KATHMANDU: Despite the country’s shift to federalism, provincial governments in Nepal continue to operate under the influence of Singha Durbar.
Whenever there’s a change in the alliance at the center, the provincial governments also face upheaval.
This has led to instability in the province governments, with province chiefs, who have a constitutional role similar to the President in the center, being sworn in from Singha Durbar.
Article 163 (3) of the Constitution stipulates that the term of office for the Province Chief is five years, unless removed by the President.
However, the ongoing reshuffling of provincial chiefs continues with changes in the federal government.
Under the Nepali Congress-UML coalition government led by KP Oli, a decision has been made to dismiss the provincial chiefs of three out of the seven provinces and appoint new ones.
In a cabinet meeting held on Monday, it was decided to remove the incumbent chiefs of Karnali, Lumbini, and Bagmati provinces and recommend new appointments to the President.
President Ram Chandra Poudel will now appoint new provincial chiefs for these three provinces based on the recommendations of the Council of Ministers.
The government has suggested Yagya Raj Joshi for Karnali, Krishna Bahadur Ghartimagar for Lumbini, and Deepak Prasad Devkota for Bagmati.
The major parties in the federal government have been appointing individuals closely aligned with them as province chiefs while replacing those associated with the opposition.
Karnali Province Chief Tilak Pariyar and Lumbini Province Chief Amik Sherchan, who were dismissed in the recent cabinet meeting, had been recommended by the opposition Maoist Center.
Similarly, Yadav Chandra Sharma, who was dismissed from his position as Chief of Bagmati Province, was originally appointed on the recommendation of the opposition party United Socialist Party.
Sitakumari Paudel, the former chief of Gandaki Province, held the position for just 3 months, while Ganga Prasad Yadav served as the head of the Sudurpaschim Province for 6 months.
In his place, the CPN-UML, the leading party in the current coalition government, has appointed Deepak Prasad Devkota of Dhangadhi as the new Province Chief.
The provinces where Tilak Pariyar and Amik Sherchan, both affiliated with the Maoist Center, were removed have now seen appointments made by the ruling Nepali Congress.
The Nepali Congress has appointed Yagyaraj Joshi from Mahendranagar, who is also a central member of the party, to replace Pariyar, and Krishna Bahadur Ghartimagar, former President of the Rolpa Nepali Congress, to replace Sherchan.
This reshuffling is not unprecedented; changes in province governments have often occurred when the coalition at the federal level shifts.
Historically, after agreements between Nepali Congress-Maoist and UML-Maoist at various times, provincial governments and their heads have been replaced accordingly.
The frequent changes in provincial leadership, following shifts in the federal coalition, have led to widespread criticism.
Some argue that these moves are weakening the provincial structure and questioning the justification of the provincial system itself.
Critics believe that major parties like Nepali Congress, CPN-UML, and Maoist Center are transferring political instability from the federal to the provincial level.
Since the first House of Representatives elections after the promulgation of the Constitution in 2015, the provinces began appointing their initial provincial chiefs in the first week of January 2018.
According to the Constitution, provincial chiefs are supposed to serve five-year terms.
However, in the past six and a half years, many provinces have seen between three and five changes in leadership.
Of the seven provinces that appointed their first provincial heads on January 19, 2018 Koshi Province has had the fewest changes with three, while Gandaki, Madhesh, and Sudurpaschim provinces have each seen five changes.
According to Article 166 (1), the province chief shall exercise their rights and perform their duties as granted by the Constitution and any other relevant laws.
Karnali, Lumbini, and Bagmati provinces, which were affected by the recent cabinet decision, are now about to appoint their fourth provincial chief.
30 Province Chiefs in 6.5 years
According to the Constitution, it has been 6 years and 6 months since all seven provinces appointed their first provincial chiefs.
During this period, the provinces have seen a total of 30 provincial heads, including the latest appointments by the government.
Among these, one provincial head served for only 3 months, and another for just 6 months.
Sitakumari Paudel, the former chief of Gandaki Province, held the position for just 3 months, while Ganga Prasad Yadav served as the head of the Sudurpaschim Province for 6 months.
