Social Studies 10

Lesson Identification of Social

4.10 Problems and Problem

Solving Skill

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Pre-reading Activity

Read the real life story of a young man told by his mother. Then, discuss the questions below.
On September 10, 1996, I awoke to every mother’s nightmare. I found my 20–year–old son Ian dead in his
bed of an accidental heroin and valium overdose. Ian James Eaccarino was a promising college student with
everything to live for. He was bright, athletic, popular, and handsome. He was dearly loved by his family and
by his many friends. Drugs destroyed his life.
He shared some things from his heart with me the summer before he died and I began to develop some insight
into the private pain he had held onto for so long. He had so much regret over his drug use. “Mom, I messed
up. It is not Dad’s fault, or Larry (his stepfather), or your fault. I take responsibility. I messed up.” My heart
was broken. I knew that kids mess up; he was paying for it with his spirit, his intellect, and his life. That last
summer, when he realized what he had done to his life and to all of us, his pain became excruciating. But he
couldn’t stop.

Source: couragetospeak.org
●● What does the story show about the effects of drug addiction on person’s life and his

or her family?
●● What seems to be the main cause of Ian’s drug abuse?
●● What did Ian realize at the end? How does the mother take Ian’s struggle with drugs?

Identification of Social Problems and Problem Solving Skill

Sagar and Nirmal are close friends. Sagar learnt out how to use drugs from his friends.
Therefore, he asks Nirmal to use drugs: Nirmal doesn't like it.
1. What are the problems related to the

situation above?
2. What are the probable alternatives to solve

the problems in this situation? Prepare
them.
3. Make a list of advantages and disadvantages
of every alternative.
4. Which alternative is the most appropriate
one and why?
5. How are you going to implement the most appropriate alternative?

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Sonika's group has prepared the following draft of conclusion as presented below:

1. The problem related to the situation: Drug abuse

2. The probable alternatives to solve problems: to refuse, to accept the proposal, to
avoid

3. a. Advantages of Refusal : Safe from addiction, not to be insulted in school,
having good relationship in the family, saving of money, no problem in health

Disadvantages: His friend will be angry at him. The relationship breaks up.

b. Advantages of Acceptance of Proposal : The friend will be happy. There will be
cordial relationship.

Disadvantages: Deterioration of health, risk of falling victim to addiction, to
be insulted in school if known, to be scolded by the family members if known,
more expenditure, falling in bad company

c. Advantages of Avoidance: All right for the time being, enough time to find out
other alternatives

d. Disadvantages: The friend may force again. Danger of his being aggressive

4. The alternative of refusal is the most appropriate one because it has many advantages
and less disadvantages. Nirmal may be happier in this alternative.

5. Nirmal should describe the disadvantages of drug abuse. He has to suggest him not
to use drugs. He should dare to tell his friend that he will never use drug in his life.
To implement it successfully, Nirmal has to refuse it.

Glossary

cordial - friendly
deterioration - the act of becoming worse

In-class Activity

As Ian’s story at the beginning of the lesson shows, teenagers often take drugs without realizing
the consequences and then when they realize it, it is too late. Think about this problem and
develop a publicity poster that aims at raising awareness about the consequences of drug
abuse among teens.

Exercise

A. Write very short answers to the following questions.
1. What is drug addiction? Write some examples.
2. Write two effects of drugs on the abusers.
3. Offer one measure to avoid drug abuse.

152 Oasis Social Studies Grade - 10

B. Write short answers to the following questions.

1. Why and how do people get involved in drug addiction?

2. What are the effects of drug addiction on an individual, family, society and
the state? Discuss in class and make a table listing the effects of drug abuse

on each area mentioned.

3. How would you reject and resist the peer pressure such as a close friend
insisting you to take drugs?

4. Trafficking of drugs is an international problem. Why is it difficult to stop
international drug trafficking?

5. Suppose you are invited to speak on “Avoiding Drugs” on a Radio or a TV
show. Prepare a brief speech highlighting the harmful effects of drug and
ways of avoiding it.

6. Society and family often look down upon the addicts. But, the negative
perception of society does not always help. Instead, society and family must
be sympathetic towards the addict and offer them emotional support. Write
a letter to the editor of a daily newspaper highlighting the importance of
treating those who are addicted to drugs sympathetically.

7. What are the negative aspects of child marriage? Write in points.

8. In the present condition also Nepalese children are forced to work as labour.
Write down the reasons behind it.

10. Capable youths take going abroad as an opportunity. They consider
permanent residence in the USA, Australia as a golden opportunity. What is
your view towards it?

11. Use the problem solving skill as in the lesson to solve the problem given below.

Gita is just 13 years old. A family from other village came to her house with
marriage proposal. Gita doesn't like this proposal as she wants to continue
her study. She wants to stand on her feet and contribute something to the
nation being a capable citizen. Marriage proposal has raised her anxiety.

Self-discovery: Project Work

NARCO-NON and INF (International Nepal Fellowship) are working in the field of
drug prevention and rehabilitation. If you have the Internet access, visit the webpage
of these organizations at http://www.narconon.org/ and http://www.inf.org. Study
more about these institutions, and write a report about the rehabilitation programs
they organize; particularly, focus on the methods used for the treatment of drug abuse.
Submit your report to the teacher and also present it in the class.

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Unit Revision

In this unit, we have learnt that:

●● Social practices help regulate social order but some practices lead to crimes and
malpractices; such social practices are called social problems.

●● Transportation of people living in one place to another for forced labour and
servitude is a crime against humanity. It is called human trafficking.

●● Transporting women from one place to another or from one country to another for
the purpose of prostitution is called girl/women trafficking.

●● Nepal suffers from the problem of girl trafficking as many girls and women are
taken to neighboring countries and forced into sex trade.

●● National organizations such as the Maiti Nepal work towards solving the problem
of girl trafficking and rehabbing those who have returned home.

●● Education, social awareness, and employment opportunities are some measures
to control the problem of girl trafficking.

●● Trafficking of human organs includes the commercial trade in human organs for
multiple purpose. Commonly traded organs include kidneys, liver, cornea of eyes,
lungs, etc.

●● Traditional social practices that discriminate between people and exploit them on
the basis of gender, ethnicity, and caste are social evils.

●● Domestic violence is a violent behaviour within the family.

●● Child marriage, Chhaupadi, Deuki, and other social evils are still prevalent in
Nepal despite legal prohibition against them.

●● Similarly, drug addiction is another challenging social evil of Nepal.

●● National and international organizations such as UNFPA, Red Cross, and Scout
work towards solving many social problems and social evils

●● There are various social problems in our society. We should know the problem
solving skill to cope with the problems.

Test Your Knowledge

A. Write very short answers to the following questions.
1. What is a social problem?
2. Who is the founder of the Maiti Nepal?
3. Make a slogan against smoking.
4. Write the main function of the AATWIN.
5. Why is human trafficking taken as a social problem?
6. Differentiate between girl trafficking and child trafficking.
7. Why is the rate of trafficking of human organs increasing day by day?

154 Oasis Social Studies Grade - 10

8. Write down different forms of domestic violence.
9. Write one negative impact of untouchability.
10. Draw the logo of SOS
11. Where is dowry system commonly practised in Nepal?
12. Write down the main motto of the Scouts.
13. Name any two organizations working in your community.
14. Write two solutions to any social problem found in your community.
15. How would you respond to a friend who keeps on insisting you to smoke?
B. Write short answers to the following questions.
1. Define girl trafficking. Why is it regarded as a social crime against humanity?
2. What is untouchability? Give four suggestions to solve this social problem.
3. The eradication of social evils in a society begins at an individual level. Justify.
4. List the effects of drug abuse on an individual, society and a nation at large.
5. List the social problems and evils you know and explain any four.
6. Write a dialogue between father and son about drug addiction and its bad

effects.
7. What is dowry system? What are its evil aspects and how can it be controlled?
8. How is poverty linked with various social problems in present society?

Elaborate.
9. List any four INGOs and their working areas in Nepal.
10. Write the seven principles of Red Cross.
11. Draw the logo of the Nepal Scouts and state its objectives.
12. Who established SOS? Enumerate its contributions in Nepal.
13. What is Scout? Explain its history in Nepal.
14. Your society may be facing some social problems. What kinds of problems

are they? What are the major effects of the problems? Discuss and present in
the class.
15. 'Problems make a person matured.' Do you agree with this statement? Write
your views.
16. How did the Nepal Red Cross Society and the Nepal Scouts help the victims
of earthquake 2072? Fill in the given table based on your own experience and
the news that came through different mass media.

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Key Terms

Chhaupadi System: a social tradition in the western hilly region of Nepal in which a
woman or a girl during menstruation period is prohibited from participating in normal
family activities and instead are forced to live 'Chhau home' located far from home

child marriage: a social evil in which children get married at an early age i.e. before they
get maturity

child trafficking : the act of trafficking children for forced labour, domestic work,
street hawking, drugs courier, begging, burglary, agricultural and mine work, sexual
exploitation, etc.

Deuki System: an ancient custom practiced in the province 7 of Nepal in which a young
girl is offered to the local Hindu temple to gain religious merit

domestic violence : any abusive , violent, coercive, forceful or threatening act or word inflicted
by one member of a family or household on another of the same household or family

dowry system: the system prevalent in the Terai region in which parents of bride are
forced to fulfill the demands (cash or goods) of groom side in marriage

Ghumto system: an evil social practice in which married women cover their head with a
shawl or the edge of sari

girl trafficking : transporting women from one country or region to another mainly for
commercial sex purpose

human trafficking : the trafficking of people for the purpose of forced labour or organ
transportation or a commercial sex act

Jhuma system: one of the social evils practiced among the Himalayan Sherpa community
in which young second girl children are offered to the monasteries for serving purpose

organ transplantation: a surgical operation in which a functionless organ in human body
is removed and replaced with a functioning one

Red Cross Society: a voluntary humanitarian organization established in 1863 AD by
Jean Henry Dunant

Scout: founded by Robert Baden-Powell in 1907 is a worldwide movement of youth that
works for the physical, mental and spiritual development of youth

social evil: the social and cultural practices of our society that exist in the form of norms, values,
ideology, custom traditions, rituals, festivals, etc. and have negative effects on a particular
gender, sex, caste , ethnic group , etc. (ex. untouchability, ghumto, Jhuma , Deuki, dowry, etc.)

social problem: the problem created in the society to fulfill an individual's or a group
interest without caring with other's rights(ex. corruption, drug addiction , girl trafficking,
divorce, etc.)

