Social Studies Reference - Class 10 - Unit 5

 UNIT: 5
CIVIC CONSCIOUSNESS
1  legislature
legislature is the house of peoples representatives who are elected through the different modes of elections representing the mandates of people. It is also called the law making body as it formulates the laws. In the parliamentary system, the executive body is formed out of the legislature. The federal legislative system of Nepal is bi - cameral legislative parliamentary system, the House of Representatives and National Assembly.
2.  The levels legislative system in Nepal
 The constitution of Nepal has made the provision of two levels of legislative system. These levels of legislatures are Federal Legislature and Provincial Legislature ( Provincial Assembly).  The Federal Legislature is in federal ( center) in the capital city of the nation and Provincial Legislature is in every province.
3. differentiate between Federal Legislature and Provincial Assembly (Legislature)
The Federal Legislature is called House of Representatives and Provincial Legislature is said Provincial Assembly. The difference between them are;
Federal Legislature House Of Representatives (HOR)

• It is the House of Representatives which remains in the center which is called the lower house. 
• The peoples representatives get elected by the votes of the general people through out the country.
•  First Past The Post (FPTP) and Proportional Representation (PR) electoral system is followed to elect the peoples representatives.
• 165 law-makers are elected on the basis of First Past The Post and 110 law-makers are elected on the basis of Proportional Representation.
• The tenure of the peoples representatives (law-makers) of this House is five years and this House is replaced by general election every after five years.
•   National Assembly

• The National Assembly is also the house in the center which is called the Upper House.
• The law makers are elected by the votes of Electoral College.
• Single Transferable Vote is the electoral system followed to elect the law-makers of National Assembly.
• There are 59 law-makers in total and among them, 56 members are elected from the provinces ( 8 members from each province) and 3 members nominated by the president in the recommendation of  House of Representatives. 
• The tenure of law-makers of  National Assembly is 6 years. Here 1/3  members are replaced through election every after two, four and six years. It never gets vacant so it is also called the permanent house.  

4.  The formation process of Federal Legislature according to Constitution of Nepal.
The Constitution of Nepal was commenced on 3rd Ashwin, 2072. It declared Nepal as Federal Democratic State. The constitution has introduced the provision of formation and function of federal system along with seven provinces. The legislative power has also been distributed in between the three levels of the governments i.e. federal level, provincial level and local level. The Federal Legislature remains in the center i.e. the capital city of the nation, the provincial assembly (legislature) capital remains in the capital city of each province and the local legislatures are found in each every local levels.
According to Constitution of Nepal-2072, the Federal Legislature of Nepal is bicameral. The first house is called the House of Representatives. It is called the lower house. The House of Representatives consists of 275 law makers. 165 law makers are elected on the First Past The Post     ( FPTP) and 110 members are elected through Proportional Representation (PR) basis.
The next house is National Assembly. There are 59 members. Among them, the 56 members are elected Single Transferable Vote electoral system by Electoral College. And the three members are nominated by the president in the recommendation of federal executive.
5. The formation process of Provincial Assembly according to Constitution of Nepal 2072.
Nepal is Federal Republic country with seven province model.These provinces are consist of all the levels of the governments. The legislature of province is called Provincial Assembly. The numbers of law makers get differ from one province to another. According to constitution of Nepal, the number of law makers who get elected from one province for Federal Legislature would be double for the Provincial Assembly under FPTP. It is considered as 60% in total, for example; in Bagmati Pradesh, 33 law makers get elected for Federal Legislature under FPTP provision and it gets double for Provincial Assembly i.e. 33x2 and it is 60%. In the same way, the remaining 40% law makers i.e. 44 law makers are elected through Proportional Representation basis. This the constitutional provision  of formation of the provincial assembly in Nepal.

LESSON ; 2
FEDERAL EXECUTIVE


  The formation process of Federal Executive according to Constitution of Nepal
Executive is the law executing body of the state, which executes the laws drafted by the legislature. It is the highest administrative body of the state. Executive is also termed as the council of ministers and the government. The executive body of Nepal is formed out of the legislature and it is the main feature of the parliamentary system. There are three levels of executive. They are federal executive and it is headed by the Prime Minister. The next is provincial executive and it is headed by Chief Minister. Finally, the executive of local level and it is headed by Mayors and chairpersons of local levels.
According to Constitution of Nepal 2072, there are three provisions to form the executive body in Nepal. They are;
a. Majority basis
b, Coalition basis and
c. Minority basis
a. Majority basis
Majority basis is the first step of forming the executive ( the council of ministers). Here, the              political party which is able to get the majority (more than 50% seats in the Federal Legislature) in the General Election in the legislature (parliament) would elect the Parliamentary Party Leader first and the head of the state ( president) appoints the parliamentary party leader in the post of Prime Minister of the nation. He/She appoints the Deputy Prime Minister, ministers, state ministers according to constitution in the recommendation of the political party which one is forming the government.





