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"question": "What does the Constitution say about ' '?",
"answer": "1 \n \n \n \n \nTHE CONSTITUTION OF NEPAL \n \n2 \n Table of Content s \n \nPreamble \nPart-1 \nPreliminary \nPart-2 \nCitizenship \nPart-3 \nFundamental Rights and Duties \nPart-4 \nDirective Principles, Policies and Obligations of the State \nPart-5 \nStructure of State and Distribution of State Power \nPart -6 \nPresident and Vice -President \nPart-7 \nFederal Executive \nPart-8 \nFederal Legislature \nPart-9 \nFederal Legislative Procedures \nPart-10 \nFederal Financial Procedures \nPart-11 \nJudiciary \nPart-12 \nAttorney General \nPart-13 \nState Executive \n3 \n Part-14 \nState Legislature \nPart- 15 \nState Legislative Procedures \nPart-16 \nState Financial Procedures \nPart-17 \nLocal Executive \nPart-18 \nLocal Legislature \nPart-19 \nLocal Financial Procedures \nPart-20 \nInterre lations between Federation, State and Local level \nPart- 21 \nCommission for the Investigation of Abuse of Authority \nPart-22 \nAuditor General \nPart -23 \nPublic Service Commission \nPart-24 \nElection Commission \nPart-25 \nNational Human Rights Commission \nPart -26 \nNational Natural Resources and Fiscal Commission \nPart -27 \nOther Commissions \nPart -28 \n4 \n Provision Relating National Security \nPart- 29 \nProvision relating to Political Parties \nPart- 30 \nEmergency Power \nPart- 31 \nAmendment to the Constitution \nPart- 32 \nMiscellaneous \nPart- 33 \nTransitional Provisions \nPart- 34 \nDefinitions and Interpretation \nPart- 35 \nShort Title, Commencement and Repeal \nSchedule - 1 \nNational Flag of Nepal \nSchedule -2 \nNational Anthem of Nepal \nSchedule -3 \nCoat of Arms of Nepal \nSchedule -4 \nStates and Districts to be included in the States \nSchedule - 5 \nList of Federal Power \nSchedule - 6 \nList of State Power \nSchedule - 7 \nList of Concurrent Powers of Federation and State \n5 \n Schedule - 8 \nList of Local level Power \nSchedule - 9 \nList of Concurrent Power of Federation, State and Local level \n \n \n6 \n The Constitution of Nepal \nDate of Publication in Nepal Gazette \n20 September 2015 (2072.6.3) \nPreamble : \nWe, the Sovere ign People of Nepal, \nInternalizing the people's sovereign right and right to autonomy and self -rule, while \nmaintaining freedom, sovereignty, territorial integrity, national unity, independence \nand dignity of Nepal, \nRecalling the glorious history of historic people's movements, armed conflict, \ndedication and sacri fice undertaken by the Nepalese people at times for the interest of \nthe nation, democracy and progressive changes , and respecting for the martyrs and \ndisappeared and victim citizens, \nEnding all forms of discrimination and oppression created by the feudalis tic, \nautocratic, centralized, unitary system of governance, \nProtecting and promoting social and cultural solidarity, tolerance and harmony, and \nunity in diversity by recognizing the multi -ethnic, multi -lingual, multi -religious, \nmulti -cultural and diverse r egional characteristics, resolving to build an egalitarian \nsociety founded on the propo rtional inclusive and participato ry principles in order to \nensure economic equality, prosperity and social justice , by eliminating discrimination \nbased on class, caste , region, language, religion and gender and all forms of caste -\nbased untouchability , and \nBeing committed to socialism based on democratic norms and values including the \npeople's competitive multiparty democratic system of governance, civil liberties, \nfundamental rights, human rights, adult franchise, periodic elections, full freedom of \nthe press, and independent, impartial and competent judiciary and concept of the rule \nof law, and build a prosperous nation, \n7 \n Do hereby pass and promulgate this Constitution, through the Constituent Assembly, \nin order to fulfil the aspirations for sustainable peace, good governance, development \nand prosperity through the federal , democratic , republic an, system of governance. \n \n8 \n Part-1 \nPreliminary \n1. Constitution as the fundamen tal law: (1) This Constitution is the fundamental \nlaw of Nepal. Any law inconsistent with this Constitution shall, to the extent of \nsuch inconsistency, be void. \n (2) It shall be the duty of every person to observe this Constitution. \n2. Sovereignty and state a uthority : The sovereignty and state authority of Nepal \nshall be vested in the Nepalese people. It shall be exercised in accordance with \nthe provisions set forth in this Constitution. \n3. Nation : All th e Nepalese people , with multiethnic, multilingua l, multi -religious, \nmulticultural characteristics and in geographical diversities, and having \ncommon aspirations and being united by a bond of allegiance to national \nindependence, territorial integrity, national interest and prosperity of Nepal, \ncollective ly constitute the nation. \n4. State of Nepal : (1) Nepal is a n independent, indivisible, sovereign, secular, \ninclusive, democratic, socialism -oriented, federal democratic republican state. \nExplanation : For the purposes of this Article, \"secular\" means religious, \ncultural freedoms, including protection of religion, culture handed down from \nthe time immemorial . \n(2) The territory of Nepal shall comprise: \n(a) the territory existing at the time of commencement of this \nConstitution, and \n(b) such other territo ry as may be acquired after the \ncommencement of this Constitution. \n5. National interest : (1) Safeguarding of the freedom , sovereignty, territorial \nintegrity, nationality, independence and dignity of Nepal , the rights of the \n9 \n Nepalese people, border security, ec onomic wellbeing and prosperity shall be \nthe basic elements of the national interest of Nepal. \n (2) Any conduct and act contrary to the national interest shall be \npunishable by the Federal law. \n6. Languages of the nation : All language s spoken as the mother tongues in Nepal \nare the languages of the nation. \n7. Official language : (1) The Nepali language in the Devnagari script shall be the \nofficial language of Nepal. \n (2) A State may, by a State law, determine one or more than one \nlangu ages of the nation spoken by a majority of people within the State as its \nofficial language(s), in addition to the Nepali language. \n (3) Other matters relating to language shall be as decided by the \nGovernment of Nepal, on recommendation of the Language Commission. \n8. National f lag: (1) The national flag of Nepal consists of two juxtaposed \ntriangular figures with a crimson -coloured base and deep blue borders, there \nbeing a white emblem of the crescent moon with eight rays visible out of \nsixteen in the upp er part and a white emblem of a twelve rayed sun in the lower \npart. \n(2) The method of drawing out the flag and other particulars relating \nthereto shall be as set forth in Schedule -1. \n9. National anthem etc : (1) The national anthem of Nepal shall be as set forth in \nSchedule -2. \n (2) The coat -of-arms of Nepal shall be as set forth in Schedule -3. \n (3) The Rhododendron Arboreum shall be the national flower, \nCrimson Colo ur shall be the national colo ur, the Cow shall be the national \nanimal and the Lophophor us shall be the national bird of Nepal. \n10 \n Part-2 \nCitizenship \n10. Not to deprive of citizenship : (1) No citizen of Nepal may be deprived of the \nright to obtain citizenship. \n (2) There is a provision of single federal citizenship with State \nidentity in Nepal. \n11. To be c itizens of Nepal : (1) The persons who have obtained the citizenship of \nNepal at the time of commencement of this Constitution and who are qualified \nto obtain citizenship in accordance with this Part shall be the citizens of Nepal. \n (2) The following person who has his or her permanent domicile in \nNepal at the time of commencement of this Constitution shall be the citizen of \nNepal by descent: \n(a) a person who has obtained the citizenship of Nepal by