SOS: an independent international organization established by Dr. Herman Gmeiner in
1949 AD which has been working to meet the needs and protect the interests and rights
of children

untouchability : a social evil in which any member of the lowest castes , whose touch is
regarded as defiling to higher caste Hindus

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5Unit

Civic Sense
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On the completion of this unit, students will develop the following competencies:

●● To introduce the organs of the government and concept of balance of power among
the organs

●● To introduce the constitutional bodies along with their power and functions
●● To explain the roles and responsibilities of the political parties in the ruling system of

Nepal
●● To introduce the election process and the role of citizens in it
●● To introduce the concept of human rights and act accordingly
●● To mention the role of national and international agencies in the protection and

promotion of human rights

●● To maintain one's identity as a citizen and know the process of obtaining citizenship

Teaching and evaluation scheme for the unit

Teaching periods ............................................. 22

Course weight ................................................ 11

Evaluation Grid for Final Testing

Type of Skills tested
ques-
tions Knowledge Creative, Appli- Value Total Total Time
& critical cation, & no. of mark (in min-
Very practi- ques- alloca-
short under- thinking & cal & atti- tions tion utes)
Short standing analysis research tude
Long 2
– – skill –
–
1 1
– 1 –– 4+7=11 20
––

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Lesson The Legislature

5.1 -Joj:yflksf_

Pre-reading Activity

1. Suppose your class is a parliament and students are its members. Choose a speaker, conduct
the house and discuss the three important issues the country is facing.

Reading

Legislature is one of the three important organs of the state. The other two are executive
and judiciary. Legislature is mainly responsible for the formation of laws, management,
and control of executive. The laws passed by legislature are implemented by the judicial
bodies. Legislature is formed by the elected representatives. The legislature system or
parliamentary system was developed in the 18th century in Europe. Legislature can be a
unicameral or bicameral. A unicameral system has one body of representatives; whereas
a bicameral system has two houses or bodies of representatives. Depending on the political
system and unique characteristics of a country, it may adopt a unicameral or bicameral
legislature. Britain has a bicameral system with the House of Representatives and the
House of Lords. Nepal also follows the parliamentary system of government.

There is a provision of federal legislature
with the House of Representatives and
the National Assembly in Nepal. Federal
legislature in Nepal is also called the
federal parliament.

In the House of Representatives there
are 165 members from First Past the
Post (FPTP) and 110 members from
proportional election system totalling
275 members. The term of the House of
Representatives is five years.

The National Assembly is a permanent parliament with 59 members. There are 56
members; 8 members each from seven provinces. There are three members nominated by
the President of Nepal on the recommendation of the Government. There is a provision
of more than one third women lawmakers. The tenure of the members of the National
Assembly is six years and tenure of one third members expires in two years.

There is a provision of the Speaker and the Deputy Speaker in the House of Representatives
and the Chairperson and the Vice chairperson in the National Assembly. In both the
Houses there should be representation of different genders and political parties.

There is a certain procedure to present, approve and verify a bill in the federal parliament.
A bill can be tabled in any House whereas finance bill has to be tabled only in the House of

158 Oasis Social Studies Grade - 10

Representative. Once a House approves the bill, it has to be immediately sent to the other
House (National Assembly) for approval. After the approval of the bill from both the
Houses it has to be presented to the President for verification. Before it is presented to the
President of Nepal, it has to be verified by the Speaker or the Chairperson of the House
where it is tabled first. The bill thus received has to be verified by the President within 15
days and both the Houses have to be informed about it.

The Constitution of Nepal has a provision of state legislature (Pradesh Byabasthapika).
In every state legislature there is a provision of 60% members from first past the post
election system and 40% members from proportional election system. The state legislature
legislates essential laws for its state.

The Constitution of Nepal has the provision of different committees under the Legislature-
Parliament in order to assist in the regular works of the Legislature-Parliament. The
committees are: Legislative Committee, Thematic Committees (PubicAccounts Committee,
Finance Committee, State Affairs Committee,etc.) and Special Committees(Parliamentary
Hearing Special Committee, Privilege Committee,etc.).

The main task of the Legislative Committee is to submit report to the House regarding the
Ministry of Law, Justice, Constitution Assembly and Parliament Affairs and Office of the
Attorney General to discuss on the Bills introduced in the Legislature-Parliament. Similarly
the major task of the Thematic Committees is to make the government responsible
to the Legislature-Parliament and provide necessary direction and suggestion to the
government, having made evaluation and monitoring the activities of the government
made in the past and being made at present. Special Committees are entrusted with
different tasks such as approving the decision of the Council of Ministers, Government of
Nepal to mobilize the Nepalese Army, conducting parliamentary hearing with regard to
the names proposed for appointment of the justices of the Supreme Court, Ambassadors
and Constitutionals positions, which are appointed on the recommendation of the
Constitutional Council,etc.

According to the Constitution, qualifications of the members of the federal parliament are:
●● Must be a Nepali citizen.

●● Must be 25 years of age for the House of Representatives and 35 years of age for the
National Assembly.

●● Should not be holding any office of profit.

●● Should not be disqualified by any federal law.

●● Should not have been punished for any criminal offence involving moral turpitude.

●● Should not be ineligible under any law.

Functions of Legislature

There are different functions of legislature. Some of them are as follows:

1. Making laws: Legislature makes laws that the country needs or ends any existing laws
that contradict the constitution and its provisions. So, it is called the law-making body, and
members of legislature are also called lawmakers. Different proposals are tabled at the
meetings of the parliament. Discussions are held and finally put forth as a bill. Members
discuss the bill about its uses, positive and negative effects. They also see to it that the

Oasis Social Studies Grade - 10 159

proposed laws are favourable for human rights,
gender equity, national development. Different
committees and sub-committees amend the bill if
necessary and pass the bill from the legislature. When
it gets signature from the President, then, it becomes
the law of the country.

2. Regulation of economy: Without the acceptance of
legislature, state cannot spend any amount of money
from the treasury of the country or cannot collect tax from the tax payers. The annual
budget is tabled by the executive in the parliament. Members of legislature discuss the
proposed budget. And only after their approval, the budget becomes operational. If the
legislature finds that the budget is inappropriate, it may even reject it. So legislature
gives emphasis to formulating people and development-oriented budget and its proper
implementation.

3. Administrative work: Executive is the apex body of administration and it is regulated
by the parliament in democratic countries. The head of the executive is appointed by the
legislature and remains in the post as long as has the confidence of the legislature. He or
she should get vote of confidence from legislature if necessary. Similarly, legislature can
question the executive if required. The members critique and ask questions about the work
of the government. Sometimes, legislature can table “vote of no confidence” against the
executive. In such a case, the executive should prove the vote of confidence by securing
the votes of the majority of members. Failing to do so results in the dissolution of the
government.

4. Constitutional amendments: Sometimes existing articles of the constitution need to
be changed or amended. Only the parliament has the right to amend the constitution.
According to the Constitution of Nepal, a two-thirds majority of votes of total members of
parliament can amend the constitution. The required majority to amend the constitution
may vary in different countries.

5. Ratification of national issues: The full Cabinet Meeting (Council of Ministers) of a
country can sign treaties on issues of national importance. These issues include minor
treaties such as bilateral treaties on trade and welfare programs. However, treaties that
have broader and long-term effects must be approved by the legislature. For example,
the Tanakpur Treaty of 2050 B.S. between Nepal and India was passed by the two-thirds
majority of parliament members.

Glossary

proportionate - based on equal shares
turpitude - shameful
contradict - disagree
apex - highest
critique - to analyze, interpret, and offer views on something
dissolution - to come to an end

160 Oasis Social Studies Grade - 10

In-class Activity

Form a mock legislative committee of your class by electing 10 % of total students. Then,
select the Speaker from among the elected students. Convene the first meeting of a sort and
formulate rules related to “Creating Healthy Learning Environment” in class. Rules may apply
to students, teachers, parents, and any concerned persons. Vote to pass the rules.

Exercise

A. Write short answers to the following questions.
1. What is legislature? Mention the process of the formation of legislature of
our country.
2. 'Legislature is also called the law making body.' Justify the statement.
3. According to the Constitution of Nepal, who can be a member of the federal
parliament in our country?
4. Write a short note on the provision of women participation in the National
Assembly.
5. Compose a dialogue mentioning the process of the formulation of law
through a bill.
6. In democracy, decisions are made on the basis of the majority of votes but the
voice of the minority is also respected. Explain the statement.

B. Write long answers to the following questions.
1. What are the functions of legislature in Nepal? Describe them in brief.
2. To get education is the fundamental right of children but some parents do
not want to send their children, especially daughters to schools. What kind
of law would be suitable against such discrimination? Write a letter to the
members of the parliament urging them to formulate a law to promote girls'
education in Nepal. Also include the sample of the bill to be passed.

3. How does the House of Representative run? Write down the major roles of
the Speaker and the members of the House of the Representatives.

4. Write a letter to your friend explaining the major features of the present
constitution.

Self-discovery: Project Work
Collect the names of Members of Parliament representing your district. Also, find
out which parties they represent.

Oasis Social Studies Grade - 10 161

Lesson The Executive

5.2 -sfo{kflnsf_

Pre-reading Activity

How are the daily activities of your school run? Who performs what? How is the system of operation
organized? Think for a few minutes and with the help of your teacher prepare a flow chart of the
administrative system of your school.

Reading

The executive is another organ of the state
and an administrative body. Commonly, we
think of the executive as being the Council of
Ministers. But the executive body of the state
includes the Cabinet of Ministers, other central
administrative units and local administrative
bodies. In other words, executive means a
system of government from the centre to the
local administrative units such as Rural Municipalities and Municipality offices.

Generally the functions and duties of the executive are explained in the constitution.
According to the Constitution of Nepal, the executive power is vested in the Council
of Ministers. The Prime Minister is selected on political consensus and the Council of
Ministers is formed under the leadership of the Prime Minister. The Prime Minister
selects the deputy prime minister, ministers, state ministers and other assistant ministers
recommended by the respective political parties. The Prime Minister is responsible
towards the legislature and ministers are individually responsible towards the Prime
Minister and the legislature.

