Roles and Structures of Security Agencies in the Federal Democratic Republic of Nepal
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The restructuring of security agencies in the Federal Democratic Republic of Nepal is a critical agenda in the country's transition to a federal system.
2018 · 35 pages

Abstract
The Constitution of Nepal 2015 enshrines the federal democratic republic as the system of governance, and the government has a responsibility to implement this in real sense. The existing security agencies, including the Nepal Army, the Nepal Police, the Armed Police Force, and the National Investigation Department, need to be restructured in line with the principles and values of the federal democratic republican constitution. The Ministry of Defence (MoD) and the Ministry of Home Affairs (MoHA) have significant roles in ensuring national security and internal security affairs. The MoD is responsible for formulating defence and security policies, while the MoHA looks after the Nepal Police, the Armed Police Force, and the National Investigation Department. The existing mandates of these security agencies are defined in the Constitution of Nepal and various acts, including the Army Act 2006. The Nepal Army's primary role is to protect national unity, territorial integrity, national independence, and people's sovereignty. Article 267(1) of the Constitution of Nepal and Clause 4 of the Army Act 2006 define its mandates, which include safeguarding national unity, territorial integrity, people's sovereignty, and national independence. The NA also contributes to infrastructure development, nature and environment conservation, and wildlife preservation, and has made significant contributions to global peace through the United Nation's peace missions and disaster and natural calamity management. The Nepal Police, the Armed Police Force, and the National Investigation Department are responsible for maintaining law and order, upholding the rule of law, and protecting and promoting human rights. The MoHA coordinates with these agencies to ensure peace and security across the country. The existing mandates of these agencies are as follows: the Nepal Police is responsible for maintaining law and order, the Armed Police Force is responsible for maintaining law and order in areas where the Nepal Police is not present, and the National Investigation Department is responsible for investigating crimes and maintaining law and order. The federal system is fundamentally different from the unitary system, and the roles of security agencies need to be redefined in line with the changed political and constitutional context of Nepal. The government has started the federalization process of the security agencies without due consultation with concerned stakeholders, which might be perilous if the security agencies are federalized without clearly defining their roles and structures in line with the federal constitution and international federal practices. The restructuring of security agencies in the Federal Democratic Republic of Nepal is a complex and multidimensional issue that requires a comprehensive and informed debate among stakeholders. This research paper aims to instigate such a debate on the roles and structures of security agencies in the new federal system, taking into account the principles and values of the federal democratic republican constitution and international federal practices. The government has a responsibility to ensure that the security agencies are restructured in line with the federal constitution and international federal practices, and that their roles and structures are clearly defined to ensure effective, efficient, and competent performance in maintaining peace and security in the society. The restructuring of security agencies is a critical agenda in the country's transition to a federal system, and it requires a comprehensive and informed debate among stakeholders to ensure that the security agencies are restructured in a way that is consistent with the principles and values of the federal democratic republican constitution. The federal system is fundamentally different from the unitary system, and the roles of security agencies need to be redefined in line with the changed political and constitutional context of Nepal. The government has started the federalization process of
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