The government of Province 2, which has irked the federal government by bringing its own police bill before the federal one, has not sent the bill for endorsement by the center.
"Don't ask me about this issue. Ask the chief minister. He will provide answers. How can I endorse it when I have not received it?" Chief of Province 2 Ratneshwore Kayastha, the federal government's representative in the province, told Setopati.
CM Lal Babu Raut, who has already been warned by CPN Chairman Pushpa Kamal Dahal to not bypass the federal government, has downplayed the significance of endorsement. "That is not a big deal. It can be endorsed today itself if we so wish," he added.
Minister for Federal Affairs Lal Babu Pandit had earlier opined that the provincial police act will not be implemented as there is no meaning of drafting a provincial bill before the federal one is brought.
CM Raut argued that nobody should take exception to the provincial bill as the bill mentions that police integration and formation of the organization will be done once the federal act comes into force. "We have not brought the police bill just for the sake of show-off and it has been brought for implementation. It has been prepared on the basis of the rights vested by the constitution on us," he stated. "Police act will be implemented as it is ours but we have yet to prepare regulations and working procedure for that. It will take time."
He also urged the federal government to cooperate by bringing the federal legislation soon. "It would be easier for us if the federal law is formulated sooner," he added.
Province 2 brought its own legislation stating that the state of law and order in the province is getting sensitive and the people have started to ask questions of the provincial government due to the issue.
Article 268(2) of the constitution states that each province will have its own police force. Clause 3 in the same Article states 'Matters relating to the operation, supervision and coordination of functions to be discharged by the Nepal Police and the state police shall be as provided for in the Federal law.'
The provincial and federal governments have interpreted these two clauses differently and are putting their respective arguments forward.
The federal government claims that the federal law should be formulated first as it should have provision for operation, supervision and coordination of provincial police.
The provincial government, on the other hand, contends that the constitution authorizes it to formulate law and it does not explicitly mention that the provincial laws should be formulated only after federal laws.
