Federal Affairs Ministry asks local governments not to enact laws on their ownThe federal government has asked the local governments not to formulate any laws without its consent, which has reportedly hampered their efforts to improve the quality of school education.
The federal government has asked the local governments not to formulate any laws without its consent, which has reportedly hampered their efforts to improve the quality of school education.
Contrary to the constitutional provision, the Ministry of Federal Affairs and General Administration on Thursday issued a circular to 753 local governments, asking them to consult with it before formulating any law. It also asked them to wait for the Federal Education Act before coming up with the local legislation.
Since Schedule 9 of the Constitution of Nepal lists education as the concurrent power of the three tiers of government, the circular says the local federal administrations should be mindful that their laws don’t contradict with the one formulated by the federal government.
It also asked all the local governments to coordinate with the Centre before taking any decision on hiring and firing staff.
However, Schedule 8 gives the local governments explicit authority to manage school education. This means the local governments are free to hire and fire teachers, develop curriculum and to hold examinations till grade 12.
They are also free to formulate necessary laws. However, the federal government has been intervening in the process.
Chiri Babu Maharjan, the mayor of Lalitpur Metropolitan City, said frequent interventions by the federal government have hit their performance.
“The circular comes at a time when we are at the final stage of endorsing education bylaws,” he said.
“If the federal government wants our laws to be consistent with the one at the Centre, it must formulate all the federal laws on time.”
Maharjan argued that the incompetence of the federal government shouldn’t affect their work.
Teachers’ associations close to the political parties have spoken against the intervention of local governments in teacher management.
Maharjan said the metropolis will write to the ministry asking it not to intervene in the functioning of local governments.
Local level representatives have a feeling that the central government is treating local governments as its subordinates, going against the spirit of the constitution.
The Constitution of Nepal, which came into force three years ago, accords equal status to the three tiers of government.