Nepal’s federal security gap: Provinces have constitutional authority, CDOs exercise real power

Nepal's security governance faces a significant disconnect between constitutional authority and on-the-ground power. While the 2015 federal constitution vests provincial governments with exclusive authority over peace and security, the reality is that Chief District Officers (CDOs) continue to wield significant power, operating under the old Local Administration Act of 1971.

This outdated legal framework predates the federal system and does not recognize districts as administrative units. Consequently, CDOs, appointed and answerable to the federal Ministry of Home Affairs in Kathmandu, make critical decisions regarding police deployment, curfews, and even the potential involvement of the Nepali Army. This was evident in recent incidents in Sunsari and Morang districts of Koshi province, and in Dhanusha and Siraha of Madhesh Province, where CDOs imposed curfews and banned religious music to prevent escalating tensions.

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Just as the Rana rulers used to appoint Patwaris and Ditthas (handpicked local officials), the federal government is now continuing to send CDOs.

Provincial internal affairs ministries, despite being constitutionally responsible for peace and security, remain largely sidelined. CDOs do not report to them, nor do they consider themselves accountable to provincial governments. This situation has led to frustration among province-level leaders and analysts, who argue that Nepal's federal system is not functioning as intended in security matters. Kedar Karki, former Koshi internal affairs minister, likened the federal government's continued control through CDOs to the practices of past rulers who appointed handpicked local officials, arguing that this practice undermines provincial authority.

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Peace and security is the most important authority of the provincial gov