The executive is the law implementing agency. The executive authority is vested in the
Council of Ministers. There is a provision of federal executive, provincial executive in a
province and local agency executive in a local agency. There is a provision of electing the
leader of the parliamentary party with a majority in the federal executive. The President
of Nepal forms the Council of Ministers with maximum of 25 members out of the total
members at the recommendation of the Prime Minister according to the inclusive principle.

Functions of the Executive

The function of the executive is broad, general and accountable to the country. Its functions
range from a mere management of basic needs to the security of people and the country,
and the smooth administration. Some important functions are as follows:

1. Administrative work: It conducts daily administration and manages the security,
maintains law and order, and protects people’s lives and properties. It controls,
conducts and regulates administration and ensures a controlling mechanism. The

162 Oasis Social Studies Grade - 10

executive also prepares policies, strategies and directives for the development and
management of people and the society. The executive can issue different decrees,
directions and orders for the application of laws, rules and regulations. Similarly, it
is the duty of the executive to keep an environment of coordination and cooperation
between and among the ministries, departments and administrative units and
service agencies. If necessary, the executive can appoint staff in different positions
as provisioned by laws.

2. Diplomatic work: It is the function of the executive to maintain diplomatic relations
with other countries. It makes policies and frameworks for foreign affairs, appoints
the consular or ambassador to foreign countries and accepts similar representatives
from foreign countries. The executive accepts and signs bilateral and multilateral
welfare programs.

3. Management of security and protection: It is the duty of state and the executive
to maintain peace and security in the country. There is a provision of the National
Security Council under the chairmanship of the Prime Minister to recommend
the Nepal Government in the mobilization and regulation of Nepal Army. The
President holds the post of the supreme commander of the army staff and appoints
and removes the Commander-in-Chief of the Nepal Army at the recommendation
of the Council of Ministers. Similarly, the executive decides for the management,
production, import of arms and ammunitions for the army required for the internal and
external security. It is the duty of the state and the executive to protect the country from
foreign attacks. Generally, the executive declares war and proposes for peace with other
countries or the opponent. The President of Nepal declares the mobilization of the Nepal Army
in development activities, disaster management and other activities according to the decision
made by the government of Nepal at the recommendation of the National Security Council.

4. Economic management: It is the function of the executive to table the national
budget. A budget is a document of income and expenditure, policies and plans. The
executive estimates the budget, fixes tax and collects borrowing and decides the
import and export policy. However, all the economic plans should be submitted to
the legislature for its approval. Every year an estimated budget is presented to the
federal parliament by the Minister for Finance.

There is a provision of the provincial government in every state. It is authorised to have
the responsibility for general directives of the state's administration, control and conduct.
In every state the chief minister is the head of the executive. There is a formation of the
council of ministers with the maximum of 20% of the total member of the state legislature.

There is a provision of Gaunpalika (Rural Municipality) or Nagarpalika (Municipality)
with the executive authority at the local level. It is vested with the annual administration,
control and conduct of Gaupalika and Nagarpalika.

administrative Glossary

regulate - related to carrying out of public affairs as different from
directive policy making
mobilization
- to give or direct according to rule
- guidance
- put into action

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In-class Activity

Get into small groups of 4-5 students. Make a list of the Prime Ministers of Nepal after 2046
B.S. Then, as a group decide who you think was the best Prime Minister. Then, offer reasons as
to why you think the person was the best of all.

Exercise

A. Write short answers to the following questions.
1. The work done by the legislature has long-term effects whereas the work done by

the executive is more relevant to the present. Do you agree with the statement?
Give reasons.
2. How is the executive related to the legislature? Explain.
3. Normally, the tenure of a government is five years. After the restoration of House
of Representatives in 2063, no government has completed its five-year tenure.
What are its reasons? Write any three.
4. We have not seen any woman Prime Minister in the history of Nepal. What might
be its reason?
5. Write down the relationship between the provincial executive and the local
executive.
6. If you were a minister, how would you fulfill your responsibility? Write in brief.
7. Individually, how do you help the government? List out the points.
8. Make a list of the names of the Prime Ministers of Nepal after the Mass Movement
of 2062/2063.

S.N. Name of Prime Ministers Period of premiership (Date and Year)

B. Write long answers to the following questions.
1. Describe the functions of executive.
2. Write down the differences between federal executive and provincial

executive.
3. Write down the structure of the present council of ministers along with their

functions.

Self-discovery: Project Work
In Nepal, newspapers give priority to news related to ministers. Survey a national
daily newspaper for a week and make note of news related to ministers. Make a two
column table—one column “creative and positive work” and another “useless and
unproductive work.” Then arrange activities done by the ministers accordingly.
Write a brief note explaining why some of the activities done by the ministers are
“useless and unproductive.”

164 Oasis Social Studies Grade - 10

Lesson The Judiciary

5.3 -Gofofkflnsf_

Pre-reading Activity

Divide the class into two groups. First group, try to come out with a definition of the word “justice.”
Enumerate conditions which can be taken as being “just” or servicing the justice. Second group,
work out the definition of the word “injustice.” Enumerate conditions which can be taken as exam-
ples of injustice. Then, as a class decide who and what determines if something done is “just” or
“unjust.”

Reading

You are right that whether something done is “just” or “unjust” is largely determined by
the laws prevalent in the community. And judges who are appointed for that purpose
decide whether some acts are as per the law or not. The judiciary of a country makes sure
that laws are implemented and justice is served to people. The judiciary also explains the
laws passed by the legislature. The legislature makes laws; the executive functions under
the laws; and the judiciary makes sure that the laws are applied in just ways. The judiciary
also functions as the patron of laws and interprets laws, including the constitution.
Therefore, legislature, executive and judiciary are independent and interrelated organs
of the state. In the absence of any other two bodies, either cannot properly function, or
functions in an unbalanced way. In political theory, the relationship between these three
bodies, therefore, is called the principle of check and balance of power.

For the just and democratic society to exist, an impartial, competent and independent
judiciary is indispensable. It protects and provides security, freedom and justice to the
people in every democratic country. Similarly, the executive and the legislature do not
interfere with the judiciary and its decisions. Rather, it is the duty of the executive to make
sure that the directives given by the judiciary are implemented. As per the Constitution
of Nepal , the judicial body should respect and follow people’s aspiration for democracy,
freedom, and human rights as expressed in the People’s Movement of 2062/2063.

In part 11 of the Constitution of Nepal, there is a provision of the judiciary.

The judiciary functions through three tiers of courts in Nepal. They are the Supreme
Court, Hight Courts, and District Courts.

a. Supreme Court: (in the centre/federal capital) It is the apex body of judiciary and
it is also called the court of records. All other courts work under it. It has the right
to order to follow the rules. It also issues mandamus, habeas corpus, certiorari,
prohibition and quo warranto. It gives final decision in any case and can reopen
the cases decided by District or High Court. It has the right to explain constitution
and give advice to the government, if required. The Chief Justice is the head of

Oasis Social Studies Grade - 10 165

the Supreme Court. The Chief Justice and
other judges are appointed by the President
on the recommendation of the Constitutional
Council and Judicial Council respectively.
Any person who has worked as a judge of
the Supreme Court for at least three years is
eligible to be the Chief Justice of the Supreme
Court. The tenure of the Chief Justice is for
6 years unless he or she attains 65 years.
In addition to the Chief Justice, there is a
provision of maximum 20 judges in the Supreme Court. In case the number of
judges is inadequate because of the pile of cases, a maximum of the ten temporary
judges can be appointed for a certain period of time. Unless otherwise provided
in this constitution, all other courts and judicial institutions shall be under the
supreme court.

b. High Court: It is the second highest court and
there is a provision of a high court in every
province in Nepal. The Chief Judge and other
judges are appointed by the Chief Justice on
the recommendation of the Judicial Council. In
addition to the Chief Judge, every high court will
have a number of judges as provided in the federal
law. To be a judge, one has to have the following
qualification:

●● The person, at least, should hold a bachelor's degree in law and should
have at least 5-year working experience as a Judge of the District Court or a
gazetted first class officer in the judicial service, or

●● The person, at least, should hold a bachelor's degree in law and must have
worked as a Senior Advocate for 10 years, or

●● Must have, at least, 10-year experience in teaching, research or any other
work related to judiciary.

●● Must be a Nepali citizen and not older than 65 years.

c. District Court: There is one district court in each
district. Each district court provides judicial
services within the district. The judges of the
district court are appointed by the Chief Justice
on the recommendation of the Judicial Council.
The qualifications for the district judge are as
follows:

●● Must have, at least, a bachelor's degree in
law and eight-year work experience as a
gazetted second class officer involved in judicial service, or

166 Oasis Social Studies Grade - 10

●● Must have a bachelor's degree in law and must have worked at least for
eight years as a lawyer.

●● M ust be a Nepali citizen.

Functions of Judiciary

The judiciary interprets laws and provides justice to the people and state. It has major
role in a democratic country. The following are some functions of the judiciary:

1. Judicial Functions: The main duty of judicial bodies is to explain laws and provide
justice to the people and punish the offender according to the laws. There are two
cases in crime dewani and faujdari. Judicial bodies explain and give verdict according
to the type of the case.

2. Interpretation and Formation of Laws: The application and interpretation of laws
are the important parts of a legal system. Judicial bodies, specially the Supreme
Court, have the right to interpret the laws. While explaining laws, sometimes
previous decisions of the Supreme Court—precedents—function as the law.

3. Advisory Function: Sometimes, the executive and the legislature cannot take
decision or interpret existing laws or cannot estimate and imagine the impact of
laws. In such case, the executive and the legislature seek advice from the Supreme
Court on those legal and constitutional matters. Most of the democratic countries
follow this process while drafting the laws.

