Who Is Responsible When Something Goes Wrong? Understanding Nepal’s Federal, Provincial and Local Governments

Your neighborhood road has had potholes for months. The garbage truck has stopped coming regularly. Your child’s school is struggling with a shortage of teachers. Your passport renewal has been delayed for weeks.

What do most people say?

“The government is not doing its job.”

But in Nepal, the answer is not always that simple.

Nepal does not have just one government responsible for every problem. After the Constitution of Nepal 2072 (2015) introduced the federal system, government power was divided among three different levels:

• Federal Government

• Provincial Governments

• Local Governments

Each level has its own responsibilities and authority, clearly divided by the Constitution.

So before asking:

“Why isn’t the government fixing this?”

the more important question is:

“Which government is actually responsible for solving it?”

Why Did Nepal Create Three Levels of Government?

Before federalism, most major decisions were controlled by the central government in Kathmandu.

This meant that a problem in a remote district could require decisions from the center. A local road issue, a health service problem, or a development project often depended on approval from the national government.

Federalism was introduced to change this system.

The idea was simple:

Bring government closer to the people.

Instead of one government handling every issue from Kathmandu, power was divided among provinces and local governments so they could make decisions based on the needs of their own communities.

Today, Nepal has:

• 1 Federal Government

• 7 Provincial Governments

• 753 Local Governments

So, Who Handles What?

The Constitution of Nepal 2072 divides government powers through different schedules.

 Federal Government  Matters Affecting the Entire Country

The responsibilities of the Federal Government are listed in Schedule 5 of the Constitution.

The Federal Government handles issues that require a national approach, including:

• National defense and security

• Foreign affairs and international relations

• Citizenship, passports and immigration

• Central banking and monetary policy

• National highways

• Federal laws

• Large national-level projects

Real-life example:

“My passport renewal has been delayed for weeks. Who should I question?”

 This is a Federal Government responsibility.

A mayor or provincial minister cannot directly solve passport delays because passport services are handled through federal institutions.

 Provincial Government  Matters Affecting an Entire Province

Provincial responsibilities are listed in Schedule 6.

Provincial governments mainly handle issues that affect people across the province, including:

• Provincial police administration

• Provincial highways

• Provincial health services

• Agriculture and livestock development

• Provincial universities

• Provincial administration

Real-life example:

“A road connecting different districts within my province is damaged. Who is responsible?”

 This may fall under the Provincial Government.

Not every road problem belongs to the local mayor. The responsible authority depends on what type of road it is.

 Local Government The Government Closest to Citizens

Local government responsibilities are listed in Schedule 8.

These are the services people experience in everyday life, including:

• Local roads

• Basic and secondary education

• Basic health services

• Sanitation and waste management

• Local markets

• Local taxes and fees

• Local development projects

• Local records and services

Real-life example:

“Garbage has not been collected from my neighborhood for days. Who should I question?”

 Your Municipality or Rural Municipality.

Waste management is a local service, so the first authority to approach is your local government, not the Prime Minister’s Office.

But Here Is Where Things Get Complicated: Shared Responsibilities

Many people assume every issue belongs to only one government.

But Nepal’s Constitution does not work that way.

Some areas are shared among different levels of government.

The Constitution creates:

Schedule 7

Shared responsibilities between:

• Federal Government

• Provincial Government

Schedule 9

Shared responsibilities between:

• Federal Government

• Provincial Government

• Local Government

Areas such as:

• Education

• Health

• Agriculture

• Water supply

• Irrigation

• Environment

• Disaster management

can involve multiple levels of government.

This means one government may lead, while others support, coordinate, or create policies.

Real Problems Citizens Face: Who Should You Question?

 “The Road Outside My House Is Broken. Who Fixes It?”

First ask:

What type of road is it?

• Local street or municipal road → Local Government

• Provincial highway → Provincial Government

• National highway → Federal Government

A road being near your home does not always mean the municipality controls it.

 “My Child’s Government School Has Problems. Who Is Responsible?”

Basic and secondary education is mainly connected with Local Government responsibilities.

However, education is also a shared responsibility.

So:

• Local government manages many everyday school issues

• Provincial and federal governments may handle broader policies, standards and coordination

“The Hospital Near Me Is Not Providing Proper Service.”

The first question should be:

Who operates this hospital?

• Local health post → Local Government

• Provincial hospital → Provincial Government

• Federal hospital → Federal Government

The responsible government depends on who manages that facility.

 “A Flood Destroyed Homes in My Area. Who Should Help?”

Disaster management is a shared responsibility.

Local governments may provide immediate support, while provincial and federal governments can provide larger resources, coordination and emergency assistance.

In major disasters, all three levels may need to work together.

 “My Tax or Government Fees Increased. Who Is Responsible?”

Do not immediately blame one leader.

Federal, provincial and local governments all have different powers to collect certain taxes and fees.

The answer depends on:

Which tax increased?

and

Which government introduced it?

When Governments Disagree, Who Decides?

Even though the Constitution divides responsibilities, the boundaries are not always perfectly clear.

Sometimes the Federal Government and Provincial Governments may disagree over who has authority over a particular issue.

When that happens, the dispute can reach the Supreme Court of Nepal, which has the authority to interpret the Constitution.

One important example is the:

Sagarnath Forest Development Project Case 

The case involved a dispute between the Federal Government and the then Province 2 Government (now Madhesh Province) over control of the Sagarnath Forest Development Project.

The project covers forest areas across:

• Sarlahi

• Mahottari

• Rautahat

After federalism was introduced, Madhesh Province argued that forest management within the province fell under provincial authority according to the Constitution.

However, the Federal Government argued that Sagarnath was a national-level project created before federalism and therefore remained under federal management.

The disagreement eventually reached the Supreme Court.

The main question was:

After federalism, who has the authority over resources like forests — the Federal Government or the Province?

The Supreme Court explained that Nepal follows the principle of cooperative federalism.

This means different levels of government should not compete against each other. Instead:

• The Federal Government can create national policies and standards.

• Provinces have important responsibilities in managing resources within their areas.

• Local governments and communities also play a role in implementation and conservation.

The lesson from the case:

Federalism does not mean the Federal Government controls everything.

But it also does not mean provinces have unlimited power.

Each level of government has constitutional authority, and those boundaries must be respected.

Sagarnath Forest Development Project Case
Writ Nos.: 076-WC-0001 & 076-WC-0010
Supreme Court of Nepal, Constitutional Bench
Decision Date: 2082/11/12 B.S.

The Bottom Line

The Prime Minister is not responsible for every pothole.

The Chief Minister is not responsible for every government delay.

The Mayor is not responsible for every public service problem.

A federal system works only when citizens know:

Who has the legal power to solve the problem?

So the next time something goes wrong, do not just ask:

“Why is the government not doing anything?”

Ask:

“Which government is actually responsible?”

Sources

• Constitution of Nepal, 2072 (Schedules 5, 6, 7, 8 and 9)

• Sagarnath Forest Development Project Case (076-WC-0001 & 076-WC-0010), Supreme Court of Nepal, Constitutional Bench, decided on 2082/11/12 B.S.