljlwsf] ljsf;
k|fb]lzs tYof+s
cGt/lgsfo ;dGjo
;+3Lo tyf :yfgLo ;/sf/nfO{ k|Zff;sLo tyf ;]jf k|jfxsf] nflu cfjZos Joj:yfx?
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22. clwsf/ tyf sfo{x?sf] afF8kmfF8sf] l;4fGtx?
:yfgLo ;/sf/sf sfo{{x?M ;+ljwfgdf Joj:yf ePsf Psn tyf ;femf clwsf/x?
:yfgLo gLlt tyf lgodgx?
:yfgLo dfkb08 tf]Sg]
cg'udg tyf d"Nof+sg
:yfgLo tYof+s
;]jf k|jfxsf] nflu cfjZos sfo{x?
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23. Key Issues
Whether the restructured governments are symmetric? Or assymetric?
Symmetry of functions assigned to asymmetry of governments
Are all provinces symmetric?
Are the local governments symmetric?
Tila Gufa Municipality (Kalikot) vs. Dhulikhel Municipality (Kavre)
Lahan Municipality (Siraha) vs. Putalibazar Municipality (Syangja)
Bharatpur Metropolitan City (Chitwan) vs. Kathmandu Metropolitan City (Kathmandu)
What about the functions?
The functions for provinces and local governments are symmetric (Schedule-5)
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24. FAQs
Centralized of decentralized federalism, which is suitable in Nepal? (Decentralized federal countries: Switzerland, Canada vs. centralized federal country: Malaysia)
What is the scope/space of district (district government)?
Should Nepal have single or dual judicial system?
Is it necessary to have constitution implementation mechanism and transition plan for next few years?
What should be the relationship between the rights to self- determination and federalism?
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25. FAQs
How should the recognition of diversity of language be managed in Nepal?
How should the levying and collection of taxes be allocated among the federal, province and local governments?
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26. Potential risks (opportunities)
Implementing constitution
Reaching people
Building ownership on state and national solidarity
Making federalism a good means
Strengthening local government
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27. Thank You
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