  Unit: 5.3
1. Define judiciary.
Judiciary is one of the organs of the state which gives justice to the innocent people with the help of exiting of law drafted by the legislature. The judiciary is such bodies safe guards the fundamental rights of the people so it is also called the guardian of the constitution. Chief Justice is the head of Judicial system of a nation.
2.  The types of courts of Nepal
The types of courts of Nepal are;
a. Supreme Court - 1  - The highest court
b. High Court -       7  -  The court of a state or middle court
c. District Court -    77 - The lowest court or court of a district
3.   The chief justice and other chef judges of High Court and District Court are appointed in this way:
 The Chief Justice of the Supreme Court is appointed by the president in the recommendation of Constitutional  Council for the tenure of six years. The other chief judges of the High Court and District Courts are appointed by the Chief Justice in the recommendation of Judicial Council for the tenure of five years.

4. Importance of judiciary in the federal democratic system
Impartial, independent and efficient judicial system is the main key of the succession of  democracy. The importance of independent  judiciary are ;

a. Judiciary is such organ of the state of which always advocates in favour of the will and aspiration of the people.
b. It always protects and promotes the fundamental rights of the people granted by the constitution of the state.
c. Judiciary has got the right to question on the activities of the legislature and executive which helps to maintain balancing power of the three organs of the state.
d. The judiciary interprets the exiting laws and  of the nations helps in providing justice to the innocents punishing the guilty.
e. The efficient, independent and effective judiciary helps to develop the country to become
strong country in the world.
5.  The chief justice appointed;
The chief justice is appointed by the president in the recommendation of constitutional council for the tenure of six years and he/she gets retirement at the age of sixty five years.
6.  The chief judges of the High Courts and the District Courts get appointed?
The chief judges of the High Courts and District Courts get appointed by the chief justice in the recommendation of Judicial Council and they get retirement at age of sixty three years old.
7. Constitutional Council is;
There is a constitutional provision to make recommendation for the appointment of chief commissioners of constitutional bodies and the chief justice of Supreme Court, such authorized body is termed as the constitutional council. It consists of the following members.
i)  The Prime Minister - Chairperson
ii)  The Chief Justice -    Member
iii) The Chair Person of the H.O. R. ( The Speaker of  H. O. R.) - Member
iv)  The Chair Person of the National Assembly - Member
v)   The Leader  of the Opposition Party of the  H. O. R. - Member
vi) The Deputy Speaker of the H. O. R.- Member
8. Define judicial council.
The Judicial Council is such authorized body of the state which makes the recommendation for the appointment of the Chief Judges of High Courts and the District Courts, transfer of, disciplinary action against, dismissal of judges and other legal activities. The Judicial Council consists of the following members.
i) Chief Justice - Chairperson
ii) The Minister of Law and Justice of Federal Executive - Member
iii) The Senior Most Judge of the Supreme Court- Member
iv) One Jurist ( nominated by the President in recommendation of Prime Minister) - Member
v) One Senior most advocate (with 20 years experience appointed by the President in the recommendation of Bar Association of Nepal) - Member
9.  The functions of the Supreme Court;
The Supreme Court is considered as the highest court in the judicial system of Nepal. It is the court of record as its decisions are recorded for long lasting for memory and the sources of evidence. It is the only body in judicial system to interpret the law and constitution of the state. The Supreme Court of Nepal consists of 20 judges and other judges are appointed as per the need of the cases.
The functions of Supreme Court are;
a. To declare the law to be void if it appears to be inconsistent with the constitution.
b. To issue the appropriate order and provide the appropriate remedies in the enforcement of the fundamental rights.
c. To issue the appropriate writs and the orders.
d. To hear the original cases, appeals, to examine the decisions referred for conformation, review the cases, hear the petitions or review the judgments. etc.
10. The act of check and balance among the three organs of the state.
The three organs of the state ie legislature, executive and the judiciary are the prime bodies of the state to run the affairs  of the state. For it, they assist each other and they also interfere the each other's duties when the duties are against law of the land and the will and aspiration of the people to become more responsible towards the state. The check and balance among these three organs are given in the following points.
1. The legislature is the House of Representatives (parliament) formed by the election, some time, it may go out of track or function against the law and the constitution. It may not support in the constructive works. In such situation, the Executive may dissolve the the House of Representatives and go for fresh mandate as Mid Poll. It happened in 2051 B.S.by the then Prime Minister Girija Pd. Koirala. It also passes the ordinance when it doesn't get the support from the legislature.
2. The Executive can't pass the annual program and policies state until it gets the support of legislature. It needs 2/3 majority to pass it from the House of Representatives. Next, when the government or the Executive goes against will and aspiration  of the people and law of the land, the Legislature warns the Executive and tries to bring it in the right path. The Legislature may launch the Vote of No Confidence against the government. If it passes by the majority, the exiting Executive gets dissolved and Executive is formed. It happened in 2052B.S. by Sher Bahadur Deuba.
3. The Judiciary is non political body. It launches warrants  of stay order against the Legislature and the Executive when they are against the people and law. It took place in 2069 B.S against the Constituent Assembly.
4. The Legislature and the Executive both may pass the impeachment against the judicial head, when the this figure goes against the law and doesn't support the both organs of the state. It happened against the then chief justice Shushila Karki.
At the end we can conclude that these three organs of the state have to assist,guide and interfere each other in the effective and efficient functioning of the state affairs.    