descent prior \nto the commencement of th is Constitution, \n(b) a person whose father or mother was a citizen of Nepal at his or her \nbirth. \n(3) A child of a citizen having obtained the citizenship of Nepal by \nbirth prior to the commencement of Nepal shall, upon attaining majority, \nacquire the citiz enship of Nepal by descent if the child's father and mother both \nare citizens of Nepal. \n (4) Every minor who is found within Nepal and the whereabouts of \nwhose father and mother are not known shall, until the father or the mother of \nthe child is traced, be a citizen of Nepal by descent. \n(5) A person who is born in Nepal from a woman who is a citizen of \nNepal and has resided in Nepal and whose father is not traced shall be provided \nwith the citizenship of Nepal by descent. \n11 \n Provided that his or her father is held to be a foreign citizen, the \ncitizenship of such person shall be converted into naturalized citizenship as \nprovided for in the Federal law. \n (6) A foreign woman who has a matrimonial relationship with a \ncitizen of Nepal may, if she so wishes, acquire the naturalized citizenship of \nNepal as provided for in the Federal law. \n (7) Notwithstanding anything contained elsewhere in this Article, in \nthe case of a person born from a woman who is a citizen of Nepal and married \nto a foreign citizen , the person may acquire the naturalized citizenship of Nepal \nin accordance with the Federal law if h e or she has permanent ly resided in \nNepal and has not acquired the citizenship of a foreign country. \n Provided that if such person's mother and father both are citizen s of \nNepal at the time of acquisition of citizenship, such person born in Nepal may \nacquire the citizenship of Nepal by descent. \n (8) In the cases other than those mentioned in this Article, the \nGovernment of Nepal may, in accordance with the Federal law, grant the \nnaturalized citizenship of Nepal. \n (9) The Government of Nepal may, in accordance with the Federal \nlaw, grant the honorary citizenship of Nepal. \n (10) Whenever any territory is acquired by way of merger into Nepal, \na person having his or her d omicile in such territory shall become a citizen of \nNepal, subject to the Federal law. \n12. Citizenship with identity of descent and g ender : A person who obtains the \ncitizenship of Nepal by descent in accordance with this Constitution may \nobtain a certifi cate of citizenship of Nepal with gender identity by the name of \nhis or her mother or father. \n12 \n 13. Acquisition, reacquisition and termination of citizenship : Other matters \nrelating to the acquisition, reacquisition and termination of citizenship shall be \nas provided for in the Federal law. \n14. Power to grant non-resident Nepalese citizenship : The non-residential \ncitizenship of Nepal may be so granted to a person who has acquired the \ncitizenship of a foreign country, has reside d in a country other than a member \nstate of the South Asian Association for Regional Coope ration, and who or \nwhose father or mother , grandfather or grandmother was prev iously a citizen of \nNepal by decent or birth but subsequently acquired the citizenship of the \nforeign country that such person may enjoy economic, social and cultural \nrights in accordance with the Federal law . \n15. Other provisions relating to citizenship o f Nepal : Other matters relating to the \nmaintenance of records setting out the identity of every citizen of Nepal and \nthe citizenshi p of Nepal shall be as provided for in the Federal law. \n \n13 \n Part-3 \nFundamental Rights and Duties \n16. Right to live with d ignity : (1) Every person shall have the right to live with \ndignity. \n(2) No law shall be made providing for the death penalty to any one . \n17. Right to f reedom : (1) No person shall be deprived of his or her personal liberty \nexcept in accordance with law . \n(2) Every citizen shall have the following freedoms: \n(a) freedom of opinion and expression, \n(b) freedom to asse mble peaceably and without arms, \n(c) freedom to form political parties, \n(d) freedom to form unions and associations, \n(e) freedom to move and reside in any part of Nepal, \n(f) freedom to practice any profession, carry on any occupation, and \nestablish and operate any industry, trade and business in any part of \nNepal . \nProvided that: \n(1) Nothing in sub -clause (a) shall be deemed to prevent the making of \nan Act to impose reasonable restrictions on any act which may \nundermine the sovereignty, territorial integrity, nationality and \nindependence of Nepal or the harmonious relations between the \nFederal Units or the people of vari ous castes, tribes, religions or \ncommunities or incite caste -based discrimination or untouchability \nor on any act of disrespect of labour, defamation, contempt of court , \nincitement to an offence or on any act which may be contrary to \npublic decency or morality. \n14 \n (2) Nothing in sub -clause ( b) shall be deemed to prevent the making of \nan Act to impose reasonable restrictions on any act which may \nundermine the sovereignty, territorial integrity, nationality and \nindependence of Nepal o r the harmonious relations between the \nFederal Units or public peace and order. \n(3) Nothing in sub -clause (c) shall be deemed to prevent the making of \nan Act to impose reasonable restrictions on any act which may \nundermine the sovereignty, territorial integrity, nationality and \nindependence of Nepal, constitute an espionage against the nation or \ndivulge national secrecy or on any act of rendering assistance to any \nforeign state, organization or representative in a manner to \nundermine the security of Nepal or on an act of sedition or on any \nact which may undermin e the harmonious relations between the \nFederal Units or on any act of incitement to caste -based or \ncommunal hatred or on any act which may undermine the \nharmonious relations between various castes, tribes, religions and \ncommunities, or on any act of acquisition of , or restriction on, \nmembership of any political party on the basis solely of tribe, \nlanguage, religion, community or sex or on any act of formation of a \npolitical party with discrimination between citizens or on incitement \nto violent acts o r on any act which may be contrary to public \nmorality. \n(4) Nothing in sub -clause (d ) shall be deem ed to prevent the making of \nan Act to impose reasonable restrictions on any act which may \nundermine the sovereignty, territorial integrity, nationality and \nindependence of Nepal, or o n any act which may constitute \nespionage against the nation or on any act of divulge nce of national \nsecrecy or on any act assisting any foreign state, organization or \n15 \n representative in a manner to undermine the security of Nepal or on \nan act of sedition or on any act which may undermine the \nharmonious relations between the Federal Units or on any act of \nincitement to caste -based or communal hatred or on any act which \nmay undermine the harmonious relations between various castes, \ntribes, religions and communities or on incitement to violent acts or \non any act which m ay be contrary to public morality. \n(5) Nothing in sub -clause (e) shall be deemed to prevent the making of \nan Act to impose reasonable restrictions on any act which may \nundermine the interest of the general public or which may \nundermine the harmonious relations between the Federal Units or the \nharmonious relations between the peoples of various castes, tribes, \nreligions or communities or which may constitute or incite vio lent \nacts. \n(6) Nothing in sub -clause (f) shall be deemed to prevent the making of \nan Act to prev ent any act which may undermine the harmonious \nrelations between the Federal Units or any act which may be \ncontrary to public health, decency or morality of the general public \nor to confer on the State the exclusive right to undertak e any specific \nindustry, trade or service, or to prescribe any condition or \nqualification