4. Protector of Rights and Freedom: The constitution and other laws of state provide
rights and freedom to the citizens. If those laws and rights are violated, the judiciary
decides whether to give the freedom or punish the violator. The judiciary always
explains the existing laws and supports people. A democratic and independent
judicial body always protects and provides rights and freedom to people.

indispensable Glossary
mandamus
- something needed; that which cannot be ignored
habeas corpus
certiorari - writ (order) issued by the Supreme Court to an official to
perform an act that the law considers as the duty
quo warranto
- writ ordering a prisoner to be brought before a judge

- a common law writ issued by the Supreme Court to one of
inferior courts demanding the record of a particular case

- hearing to determine by what authority someone has an
office

Oasis Social Studies Grade - 10 167

In-class Activity

As students, what kinds of rights you would like to be protected through laws. First decide
the rights that students must have and then, decide what laws should be made to protect those
rights. What should be done if the rights are violated.

Exercise

A. Write short answers to the following questions.
1. What is Judiciary? Write down the structure of the Judiciary in our country.
2. The role of the judiciary is most important in a modern and complex society.

Give reasons.
3. What qualification does one need to become a judge of the Hight Court and

the District Court? Discuss.
4. How does the judiciary ensure democracy and freedom in the country?
5. “Justice delayed is justice denied.” Explain the statement.
6. Mention the functions of the Supreme Court.
7. What should be done to make the Judiciary free and impartial? Point out the

suggestions.
B. Write long answers to the following questions.
1. What are the main functions of judiciary? Briefly describe any four functions

of the judiciary.
2. How do the organs of the government work according to the principle of

check and balance?

Self-discovery: Project Work
Generally, the decisions made by the Supreme Court become national news. Collect
three such decisions recently made by the Supreme Court and study them. Then,
write a brief report on one decision, explaining what the decision was and on what
basis the Supreme Court made that decision.

168 Oasis Social Studies Grade - 10

Lesson Constitutional Bodies

5.4 -;+j}wflgs lgsfo_

Pre-reading Activity

Read the following press release of National Human Rights Commission, dated Paush 28, 2072
Discuss the questions that follow.

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gk] fn ;/sf/sf] Wofgfsif{0f u/fpFb5 .

Who published this press release?
What problem has been identified?
What seems to be the function of National Human Rights Commission?

Reading

Legislature, executive and judiciary are the three major organs of a state. The work
done by these bodies should be transparent, impartial, and accountable. For the smooth
functioning of a society, the state needs other units as well. Sometimes, the constitution of
a state explains such units. The units or agencies of state provisioned in the constitution
to conduct some works are called the constitutional bodies. The Constitution of Nepal has
made the provision for different constitutional bodies which are given below.

Commission for the Investigation of Abuse of Authority (CIAA)

Part 21 article 238-239 of the Constitution
of Nepal states that there shall be a
Commission for the Investigation of Abuse
of Authority in Nepal, consisting of a chief
commissioner as the chairperson and four
other commissioners. The chief commissioner
and other commissioners are appointed by
the President on the recommendation of
the Constitutional Council. The tenure of
office of the chief commissioner and other
commissioners shall be six years from the
date of appointment and can work up to 65
years of age.

Qualification
●● He/She should hold a bachelor’s degree from a recognized university.

●● He/She should not be a member of any political party at the time of appointment.

Oasis Social Studies Grade - 10 169

●● He/She should have at least twenty years of experience in the field of accounting,
revenue, engineering, law, development or research and is a distinguished person.

●● He/She should have attained forty-five years of age and should possess a high
moral character.

Functions, Duties and Powers
●● It investigates the abuse of authority by any government officers, personnel or any

other person working in a government institution.

●● In case of guilty, it recommends the government for punishment and files the case
in court of law.

●● It checks corruption in public offices and warns or recommends for departmental
action of officials for misuse of authority.

Auditor General

Part 22, article 240-241 of the constitution of
Nepal-2072 makes the provision for the Auditor
General. The Auditor General is appointed by
the President on the recommendation of the
Constitution Council. The term of office of the
Auditor General will be six years from the date of
appointment and can remain in the post till his/
her age reaches 65 years.

Qualification
●● He/She should hold a bachelor’s degree in management, commerce or accounts

from a recognized university or has worked as a special class officer of the
government of Nepal after successfully completing the chartered accountant's
examination or has at least twenty years of experience in the field of auditing.

●● He/She should not be member of any political party at the time of appointment.

●● He/She should have attained forty-five years of age and should possess high moral
character.

Functions, Duties and Powers
●● He/She should audit the accounts of the office of the President and the

Vice-president, Supreme Court, the Federal Parliament, provincial assemblies,
provincial governments, constitutional bodies or their offices, courts, the Office of
the Attorney General and the Nepal Army, Nepal Police and Armed Police as well
as of all other government offices and courts.

●● He/She should audit any corporate body of which the government of Nepal or
provincial government owns more than fifty percent of shares or assets.

Public Service Commission

Part 23, article 242-243 of the Constitution of Nepal states that there shall be a Public
Service Commission of Nepal consisting of a chairperson and four other members. The

170 Oasis Social Studies Grade - 10

chairperson and members of the Public
Service Commission are appointed by
the President on the recommendation of
the Constitutional Council. At least fifty
percent of the total number of members
of the Public Service Commission shall
be appointed from among persons who
have worked for twenty years or more
in any government service, and the rest
of the members shall be appointed from
among persons who have done research,
investigation, teaching or any other significant work in fields such as science, technology,
art, literature, law, public administration, sociology or any other sphere of national life
and who hold a high reputation. The term of office of the chairperson and other members
of the Public Service Commission is six years from the date of appointment and can
remain in the post till he/she attains the age of sixty-five.

Qualification

●● He/She should hold a post-graduate degree from a recognized university.

●● He/She should not be a member of any political party at the time of appointment.

●● He/She should have attained the age of forty-five years and should possess high
moral character.

Functions, Duties and Powers

●● It conducts examinations for the selection of suitable candidates to be appointed
to civil service positions.

●● It conducts the written examinations for the recruitment in the Nepal Army, Nepal
Police or Armed Police Force or Federal Government services or corporate bodies.

●● It also works on the promotion, transfer, reward and punishment of the civil
servants.

Election Commission

Part 24, article 245-247 of the Constitution of
Nepal states that there shall be an election
commission consisting of a chief election
commissioner as a chairperson and four other
election commissioners. The chief commissioner
and the election commissioners are appointed
by the President on the recommendation of the
Constitutional Council. The term of office of the
chief election commissioner and the election
commissioners will be six years from the date of appointment and he/she can remain in
the post till he/she attains the age of sixty-five.

Oasis Social Studies Grade - 10 171

Qualification
●● He/She should hold a bachelor’s degree from a recognized university.

●● He/She should not be a member of any political party at the time of appointment.

●● He/She should have attained the age of forty-five and should possess high moral
character.

Functions, Duties and Powers
●● It conducts, supervises, directs and controls the election of the President, the Vice

President, federal parliament, provincial assemblies and local bodies.

●● It prepares the voters’ list for the purpose of election.

●● It holds referendum on subject of national importance as per the constitution and
federal laws.

National Human Rights Commission

Part 25, article 248-249, of the Constitution of
Nepal states that there shall be a National Human
Rights Commission consisting of a chairperson and
four other members. The chairperson and other
members are appointed by the President on the
recommendation of the Constitutional Council. The
term of office of the chairperson and members will
be six years from the date of appointment.

Qualification
●● For the position of chairperson, a person from among the retired chief justices

or judges of the Supreme Court who has made an outstanding contribution to
the protection and promotion of human rights, or a person who holds a high
reputation and has rendered an outstanding contribution in the field of protection
and promotion of human rights or various sections of national life for at least
twenty years.

●● For the position of members, persons from among the persons who hold high
reputation and have been actively involved in the field of human rights and
rendered an outstanding contribution to the protection and promotion of human
rights or children rights or various sections of national life for at least twenty years.

●● He/She should hold a bachelor’s degree from a recognized university.

●● He/She should not be a member of any political party at the time of appointment.

●● He/She should have attained the age of forty-five and should possess high moral
character.

Functions, Duties and Powers
●● It ensures the respect, protection and promotion of human rights and effective

172 Oasis Social Studies Grade - 10

implementation.

●● It conducts inquiries into, and investigation of, and recommendation for action
against the perpetrator of instances of violation or abetment of violation of the
human rights of any person or a group of persons, upon a petition or complaint
presented to the commission by the victim himself/herself or any person on his/
her behalf or upon information received from any sources or on its own initiative.

●● It forwards a recommendation to the authority concerned to take departmental
action against any authority that has the duty of responsibility to prevent violations
of human rights.

●● It makes recommendations if necessary to lodge a petition in court, in accordance
with the law, against a person or institution that has violated human rights.

●● It works jointly and in a coordinated manner with civil society to enhance human
rights.

●● It forwards a recommendation to the relevant authority for taking departmental
action against or imposing punishment on the violators of human rights.

National Natural Resources and Fiscal Commission

Part 26, article 250-251, of the Constitution of Nepal has the provision of National Natural
Resources and Fiscal Commission consisting of a chairperson and members not exceeding
five in number. The chairperson and other members are appointed by the President on the
recommendation of the Constitutional Council. The tenure of the office of the chairperson
and members will be six years from the date of appointment and can remain in the post
till his/her age reaches 65 years.

Qualification

• He/She should hold at least a bachelor's degree in the concerned subject from a
recognized university with expertise in natural resources or fiscal management,
economics, law or management and should have at least twenty years of experience
in the sector.

• He/She should not be a member of any political party at the time of the appointment.

• He/She should have attained the age of forty-five and should possess high moral
character.

Functions, Duties and Powers
• It determines extensive ground and measures, regarding the distribution of

revenue from the federal consolidated fund to the federal, provincial and local level
governments.

• It makes recommendation on distribution of the equalization grants to provincial
and local governments from the federal consolidated fund.

• It conducts research and studies with regard to making a basis for distribution of
conditional grants to provincial and local governments in compliance with national
policy and program and standards, and the state of infrastructure there.

• It determines extensive ground and measures regarding the distribution of revenue
between provincial and local governments from the provincial consolidated fund.

• It makes recommendations regarding the measures of reforms on responsibilities
Oasis Social Studies Grade - 10 173

of expenditures and revenue generation for the federal, provincial and local
governments.

• It makes recommendations about the internal loans the federal, provincial and local
governments may take, by analyzing the microeconomic indices.

• It reviews the bases of revenue distribution between the federal and provincial
governments and makes recommendations for reform.

