Province Police Integration

With the implementation of the Constitution of Nepal 2015, federalism has been gaining ground steadily in the country. The national charter assigns powers and responsibilities to the three-tier governments—federal, provincial and local. With the allotment of authorities, these governments have their own jurisdictions. Though they are autonomous in nature, they are required to work in cooperation and coordination with each other in order to institutionalise federalism, facilitate the process of service delivery to people and carry out development activities.

Since the holding of the three-level elections for the first time in 2017 following the promulgation of the federal constitution, numerous issues concerning governance have been resolved through the sharing of powers and authorities among the central, provincial and local governments. However, some pertinent issues, including the integration of civil servants and police personnel, are yet to be settled. 

Despite the endorsement of the Police Personnel Integration Act, 2020, and the Nepal Police and Province Police (Operation, Supervision and Coordination) Act, 2020 by the Federal Parliament nearly three years ago, the process of handing over the authority to provincial governments has not moved ahead. The federal government also made the first amendment to the Nepal Police and Province Police (Operation, Supervision and Coordination) Act, 2020 on September 28, 2020.

There is a constitutional provision that requires the police administration at the province level to be brought under the authority of provincial governments. Owing to the delay in the adjustment of the police personnel in provinces, provincial governments have been at loggerheads with the federal government.  The provinces have been putting a lot of pressure on the central government to ease the procedures of police integration. They have called for an instant enforcement of the Act. Among the provinces, the Madhes Province was most dissatisfied with the slow process. The Madhes Province government had even staged a sit-in just before the November 20 elections in this regard. 

In the absence of necessary laws, regulations and other provisions in regard to police integration and delegation of powers, the provincial police organisation has failed to be restructured as per the spirit of the constitution. An Organisation and Management (O&M) survey had been conducted about 26 months back for the purpose of police adjustment. The Ministry of Home Affairs (MoHA) is in a mood to revise the survey report in order to implement the police integration. However, the federal government has reiterated its pledge to proceed with the integration plan. Since the federal and provincial elections have now been over, the upcoming governments are expected to advance the stalled police adjustment.  

These two-tier governments need to focus their efforts on creating an environment of trust to ease the transfer of power. Officials at the MoHA say that once the drafting and issuance of legal documents like regulations, guidelines and procedures are completed, the integration process will be launched formally. The Nepal Police Headquarters has been working continuously on police integration.

Because some legal foundations for the police integration have now been in place, it may not be difficult for the authorities concerned to carry forward the task. Province 1, Madhes, Bagmati and Gandaki Provinces have already issued the Provincial Police Act to restructure provincial police. However, the Lumbini and Sudurpaschim provincial governments are yet to introduce their provincial police bills. The federal and provincial authorities need to discuss the issue extensively in order to settle it without delay.