Nepal’s new constitution, drafted in 2015, is a landmark when it comes to strengthening grassroots democracy for it has granted around two dozen rights to the local government. Formed following the historic elections in 2017, the local levels enjoy 22 exclusive rights and share 15 others with the centre and States. Schedule-8 of the new constitution stipulates that the local bodies will have powers to constitute town police, run cooperatives, operate FM radios and community schools, and collect various types of taxes, including property tax, house rent tax, land and building registration fees, among others. The local governments can plan for local, rural and agricultural roads and irrigation projects to enhance agriculture development. Unlike the States, they are autonomous and the centre cannot strip them of their constitutional rights. They are free to identify problems, marshal resources and implement the development projects based on the broader consultations of stakeholders and participation of the local people.

The successfully held local polls were hailed as a triumph of Nepal’s unique model of democracy, empowering the people living on the margins of the society such as women, Dalits and ethnic groups, marginalised regions and communities. As an integral part of newly adopted federal structure, the local governments brought thousands of women into the decision-making platforms, a rare political feat in the region. The elected local leaderships are viewed as catalytic actors in unleashing local development and prosperity. However, all was not well with the local bodies as they got down to business. They have been obliged to judiciously utilise financial resources generated at the local levels and allocated by the federal government. Instead of spending the taxpayers’ money for the development of basic infrastructure and public amenities, many elected officials have got their snout in the trough. Mocking the rule of law, the local governments of six States themselves enacted laws to make sure that they get monthly salaries and perks from the state’s coffers. Billions of rupees have already been spent for their remuneration and facilities. Though the elected officials in State 1 have not received salary, they have been enjoying hefty amount in the form of meeting allowance and other benefits.

Such spending contravenes the fiscal ethics and constitutional provision so the Supreme Court on Friday invalidated the remuneration and allowances received by the elected local officials. Responding to public interest litigation (PIL), filed by advocate Lokendra Bahadur Oli, a five-member constitutional bench, chaired by Chief Justice Cholendra SJB Rana, annulled the phrase ‘monthly salary’ from the respective schedules of the State laws. Chief and deputy chiefs of 77 district coordination committees and the chiefs, deputy chiefs and office-bearers of ward committees of the 753 local governments have been receiving the monthly salaries or allowances for discharging their political duty. Nepal’s constitution does not permit the elected officials to take the salary and remuneration for their political tasks. In fact, the elected leaders should be a model for the masses. The commoners have pinned high hopes on their representatives for bringing a meaningful change in their lives. The apex court’s verdict is praiseworthy and the elected officials should abide by it, taking it as an opportunity to rectify their fiscal lapses.