• It determines base for computing the share of investments and return for federal,
provincial and local government while exploiting natural resources and makes
necessary recommendations.

• It makes recommendations about co-ordination and mitigation of disputes likely
to arise regarding distribution of natural resources between the federation and
province, between provinces, between a province and local level entity, or between
local level entities.

National Women Commission

Part 27, article 252-254, of the Constitution of Nepal
has the provision of National Women Commission
consisting of a chairperson and four other members.
The chairperson and the members are appointed
by the President on the recommendation of the
Constitutional Council. The term of office of the
chairperson and other members will be six years
from the date of appointment and can remain in
the post till her age reaches 65 years.

Qualification

• She should have made a significant contribution to the rights, interest of women or
gender justice or women development or in the field of human rights and law for at
least ten years.

• She should hold a bachelor's degree from a recognized university in case of the
chairperson.

• She should have attained the age of forty five.

• She should not be a member of any political party at the time of appointment and
should possess high moral character.

Functions, Duties and Powers

• It formulates the policies and programs regarding women welfare for the government
of Nepal and forwards a recommendation to the government for implementation.

• It reviews whether or not statutes related to women's welfare are executed, and
whether the international covenant signed by Nepal, as a signatory, has been
executed, and forwards a recommendation to the government of Nepal in case they
are found not to have been executed.

• It monitors, reviews and evaluates policies and programs implemented by the state
to bring women into the mainstream of national development such as proportionate

174 Oasis Social Studies Grade - 10

representation in all of the state agencies, and forwards a recommendation to the
government of Nepal for an effective implementation of those provisions.

• It carries out research and studies regarding gender equality, women empowerment,
other legal provisions concerning women, and forwards a recommendation to the
concerned bodies regarding the areas to be amended in those laws, and monitors
the same.

• It monitors the government regarding report to be submitted by the government of
Nepal in matters related to international covenants and treaties to which Nepal is a party.

• It forwards a recommendation to concerned authority to lodge a petition in the court,
in accordance with the law, in matters related with gender violence, and women
deprived of women rights due to social malpractice.

National Dalit Commission

Part 27 article 255-257, of the Constitution of Nepal has the provision of National Dalit
Commission consisting of a chairperson and four other members. The chairperson
and other members are appointed by the President on the recommendation of the
Constitutional Council. The term of office for the chairperson and other members will
be for six years from the date of appointment and can remain in the post till his/her age
reaches 65 years.

Qualification
• He/She should be a person from the Dalit community and should have significantly

contributed to Dalit welfare, human rights and in the legal field for at least ten
years.

• In case of the chairperson, he/she should hold at least bachelor's degree in human
rights, social justice, sociology or law from the recognized university.

• He/She should have attained the age of forty-five years.

• He/She should not be the member of any political party at the time of appointment
and should possess high moral character.

Functions, Duties and Powers
• It carries out research and studies regarding Dalit community of Nepal so as to

identify legal and institutional reforms to be made and makes a recommendation
to the Government of Nepal.

• It formulates national policies and programs in matters related with ending
caste discrimination, untouchability, suppression and enhances Dalits status and
development, and forwards a recommendation to the Government of Nepal for
implementation.

• It monitors, so as to ensure whether the special provisions and laws related with
Dalit welfare have been implemented or not, and forwards a recommendation
to the government of Nepal, in case these provisions are found not to have been
implemented.

• It reviews or monitors the government of Nepal, so as to ensure that the Government

Oasis Social Studies Grade - 10 175

of Nepal submits the report as signatory to the international treaties and agreements,
as provisioned by those treaties.

• It monitors, reviews and evaluates the policies and programs implemented by
the state to bring Dalit community into the mainstream of national development
such as proportionate representation in all of the state agencies, and forwards a
recommendation to the government of Nepal for an effective implementation of
these provisions.

• It recommends to respective agencies on filing petitions in court according to the
law, against any person or organization if it is deemed necessary on subjects of
discriminations on caste and untouchability or victim of social malpractices or
disallowing or depriving of exercising the right of the Dalits.

National Inclusion Commission

Part 27, article 258-260 of the Constitution of Nepal has the provision of National Inclusion
Commission consisting of a chairperson and four other members. The chairperson and
other members are appointed by the President on the recommendation of Constitutional
Council. The term of office of chairperson and members will be six years from the date of
appointment and can remain in the post till he/she reaches the age of 65 years.

Qualification
He/she should have significantly contributed for at least ten years, in the field of social
inclusion, and in promoting the rights and interests and development of persons with
disability marginalized, minority and backward communities and humans rights.

• In case of chairperson he/she should be a person who has attained at least bachelor's
degree from recognized university

• He/she should have attained the age of forty-five years.

• He/She should not be a member of any political party at the time of appointment
and should possess high moral character.

Functions, Duties and Powers

a. It carries out research and studies for protecting rights and welfare of Khas
Arya, backward class, persons with disability, senior citizens, laborers, peasants,
marginalized and minority communities, people of Karnali region and economically
disadvantaged people.

b. It reviews the policies of the government of Nepal for inclusion of the persons as
mentioned in section (a) above and their implementation, and to forward necessary
recommendation to the government for reform.

c. It conducts study about the rightful representation of the persons as mentioned in
section (a) above in the state mechanisms, and forwards a recommendation to the
Government of Nepal to review the provision to ensure their representation theirin.

d. It studies whether protection, empowerment and development of the persons as
mentioned in section (a) is satisfactory and forwards a recommendation to the
Government of Nepal regarding the policies to be adopted for the future.

176 Oasis Social Studies Grade - 10

e. It recommends the government of Nepal regarding policies and programs to
be implemented for development and prosperity of Karnali and other backward
regions.

f.. It recommends for timely revision in the laws related to minorities and marginalized
communities

g. It monitors the situation of implementation of rights and interests of minorities
and marginalized communities and makes recommendations for revision based on
reports of periodic census and human development indices.

Adibasi Janajati Commission

Part 27, article 261 of the Constitution of Nepal has the provision of Adibasi Janajati
Commission consisting of a chairperson and four members. The chairperson and the
members are appointed by the President on the recommendation of Constitutional
Council. The term of office of chairperson and members will be six years from the date of
appointment.

Qualification, Functions, Duties and Powers
The qualifications, conditions of vacancy, remuneration and conditions of service of the
chairperson and members of Adibasi Janajati Commission and other provisions related
to functions, duties and power of such commission will be according to the federal law.

Madheshi Commission

Part 27, article -262 of the Constitution of Nepal has the provision of Madheshi Commission
consisting of a chairperson and four other members. The chairperson and other members
are appointed by the President on the recommendation of the Constitutional Council. The
terms of office of chairperson and members will be six years from the date of appointment.

Qualification, Function, Duties and Powers
The qualifications, conditions of vacancy, remuneration and condition of service of the
chairperson and the members of Madheshi Commission and other provisions related to
functions, duties and power of such commission shall be according to the federal law.

Tharu Commission

Part 27, article -263 of the Constitution of Nepal has the provision of Tharu Commission
consisting of a chairperson and four other members. The chairperson and other members
are appointed by the President on the recommendation of the Constitutional Council. The
term of office of chairperson and members will be six years from the date of appointment.

Qualification, Function, Duties and Powers
The qualification, conditions of vacancy, remuneration and conditions of service of the
chairperson and the members of Tharu Commission and other provisions related to
function, duties and power of such commission will be according to the federal law.

Oasis Social Studies Grade - 10 177

Muslim Commission

Part 27, article 264 of the Constitution of Nepal has the provision of Muslim Commission
consisting of a chairperson and four other members. The chairperson and other members
are appointed by the President on the recommendation of Constitutional Council. The
term of office of chairperson and members of the commission will be six years from the
date of appointment.

Qualification, Functions, Duties and Powers

The qualification, condition of vacancy, remuneration and conditions of service of the
chairperson and members of Muslim Commission and other provisions related to
functions, duties and power of such commission shall be according to the federal law.

Glossary

accountable - being responsible
defendant - a person or institution against which a case is brought in the

prosecutor court
- a government official who conducts criminal prosecution on
proxy
perpetrator behalf of the state
abetment - acting on behalf of others
petition - one who does illegal task
lodge - an act of helping or encouraging someone in a criminal act
mitigate - a formal written request
covenant - file
deemed - relieve
peasant - treaty
- thought, supposed
- a poor farmer

In-class Activity

Read the press release given at the beginning of this lesson again. And make a list of measures
that can be taken to protect the rights of women and children and to end violence against them.

Exercise

A. Write short answers to the following questions.
1. What is a constitutional body? Justify the need of constitutional bodies.

2. The functions and responsibility of CIAA are very important in a country
like ours. Justify the statement.

3. Which constitutional body acts in the following situations?

178 Oasis Social Studies Grade - 10

a. A member of parliament dies and the seat remains vacant

b. A married woman is tortured by her family

c. A post is vacant in a government office

d. A Chief District Officer has misused the property of the District
Administrative Office

e. Someone has filed a case against the government in the court of law

f. An office has spent development budget for employees’ salary

4. 'In the context of Nepal the National Women Commission is indispensable'.
Justify the statement.

5. How does the National Dalit Commission establish the issues of the Dalits?
Discuss.

6. Divide the class into six groups. Each group takes one constitutional body as
the topic. Prepare a display card or a poster in which you list the functions of
the body. Display it in your class or any other suitable place.

7. In the context of Nepal, write down the importance of the National Inclusion
Commission.

B. Write long answers to the following questions.

1. Write the name of the constitutional bodies and describe them with their
major functions.

2. Make a comparison between the constitutional bodies mentioned in the
Constitution of Nepal and the Interim Constitution of Nepal 2063.

3. How do the Janajati, the Madhesi, the Tharu and the Muslim Commissions
work for the rights of those communities ? Explain.

Self-discovery: Project Work
Recently, the CIAA has filed a lot of cases of corruption and abuse of authority
against high ranking politicians and government officials. Choose a case you like
and prepare a report about it. In your report, include information related to the
following topics:

• Name, post, and background of the person accused

• Reasons why the person is accused

• Measures taken by the CIAA

• If the case is tried in the court, details of the court verdict

Oasis Social Studies Grade - 10 179

Lesson Political Parties

5.5 -/fhgLlts bnx?_

Pre-reading Activity

Read the news about political parties below and discuss the questions that follow.