for carrying on any industry, trade, occupation, \nemployment or business. \n18. Right to e qualit y: (1) All cit izens shall be equal before law. No person shall be \ndenied the equal protection of law . \n(2) No discrimination shall be made in the application of general \nlaws on grounds of origin, religion, race , caste, tribe, sex , physical condition, \ncondition of health, marital status, pregnancy, economic condition, language \nor region, ideology or on similar other grounds . \n16 \n (3) The Sta te shall not discriminate citizens on grounds of origin, \nreligion, race , caste, tribe, sex, economic condition, langu age, region, ideology \nor on similar other grounds. \nProvided that nothing shall be deemed to prevent the making of spe cial \nprovisions by law for the protection, empowerment or development of the \ncitizens including the socially or culturally backward women, Dalit , \nindigenous people , indigenous nationalities, Madhesi , Tharu , Muslim, \noppressed class, Pichhada class, minorities, the marginalized, farmers, labours, \nyouths, children, senior citizens, gender and sexual minorities, persons with \ndisabilities, persons in pregnancy , incapacitated or helpless, backward region \nand indigent Khas Arya . \nExplanation : For the purposes of thi s Part and Part 4, \" indigent\" means a \nperson who earns income less than that specified by the Federal law. \n(4) No discrimination shall be made on the ground of gender with \nregard to remuneration and social security for the same work. \n(5) All offspring shall have the equal right to the ancestral property \nwithout discrimination on the ground of gender. \n19. Right to c ommunication : (1) No publication and broadcasting or dissemination \nor printing of any news item, editorial, feature article or other reading, audio \nand audio -visual material through any means whatsoever including electronic \npublication, broadcasting and printing shall be ce nsored. \nProvided that nothing shall be deemed to prevent the making of Acts to \nimpose reasonable restrictions on any act which may undermine the \nsovereignty, territorial integrity, nationality of Nepal or the harmonious \nrelations between the Federal Units or the harmonious relations between \nvarious castes, tribes , religions or communities, or on any act of sedition, \ndefamation or contempt of court or incitement to an offence, or on any act \n17 \n which may be contrary t o public decency or morality, on any act of h atred to \nlabour and on any act of incitement to caste -based untouchability as well as \ngender discrimination. \n(2) No radio, television, on -line or other form of digital or electronic \nequipment, press or other means of communication publishing , broad casting or \nprinting any news item, feature, edit orial, article, information or other material \nshall be closed or seized nor shall registration thereof be cancelled nor shall \nsuch material be seized by the reason of publication, broadcasting or printing \nof such material through any audio, audio -visual or electronic equipment. \nProvided that nothing contained in this clause shall be deemed to prevent \nthe making of an Act to regu late radio, television, online or any other form of \ndigital or electronic equipment, pre ss or other means of communication. \n(3) No mean s of communication including the press, electronic \nbroadcasting and telephone shall be interrupted except in accordance with law. \n20. Rights r elating to justice : (1) No person shall be detained in custody with out \ninforming him or her of the ground for his or her arrest. \n(2) Any person who is arrested shall have the right to consult a legal \npractitioner o f his or her choice from the time of such arrest and to be defended \nby such legal practitioner. Any consultation made by such person with , and \nadvice given by, his or her legal practitioner shall be confidential . \n Provided this clause shall not apply to a citizen of an enemy state . \nExplanation : For the purpos e of this clause, \"legal practitioner\" mean s \nany person who is authorized by law to represent any person in any court. \n(3) Any person who is arrested shall be produced before the \nadjudicating authority within a period of twenty -four hours of such arrest , \nexcluding the time necessary for the journey from the place of arrest to such \n18 \n authority; and any such person shall not be detained in custody except on the \norder of such authority. \nProvided that this clause shall not apply to a person held in preventive \ndetention and to a citizen of an enemy state . \n(4) No person shall be liable for punishment for an act which was \nnot punishable by the law in force when the act was committed nor shall any \nperson be subjected to a punishment greater than that prescribed by the law in \nforce at the time of the commission of the offence. \n(5) Every person charged with an offence shall be presumed \ninnocent until proved guilty of the offence. \n(6) No person shall be tried and punished for the same offence in a \ncourt more than once. \n(7) No person charged with an offence shall be compelled to testify \nagainst himself or herself. \n(8) Every person shall have the right to be informed of any \nproceedings taken against him or her. \n(9) Every person shall have the right to a fair trial by an independent , \nimpartial and compe tent court or judicial body . \n(10) Any indigent party shall have the right to free legal aid in \naccordance with law. \n21. Right of v ictim of crime : (1) A victim of crime shall have the right to get \ninformation about the investigation and proceedings of a case in which he or \nshe is the victim . \n(2) A victim of crime shall have the right to justice including social \nrehabilitation and compensation in a ccordance with law . \n19 \n 22. Right against t orture : (1) No person who is arrested or detained shall be \nsubjected to physical or mental torture or to cruel, inhuman or degrading \ntreatment. \n(2) Any act mentioned in claus e (1) shall be punishable by law , and \nany person who is the victim of such treatment shall have the right to obtain \ncompensation in accordance with law. \n23. Right against preventive d etention : (1) No person shall be held under \npreventive detention unless there is a sufficient ground of the existence of an \nimmediate threat to the sovereignty, territorial integrity or public peace and \norder of Nepal. \n(2) Information about the situation of a person who is held under \npreventive detenti on pursuant to clause (1) must be given immediately to his or \nher family members or relatives. \nProvided that this clause shall not apply to a citizen of an enemy state. \n(3) If the authori ty making preventive detention holds any person \nunder preventi ve detention contrary to law or in bad faith, the person held \nunder preventive detention shall have the right to obtain comp ensation in \naccordance with law . \n24. Right against untouchability and discrimination : (1) No person shall be \nsubjected to any form of untouchability or discrimination in any private and \npublic places on grounds of his or her origin, caste, tribe, community , \nprofession, occupation or physical condition . \n(2) In producing or distributing any goods, services or facilities, no \nperson belonging to any particular caste or tribe shall be prevented from \npurchasing or acquiring such goods, services or facilities nor shall such goods, \nservices or facilities be sold , distributed or provided only to the persons \nbelonging to any particular caste or tribe. \n20 \n (3) No act purporting to demonstrate any person or community as \nsuperior or inferior on grounds of origin, caste, tribe or physical condition or \njustifying social discrimin ation on grounds of caste , tribe or untouchability or \npropagating ideology based on untouchability and caste based superiority or \nhatred or encouraging caste -based discrimination in any manner whatsoever \nshall be allowed. \n(4) No discrimination in any form shall be