Paudel, who was the third provincial chief for Gandaki served from May 3, 2021to July 27, 2021.
Similarly, Yadav, who was appointed as the third provincial chief of the Far West on May 3, 2021 served until November 8, 2021
Current and past Chiefs of Province
Sudurpaschim Province:
Mohanraj Malla – January 19, 2019 to November 3, 2019
Sharmila Kumari Panta – November 4, 2019 to May 3, 2021
Ganga Prasad Yadav – May 3, 2021 to November 9, 2021
Devraj Joshi – November 11, 2021 to March 13, 2024
Nazir Miyan – March 13, 2024 to present
Karnali Province:
Durga Keshar Khanal – January 19, 2019 to November 3, 2019
Govinda Prasad Kalauni – November 5, 2019 to November 9, 2021
Tilak Pariyar – November 11, 2021 (Cabinet decision on July 29 to relieve him from office)
Yagyaraj Joshi – (Cabinet decision on July 29 to appoint as Province Chief)
Lumbini Province:
Umakanta Jha – January 19, 2019 to November 3, 2019
Dharmanath Yadav – November 5, 2019 to July 27, 2021
Amik Sherchan – July 27, 2021 (Cabinet decision on July 29 to relieve him from office)
Krishna Bahadur Ghartimagar – (Cabinet decision on July 29 to appoint him as Province Chief)
Gandaki Province:
Baburam Kunwar – January 19, 2019 to November 3, 2019
Amik Sherchan – November 5, 2019 to May 3, 2021
Sitakumari Paudel – May 3, 2021 to July 27, 2021
Prithviman Gurung – July 27, 2021 to March 13, 2024
Dilliraj Bhatta – March 13, 2024 to present
Bagmati Province:
Anuradha Koirala – January 19, 2019 to November 3, 2019
Bishnu Prasad Prasain – November 5, 2019 to August 20, 2021
Yadav Chandra Sharma – August 20, 2021 (Council of Ministers decision on July 29 to relieve him from office)
Deepak Prasad Devkota – (Cabinet decision on July 29 to appoint him as Province Chief)
Madhesh Province:
Ratneswarlal Kayastha – January 19, 2019 to November 3, 2019
Tilak Pariyar – November 5, 2019 to February 19, 2021
Rajesh Jha Ahiraj – February 19, 2021 to August 17, 2021
Harishankar Mishra – August 17, 2021 to March 13, 2024
Sumitra Devi Bhandari – March 13, 2024 to present
Koshi Province:
Prof. Dr. Govinda Bahadur Tumbahang – January 19, 2018 to November 3, 2019
Somnath Adhikari ‘Pyasi’ – November 5, 2019 to November 9, 2021
Parashuram Khapung – November 11, 2021 to present
What does the Constitution say?
Article 163 (1) of the Constitution provides for the appointment of a provincial head in each province as the representative of the Government of Nepal.
Sub-section 2 specifies that the President appoints the Province Chief for each province.
According to Sub-section 3, the term of office for the provincial head is five years, unless they are removed from office before the end of their term.
Article 164 (4) of the Constitution states that the same person cannot serve as the provincial head more than once.
Article 164 also outlines the qualifications required for the provincial chief, stipulating that the individual must be eligible to be a member of the Federal Parliament, be at least 35 years old, and not be disqualified by any law.
Article 165 addresses the vacancy of the provincial head position.
Sub-section 1 outlines that the position becomes vacant if the provincial chief resigns in writing to the President, if their term expires, if they are removed by the President before the term ends, or if they pass away.
Sub-section 2 provides that, in the event of a vacancy, the President may appoint a provincial head from another province to carry out the functions of the vacant position until a new provincial head is appointed.
Article 166 details the duties, responsibilities, and powers of the province chief.
According to Article 166 (1), the province chief shall exercise their rights and perform their duties as granted by the Constitution and any other relevant laws.
Actions and decisions must be made based on recommendations and consent from the Provincial Council of Ministers, as submitted through the Chief Minister.
Sub-section 3 specifies that decisions or orders made in the name of the provincial head must adhere to provincial laws and regulations.
Comment