KATHMANDU, JAN 19, 2015 - Leaders of major political parties have claimed that they are close to a deal
on the outstanding issues of the constitution writing process.
Four days before the January 22 deadline for promulgation of the new constitution, leaders involved in cross-
party negotiations said they could strike a “package deal” once leaders arrive at consensus on the names and
border of provinces, the most contentious of the issues.

Source: e-Kantipur
• What does the news say about the role of political parties?
• What is the “deal” referred to?
• What are political parties and their leaders trying to achieve?
• What do you know about the historical contribution of Nepali political parties in establishing
democracy?

Reading

A political party is a political
organization, formed of people
who share common political beliefs,
interests and goals. It seeks to
influence government policies by
securing seats in parliament or other
bodies through election. In a multi-
party democratic system, the political
party that secures majority of seats through election forms the government. In Nepal,
political parties have an important role to play to institutionalize democracy and ensure
good governance. Some of the major political parties of Nepal are Nepal Communisty
Party, Nepali Congress, Rastriya Janta Party Nepal, Federal Socialist Forum Nepal,
Rastriya Janamorcha, Rastriya Prajatantra Party, Naya Shakti Party Nepal, etc.

The Constitution of Nepal, has made a clear provision for political parties.
According to the constitution, a political party should fulfill the following
conditions for its registration:
●● The constitution and rules of political parties must be democratic.

●● There should be an arrangement of an election of the executive members from
local level to central level, at least once in every five years.

●● There should be the provision of inclusive representation from different sectors
such as backward communities, women, Dalits, and other marginalized groups.

●● There should be a provision for controlling and regulating the activities of its
members and the executives.

180 Oasis Social Studies Grade - 10

Conditions for Registration in the Election Commission

For a political party to take part in an election, it must be registered in the Election
Commission. According to the present constitution, it should follow the following terms
and conditions to be registered in the Election Commission.

i. The party must indicate its name and address of its head office.

ii. It should mention its rules, regulations and election manifesto along with its
application.

iii. It should include the name and address of member of each of the executive
committee or the committee member similar to it.

iv. It should furnish the details of income sources.

v. It should meet all the democratic norms and values prescribed by the Election
Commission.

The Constitution of Nepal prohibits to ban any political party. However, any political
party having the objectives of discriminating Nepali people on the basis of religion, caste,
race, language, and sex cannot be registered in the Election Commission. Similarly, a party
which has the logo and flag of religious or communal nature, with objectives of national
disintegration and division is also disqualified for the registration.

Role of Political Parties

Political parties perform an important task in the government. They provide the connection
between politics and society. They are chief means by which political power is exercised
in the country. The importance of political parties lies in the fact that democracies connot
sustain and work without the existence of political parties. Some of their major roles are
as follows:

i. Function for the working of parliamentary government
ii. Formulate the public policies

iii. Act as a bridge between the government and people

iv. Educate and organize public opinion

v. Make people aware of different political, social and economic issues

vi. Provide political stability to the nation

vii. Help in promoting the principles of democracy

viii. Help in creating the platform for great leaders

ix. Promote human rights and social justice

x. Establish and reinforce Loktantra

xi Involve in public welfare activities

xii. Bring awareness about social problems and evils

xiii. Emphasize on good governance
xiv Facilitate development activities

Oasis Social Studies Grade - 10 181

Role of Political Parties in Establishing Loktantra in Nepal

Political parties of Nepal are historically related to different political movements for
democracy. Political parties actively took part in the democratic movement in 2007 BS
against the autocratic Rana rule. The democratic movement eventually overthrew the
Rana regime. Hence, democracy was introduced in Nepal in 2007 BS. However, political
parties during that time also lacked experience of running the nation. Instead, history has
it that political parties were busy bickering among themselves. This gave an opportunity
for the King to take over the power. In 2015 BS the political parties took part in the first
parliamentary general election with an objective of institutionalizing democracy. King
Mahendra suspended the elected government on 1st Paush and banned the political
parties on 22nd Poush of 2017 B.S. Then, he imposed the rule of a partyless Panchayat
System, through which kings directly ruled the country.

Political parties again actively worked for the restoration of democracy in the country.
After 30 years, the movement for democracy jointly led by the Nepali Congress and the
Unified Leftist Front restored democracy in 2046 BS. The democratic movement of 2046
secured some fundamental rights of people, established the multiparty democratic system
and the constitutional monarchy. Political parties took part in elctions held in 2048, 2051
and 2056.

The Communist Party of Nepal (CPN-Maoist) began an armed insurgency in 2052 B.S.
In the midst of Maoist insurgency, the former King Gynendra took over the political
power on 19 Magh 2061 B.S. and imposed his direct rule on the country. The Seven-Party
Alliance (SPA) and CPN (Maoist) jointly launched People’s Movement-II in 2062. So, the
10-year long Maoist insurgency, known as People’s War (2052-62) and People’s Movement
II that lasted for 19 days ended the active rule of the King. The dissolved House of
Representatives was reactivated on 11th Baishak 2063. The declaration ensured that the
sovereignty and the power to rule rested in people. CPN (Maoist) ended the People’s War.

The SPA and CPN-Maoist promulgated the Interim Constitution of Nepal, 2063, according
to which an all-party Interim Government was formed. The election for the first Constituent
Assembly was held on 28 Chaitra 2064 which elected 601 CA members to draft a new
constitution. But the Constituent Assembly could not draft the constitution and finally got
dissolved on 14th Jestha 2069. The election to the Constituent Assembly was held for the
second time on 4th Mangsir 2070. Again 601 members were given responsibility to draft a
constitution. The political parties were pressurized to give due respect to the mandate of the
people. Finally, after a long political exercise Nepal got the historical constitution named 'The
Constitution of Nepal 2072' on 3rd Ashwin 2072. This constitution is unique in itself in the
sense that it is the constitution made by Nepalese people. Political parties were successful in
giving the constitution, yet another challenge lies ahead of them to implement it and make
the federal system successful.

In this way, the role of the political parties in the establishment of the republic state
reinforcement of democracy, establishment of peace and proclamation of the constitution
through the Constituent Assembly is positive and commendable.

182 Oasis Social Studies Grade - 10

Glossary

constitutional monarchy - a system of government in which the duties and
functions of monarchy are set in the constitution
reinforce - strengthen
bickering - quarreling
insurgency - revolt
promulgate - formulate; to devise

In-class Activity

Divide the class into four groups. As a group, identify a purpose such as preservation of
environment, poverty alleviation, free education to all, etc. Then, form a “party” to work
towards achieving the purpose. Make a list of objectives of the party and decide on the
organizational structure such as Chairperson, Vice-Chairperson, committees, etc.

Exercise

A. Write short answers to the following questions.

1. What is a political party? Make a list of the major political parties of Nepal.
2. What is the importance of political parties in a multi-party democratic system?
3. What are the conditions set for the registration of a political party in the Election

Commission?
4. What roles do you think should a political party play in a democratic country?

Write in brief.
5. Political parties should be inclusive and democratic. Justify the statement.
6. There was an important role of the political parties in the restoration of the

multiparty system of 2046 B.S. Justify the statement.
7. What is multi-party system? Discuss.
8. What are the provisions to open the political parties ? List them out.
9. Why is it prohibited to open the political parties which lead to disintegration of

the nation and instigate the people to cause social and religious disharmony?
10. 'Political parties are the pillars of Loktantra.' Justify the statement with examples.

B. Write long answers to the following questions.

1. Analyse the roles of the political parties after the advent of democracy in 2007 BS.

2. What roles did political parties of Nepal play during the People’s Movement II 2062/63?
3. Collect the political manifestoes of the major political parties and draw out the

major aspects of the manifestos.

Self-discovery: Project Work
What sort of activities have been run by the political parties to extend political
awareness among the people in your community?

Oasis Social Studies Grade - 10 183

Lesson The Election Process

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Pre-reading Activity

Conduct a mock election to select your class representative. First, form a committee of 4-5 students
that is responsible for conducting the election. The committee receives candidacies and then conducts
election, following a procedure of one student-one vote policy. The committee is also responsible for
declaring the victorious candidate.

Reading

The example you set in electing your class
representative is very much like what happens
during a national election. The committee you
formed to conduct election can be taken as a
miniature Election Commission of a nation.

An election is a formal process through which
people choose persons to hold public positions.
The elected individuals act and work as the
representatives of people. Therefore, the election
is indispensable in a democratic society. The
Election Commission of Nepal has the responsibility for conducting fair elections to
ensure the democratic process. By conducting election, as specified in the constitution
and laws, the Election Commission allows people to select their representatives to form
the government and administrative bodies. An
election is necessary to elect representatives at
federal, provincial and local levels. The Election
Commission of Nepal elects the president, the
vice president, members of the federal state,
members of the state legislature and office bearers
of the local agencies. There are various types of
elections which are conducted by the Election
Commission in Nepal.

General Election: An election usually held at
regular intervals in which members of a given
political body are chosen for the parliament. In
the history of Nepal General Election had taken
place on (Falgun 7- Baisakh 21), 2015; Baisakh
27, 2038; Baisakh 29, Jesth 5,12, 2043; Baisakh 29,
2048; and Baisakh 20, Jesth 3, 2056.

By Election: An election which is held to fill
the vacant seat created by a member before the

184 Oasis Social Studies Grade - 10

completion of his/her term. In Nepal it took place on 26 Magh 2048, 28 Magh 2050, 23
Mangshir 2056, 28 Chitra 2065, 8 Ashar 2071 and 28 Chaitra 2071.

Midterm Election: An election where the people elect or choose their parliamentary
representatives in the middle of the term of the executive. It generally takes place when
the government fails to complete its tenure. In Nepal it took place on Kartik 29, 2051.

Local Election: An election which generally takes place at local level to choose the local
body (Rural Municipalities, Municipalities, etc). In Nepal it had taken place in 2004, on
Jesth 15, 18, 2049; Jesth 4, 13, 2054; and Magh 26, 2062; and Baisakh 31, Ashad 14 and
Ashoj 2, 2074.

Referendum: An election which is conducted to decide any national issue through popular
vote. In it, legitimate voters are offered two choices. In Nepal it occured on Baisakh 20,
2037.