4. The functions of the judiciary;  
The functions of judiciary are as follow;
a. The function of judiciary is to provide justice to the people with the help of the exiting law drafted by the Legislature. It protects the innocents and punishes the guilty. It is termed as Judicial Function.
b. Judiciary explains the existing law of the state. As the court gives the decision on any case, it explains the meaning and the  spirit of the law. It also works as the precedent. It is termed as Interpretation of law.
c. The constitution has granted various fundamental rights to the people. These rights helps the people to enjoy their rights. Sometimes the state violates the rights of the people and limit them with very limited rights. In such case, the judiciary is only organ of the state to protect the fundamental rights of the nation. It is called Protection of fundamental rights and freedom.
d. Judiciary is the organ of the state which provides suggestions to the government and the legislature in the legal matters. Here the government head and the chairperson of the legislative parliament are helped by the judiciary. It is said Advisory Function.   
5. Judiciary need to be independent, impartial and competent body of the state. The ways of  making judicial bodies impartial and competent.
 Judiciary is one of the major organs of the state which has to give the justice to the people with the help of exiting law drafted by the legislature. It is the non political body of the state. It is the only body of the nation that protects or safeguards the fundamental rights of the people so it is also called the guardian of the constitution. The democracy can be materialized in the state when the judicial bodies are independent, competent and impartial.
Judiciary is such body of the state which should be impartial and independent because it has to give justice to the innocent and punish to the guilty and it is possible, when the judiciary is independent and impartial from the other bodies like executive and legislature. We clearly know that when the judicial bodies are not free from the prejudices, they can not provide the fair and  impartial decisions. If the justices are guided by the any kind of prejudices or political pressures the innocent people may be victimized and the guilty get opportunity to escape and may continue the same kind of works for his benefit. Thus the judicial bodies of a nation need to be free and fair in their judicial services.
There are various ways of making the judicial bodies impartial, competent and free and fair.

• The principle of merit system should be adopted while appointing the justices of the Supreme Court, High Courts and District Courts.
• The  process of appointing the justices and the judges should be out of the political quotas and the political pressures.
• While making the verdict the judicial body should be out of political interference. It has to be be in the favour of the nation.
• The justices and judges need to be out of partiality and prejudices and political pressures while making the justice.   

The suggestion given above may become the guide line in the process of making the free and fair justice. Beyond it, the other organs of the state should follow the principles of check and balance for free and fair decision and institutionalizing the democratic norms and values in the state. Thus we say that judiciary is such organ of the state which always need to be free and fair and it should also be free from any kinds of pressure for fair justice.

6. The differentiate between civil case and criminal case in points.
Civil Case

•  A civil case is a dispute between two or more individuals or entities in which compensation may be awarded to the victim or a right declared.
• Civil case deals with the disputes or disagreements between two groups or organizations.
• In this case, the loosing defendants has to compensate the plaintiff for the lose he/she has made.
• The litigant is not imprisoned or executed in civil cases.
• In this type of case, the burden of proof lies on the litigants.
• The both parties can make an appeal to a higher court if they are not satisfied with the decision of the court they got.  
• Criminal Case 
• A criminal case is a type of court proceeding in which the defendant conducts are considered illegal by the government and it begins after the arrest when the person informed of his or her charges usually at a hearing called an incident. Criminal cases are state based cases.
• Criminal cases are the government or state based cases.
• The criminal cases always deal with the criminal acts or offences.
• In these type of cases the litigants are punished according to exited law. 
• Here the plaintiffs are either imprisoned or executed or asked for fines or it may be both imprisonment and fine. And it depends on the nature of the case.
• Here the burden of the proof always lies with the state. The state has to proof that the defendant is a guilty.
• In this type cases the defendant has a chance to make an appeal in the higher court of the state.      

Unit :5.10 

1. Define citizen.

A person who is a legal resident of a sovereign nation and enjoys the rights granted by the state along with the fulfillment of the duties towards his/her nation is termed as a citizen.

2.  Citizenship is.

The legal identity or evidence of a citizen granted by the state is known as citizenship.

3. Differentiate between citizenship and nationality.

Citizenship

* It is the legal provision of being a member of a nation with the identity.

* It is temporary in nature and it can be quieted at any time.

* It carries an individual approach or concept.

* It is a limited concept.

* It can be acquired residing in the particular state according to law of that particular nation.       or the state.

Nationality

* Nationality is the status of belonging a member of a particular nation by origin,birth or               naturalization.

*It is a kind of emotional attachment with the state.

* It always carries a collective approach.

* It is a kind of feeling and permanent in nature and it can not be quieted as it remains in heart.

* It is a broad concept.

4. The types of citizenship according to constitution of Nepal.

The types of citizenship granted by the constitution of Nepal 2072 are;..

a. Citizen by Decent (Natural)

b. Naturalized Citizenship

c. Honorary Citizenship

d. Non Residential Nepalese Citizenship

5.Describe the process (provision) of acquiring citizenship by decent and naturalized citizenship of Nepal according to constitution of Nepal 2072? 

