The arranged institutions made in the constitution of a country in order to carry out additional functions are called constitutional organs. Legislature, executive and judiciary only cannot handle every sector required for the well-being of the nation. So, some of the bodies are included in the constitution to carry out daily administration:
Commission for the Investigation of Abuse of Authority:
Provision in the Interim Constitution:There is the provision of CIAA in part 11(Article 119-121) of the Interim Constitution of 2063.
Formation and Appointment:There is a chief commissioner and other commissioners who are appointed by the President under the recommendation of Constitutional Council.Tenure:The minimum age required is 45 years. Their tenure is 6 years and the retirement age if 65 years.
Qualification
i. Should be a graduate from a recognized university.
ii. Should not be affiliated to any party during the time of appointment.
iii. At least 20 years experience in the field of accounting, revenue, engineering, law, etc.
Functionsi. To prevent the abuse of authority and check corruption in the country.
ii. To conduct inquiries and investigations of improper conduct or misuse of authority by a person holding any office except the Nepal Army.
iii. To submit annual report of its work to the President.
Attorney General
Provision in the Interim Constitution:There is the provision of Attorney General Part 16 (Article 134-137) of the Interim Constitution.
Formation and Appointment:Attorney General is appointed by the President on the recommendation of Prime Minister and holds the office during the pleasure of Prime Minister.
Tenure:The minimum age required is 45 years and their tenure is as per the wish of Prime Minister.
Qualifications
i. Should have worked at least 7 years as a judge of Appellate Court or 12 years experience as the first class gazetted officer of Government of Nepal.
ii. Should be a graduate in law and must have worked at least 15 years as a senior advocate.
iii. Must have high integrity.
Functions
i. To work as chief legal adviser of the government.
ii. To give advice on legal and constitutional matters to the government
iii. To represent the government in any legal case where the rights, interests, concerns of the government are involved.
iv. To decide whether to or not to initiate proceedings in any case on the behalf of Nepal Government or in any other judicial institutions.
iv. To decide whether to or not to initiate proceedings in any case on the behalf of Nepal Government or in any other judicial institutions.
Auditor General
Provision in the Interim Constitution:There is the provision of Auditor General in Part 12 (Article 122-124) of the Interim Constitution.
Formation and Appointment:The Auditor General is appointed by the President on the recommendation of Constitutional Council.
Tenure:The minimum age required is 45 years. Their tenure is 6 years and the retirement age if 65 years.
Qualifications
i. Should be graduate in management or account from a recognized university or should have passed the examination of Chartered Accountant
ii. Must have worked as a special class officer of Nepal Government or 20 years experience in accounting.
iii. No party affiliation during the appointment time
iv. Must have high integrity.
Functions
i. To audit all the government accounts of government offices like Supreme Court, Parliament, Nepal Army, etc.
ii. To recommend the appointment of auditors for carrying out the audit of any corporate body including corporation where the government has 50% of shares or assets.
Public Service Commission
Provision in the Interim Constitution:There is the provision of Public Service Commission in Part 13 (Article 125-127) of the Interim Constitution.
Formation and Appointment:There is a chairman and other members who are appointed by the President on the recommendation of Constitutional Council. 50% of the members are appointed from among the civil servants who has served for 2 years or more in government service. Rest are appointed from renowned personalities in the field of science, technology, arts, etc.
Tenure:The minimum age required is 45 years and their tenure is 6 years.
Qualifications
i. Should be a post graduate from a recognized university
ii. No party affiliation during the appointment time
iii. Must have high integrity.
Functions
i. To conduct examinations for the selection of suitable candidates to be appointed for civil posts.
ii. To conduct all the procedures like interviews, examinations, etc. every year and recommend them in suitable positions of government service.
iii. To provide annual report to the President.
Election Commission
Provision in the Interim Constitution:There is the provision of Election Commission in Part 14 (Article 128-130) of the Interim Constitution.
Formation and Appointment:There is a chief Election Commissioner and other commissioners who are appointed by the President on the recommendation of Constitutional Council.
Tenure:The minimum age required is 45 years and their tenure is 6 years and the retirement age is 65 years.
Qualifications
i. Should be a post graduate from a recognized university
ii. No party affiliation during the appointment time
iii. Must have high integrity
Functions
i. Too conduct, supervise, direct and control election in local and national level.
ii. To prepare electoral rolls, ballot papers,etc. and to provide necessary human powers and other support required to conduct election successfully.
National Human Rights Commission
Provision in the Interim Constitution:There is the provision of National Human Rights Commission in Part 15 (Article 131-133) of the Interim Constitution.
Formation and Appointment:There is a chairman and other four members who are appointed by the President on the recommendation of Constitutional Council.
Tenure:The minimum age required is 45 years and their tenure is 6 years.
Qualifications
i. Should be a post graduate from a recognized university
ii. No party affiliation during the appointment time
iii. Must have high integrity
Functions
i. To respect, preserve and promote human rights in the country.
ii . To identify the violation of human rights, victims who are affected by the violation and rescue as well as compensate them.
iii. To apply other rights and encourage others to fulfill their duties.
