KATHMANDU: Cooperation, collaboration and co-existence among the three tiers of government have been emphasized in line with the spirit of the Constitution.

Speaking at a programme organized by the Office of the Prime Minister and Council of Ministers on Sunday, Chief Secretary Eaknarayan Aryal said these fundamental aspects of federalism are however overlooked while drafting laws, creating challenges in implementing federalism.

According to him, issues related to the sharing of natural resources—which were expected to be easier to implement during the Constitution drafting process now appear thorny. The failure to fully implement administrative restructuring and natural resource management has witnessed host of challenges.

He added that overlapping powers among the three levels of government have inconvenienced citizens in accessing state services. “The principles have not worked,” Aryal argued. The lack of clarity regarding the roles and responsibilities of the different levels of government, he said, goes against the spirit and intent of the Constitution.

The Chief Secretary stressed the need for an umbrella act to clearly define matters related to natural resource sharing.

Former lawmaker Khimlal Devkota said that any new law must be formulated without infringing on the exclusive rights of the three levels of government and should properly address the concurrent list. Highlighting Nepal’s longstanding struggle regarding rights and political authority, he proposed scrapping Schedule 9 of the Constitution related to concurrent powers of the federal, provincial, and local governments and redefining those rights to avoid confusion.

Secretary at the Office of the Prime Minister and Council of Ministers, Phanindra Prasad Gautam, said experts’ feedback is essential to address ambiguities in drafting laws and policies necessary for the Constitution’s implementation.

Former Finance Secretary Shishir Dhungana, attending the event as a thematic expert, proposed endorsing the Federal, Province and Local Level Unbundling Report (Amendment)–2080 BS to address issues while putting constitutional provisions into practice.

Government Secretary Nirmala Adhikari and Joint Secretary Bhishma Bhusal said that concerns were repeatedly raised regarding rights over forests, minerals, and water resources in terms of the exercise of power by three-tier governments.