The provision of acquiring citizenship by Decent ( Natural) are;

> A person whose father or mother was a citizen of Nepal at his or her birth.

> A person whose father or mother both are the citizens of Nepal by birth prior to the                     commencement of the constitution.

> A minor child who is found in the territory of Nepal, whose parents are not traced.

> A child born of a Nepalese woman who is a citizen of Nepal but father is not identified.

> The person whose permanent domicile is in Nepal prior to the promulgation of the present          constitution.

6. Describe the constitutional provision of acquiring Naturalized Citizenship according to Constitution of Nepal 2072.

According to constitution of Nepal 2072, the provision of acquiring Naturalized Citizenship are;

> A child born of Nepalese woman married to a foreigner (an alien) but has permanently               resided in Nepal and not acquired citizen of the particular country (foreign) country.

> A foreign lady married to a Nepali citizen.

>  A child born of Nepalese citizen holder woman permanently resided in Nepal until his/her father is traced he/she remains natural citizen but when father is traced as foreigner the child citizenship converts into naturalized one.

7. What is the constitutional provision to provide Honorary Citizen of Nepal?
The Honorary Citizenship is granted by the government to the internationally renowned foreign figure who has worked for the welfare and good name and fame of Nepal in the world.

8. Who were the international figures to receive the honorary citizenship of Nepal?

They were 

a. Edmund Hillary and 

b. Tony Hagen

9. How is N.R.N. Citizenship granted according to contribution of Nepal?

Those Nepalese who are residing in abroad quitting the citizenship of Nepal and receiving the citizenship of particular nation.

   

                            Unit: 5.5
              The Constitutional Organs

1. What do you mean by constitutional body?
The three organs of a state can't run all the affairs of the state. A state requires a number of state authorities for proper functioning of the state affairs. Thus a  state makes a provision of some important authorities along with their formation and functions in the Constitution such state bodies or authorities are called constitutional organ/bodies. Ex. CIAA, Public Service Commission etc.

According Constitution of Nepal 2072, there six major constitutional bodies. The provision of these constitutional bodies are given in part 21 to 26 respectively. They are;

a.Commission for the Investigation of Abuse of Authority (CIAA)
b. Auditor General
c. Public Service Commission
d. Election Commission
e. National Human Right Commission
f. National Natural Resource and Fiscal Commission.
There is a provision of other commissions too in part 27.
a. National Women Commission (Article.252)
b. National Dalit Commission (Article.255)
c. National Inclusion Commission(Article.258)
d. Aadibasi Janajsti Commission(Article.261)
e. Madhesi Commission ( Article262)
f. Tharu Commission (Article. 263)
g. Muslim Commission ( Article. 264)

Formation Process of constitutional bodies 

The provision of ..........(name of any constitutional body) is given in part......( part mentioned in the constitution) of the constitution of Nepal 2072. There a chief commissioner and other four commissioners. The chief commissioner is appointed by the president in the recommendation of constitutional council.

Tenure:

The chief commissioner is appointed for the tenure of six years from the date of appointment and gets retirement at the age of 65 years.

The eligibility(qualifications) required

The given qualification are the common qualification for all the candidates to be appointed as chief commissioner.
* The candidates must be Nepali citizenship holders.
* The candidate for the post should be above 45 years.
* He/she should have minimum 20 years experience in the related public post.
* He/ she should have at least bachelor degree in the related field from the recognized university but for CIAA he /she should be Post Graduated in the particular subject.
* The candidate should be with high moral character.
* He/she shouldn't have beard any criminal offence.
* The candidate must not be the member of any political party. etc.

# The functions of constitutional organs

Commission for the Investigation of Abuse of Authority (CIAA)
* CIAA inquires and investigate the abuse of the authority or power or corruption committed by the public poster holders.
* It alerts and warns the officials holding public posts in abusing of the power and authority.
* It forwards a recommendation for departmental sanction in accordance with the existing law.
*It files the cases in the court against the officials who misused the authority.
* It submits the annual report to the president.

# Auditor General: k

The functions of Auditor General are;
* It audits all the accounts of the government offices and the institutions/organizations where the government holds more than 50% share.
* It provides consultation services and permission to appoint the auditor general to audit accounts of government offices.

# Public Service Commission

* Public Service Commission manages the examinations to select the eligible candidates to be appointed in the civil service.
* It conducts the written examination to recruit the able Nepalese in Nepal Army, Nepal Police, Armed Police Force and in Federal Government Services and even in government controlled corporate sectors.
* It submits the annual report the president.  etc.

# Election Commission

The functions of Election Commission are;
* The election commission conducts and supervise the federal, provincial and local level election to elect the legible representatives.
* It prepares the electoral roll and publishes it,
It provides the voters identity card for free and fair elections.
* It publishes the election code of conduct and supervises it.
* It launches the voter's education for proper voting.