allowed at a workplace \nwith or without making untouchability on the ground of caste . \n(5) Any act of untouchability and discrimination in any form \ncommitted in contravention of this Article shall be punishable by law as a \nsevere social offence , and the victim of such act shall have the right to obtain \ncompensation in accordance with law . \n25. Right relating to p roperty : (1) Every citizen shall, subject to law, have the right \nto acquire, own, sell, dispose, acquire business profits from, and otherwise deal \nwith, property . \nProvided t hat the State may levy tax on property of a person, and tax on \nincome of a person in accordance with the concept of progressive taxation. \nExplanation : For the purposes of this Article, \"property\" means any form \nof property including movable and immovable property, and includes an \nintellectual property right. \n(2) The State shall not, except for public interest, requisition, \nacquire, or otherwise create any encumbrance on, property of a person . \nProvided that this clause shall not apply to any property acquired by any \nperson illicitly. \n(3) The basis of compensation to be provided and procedures to be \nfollowed in the requisition by the State of property of any person for public \ninterest in accordan ce with clause (3) shall be as provided for in the Act. \n21 \n (4) The provisions of clauses (2) and (3) shall not prevent the State \nfrom making land reforms, management and regulation in accordance with law \nfor the purposes of enhancement of product and productivity of lands, \nmodernization and commercialization of agriculture, environment protection \nand planned housing and urban development. \n(5) Nothing shall prevent the State from using the property of any \nperson , which it has requisitioned for public in terest in accordance with clause \n(3), for any other public interest instead of such public interest. \n26. Right to freedom of r eligion : (1) Every person who has faith in religion shall \nhave the freedom to profess, practice and protect his or her religion according \nto his or her conviction . \n (2) Every religious denomination shall have the right to operate and \nprotect its religious sites and religious Guthi (trusts). \nProvided tha t nothing shall be deemed to prevent the regulation, by \nmaking law , of the operation and protection of religious sites and religious \ntrusts and management of trust properties and lands. \n(3) No person shall , in the exercise of the right conferred by this \nArticle, do, or caus e to be done, any act which may be contrary to public \nhealth, de cency and morality or breach public peace , or convert another person \nfrom one religion to another or any act or conduct that may jeopardize other's \nreligion . \n27. Right to i nformation : Every citizen shall have the right to demand and receive \ninformation on any matter of his or her interest or of public interest. \n Provided that no one shall be compelled to provide information on any \nmatter of which confidentiality must be maintained in accordance with law. \n22 \n 28. Right to p rivacy : The privacy of any person, his or her residence , property, \ndocument, data, correspondence and matters relating to his or her character \nshall , except in accordance with law, be inviolable. \n29. Right against e xploitation : (1) Every person shall have the right against \nexploitation. \n(2) No person shall be exploited in any manner on the ground s of \nreligion, custom, tradition, usage, practice or on any other grounds. \n(3) No one shall be subjected to trafficking nor shall one be held in \nslavery or servitude. \n(4) No one shall be forced to work against his or her will. \nProvided that nothing shall be deemed to prevent the making of law \nempowering the State to require citizens to perform compulsory service for \npublic purposes. \n(5) Act contrary to clauses (3) and (4) shall be punishable by law and \nthe victim shall have the right to obtain compensation from the perpetrator in \naccordance with law. \n30. Right to clean environment : (1) Every citizen shall have the right to live in a \nclean and healthy environment. \n(2) The victim shall have the right to obtain compensation, in \naccordance with law, for any injury caused from environmental pollution or \ndegradation. \n(3) This Article shall not be deemed to prevent the making of \nnecessary legal provisions for a proper balance between the environment and \ndevelopment, in development works of the nation. \n31. Right relating to e ducation : (1) Every citizen shall have the right of access to \nbasic education. \n23 \n (2) Every citizen shall have the right to get compulsory and free \neducation up to the basic level and free education up to the secondary level \nfrom the State. \n (3) The citizens with disabilities and the economically indigen t \ncitizens shall have the right to get free higher education in accordance with \nlaw. \n (4) The visually impaired citizens shall have the righ t to get free \neducation through brail script and the citizens with hearing or speaking \nimpairment, to get free educ ation through sign language, in accordance with \nlaw. \n(5) Every Nepalese community residing in Nepal shall have the right \nto get education in its mother tongue and, for that purpose, to open and operate \nschools and educational institutes , in accordance with law. \n32. Right to language and c ulture : (1) Every person and community shall have the \nright to use their languages. \n (2) Every person and community shall have the right to participate in \nthe cultural life of their communities. \n(3) Every Nepalese communit y residing in Nepal shall have the right \nto preserve and promote its language, script, culture, cultural civilization and \nheritage. \n33. Right to e mployment : (1) Every citizen shall have the right to employment. \nThe ter ms and conditions of employment , and unemployment benefit shall be \nas provided for in the Federal law. \n(2) Every citizen shall have the right to choose employment. \n34. Right to l abour : (1) Every labourer shall have the right to practice appropriate \nlabour. \n24 \n Explanation : For the purposes of this Article, \"labourer\" means a labourer \nor worker who does physical or mental work for an employer in consideration \nfor remuneration. \n(2) Every labourer shall have the right to appropriate remuneration, \nfacilities and contributory social security. \n(3) Every labourer shall have the right to form and join trade unions \nand to engage in collective bargaining, in accordance with law. \n35. Right relating to h ealth : (1) Every citizen shall have the right to free basic \nhealth services from the State, and n o one shall be deprived of emergency \nhealth services. \n(2) Every person shall have the right to get information about his or \nher medical treatment. \n(3) Every citizen shall have equal access to health services. \n(4) Every citi zen shall have the right of access to clean drinking \nwater and sanitation. \n36. Right relating to f ood: (1) Every citizen shall have the right relating to food. \n(2) Every citizen shall have the right to be safe from the state of \nbeing in danger of life from the scarcity of food. \n(3) Every citizen shall have the right to food sovereignty i n \naccordance with law . \n37. Right to h ousing : (1) Every citizen shall have the right to an appropriate \nhousing. \n(2) No citizen shall be evicted from the residence owned by him or \nher nor shall his or her residence be infringed except in accordance with law. \n38. Rights of w omen : (1) Every woman shall have equal lineage right without \ngender based discrimination . \n25 \n (2) Every woman shall have the right to safe motherhood and \nreproductive health. \n(3) No wom an shall be subjected to physical, mental, sexual, \npsychological or other form of violence or exploitation on grounds of religion, \nsocial, cultural tradition, practice or on any other grounds. Such act shall be \npunishable by law, and the victim shall have