Answer:
(1) The main structure of the Federal Democratic Republic of
Nepal shall be of three levels, namely the Federation, the State and the Local level.
(2) The Federation, State and Local levels shall exercise the power of
State of Nepal pursuant to this Constitution and law.
(3) There shall be States consisting of the Districts as mentioned in
Schedule-4 existing in Nepal at the time of commencement of this Constitution.
(4) There shall be Village Institutions, Municipalities and District
Assemblies under the Local level. The number of Wards in a Village Institution
and Municipality shall be as provided for in the Federal law.
(5) Any Special, Protected or Autonomous Region can be set by the
Federal law for social, cultural protection or economic development
(6) The Federation, State and Local levels shall protect Nepal’s freedom,
sovereignty, territorial integrity, independence, national interest, overall
development, multi-party, competitive, democratic, republican, federal system of
governance, human rights and fundamental rights, rule of law, separation of
powers and check and balance, egalitarian society based on pluralism and equality,
inclusive representation and identity.
57. Distribution of State power:
(1) The powers of the Federation shall be vested in
the matters enumerated in Schedule-5, and such powers shall be exercised
pursuant to this Constitution and the Federal law.
(2) The powers of a State shall be vested in the matters enumerated in
Schedule-6, and such powers shall be exercised pursuant to this Constitution and
the State law.
(3) The concurrent powers of the Federation and the State shall be
vested in the matters enumerated in Schedule-7, and such powers shall be
exercised pursuant to this Constitution, the Federal law and the State law.
(4) The powers of the Local level shall be vested in the matters
enumerated in Schedule-8, and such powers shall be exercised pursuant to this
Constitution and the law made by the Village Assembly or Municipal Assembly.
(5) The concurrent powers of the Federation, State and Local levels
shall be vested in the matters enumerated in Schedule-9, and such powers shall be
exercised pursuant to this Constitution, the Federal law, the State law and the law
made by the Village Assembly or Municipal Assembly.
(6) Any law to be made by the State Assembly, Village Assembly or
Municipal Assembly pursuant to clause (3) or (5) shall be so made as not to be
inconsistent with the Federal law, and any law made by the State Assembly,
Village Assembly or Municipal Assembly which is inconsistent with the Federal
law shall be invalid to the extent of such inconsistency.
(7) Any law to be made by the Village Assembly or Municipal
Assembly pursuant to clause (5) shall be so made as not to be inconsistent with the
State law, and any law made by the Village Assembly or Municipal Assembly
which is inconsistent with the State law shall be invalid to the extent of such
inconsistency.
58. Residual powers: The Federation shall have power on any matter not enumerated
in the Federal List, State List, List of Local level or Concurrent List or on any
matter which is not so specified in this Constitution as to be exercised by any
level.