# National Human Right Commission:

The functions of National Human Right Commission are;
* The Human Right Commission launches the awareness programs to highlight the importance of human right.
* It respects, protects and promotes the human right.
* It enquirers the violation of human rights and makes the recommendation for punishment to the one who violates it and compensation to the victims.

# What can be the role of Constitutional bodies in democracy? 

All the constitutional bodies should function as per the existing law in the nation for good governance and rule of law. The role of constitutional bodies can listed in the following points.

a. CIAA is such constitutional body whose prime job is to investigate the abuse authority of the public post holders. If any one is found to be guilty, he/ she must be recommended for departmental sanction or punishment.

b. Auditor General has to go the account of the government offices like parliament, constitutional bodies and others. It should audit accounts of expenditure of all of them. If any misdeeds are found, they should be suggested for the correction.

c.The prime work of  Public Service Commission is to recruit the legible candidates for the posts of public service. For it, the public service has to recruit the best candidates for smooth and efficient administration.

d. Election Commission has to conducted the election in free and fair manner to elect the capable representatives in country to sustain the democracy utilizing all the means and resources available.

e. National Human Right Commission must observe and investigate the violence of human rights. It should advocate for compensation to the victims and recommended for punishment to the guilty. It also should launch the awareness campaign through out the country.

f.The next such organ is National Natural Resource and  Fiscal Commission. It has to make the programs and policies for the protection and preservation with mobilization of available natural resources in the country.

g. The other commission created in part: 27 are to uplift the conditions of the marginalized people. And it work for the well fairness of these groups in the certain years and bring them into the main stream of politics.
If the state is able to all sorts of these works the democracy would move towards the path of institutionalizing democracy in the country.        

# Evaluate the functions of constitutional organs of Nepal?

 We know that the bodies or authorities created in the constitution to assist the major organs of the state i.e. legislature, executive and judiciary along with their functions and formation are constitutional bodies. They should assist the these organs in the act of peoper functioning of the state. 

The functions of constitutional bodies can be evaluate in the following points.

a. The functions of CIAA is found to be ineffective. It is not being able to investigate and function properly as expected. The corruption is increasing day by day. Nepal listed in the very low condition i.e. in 124 position according to CPI 2018 A.D.l

 b. Auditing of accounts of the government offices like the parliament, the courts, the constitutional bodies is the prime function of Auditor General. It should observe the transparency maintained.It has found that many government offices are not found keeping records of their expenditures.

c. Public Service Commission has to conduct very fair examination and interview to recruit the public servants for a better bureaucratic body for smooth running administration. Though it is one of the very trustworthy, these days, it is also facing many blames of unfair means.

d. The election commission is not able to function properly since its establishment, it has conducted many elections in the country. For example; many elections had faced the invalid votes and lack of voter educations and  so on.

Lesson: 8

Human Right and National and International Agencies

1. What do you mean by human right? When was Universal Human Right Declaration made?

All the human beings are born free. All the human beings have equal rights to enjoy the rights to fulfill their basic requirements as human beings as human rights inherent to all.Thus those basic rights which are required to every human being to survive as human beings is called human right.

The Universal Human Right Declaration was made on 10th December 1948 by the General Assembly of U. N.O. There are 30 articles in the Universal Human Right Declaration.

Lesson : 9
The rights of women and indigenous people
1. How do you define women empowerment?
The action of rising the status of women through education,literacy, income generating training, opportunity in the different government services is termed as women empowerment. It is all about equipping and allowing to make their life determining decisions through the different problems in the society.
2. What are different steps adopted by the state to empower  the women of Nepal?
Until and unless the state takes the policies of empowering the women, the state can't progress in desired manner. Thus every state has to take the policy of empowering the women for the over all development of a nation. The different policies adopted by Nepal to empower the women are;
a. There is constitutional provision of  Free Girls Education to provide education to the girls of                school-going age along with uniform and books and stationary facilities.
b. The constitution of Nepal has made the provision of equal rights in the parental properties.
c. The certificate of citizenship can be acquired in the name of mother if the identification of father is      not traced.
d. There is the provision of 33% reservation in the government services and it should be applied strictly
e. The constitution of Nepal 2072 has created the National Women Commission to uplift the condition of women of Nepal.
f. There is the provision of reproductive right and safe motherhood. 