the right to obtain compensation \nin accordance with law. \n (4) Women shall have the right to participate in all bodies of the \nState on the basis of the principle of proportional inclusi on. \n (5) Wome n shall have the right to obtain special opportunity in \neducation, health, employment and social security, on the basis of positive \ndiscrimination. \n(6) The spouse shall have the equal right to property and family \naffairs . \n39. Rights of the c hild: (1) Every child shall have the right to name and birth \nregistration along with his or her identity. \n(2) Every child shall have the right to education, health, \nmaintenance, proper care, sports, entertainment and overall personality \ndevelopment from the families and the State. \n(3) Every child shall have the right to elementary child development \nand child participation . \n(4) No child shall be employed to work in any factory, mine or \nengaged in similar other hazardous work. \n(5) No child shall be subjected to child marriage, transported \nillegal ly, abducted/kidnapped or taken in hostage. \n(6) No child shall be recruited or used in army, police or any armed \ngroup , or be subjected, in the name of cultural or religious traditions, to abuse, \n26 \n exclusion or physical, mental, sexual or other form of exploitation or improper \nuse by any means or in any manner. \n(7) No child shall be subjected to physical, mental or any other form \nof torture in home , school or other place and situation whatsoever . \n(8) Every child shall have the right to juvenile friendly justice. \n(9) The child who is helpless, orphan, with disabilities, conflict \nvictim, displaced or vulnerable shall have the right to special protection and \nfacilities from the State. \n(10) Any act contr ary to in clauses (4), (5), (6) and (7 ) shall be \npunishable by law, and a child who is the victim of such act shall have the right \nto obtain compensation from the perpetrator , in accordance with law . \n40. Rights of Dalit : (1) The Dalit shall have the right to participate in all bodies of \nthe State on the basis of the principle of proportional in clusion. Special \nprovision shall be made by law for the empowerment, representation and \nparticipation of the Dalit community in public services as well as other sectors \nof employment. \n(2) Provision of free education with scholarship, from primary to \nhigher education, shall be made by law for the Dalit students. Special provision \nshall be made by law for the Dalit in technical and vocational educat ion. \n(3) Special provision shall be made by law in order to provide health \nand social security to the Dalit community. \n(4) The Dalit community shall have the right to use, protect and \ndevelop their tradition al occupation, knowledge, skill and technology. The \nState shall accord priority to the Dalit community in modern business related \nwith their traditional occupation and provide skills and resources required \ntherefor. \n27 \n (5) The State shall once provide land to the landless Dalit in \naccordan ce with law . \n(6) The State shall , in accordance with law, arrange settlement for \nthe Dalit who do not have housing. \n (7) The facilities conferred by this Article to the Dalit community \nmust be distributed in a just manner so that the Dalit women, men and Dalit in \nall communities can obtain such facilit ies proportionately. \n41. Rights of senior citizens : The senior citizens shall have the right to special \nprotection and social security from the State. \n42. Right to social j ustice : (1) The socially backward women, Dalit , indigenous \npeople , indigenous nationalities , Madhesi , Tharu , minorities , persons with \ndisabilities, marginalized communities , Muslims, backward classes, gender and \nsexual minorities, youths , farmers , labourers , oppre ssed or citizens of \nbackward regions and indigent Khas Arya shall have the right to participate in \nthe State bodies on the basis of inclusive principle . \n (2) The indigent citizens and citizens of the communities on the \nverge of extinction shall have the right to get special opportunities and benefits \nin education, health, housing, employment, food and social security for their \nprotection, upliftment, empowerment and development. \n (3) The citizens with disabilities shal l have the right to live with \ndignity and honour, with the identity of their diversity , and have equal access to \npublic services and facilities. \n (4) Every farmer shall have the right to have access to lands for agro \nactivities, select and protect local seeds and agro species which have been used \nand pursued traditionally, in accordance with law. \n (5) The families of the martyrs who have sacrificed their life , \npersons who were forced to disappear, and those who became disabled and \n28 \n injured in all popular movements, armed conflicts and revolutions that have \nbeen carried out for progressive democratic changes in Nepal, democracy \nfighters, conflict victims and displaced ones, persons with disabilities, the \ninjured and victims shall have the right to get a prioritized opportunity, with \njustice and due respect, in educati on, health, employment, housing and social \nsecurity, in accordance with law. \n43. Right to social security : The indigent citizens, incapacitated and helpless \ncitizens, helpless singl e women, citizens with disabilities, children, citizens \nwho cannot take care themselves and citizens belonging to the tribes on the \nverge of extinction shall have the right to social security, in accordance with \nlaw. \n44. Rights of the c onsumer : (1) Every consumer shall have the right to obtain \nquality goods and services. \n(2) A person who has suffered injury from any substandard goods or \nservices shall ha ve the right to obtain compensation in accordance with law. \n45. Right against e xile: No citizen shall be exiled. \n46. Right to constitutional remedies : There shall be a right to obtain constitutional \nremedies in the manner set forth in Article 133 or 144 for the enforcement of \nthe rights conferred by this Part. \n47. Implementation of fundamental rights : The State shall, as required, make legal \nprovisions for the implementation of th e rights conferred by this Part, within \nthree years of the commencement of this Constitution. \n48. Duties of citizens : Every citizen shall have the following duties : \n(a) to safeguar d the nationality, sovereignty and integrity of Nepal, \nwhile being loyal to the nation, \n(b) to abide by the Constitution and law , \n(c) to render compulsory service as and when the State so requires, \n29 \n (d) to protect and preserve public property. \n \n30 \n Part-4 \nDirective Principles, Policies and Obligations of the State \n49. To be g uiding principles : (1) The directive principles , policies and obligations \nset forth in this Part shall be the guiding principles for the governance of the \nState . \n(2) The S tate shall mobilize, or cause to be mobilized, means a nd \nresources, as required, to implement the principles , policies and obligations set \nforth in this Part. \n50. Directive p rinciples : (1) The political objective of the State shall be to establish \na public welfare sy stem of governance, by establishing a just system in all \naspects of the national life through the rule of law, values and norms of \nfundamental rights and human rights, gender equality, proportional inclusion, \nparticipation and social justice, while at the same time protecting the life, \nproperty , equality and liberties of the people, in keeping with the vitality of \nfreedom , sovereignty, territorial integrity and independence of Nepal, and to \nconsolidate a federal democratic republic an system of governance in order to \nensure an atmosphere conducive to the enjoyment of the fruits of democracy, \nwhile at the same time maintaining the relations between the Federal Units on \nthe basis of cooperative federalism and incorporating the principle of \nproporti onal partic ipation in the system of