Contrary to the provision guaranteed by earlier constitutions including the Interim Constitution-2007, the statute draft does not list “improper conduct” of public servants as an area of the corruption watchdog’s jurisdiction. Improper conduct, which is generally defined as abuse of authority, is a lesser evil compared to corruption, and its impact is huge in least developed nations like Nepal.

The annual report (2014) of Transparency International, a Berlin-based watchdog, ranks Nepal 126th (highly corrupt) among 175 countries in its Corruption Perceptions Index. The survey named the political parties and public servants most corrupt institutions in Nepal.

The provisions come at a time when preparations were under way to expand the CIAA’s jurisdiction in view of controlling private sector corruption by bringing judiciary, I/NGOs, banking and financial institutions, the Army and the business community under its ambit.

There were frictions recently between Parliament and the CIAA after its Chief Commissioner Lokman Singh Karki instructed the Energy Ministry to scrap the licence of 14 hydropower companies.

In November last year, the CIAA submitted a proposal to the Cabinet for amending some prominent corruption laws that are inconsistent with the United Nations Convention against Corruption.

The political leadership, however, is sitting on the proposal for amendments to key anti-graft laws—CIAA Act-2002, Corruption Prevention Act-2002, Company Act-2006, Financial Procedure Act-2055, and Audit Act-1991.

Experts on corruption affairs have termed the draft constitution a “regressive” document prepared by the political class to protect their wrongdoings. They said weaker provisions were incorporated to weaken the anti-graft body’s performance. “The political class barred the CIAA from probing improper conduct, with the intent of averting possible action against them,” said former CIAA chief commissioner Suryanath Upadhyay.

The CIAA has so far exercised its sole power of arresting public servants, taking them into custody and filing chargesheets against them on the basis of investigation.

“The proposed provisions paralyse the CIAA, leaving no difference between it and a police official,” said Upadhyay.

The constitutional commission has established five regional offices. Leaders involved in the constitution drafting process say the CIAA’s power to investigate into officials’ misconduct and make recommendations to the authorities was withdrawn in consensus among the major parties. They argue that the CIAA should not have both jurisdictions of probing improper conduct and corruption at the same time.

“Controlling misconduct is the duty of the concerned office or the government, not the CIAA’s,” said Nepali Congress lawmaker Ramesh Lekhak, who is a member of the Constitution Drafting Committee.

According to CA members, senior leaders have reached an understanding to empower the National Vigilance Centre, an anti-graft body directly supervised by the prime minister. However, the constitution is silent on giving the NVC the mandate to look into the misconduct of public servants.

•      Corruption watchdog stripped of powers to probe public officials’ ‘improper conduct’
•     Plans to empower National Vigilance Centre
•     CIAA ‘burden to decrease 40 percent’
•     Newly opened 5 regional centres ‘may be jobless’

The difference

Interim Constitution

Article 120: Functions, duties and powers of the CIAA

(1) The CIAA may conduct inquiries into, and investigations of, any abuse of authority committed, through improper conduct or corruption by a person holding any public office.

(3) If the CIAA finds, upon inquiry and investigation conducted pursuant to Clause (1), that a person holding any public office has misused authority by committing any act which is defined by law as an improper conduct, it may admonish such person or write to the concerned authority for taking departmental action ...

(4) If it finds that a person holding any public office has committed an act of corruption, it may file a case against such person and any other person involved in that offence in a court.

Draft constitution

Article 238:

1) The CIAA may investigate into a corruption case involving a public position holder by abusing his/her authority