g. Equal rights of couple in women without gender discrimination.
Until and unless the family members, the society and the state help in the act of women empowerment, the condition of women remains . Thus it is the same. It is the moral duty of every one to support in the act of women empowerment for the over all development of the women.
3. What kinds of constitutional commitment has the constitution of Nepal 2072 made? Elaborate them.
The constitution of Nepal 2072 was commenced of 3rd Ashoj, 2072 by the Constituent Assembly 2nd. It was the tireless effort of the political parties and the people of Nepal for seventy years.
The constitutional commitment made by the constitution of Nepal are;
a. Either the president or the vice president of Nepal has been conformed as the head of the state.
b. Either the chairperson ( Speaker) or Vice Chair person (Deputy Speaker) of the House of Representatives and the Chairperson or Vice Chairperson of the National Assembly is to be elected.
c. Either the Chairperson or the Vice Chairperson of Rural Municipality and Mayor and Deputy Mayor of Municipality along with their  Ward Chairperson and Vice Chairperson including one female member compulsorily to be elected.
d. There is the provision of 33% of presentation of women the House of Representatives and minimum 22 women have been guaranteed in the National Assembly as well.
4. Comparatively the condition of the women in the context of Nepal is below than the men. Until their status is uplifted the state can't move ahead. What kinds of programs and policies would you bring, if you were appointed as the minister of Women and Social Welfare? Answer in four points.
We know well that the condition of women empowerment in Nepal is in very poor condition. It is moral duty and responsibility of every man, family member and the state in the act of empowering the women for the over all development of a nation. If I were appointed as the minister of Women and Social Welfare, I would make the following provision to empower them.
a. First of all I would launch an awareness campaign on women education and their active participation in the out side works.
b.It is very difficult to change the status of women until their economic status is uplifted. Thus I would try to bring the employment generating programs for women in annual programs and policies of the status.
c. Education is the main source of all kinds of success in the individual, society and the state. My programs will pay high attention in the education to bring them in the main stream of the affairs of the state.
d. The government has to inspect the activities of all the NGOs and INGOs activities working in the field of women empowerment. They should be guided if they take  the wrong path. Thus there will be a committee to inspect the every acts of these organizations in the country.  

5. What do you mean by indigenous nationalities? What are the rights to be acquired by indigenous nationalities?

A tribe or a community having its own mother tongue and traditional rites and customs,distinct cultural identity, distinct social structure and written and unwritten history is said indigenous nationality. About 59 castes are enlisted as indigenous groups in Nepal. The state has adopted various strategies to bring them in the main stream of politics and state affairs.

The rights to be acquired by the indigenous nationalities are;

* Right to get free and compulsory basic education.

* Right to preserve and promote their languages, script and civilization

* Right to get basic education in their own mother tongue.

* Right to get special privilege for higher studies. 

* Right to get education in child friendly environment in the schools.

6. What kinds of efforts are made by the state to bring the indigenous groups in the state affairs?

The efforts made by the state (Nepal) to uplift the conditions of the indigenous nationalities are;

* There is National Indigenous Commission.

* The provision of acquiring education in mother tongue.

* The provision of acquiring higher education in scholarship.

* The curriculum, text books, teaching materials and teachers are to be provided in own mother tongue.

* The provision of reservation in the government services and higher studies. etc.

. 

                                    Unit : 5.6
                               Political Parties

1. What do you mean by political party? What are the terms and conditions to be fulfilled to open a political party according to constitution of Nepal?

A political party is a systematically well  organized group of people with the same political principles,ideologies or philosophy along with the activities. It always competes in the election and aims at forming the government and govern the nation. eg. Communist Party of Nepal, Nepali Congress, Rastriya Prajatantra Party, Rastriya Janata Party etc.

As it is one of the fundamental rights under the right to freedom to open a political party, they are as follow;

a. The By-Law and the rules and regulation of the party must be under the norms and values of democracy.

b. There should be the democratic provision of election to form the executive body of the party from federal level to local levels in every five years.

c. There should be democratic and inclusive participation of Dalit, Women, Madhesi, Aadibasi-Janajati and underprivileged groups or minority in the executive body.

d.There should be provision to keep the party members and the activists in proper discipline. 

3. What kinds of provision has the constitution of Nepal made for a political party to be registered in the Election Commission to take part in the election?
Election is a democratic process of a nation to form a government. The democratic nations conducts periodic election on scheduled time and the political parties of that particular nations should be registered in the election before they go in the competition to carry the mandate of the people. 

According to constitution of Nepal 2072. the political party, who wants to take part in the election should go ahead with the following tasks:

a. The political party should apply for registration long with application, By-Law and  manifesto.

b. There should  be name of the party along with address of head office in the application applied for registration. 

c. The names and address of the members of each committee of central office should be mentioned in the application.

d. There should be a clear source of income of the party in the application. etc.

Long Answer Questions

1. What do you mean by competitive multiparty democracy? What are the roles of political party, people and government in the democracy?

Competitive multi party democracy is a kind of political system, which a number of political parties of a country compete in the general election and try to take the mandate of the people to reach in the parliament and form the government. It is a democratic system where people can enjoy their voting rights without any hindrance. Competitive Multiparty Democracy introduced in Nepal in 2007 B.S. after demise of Ranarchy. It one of the very popular political system in the world. Nepal, India, Pakistan and many countries are following it.

The roles of political party

As political parties are the organizations of people, they have crucial roles in the competitive multiparty democracy. They are as follow;

a. The political parties should take part in the elections and form the government to rule the nation according to will and aspiration of the people to respect the mandate of the people.

b. The political parties who get the mandates of the opposition in the parliament should work as the very responsible opposition in the House of Representative.

c. The voice of people can't reach to the government so the political parties should work as the bridge between the people and the government.

d. The political parties should always be alert in the protection of national integrity and racial harmony to assist the government in maintaining good governance and rule of law in the nation.

e. The political parties have to to launch awareness programs to remove the religious and social orthodox from the society. etc.