governance on the basis of local \nautonomy and decentralization. \n(2) The social and cultural objective of the State shall be to build a \ncivilized and egalitarian society by eliminating all forms of discrimination, \nexploitation and i njustice on the grounds of religion, culture, tradition, usage , \ncustom, practice or on any other similar grounds, to develop social , cultural \nvalues founded on national pride, democracy, pro-people , respect of labour , \nentrepreneurship, discipline, dignity and harmony , and to consolidate the \n31 \n national unity by maintaining social cohesion, solidarity and harmony, while \nrecognizing cultural diversity. \n(3) The economic objective of the State shall be to achieve a \nsustainable economic development , while achieving rapid economic growth , by \nway of maximum mobilization of the available means and resources through \nparticipation and development of public , private and cooperatives , and to \ndevelop a socialism -oriented independent and prosperous economy while \nmaking the national economy independent, self -reliant and progressive in order \nto build an exploitation free society by abolishing economic inequality through \nequitable distribution of the gains. \n(4) The State shall direct its international relations toward s \nenhancing the dignity of the nation in the world community by maintaining \ninternational relations on the basis of sovereign equality, while safeguarding \nthe freedom , sovereignty, territorial integrity and independence and national \ninterest of Nepal. \n51. Policies of the State : The State shall pursue the following policies: \n(a) Policies relating to n ational unity and national security : \n(1) to keep intact the national unity , while p rotecting the freedom, \nsovereignty, territorial integrity and independence of Nepal, \n(2) to promote the national unity while developing mutual \ncooperative relations between the Federal U nits by maintaining \nmutual cohesion, harmony and solidarity between various castes, \ntribes, relig ions, languages , cultures and communities, \n(3) to maintain law and order by developing a national security \nsystem, \n(4) to guarantee the overall human security system, \n32 \n (5) to make all security organs , including the Nepal A rmy, Nepal \nPolice and Armed Police Force Nepal , com petent, strong, \nprofessional, inclusive and accountable to the people, on the \nbasis of national security policies, \n(6) to make and keep the citizens ready and competent to serve the \nnation as and when necessary, \n(7) to make proper use, in nations' interest, of the knowledge, skills \nand experiences of former public employees including former \nemployees, military and police. \n (b) Policies rela ting to political and governance system of State : \n(1) to guarantee the best interests and prosperity of the people \nthrough economic, social and cultural transformations, while \nsafeguarding, consolidating and developing political \nachievements, \n(2) to maintain rule of law by protecting and promoti ng human \nrights, \n(3) to implement international treaties, agreements to which Nepal is \na party, \n(4) to guarantee good governance by ensuring the equal and easy \naccess of the people to the services and facilities delivered by the \nState, while making public administration fair, competent, \nimpartial, transparent, free from corruption, accountable and \nparticipat ory, \n(5) to make necessary provisions to make mass media fair, healthy, \nimpartial, decent, responsible and professional, \n33 \n (6) to develop and expand harmonious and cooperative relations \nbetween the Federal Units by way of sharing of responsibilities, \nresourc es and administration between them. \n (c) Relating to s ocial and cultural t ransformation : \n(1) to build the society founded on cordial social relations by \ndeveloping a healthy and civilized culture, \n(2) to carrying out studies, research works, excavation and \ndissemination for the protection, promotion and development of \nancient, archaeological and cultural heritages, \n(3) to make community development through enhancement of local \npublic participation , by pro moting and mobilizing the creativity \nof local communities in social, cultural and se rvice -oriented \nworks, \n(4) to focus on the development of arts, literature and music which \nform cultural heritages, \n(5) to end all forms of discrimination, inequality, explo itation and \ninjustice in the name of religion, custom, usage, practice and \ntradition existing in the society, \n(6) to protect and develop languages, scripts, culture , literature, arts, \nmotion pictures and heritages of various castes, tribes, and \ncommunities on the basis of equality and co -existence, while \nmaintaining the cu ltural diversity of the country, \n(7) to pursue a multi -lingual policy. \n (d) Relating to economy, industry and c ommerce : \n(1) to enhance national economy through partnership and \nindependent development of the public, private and cooperative \nsectors, \n34 \n (2) to achieve economic prosperity by way of optimum mobilization \nof the available means and resources , while focusing on the role \nof private sector in economy , \n(3) to promote the cooperative sector and mobilize it in national \ndevelopment to the maximum extent, \n(4) to encourage and mobilize the economic sector in the overall \nnational development, while providing for regulation to maintain \nfairness, accountability and co mpetition in all of its activities , \n(5) to make equitable distribution of the available means and \nresources and benefits of economic development, \n(6) to diversify and expand markets for goods and services, while \npromoting exports through development and ex pansion of \nindustries upon identifying areas of comparative advantage, \n(7) to protect the interests of consumers by maintaining trade \nfairness and discipline by making national economy competitive, \nwhile ending activities such as creating black marketing, \nmonopoly, artificial scarcity and restricting competition, \n(8) to protect and promote domestic industries and resources and \naccord priority to domestic investment based on Nepalese labour, \nskills and raw materials for the development of national \neconomy, \n(9) to give priority to domestic investment for the development of \nnational economy, \n(10) to encourage foreign capital and technological investment in \nareas of import substitution and export promotion, in consonance \nwith national interest, and encourage and mobilize such \ninvestment in infrastructure building, \n35 \n (11) to make the obtaining of foreign assistance transparent, while \nmaking the national needs and priorities as the basis for obtaining \nforeign assistance, and incorporating amounts received in form of \nforeign assistance in the national budget, \n(12) to util ize knowledge, skill , technology and capital of the non-\nresident Nepalese in the national development, \n(13) to give dynamism to the economic development by establishing \ncoordination between the States and the States and the Federation \nin relation to industrial corridors, special economic zones, \nnational projects and projects involving foreign investment. \n (e) Policies relating to agriculture and land reforms : \n(1) to make scientific land reforms having regard to the interests of \nthe farmers, while ending the dual ownership existing in the \nlands, \n(2) to enhance product and productivity by carrying out land \npooling, while discouraging inactive land ownership, \n(3) to make land management and commercia lization, \nindustrialization, diversification and modernizatio n of \nagriculture, by pursuing land -use policies to enhance agriculture \nproduct and productivity, while protecting and promoting the \nrights and interests of the farmers, \n(4) to make proper use of lands, while regulating and managing \nlands on the basis of, inter alia , productivity, nature of lands and \necological balance, \n(5) to provide for the farmers' access