Karnali Chief Minister Urges Prime Minister to Respect Provincial Autonomy

Surkhet. Karnali Chief Minister Yamlal Kandel has urged Prime Minister Balendra Shah (Balen) not to interfere with the rights of the provincial government.

Kandel made these remarks during a discussion between the Prime Minister and Chief Ministers on Thursday.

'Our constitution is based on a competitive multi-party democratic system and a federal democratic republican governance system,' he stated. 'According to the federal system in the constitution, we are in the process of practicing three levels of government. The constitution clearly states that the relationship between the federal, provincial, and local levels shall be based on the principles of cooperation, co-existence, and coordination. There should be no interference or ambiguity in rights.' Kandel reiterated that the constitution clearly defines the shared and exclusive rights of all three levels of government.

Kandel has been vocal about the federal government's recent interference in provincial affairs.

He reminded the Prime Minister that the constitution and federal laws clearly allow provincial and local governments to enact and implement laws within their exclusive jurisdiction, provided they do not conflict with federal laws. 'The main intent of our constitution and federal law is that the federal government cannot encroach upon the exclusive rights of the province or local level when making laws or policies,' Kandel explained.

However, Kandel noted that recent circulars from the federal government treat provincial and local governments as mere units of the federal government, rather than adhering to the principles of cooperation, co-existence, and coordination. He stated that such actions have increased misunderstandings between the three levels.

'Some of these circulars have hindered the implementation of exclusive provincial and local laws and created complexities in executing provincial development projects,' Kandel said. He argued that despite Section 11 of the Civil Service Adjustment Act, which states that provincial Chief Secretaries and Secretaries are appointed by the federal civil service but are fully accountable to the provincial government, federal correspondence with provincial Chief Secretaries is complicating the implementation of provincial laws, budgets, and policies.

'I raised the issue that directives or correspondence sent by the federal government to provincial Chief Secretaries regarding their ministries or equivalent bodies are creating a situation where the budget passed by the provincial legislature cannot be implemented,' Kandel said. 'The practice of the federal government sending directives through the Chief Secretary regarding coordination and instructions that should be handled according to the constitution must end.'

Kandel also mentioned that the federal government has yet to enact laws regarding subjects on the concurrent list of the constitution.

'When laws are not made at the center, the provincial government cannot implement the laws it has created itself,' he told the Prime Minister. 'Involving the provincial government in the drafting of concurrent laws increases ownership and accountability. The federal government should take the initiative to draft these laws within the current fiscal year, ensuring coordination and collaboration that reflects provincial ownership.'

Chief Minister Kandel's statement to the Prime Minister:

'Existing land acquisition laws do not provide a role for the provincial government in acquiring private land for development projects, leading to stalled projects. There are also issues in acquiring government land for provincial infrastructure projects. Since the provincial government bears the compensation and other costs, I proposed amending the law to allow the Chief District Officer to process land acquisition for provincial projects just as they do for federal government projects, removing the requirement to request the Government of Nepal.'

'Similarly, repeated amendments to the Public Procurement Regulations, including provisions for multiple deadline extensions, have made it difficult to complete provincial projects on time. As these regulations are not province-friendly, our development projects are becoming stagnant. It is necessary to amend the Public Procurement Act to allow the provincial government to set its own rules for provincial projects.'

'Obtaining forest land usage rights from the federal government for road construction in forest areas is extremely difficult and time-consuming, causing delays. I proposed simplifying this process and delegating the authority to grant forest land usage rights for provincial projects to the provincial Council of Ministers. I also suggested that provincial projects should receive the same facilities as federal projects regarding payments to the Forest Development Fund.'

'Furthermore, the Government of Nepal should revise the formula for fiscal equalization grants and revenue sharing to increase the weightage of geography. This is essential for a large, rugged region like Karnali. I also requested that fiscal equalization grants should not be cut mid-fiscal year, as it causes payment issues for projects.'

'The Government of Nepal should issue national standards and policies only in accordance with the constitution and federal law. Such policies should not interfere with provincial exclusive rights. The recently issued Organization and Management Survey National Standard 2082 imposes a significant financial burden on provinces and local levels. Some provisions issued before the Federal Civil Service Act are contradictory. Treating sixth, seventh, and eighth-level officers as a single quota creates legal conflicts and financial liabilities for provincial and local governments.'

'Regarding the appointment of Chief Administrative Officers at the local level, which is currently handled directly by the Ministry of Federal Affairs and General Administration, I proposed that the Ministry should send a pool of officers to the respective province, and the Office of the Chief Minister and Council of Ministers should then assign them to vacant local levels to ensure better coordination and implementation.'

'The constitution states that the center can issue directives to the provincial Council of Ministers on matters of national importance or coordination between provinces. However, this constitutional provision is meant for coordination between provinces, not for the federal government to directly curb the exclusive rights of the province.'

'While the federal government can adjust the four types of grants—fiscal equalization, conditional, special, and matching—based on revenue and resource availability, provincial governments are autonomous in implementing laws made under their exclusive jurisdiction. There should be no federal interference in this. I expressed my expectation that the current government will respect this.'

'We want to compete on austerity and good governance'

'I have offered my support regarding good governance and austerity. We want to compete with the federal government in terms of cost-cutting and austerity. Regarding good governance, some practices that the federal government has failed to implement are worth following from the province. Laws related to project selection, project banks, and not using consumer committees for construction are practices already implemented in Karnali. We have already established a policy not to implement projects under Rs 5 million in road and building infrastructure at the provincial level. I have suggested that the federal government should follow these good practices of the province.'

'There is widespread public dissatisfaction with public service delivery. The provincial government is powerless regarding peace, security, and administrative services. We are in a position where we can do nothing but request. I have raised this issue as well.'

Demands ranging from reconstruction of earthquake-damaged areas to transfer of police structures

Kandel stated that he also placed several demands before the central government. He told Prime Minister Shah that reconstruction work following the earthquake centered in Ramidanda, Jajarkot, on 080 Kartik 17, remains stalled. He urged the Prime Minister to ensure that reconstruction begins within the current fiscal year to end the plight of earthquake-affected citizens who are forced to live under tarpaulins even during this year's rainy season.

According to him, the provincial government initiated work on 126 schools and health facilities in the last and current fiscal year, with over 60 percent already completed. By the end of this year, the reconstruction of more than 100 schools and health facilities will be completed.

Kandel also mentioned that he raised the issue that federal government provincial offices that should be located in Karnali are still based in other provinces.

Demands placed by Chief Minister Kandel to the central government for infrastructure development in Karnali:

1) Upgrading the Karnali Corridor (Surkhet-Hilsa) road.
2) Opening additional tracks and upgrading the Bheri Corridor.
3) Expansion of the Kohalpur-Surkhet road.
4) Expansion of Surkhet Airport and regular air services from there to Karnali.
5) Establishment of a quarantine facility at Hilsa, Humla, on the northern border and regular security arrangements at the northern border. Provision of resources and infrastructure for security personnel in remote areas.
6) Implementation of efforts made for the establishment of a medical college in Surkhet.
7) Production of gas/petroleum products in Jaljale, Dailekh.
8) Establishment of a state-of-the-art herbal processing center in Karnali.
9) Initiative for the construction of hydropower projects in Upper Karnali and others where feasibility studies have been completed. The Government of Nepal itself should take the lead in constructing some hydropower projects.
10) Upgrading the Nagma-Gamgadhi-Rara road, which has tourism potential.
11) Relocation of the Karnali Province Police Training Center from Nepalgunj to Surkhet.