The roles of people 

People are one of  the components of a state. Without presence of people, we can't imagine the state. They play a vital role in the democracy, the roles of people in the democracy are,

a. The people should take part in the election and they should enjoy their voting rights.

b.They should elect the eligible and capable candidates who could work respecting the mandates of the voters.

c. They should alert the political political parties to be responsible towards the people and the nation.

d. The people themselves should be aware about the political parties and the political system along with the political activities of the nation.

The roles of government   

The government is the main executive body of the a nation. its prime duty is to govern the nation according to the spirit of the constitution and will and aspiration of the people. The roles of government in the multiparty democracy are;

a. The govern the nation on the basis of the mandate of people. It should respect the will and aspiration of the people too.

b. It is the moral duty of the government to listen to the opposition on constructive works and suggestions in the parliament.w

2. What kinds of roles did the political parties play in the establishment of democracy in Nepal?

The present Nepal, The Federal Republic Democratic Nepal is the contributions of political parties.

The contribution of political parties in the establishment of democracy;

Before 2007B.S. Nepal was under Rana rule.It was an autocratic family ruling system. The people were in frustration. Nepal Prajaparisad was formed in 1994 B.S. later on Nelpali Congress was formed in 2004 B.S. The Bargenia Conference, National Conference of Nepali Congress was held in 2007 B.S. It decided to launch movement against Rana Rule. It went on the leadership of B.P. Koirala and Subarna Shumsher. The movement resulted Delhi Agreement in 2007, 1st Falgun and it officially ended Rana rule by the proclamation of king Tribhuwan on 7th Falgun,2007. It introduced democracy for the first time in the country.

Democracy introduced  in 2007 B.S. was encroached in 2017 B.S. by kng Mahendra. He introduced the party less autocratic monarchism. The fundamental rights of the people once again seized. The political parties went in the underground condition and they started the movement fostering the student movement of 2035 B.S.. The student movement  resulted the announcement of referendum on  10th Jestha, 2036 B.S. This referendum was also the contribution of political parties .But once again the ill fortune favored the Nepalese people.The so called Panchyat ruling system won the battle of referendum of 20th Baisakh,2037.

After the the poll and result of the referendum in 2037 B.S.the political parties went against the rule of Panchyati rulers. They faced different obstacles like Piskar Hatya Kanda  of 2040 B.S, Bomb blasting in major cities in 2043 B.S. and so on. Finally the National Conference of Nepali Congress at Ganesh man's house  on 5th to 7th Magh, 2046 B.S. lead towards the peaceful movement from 7th Falgun to till  Chaitra26th in the same year.It finally ended the Panchayat ruling system in Nepal after 30 years. It reintroduced the democracy in the country. Tnew  government was formed in the premiership of K. P. Bhattarai. This government commenced the new constitution in 2047 .B S. and parliamentary election was held in 2048 B.S.

Now Nepal transformed into Constitutional monarchy from absolute monarchy after the commencement of the constitution on 23 rd Kartik,2047. With different political conflict, Royal massacre and Maoist insurgency it continued up to 2061 B.S. In the same year, the new king Gyanendra  seized the state power and introduced the direct rule following the way of his father king Mahendra. Now the political parties of Nepal got united  and formed SPA (the Seven Party Alliance) to go against the act of the king . The SPA made 12 Points Agreement with the then Maoist party and the movement was launched against the rule of the then king Gyanendra. This movement revived the dissolved parliament on 19th Magh by king Gyanendra removing the government of Sher Bahadur Deuba.

This movement brought a big change in Nepal. The historical announcement was made.

Nepal became a Secular and Federal Democratic Republic state. 

Now the elections for three levels have also completed and there is federal government of 2/3 majority.

Thus finally, we can say that there is a great contribution of political parties in the establishment democracy.

Lesson : 5.6
Election Process
1. Define election. What are the types of elections?
Election is a democratic process in which the citizen of a country enjoy their voting right in order to elect the representatives through adult franchise. Election is considered as the back bone of the democratic process of a democratic nation in the world. The first election for parliament was held on 7th, 2015 B. S.
The different types of elections practiced in the world are:
a, General Election
b. Local Level Election
c. The Mid - Poll
d. By- Election
e. Referendum
a. The election which is conducted to elect the peoples' representatives for federal parliament (legislature). This types of election takes place through out the country and it generally holds every after five years.
b. Local Level Election is the election of local levels like rural municipality, municipality and metropolitan city which elects the representatives at the local levels.
2. What do you mean by election process?
A set of activities which are carried out to complete an election to elect the representatives is termed as election process. The several activities are carried out to complete an election with different phases. These phases of the election are pre- election phase, during the election phase and post election phase.
3. What are the different activities carried out in the different phases of the election? 
The various activities carried out in the different phases of the election are as follow;
Before the election phase

• Determination of election constituencies.
• Formulation of election law and directions.
• Formation of election calendar.
• Collection of up-date of the electoral roll.
• Conduction of voters education.
• Determination of polling stations
• Appointment  of election and polling station officers. etc.                                                          During the election phase.
• Management of the polling stations.
• Mobilization and management of the security.
• Conduction and completion  of the election on scheduled time.
• Taking the things of election in the center with proper security.
• Supervision of election code of conduct.
• After the election phase
• Counting of the votes.
• Declaring the result of the election.
• Declaration of date for re election if any conflict occur in the particular election constituency.Providing the feedback.  All these activities come under the election process.