to agricultural inputs, agro -\nproducts at fair price and market. \n(f) Policies relating to d evelopment : \n36 \n (1) to formulate sustainable socio -economic development strategies \nand programs under the regional development plan for inclusive \neconomic development with regional balance, and implement \nthem in a coordinative manner, \n(2) to d evelop balanced, environment friendly , quality and \nsustainable physical infrastructure s, while according priority to \nthe regions lagging behi nd from development perspective, \n(3) to enhance local public participation in the process of \ndevelopment works, \n(4) to enhance inves tment in scientific study, re search works and in \ninvention, progress and development of science and technology, \nand protect scientist s, technologists, intellectual and eminent \ntalents , \n(5) to ensure easy and simple access of the general public to \ninformati on technology by developing and expanding \ninformation technology to the tune of national needs, and make \noptimum utilization of information technology in the national \ndevelopment, \n(6) to make provisions enabling the general public to enjoy fruits of \ndevelopment in a just manner, while a ccord ing priority to the \nindigent citizens in the distribution of such fruits, \n(7) to develop an integrated national identity management \ninformation system and manage all kinds of information and data \nof the citizens in an integrated manner, and linking such system \nwith the services and facilities provided by the State and with \nnational development plans, \n37 \n (8) to update demographic statistics and linking it with national \ndevelopment plans. \n(g) Policies relating to protect ion, promotion and use of natural resources : \n(1) to protect, promote, and make environmental friendly and \nsustainable use of, natural resources available in the country, in \nconsonance with national interest and adopting the concept of \ninter-generational e quity, and make equitable distribution of \nfruits, according priority and preferential right to the local \ncommunities, \n(2) to make multi -purpose development of water resources, while \naccording priority to domestic investment based on public \nparticipation, \n(3) to ensure reliable supply of energy in an affordable and easy \nmanner, and make proper use of energy, for the fulfilment of the \nbasic needs of citizens , by generating and developing renewable \nenergy, \n(4) to develop sustainable and reliable irrigation by making control \nof water -induced disasters, and river management, \n(5) to conserve, promote, and make sustainable use of, forests, \nwildlife, birds, vegetation and bio -diversity, by mitigating \npossible risks to environment from industrial and physical \ndevelop ment, while raising awareness of general public about \nenvironment cleanliness, \n(6) to maintain the forest area in necessary lands for ecological \nbalance, \n38 \n (7) to adopt appropriate measures to abolish or mitigate existing or \npossible adverse environmental im pacts on the nature, \nenvironment or biological diversity, \n(8) to pursue the principles of environmental ly sustainable \ndevelopment such as the principles of polluter pays , of \nprecaution in environmental protection and of prior informed \nconsent. \n(9) to make advance warning, preparedness, rescue, relief and \nrehabilitation in order to mitigate risks from natural disasters. \n(h) Policies relating to basic needs of the c itizens : \n(1) to prepare human resources that are competent, competitive, \nethical, and dev oted to national interests, while making education \nscientific, technical, vocational , empirical, employment and \npeople -oriented, \n(2) to make private sector investment made in education service -\noriented by regulating and managing such investment, while \nenha ncing the State's investment in the education sector , \n(3) to make higher education easy, qualitative and accessible, and \nfree gradually, \n(4) to establish and promote community information centres and \nlibraries for the personality development of citizens, \n(5) to keep on enhancing investment necessary in the public health \nsector by the State in order to make the citizens healthy, \n(6) to ensure easy, convenient and equal access of all to quality \nhealth services, \n \n39 \n (7) to protect and promote health systems including Ayurveda , as a \ntraditional medical system of Nepal, natural therapy and \nhomeopathy system, \n(8) to make private sector investment in the health sector service -\noriented by regulating and managing such investment, while \nenhanci ng the State's investment in this sector, \n(9) to focus on health research and keep on increasing the number of \nhealth institutions and health workers in order to make health \nservices widely available and qualitative, \n(10) to increase average life expectancy by reducing maternal and \ninfant mortality rate, while encouraging family planning for \npopulation management on the basis of Nepal's capacity and \nneed , \n(11) to manage unplanned settlement and develop planned and \nsystematic settlement, \n(12) to provide for sustainable production, supplies, storage, security, \nand easy and effective distribution of foods by encouraging food \nproduction in tune with climate and soil, in consonance with the \nconcept of food sovereignty , while enhancing investment in the \nagriculture sector , \n(13) to ensure planned supply system by according special priority to \nthe remote and backward regions, while ensuring equal access of \nall citizens to basic goods and services, \n(14) to enhance investment in the transportation sector, while ensuring \nsimple, easy and equal access of the citizens to transportation \nfacilities , and to make the transportation sector safe, systematic \nand persons with disabilities friendly by encouraging public \n40 \n transportation and regulating private transporta tion, while \naccording priority to the environment friendly technologies, \n(15) to arrange for access to medical treatment while ensuring \ncitizen's health insurance. \n(i) Policies relating to labo ur and employment : \n(1) to make competent and professional the labour force that has \nremained as the main socio -economic strength of the country and \nenhance employment within the country, while ensuring a \nsituation enabling all to work, \n(2) to guarantee social security, while ensuring the basic rights of all \nlabou rs, in consonance with the concept of decent labour, \n(3) to abolish all forms of labour exploitation including child labour, \n(4) to encourage participation of labours in management, while \nmaintain cordial relations between the labours and entrepreneurs, \n(5) to regulate and manage the sector in order to make foreign \nemployment free from exploitation, safe and systematic and to \nguarantee employment and rights of the labours, \n(6) to encourage to mobilize the capital, skills, technology and \nexperience gained from foreign employment in productive \nsectors in the country . \n (j) Policies relating to social justice and inclusion : \n(1) to keep on making appropriate arrangements for the livelihood s \nof the helpless single women , while according priority to them in \nemployment on the basis of skills, competency and qualification , \n41 \n (2) to make self -dependent the women who are vulnerable , subjected \nto social and family exclusion and victims of violence self -reliant \nby making their rehabilitation, pro tection and empowerment, \n(3) to ensure enjoyment of requisite services and facilities at the \nreproductive stage , \n(4) to evaluate economically the work and contribution such as \nmaintenance of children and care of families , \n(5) to take into consideration pri marily of the best interests of the \nchild, \n(6) to identify the freed bonded labours, Kamlari, Harawa, \nCharawa, tillers, landless, squatters and rehabilitate them by \nproviding housing, housing plot for residence and cultivable land \nor employment for their