Constituent Assembly: It is an assembly of people's representatives associated with
the task of drafting a constitution. It took place in Nepal on Chaitra 28, 2064 and
Mangsir 4, 2070.

In order to conduct fair elections, the Election Commission acts through various units.

1. Election Commission : At the centre

2. Election officers/ Returning officers : In each district

3. Polling officers : At the polling centres

1. Election Commission: To conduct election
at the national level, a central Election
Commission is formed. It appoints other
officers and returning officers in the
constituencies and polling centres. Its major
functions and responsibilities are:

1. Maintain list of polling centres

2. Carry out all the preliminary functions
related to elections

3. Maintain commission correspondence after the declaration of election dates

4. Maintain list of village committees, municipalities and wards around the
nation

5. Arrange programmes that maintain coordination between offices of the chief
election commissioner, election officers and the returning officers

6. Prepare campaign material for both print and electronic media, etc

2. Election officers/Returning officers: After the declaration of election, the Election
Commission appoints election officers. The election officer has the following duties
and responsibilities:

1. Manage voter registration site

Oasis Social Studies Grade - 10 185

2. Assist returning officers and Election Commission

3. Verify registration validity of the voters

4. Prepare electoral news

5. Prepare ballots

6. Certify election results to the public and secretary of state

7. Prepare election forms

8. Record the election results in permanent records, etc.

3. Polling Officers: Polling officers are appointed to conduct the election or poll in
the polling centres. The officers are selected from among civil servants. Number of
returning officers are determined based on the number of polling centres.

The polling officers should manage all activities regarding election like the
arrangement of the polling centres, security and management of polling. If necessary,
the officer can postpone the election and undertake investigation and make a quick
decision on the complaint about the vote cast, proxy vote or any other problems.
Informally, the officer can co-operate and take help from the activists of local political
parties, intellectuals and other important persons of the area. It deposits the ballot
boxes to the concerned centre. If necessary, the polling officer has got an authority to
count votes of the local level election.

The Electoral Roll or the Voters’ List: An
electoral roll means the name list of the
voters who are enlisted by the Election
Commission. Each year, the Election
Commission updates the voters list by
adding the names of new voters who have
attained 18 years and the citizens who are
eligible to cast votes but missed to register
their names. It also omits names of those
who have died or migrated to another
place. One who has not registered in the
voter's list cannot be a candidate for any
election.

Ballot Paper: It is a paper used for voting
in a ballot or in an election. The ballot
paper consists of different symbols of
different parties.

Voter's Identity Card: Voter's Identity
Card is a must to participate in any
election. There are voter's name, address,
identity card no. and voter's photo in it.

186 Oasis Social Studies Grade - 10

Polling Centres and Sub-Polling Centres (Polling Locations): For the purpose of casting
votes, suitable places are selected where people feel secure, comfortable and convenient.
The centre should be suitable from security point of view too.

Qualifications of the Candidate: To be a candidate in an election for different posts,
the person should be qualified according to the criteria set in the existing laws and the
constitution. According to the Constitution of Nepal, a member of the federal parliament
should have the following qualifications:

●● Must be a Nepali citizen.

●● Must be at least 25 years of age.

●● Should not have been punished for any criminal
offence involving moral wrong doing.

●● Should not be ineligible under any law.
●● Should not be holding any post that pays salary.

Age bar of the candidates in different post:

a. The president/the vice president must be
at least 45 years of age.

b. Members of the federal parliament must
be at least 25 years of age for the House
of Representatives and 35 years of age
for the National Assembly.

c. Members of Provincial Assembly must Voter's Identity Card
be at least 25 years of age

d. The chairperson/the vice chairperson or members and the Mayor and the
Deputy or members must be at least 21 years of age.

e. Village Assembly/Municipal Assembly member must be at least 21 years
of age.

Glossary

miniature - very small
indispensable - very important and necessary
preliminary - beginning
proxy - acting on behalf of others

In-class Activity

Recently, the public perception of political parties has not been very positive. Discuss some of
the reasons behind the negative perception of political parties and offer suggestions as to what
political parties can do to improve their public image.

Oasis Social Studies Grade - 10 187

Exercise

A. Write short answers to the following questions.
1. In some of the countries of the world there is a provision of rejection of vote.

It is also called none of the above (NOTA). Is this provision suitable or not in
Nepalese context? Write with reasons.
2. Write down the qualifications required for the members of provincial
assembly and Village/Municipal Assembly.
3. Write down the major tasks of polling officers.
4. What are the qualifications required for the members of the federal
parliament?
5. A lot of ballots cast by people become invalid as people often stamp the
ballot inappropriately. How can this problem be minimized? Give any four
suggestions.
6. Nepal also started using Electronic Voting Machine (EVM) instead of using
stamp in a ballot paper. What sort of ease and complexity can come in using
this machine? Write down in points.
B.. Write long answers to the following questions .
1. What is election? How is it conducted? Explain.
2. What is an election process? Why is it important in a democratic society?

Self-discovery: Project Work
Many of you are yet to reach 18 years to be eligible to vote in a real election. However,
you can experience the election process in your classroom. Organize an election
through which you can elect your class captain or any such class representative.
For this, form an election committee responsible for conducting the election. The
election committee makes necessary arrangement for ballots, registers the names
of the candidates and conducts the election. The committee is also responsible for
counting votes and announcing the name of the winner.

188 Oasis Social Studies Grade - 10

Lesson Role of a Citizen in
an Election
5.7
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Pre-reading Activity

Voting has a key role in democracy. It is extremely essential for every citizen to cast his/her vote in an
election. Citizens must vote for an honest, selfless and competent candidate. The contestant should
have a broad vision and secular outlook. We should not vote for any candidate in return for any
personal favour and should not succumb to any temptation. Ask your parents whether they have
given votes to the right person or not.

Reading

Dear Tashi,

I am very happy when I received your e-mail
yesterday. I am happy to know that now you
are eligible to vote in the coming election. It is
your right and duty to cast vote in the election.
You have asked me about the role of a citizen
during an election. It also strikes me because
I had not thought about it yet. So I asked the
same question to a member of the Election
Commission. I have written to you what he
told me. I think you should be happy to read
it. There are following duties of a citizen in the
election:

Before Election
●● Add voters names in the electoral roll, correct the names, if wrongly enlisted and

remove the names of the dead and those who migrated or married off.

●● Inform the people to have their names included in the voters’ list if their family
members have attained 18 years of age at the end of Chaitra.

●● Correct the name, age, family name in each Baishakh to see if they are wrongly
written.

●● Give knowledge or information about the election process and importance of
election to the local people.

●● Explain the meaning of voting right, adult franchise, and the value of a vote in any
democratic country.

●● Tell the citizens to take part in election if the existing laws qualify them.

Oasis Social Studies Grade - 10 189

During Election
●● Canvass the people about political parties, their candidates, and respective symbols

used for the election.

●● Tell people how to stamp the ballot paper correctly and how to insert it in the
ballot box.

●● Explain the election manifesto of respective political parties and their policies and
vision towards the country, society and people.

●● Do not be influenced by any kind of bribery, intimidation, and false promise while
casting vote.

●● Do not cast vote in fear and not change the voting right from the pressure of other
person or party.

●● Stand in a queue and wait for your turn patiently.

●● Support and help the aged, disabled and needy people.

●● Help the electoral authorities to maintain law and order.

●● Go in a right time during the day of election.

After Election
●● Wait for the result patiently and respect the outcome.

●● Do not be overexcited when the result is in your favour and depressed when it is
in others' favour. You have to accept it as a democratic process.

●● Help in cleaning your local area by removing pamphlets and banners of the
political parties.

It is a role not only of you, but also of all the citizens, civil society, political parties, and
intellectuals to support the election process and make people aware of the meaning and
importance of election. Similarly, students like you can help the ward office of rural
municipality and municipality in updating the electoral roll in every Baishakh.

To discourage proxy voting and other illegal activities on the election day, the Election
Commission has started issuing identity cards. It will discourage irregularity in election.

With best regards
Dolma

Glossary

election manifesto - published prospectus of a party setting out the policy,
mission, vision and strategy for the election
canvass
intimidation - to go to different places to get political support
adult franchise
- act of scaring or terrifying

- the right to vote

190 Oasis Social Studies Grade - 10

In-class Activity

You met a man who was very much pleased after casting the vote. You found him overexcited
when his favourite candidate won in the election. But, he showed lots of dissatisfactions
regarding the election process. Based upon his grievances, write a letter to the disctrict election
office asking reforms to be taken for it.

Exercise

A. Write short answers to the following questions.
1. What is adult franchise? How would you convince your family members
who don't want to cast their votes?

2. As a citizen, what can you do during an election even if you are not eligible
to vote due to age limitation?

3. What are the possible results, if everyone neglects the norms and values of an
election?

C. Write long answers to the following questions.
1. Draft a dialogue between two friends highlighting the roles of citizens before,
during and after election.

2. Write a letter to your sister explaining the importance of election and selecting
the right candidates. Encourage her to take part in the election activities to
contribute to democracy.

Highlights of the Constituent Assembly Election 2013 (2070)

Election Date 19 November, 2013
Time (Mangsir 4, 2070)

07:00 am- 05:00pm

Male 5,980,881 (49.09%)

Total voters Female 6,166,829 (50.77%)

Third gender 155 (0.21%)

Registered parties 130
Participated 122
Election Observations 57 Groups
Domestic 54 Groups
International 03 Groups: Carter Centre,
ANFREL and EUEOM

Staff Deployed 250,000 Voters Turnout

Total Constituencies 240 FPTP Turnout% Invalid votes%
Polling Locations 10,013 PR 78.34 4.96
Polling Centres 18,438 79.82 3.20

Oasis Social Studies Grade - 10 191

Election System

Mixed }FPTP (first past the post) Parallel

PR (Proportional Representation)
(Nominated by the Cabinet)

26

FPTP
(240) Total seats

601

PR
(335)

Total Candidates 16,835 PR Candidates
Male : 5418
FPTP Candidates Female : 5291
Male : 5458
Female : 667
Third Gender : 1

FPTP
(6126)

PR 16,836
(10,709)

FPTP Winners PR Winners
Male : 230 Male : 173
Female : 10 Female : 162

Overall Female Candidacy 35.39%
Source: Election Commission, Nepal

192 Oasis Social Studies Grade - 10

Lesson Human Rights

5.8 and National and
International Agencies

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Pre-reading Activity

Read the article 21 of UN Declaration of Universal Human Rights and discuss
the questions that follow.