Long Answer Questions

1.. There is a tendency of making over expenses in the elections. It brings more negative effects. Now write a letter to the chief commissioner of election commission which are to be brought by this act and suggest the ways to over come them in four and three points respectively.

To,

The Chief Election Commissioner

The Election Commission 

Kathmandu, Nepal.

15th Magh, 2073

Respected Sir, 

We know that the government of Nepal has declared the date of election for federal parliament on 31st Baisakh, 2074. We have known that there was over expenses in the election to win the election. It brought so many negative effects in the country. these types of negatives effects may affect the entire nation, such as;

• It is the act of violating the election code of conduct.
• Only who are financially strong, they get chance to be the candidates.
• The rich candidates may influence the voters with help of money not by the principles and the deeds.
• There is a high chance of increasing in the corruption to fulfill the expenses made during the election.
• The parliament may go in the hands of rich people than eligible representatives. etc.

We also know that every problem come with the solution. This problem of over expenses can be minimized. Such as; 

• The election commission should make strict rules and regulations.
• The election commission must implement the drafted rules and regulation and make regular observation.
• There should be awareness programs to the people regarding the election.
• If any candidate makes more expenses than the given limitation, the candidacy of that candidate must get seized.
• The civil society, the political party and election commission should work together. etc.

These points reflect the condition and the solutions given may help to minimize the issue of over expenses. I believe that the problems along with solutions would be heard by the concerned authority.

Sincerely Yours

ABC
2. What are the importance of election code of conduct ? what are activities to be followed to follow the election code of conduct by the Election Commission?
The election code of conduct is the document of the rules and regulation to be followed by the concern authority to accomplish entire elections activities in a peaceful manner by the National Election Commission. This code of conduct is prepared for free and fair elections that take place in a country.
The importance of election code of conduct;
a. The election code of conduct is a guide line to accomplish the election in the peaceful manner,
b. The election code of conduct helps to control the illegal and immoral activities of the political parties, their candidates and independent candidates.
c. It helps to develop the good relationship among the political parties, civil society and the general people in the society.
d. It assists in maintaining the good governance and transparency in the political parties.
e. It helps the government to conduct any kinds of election free and fair environment.
I think that the National Election Commission can do the following things to implement the election code of conduct;
a.National Election Commission has to launch the awareness programs among the political parties, candidates and other stakeholders regarding the election code of conduct.
b. There should be inspection officers to inspect the violation of election code of conduct.
c. The commission has to form a committee consisting the members from general public, civil society, political parties and the government to conduct the election in free and fair manner.
d. The election observation desk has to be formed in every election constituency to hear the complaints of the general people regarding the violation of the election code of conduct.
Thus we believe that there is great importance of election code of conduct for fair election and it is possible in the collective effort of the elements of a nation.

  # The Qualification required to be the member of Provincial Assembly

* He/she should the citizen of Nepal,

* He/she needs to be the voter of the concerned province,

* He/she needs to be above 25 years,

* He/she should not have been convicted of criminal offense involve in moral turpitude,

* He/she should not be disqualified by the law of the land,

* He/she should not be holding the government posts.

# The required qualification to be the member of Municipality and Rural Municipality:

* He/she should be the citizen of Nepal,

* He/she should be above 21 years of the age,

* His/her name needs to be registered in the Electoral Roll of his/her local level,

* He/she should not be disqualified by the law.

Lesson:9

Human Right

1. What do you mean by Human Right?

 The rights which are inherent by human beings as human being is termed as Human Right. Each human has to get the opportunity enjoy all the rights as a human and it is his fundamental right. After the end of world war second the world realized the need of the Human Right. Elenear Roosebelt is the figure who took an initiation in promotion of Human Rights. In her tiredless effort, the International Human Right Declaration was commenced on 10th December, 1948.

2. Name the differnt national and international organizations working in Nepal in the field of Human Right?

a. National Human Right Commission

 National Human Right Commission in the national comission under the constitutional organs.

b.It was established in 2057 B S.

c. It consist of a chief commissioner along with four commissioners. The chief commissioner is appointed by the president in the recommendation of constitutional council for the tenure of six years.

d. It protects, preserves and promotes human rights in the country.

 e. It investigstes the violation of human rights and suggests for the punishment to the guilty and compansation to the victims.

f. The main motto of this organization is "Dignity, Equality and Justice for all" .

b. Informal Sector Service Center (INSEC)

a.  INSEC is an active national organization working in the field of Human Right.

 b. It has been serving in the field of Human Right since 1988 AD.

c. It was formed with the motto of protecting and preserving the rights of the people involved in the sectors.

d. It is also working in the field of proection of undamental rights of the people. 

e. It has been publishimg the Human Right Year Book every year. etc.