Discuss the modalities of formation of federal states in brief.​

(1) The main structure of the Federal Democratic Republic of

Nepal shall be of three levels, namely the Federation, the State and the Local level.

(2) The Federation, State and Local levels shall exercise the power of

State of Nepal pursuant to this Constitution and law.

(3) There shall be States consisting of the Districts as mentioned in

Schedule-4 existing in Nepal at the time of commencement of this Constitution.

(4) There shall be Village Institutions, Municipalities and District

Assemblies under the Local level. The number of Wards in a Village Institution

and Municipality shall be as provided for in the Federal law.

(5) Any Special, Protected or Autonomous Region can be set by the

Federal law for social, cultural protection or economic development

(6) The Federation, State and Local levels shall protect Nepal’s freedom,

sovereignty, territorial integrity, independence, national interest, overall

development, multi-party, competitive, democratic, republican, federal system of

governance, human rights and fundamental rights, rule of law, separation of

powers and check and balance, egalitarian society based on pluralism and equality,

inclusive representation and identity.

57. Distribution of State power:

(1) The powers of the Federation shall be vested in

the matters enumerated in Schedule-5, and such powers shall be exercised

pursuant to this Constitution and the Federal law.

(2) The powers of a State shall be vested in the matters enumerated in

Schedule-6, and such powers shall be exercised pursuant to this Constitution and

the State law.

(3) The concurrent powers of the Federation and the State shall be

vested in the matters enumerated in Schedule-7, and such powers shall be

exercised pursuant to this Constitution, the Federal law and the State law.

(4) The powers of the Local level shall be vested in the matters

enumerated in Schedule-8, and such powers shall be exercised pursuant to this

Constitution and the law made by the Village Assembly or Municipal Assembly.

(5) The concurrent powers of the Federation, State and Local levels

shall be vested in the matters enumerated in Schedule-9, and such powers shall be

exercised pursuant to this Constitution, the Federal law, the State law and the law

made by the Village Assembly or Municipal Assembly.

(6) Any law to be made by the State Assembly, Village Assembly or

Municipal Assembly pursuant to clause (3) or (5) shall be so made as not to be

inconsistent with the Federal law, and any law made by the State Assembly,

Village Assembly or Municipal Assembly which is inconsistent with the Federal

law shall be invalid to the extent of such inconsistency.

(7) Any law to be made by the Village Assembly or Municipal

Assembly pursuant to clause (5) shall be so made as not to be inconsistent with the

State law, and any law made by the Village Assembly or Municipal Assembly

which is inconsistent with the State law shall be invalid to the extent of such

inconsistency.

58. Residual powers: The Federation shall have power on any matter not enumerated

in the Federal List, State List, List of Local level or Concurrent List or on any

matter which is not so specified in this Constitution as to be exercised by any

level.

isb

explanation:

ahw

answer; code of federal regulations;