Article 21

(1) Everyone has the right to take part in the government of his country, directly or through freely
chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this shall be expressed
in periodic and genuine elections which shall be by universal and equal suffrage and shall be
held by secret vote or by equivalent free voting procedures.

• As a citizen of this country, what right do you have?
• How can you participate in the government to enjoy your human rights?
• How does a government derive its power and authority?

Reading

These days, democracy, human rights, and freedom have become
the universally acknowledged conditions for a human society.
Among them, human rights hold the important position. Human
rights are not only limited to a nation or a territory; rather, they
have become a global issue. The concept of human rights emerged
after the World War II. Especially Eleanor Roosevelt, the wife of
former American president Franklin Roosevelt, contributed much
for the declaration of human rights on December 10, 1948 through
the General Assembly of the UNO. She was an industrious and
ideal woman. She fought for the rights of human beings. With her
support and encouragement, Franklin Roosevelt, a polio victim, endured and overcame
disability to become the president of the United States.

What are Human Rights?

Generally, human rights means the right of an individual to develop his or her personality.
According to the UN, “human rights are rights inherent to all human beings, whatever our
nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or
any other status.” These universally held human rights, according to UN, “are guaranteed
by law, in the forms of treaties, customary international law, general principles and other
sources of international law.” Therefore, it is the obligation of a country or a government
to uphold human rights and promote individual freedom.

Oasis Social Studies Grade - 10 193

Differences between Human Rights and Fundamental Rights

Human rights Fundamental rights

Human rights are a broad expression. Fundamental rights are a relatively
narrower expression.

They are basically concerned with the They are concerned with the citizens.
human being.

Human rights fall under the international Fundamental rights come under national

laws. laws.

Human rights are also known as natural Fundamental rights are also known as

rights or unalienable rights. civil rights, constitutional rights and basic

rights.

Human rights are the same in all the Fundamental rights differ from country to

countries, i.e. they are universal. country.

They do not have legal obligations and are They have legal obligations and are

not enforceable in courts. enforceable in a court of law.

Besides these there are limited rights in fundamental rights. The universal declaration of
human rights was made in 1948. It has 30 articles.

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status. Furthermore, no
distinction shall be made on the basis of the political, jurisdictional or international status
of the country or territory to which a person belongs, whether it be independent, trust,
non-self governing or under any other limitation of sovereignty.

Article 3
Everyone has the right to life, liberty and security of a person.

Article 4
No-one shall be held in slavery or servitude, slavery and the slave trade shall be prohibited
in all their forms.

Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.

Article 6
Everyone has the right to recognition everywhere as a person before the law.

194 Oasis Social Studies Grade - 10

Article 7
All are equal before the law and are entitled without any discrimination to equal protection
of the law. All are entitled to equal protection against any discrimination in violation of
this Declaration and against any incitement to such discrimination.

Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted to him by the constitution or by law.

Article 9
No one shall be subjected to arbitrary arrest, detention or exile.

Article 10
Everyone is entitled to full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.

Article 11

1. Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defense.

2. No one shall be held guilty of any penal offence on account of any act or omission
which did not constitute a penal offence, under national or international law, at the
time when it was committed. Nor shall a heavier penalty be imposed than the one
that was applicable at the time the penal offence was committed.

Article12
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to
the protection of the law against such interference or attacks.

Article 13

1. Everyone has the right to freedom of movement and residence within the border of
each state.

2. Everyone has the right to leave any country, including his own, and to return to his
country.

Article 14

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.

2. This right may not be invoked in the case of prosecutions of genuinely arising from
non-political crimes or from acts contrary to the purposes and principles of the
United Nations.

Oasis Social Studies Grade - 10 195

Article 15

1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of his nationality nor denied the right to change
his nationality.

Article 16

1. Men and women of full age, without any limitation to race, nationality or religion
have the right to marry and to found a family. They are entitled to equal rights as to
marriage, during marriage and its dissolution.

Article 17

1. Everyone has the right to own property alone as well as in association with others.

2. No one shall be arbitrarily deprived of his property.

Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion or belief in teaching, practise,
worship and observance.

Article 19
Everyone has the right to freedom of opinion or expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.

Article 20

1. Everyone has the right to freedom of peaceful assembly and association.

2. Noone may be compelled to belong to an association.

Article 21

1. Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives.

2. Everyone has the right of equal access to public service in his country.

3. The will of the people shall be the basis of the authority of government; this will/
shall be expressed in periodic and genuine elections which shall be by universal
and equal suffrage and shall be held by secret vote or by equivalent free voting
procedures.

Article 22
Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with

196 Oasis Social Studies Grade - 10

the organization and resources of each state, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.

Article 23

1. Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.

2. Everyone, without any discrimination, has the right to equal pay for equal work.

3. Everyone who works has the right to just and favorable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.

4. Everyone has the right to form and to join trade unions for the protection of his
interests.

Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.

Article 25

1. Everyone has the right to a standard or living adequate for the health and well-being
of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.

2. Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

1. Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary education shall be compulsory. Technical and
professional education shall be made generally available and higher education shall
be equally accessible to all on the basis of merit.

2. Education shall be directed to the full development of the human personality
and to the strengthening of respect for human rights and fundamental freedoms.
It shall promote understanding, tolerance and friendship among all nations, racial
or religious groups, and shall further the activities of the United Nations for the
maintenance of peace.

3. Parents have a prior right to choose the kind of education that shall be given to their
children.

Article 27

1. Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits.

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2. Everyone has the right to the protection of the moral and material interests resulting
from any scientific, literary or artistic production of which he is the author.

Article 28

1. Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.

Article 29

1. Everyone has duties to the community in which alone the free and full development
of his personality is possible.

2. In the exercise of his rights and freedoms, everyone shall be subject only to all
limitations as are determined by law solely for the purpose of securing due
recognition and respect for the rights and freedoms of others and of meeting the
just requirements of morality, public order and the general welfare in a democratic
society.

3. These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or person
any right to any age in any activity or to perform any act aimed at the destruction of any
of the rights and freedoms set forth herein.

Today many NGOs and INGOs dedicate their efforts to protecting human rights and
ending human rights abuse. Some of the important organizations are as follows:

National Alliance for Human Rights Social Justice-Nepal (Human
Rights Alliance)

It is a national level umbrella body of over 1500 Nepali human rights
organizations. It advocates for the society against violence, torture,
oppression, exploitation and injustice. Some of its major functions are :

• to consolidate human rights and social justice movement at the
grass roots level through social mobilization

• to sensitive, advocate and launch programs for the protection, promotion, and
enjoyment of human rights and social justice in the fearless environment

• to monitor and evaluate the observance of all human rights instruments ratified by
Nepal

• to promote and create academic institutions for human rights and development
studies

• to work towards the institutional development of a social justice system that respects
human rights in all aspects of development

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Office of the High Commissioner for Human Rights (OHCHR)

OHCHR is one of the agencies of the UN that works to protect and
promote human rights as guaranteed in the Universal Declaration of
Human Rights of 1948. It was established on 20 December 1993 Some
of its major functions are as follows:

• to promote universal enjoyment of all human rights promising
and showing practical effect of its action

• to play the leading role on human right issues emphasizing the importance of
human rights at the national and international levels

• to promote international co-operation for human rights
• to support human rights organs and treaty monitoring bodies
• to respond to serious violations of human rights
• to undertake preventive human rights action
• to promote the establishment of national human rights infrastructure

• to undertake human rights field activities and operations

• to provide education, information advisory services and technical assistance in the
field of human rights.

Informal Sector Service Center (INSEC) Nepal

It works for the protection and promotion of human rights in
Nepal. Human rights activists Prakash Kaphley and Sushil
Pyakurel founded it in 1988AD. It has been established to protect
human rights of the people involved in informal sectors. Every
year it publishes Human Rights Year Book. Its major functions
include the following:

• to campaign, create awareness and conduct educational programmers in order to
enable people to assert their civil and political rights

• to document the human rights situation of Nepal and disseminate their finding in
national and international arenas

• to educate, monitor, lobby, advocate, research and give training on issues related to
human rights

• to work with different disadvantaged, marginalized and vulnerable groups

National Human Rights Commission (NHRC)

It is an independent and autonomous constitutional body of Nepal. Many of its tasks
coincide with the task of the NHRCs of the world. It was established in BS 2057. Its main
slogan is dignity, equality and justice for all. Some of the major functions of NHRCs are

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as follows:

• to issue annual reports of human rights

• to hold public sitting regarding large scale and systematic
violation of human rights

• to advise governmental and non-governmental agencies on
different issues of human rights

• to promote and protect human rights

Amnesty International

Amnesty International is a grassroots activist
non-governmental organization that focuses on
different issues related to human rights. It was
founded by Peter Benson in the United Kingdom
in 1961 AD. It has been working to control human
rights violation incidents and to provide justice to the people deprived of human rights.
It got the Nobel Peace Prize in 1977 AD and United Nations Human Rights Prize for its
campaign against torture. Similarly, Nutan Thapaliya, a lawyer established it in Nepal in
1969 AD. Some of its major functions are as follows:

• to work on the cases of victims of human rights violations, as well as numerous
other actions like torture, women's rights, the rights of refugees, etc.

• To promote all the rights set out in the United Nations Universal Declaration of
Human Rights

• to seek fair and prompt trials for all political prisoners; the abolition of torture,
other forms of cruel treatment and the death penalty; and an end to disappearances
and extra judicial executions

• to lobby international economic organizations, such as the IMF and the World Bank,
to ensure that their activities do not contribute to human rights violations

Human Rights Watch (HRW)

Human Rights Watch is an international non-governmental
organization that conducts research and advocacy on human
rights. It was founded in 1978 AD. It is known for its accurate
fact finding, impartial reporting, effective use of media, and
targeted advocacy with the help of local human rights groups.
Some of its major functions are as follows:

• to conduct fact finding investigations of human rights
abuses and monitor various countries to ensure that are not in violation of the
Universal Declaration of Human Rights

• to carefully investigate abuses, explore the facts widely and pressure those with

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