livelihood s, \n(7) to create an atmosphere conducive to the full enjoyment of the \npolitical, economic, social and cultural rights, while enhancing \nthe participation of youths in national development, to make their \npersonality development, while providing spec ial opportunity in \nareas including education, health and employment for the \nempowerment and development of the youths and provide them \nwith appropriate opportunities for the overall development of the \nState, \n(8) to make the indigenous nationalities participate in decisions \nconcerning that community by making special provisions for \nopportunities and benefits in order to ensure the right of these \nnationalities to liv e with dignity, along with their identity, and \nprotect and promote traditional knowledge, skill , culture, social \n42 \n tradition and experience of the indigenous natio nalities and local \ncommunities, \n(9) to make special provisions for opportunities and benefits to \nminority communities to enjoy social and cultura l rights, with \nmaintaining their identity, \n(10) to make special provisions for equal distribution of economic, \nsocial and cultural opportunities and benefits to the Madhesi \ncommunity, Muslims and backward class, and for opportunities \nand benefits to the in digent citizens within such communities for \ntheir protection, upliftment, empowerment and development, \n(11) to make special provisions for opportunities and benefits for the \nprotection, upliftment, empowerment and development of the \ncitizens of the oppress ed and backward regions and for the \nfulfilment of their basic needs, \n(12) to accord priority to the indigent within all sexes, regions and \ncommunities in the provision of social security and social justice, \n(13) to make planned investment in sports and spo rt-persons in order \nto prepare healthy, competent and disciplined citizens, and to \ndevelop sports as a means of consolidating national unity and \nenhancing national prestige at the international level, \n(14) to adopt a single door system for the establishmen t, approval, \noperation, regulation and management of community -based and \nnational or international non -governmental organizations and to \ninvolve such organizations only in the sectors of national need \nand priority, while making investment and role of such \norganizations transparent and accountable. \n(k) Policies r elating to justice and penal s ystem : \n43 \n (1) to make the administration of justice speedy, efficient, widely \navailable, economical , impartial, effective, and accountable to \npeople, \n(2) to pursue alternative means such as mediation and arbitration for \nthe settlement of disputes of general nature, \n(3) to adopt effective measures for the control of corruption and \nirregularities in all sectors including political, ad ministrative , \njudicial and social sectors. \n(l) Policies relating to tourism : To develop eco -friendly tourism industries \nas an important base of national economy by way of identification, \nprotection, promotion and publicity of the ancient, cultural, religious , \narchaeological and natural heritages of Nepal, to make environment and \npolicy required for the development of tourism culture, and to accord \npriority to local people in the distribution of benefits of tourism \nindustries. \n(m) Policies relating to intern ational r elations : \n(1) to conduct an independent foreign po licy based on the Charter of \nthe United Nations , non -alignment, principles of Panchsheel , \ninternational law and the norms of world peace, taking into \nconsideration of the overall interest of the nation, while \nremaining active in safeguarding the sovereignty, territorial \nintegrity , independence and national interest of Nepal, \n(2) to review treaties concluded in the past , and make treaties, \nagreements based on equality and mutual interest. \n52. Obligations of the State : It shall be the obligation of the State to make Nepal a \nprosperous and affluent country by protecting and promoting fundamental \nrights and human rights, pursuing directive principles of the State and \n44 \n gradually implement ing policies of the State, while keeping intact the freedom, \nsovereignty, territorial integrity and independence of Nepal. \n53. To submit r eport : The Government of Nepal shall submit a n annual report \ncontaining the steps taken and achievements made in the impl ementation of the \ndirective principles , policies and obligations of the State set forth in this Part to \nthe President, and the President shall cause such repor t to be laid through the \nPrime Minister before the Federal Parliament. \n54. Provisions relating to monitoring : There shall be a committee, in accordance \nwith law, in the Federal Parliament in order to monitor and evaluate whether \nthe directive principles, policies and obligations of the State set forth in this \nPart have been implemented progressively or not . \n55. Questions not to be raised in c ourt: No question shall be raised in any court as \nto whether any matter contained in this Part has been implemented or not . \n \n45 \n Part-5 \nStructure of State and Distribution of State Power \n56. Structure of State : (1) The main structure of the Federal Democratic Republic \nof Nepal shall be of three levels, namely the Federation , the State and the Local \nlevel. \n(2) The Federation , State and Local l evels shall exercise the power \nof State of Nepal pursua nt to this Constitution and law . \n(3) There shall be States consisting of the Districts as mentioned in \nSchedule -4 existing in Nepal at the time of commencement of this \nConstitution. \n(4) There shall be Village Institutions , Municipalities and District \nAssemblies under the Local level. The number of Wards in a Village \nInstitution and Municipality shall be as provided for in the Federal law. \n(5) Any Special, Protected or Autonomous Region can be set by the \nFederal law for social, cultural protection or economic developme nt. \n(6) The Federation , State and Local levels shall protect Nepal's \nfreedom, sovereignty, territorial integrity, independence, national interest, \noverall development, multi -party, competitive, democratic, republican, federal \nsystem of governance , human ri ghts and fundamental rights, rule of law, \nseparation of powers and check and balance, egalitarian society b ased on \npluralism and equality, inclusive representation and identity. \n57. Distribution of State power : (1) The powers of the Federation shall be ves ted in \nthe matters enumerated in Schedule -5, and such powers shall be exercised \npursuant to this Constitution and the Federal law. \n46 \n (2) The powers of a State shall be vested in the matters enumerated \nin Schedule -6, and such powers shall be exercised pursuant to this Constitution \nand the State law. \n(3) The concurrent powers of the Federation and the State shall be \nvested in the matters enumerated in Schedule -7, and such powers shall be \nexercised pursuant to this Const itution, the Federal law and the State law. \n(4) The powers of the Local l evel shall be vested in the matters \nenumerated in Schedule -8, and such powers shall be exercised pursuant to this \nConstitution and the law made by the Village Assembly or Municipal \nAssembly. \n(5) The concurrent powers of the Federation, State and Local l evels \nshall be vested in the matters enumerated in Schedule -9, and such powers shall \nbe exercised pursuant to this Constitution , the Federal law, the State law and \nthe law made by the Village Assembly or Municipal Assemb ly. \n(6) Any law to be made by the State Assembly, Village Assembly or \nMunicipal Assembly pursuant to clause (3) or (5) shall be so made as not to be \ninconsistent with the Federal law, and any law made by the State Assembly, \nVillage Assembly or Municipal As sembly which is inconsistent with the \nFederal law shall be invalid to the extent of such inconsistency. \n(7) Any law to be made by the Village Assembly or Municipal \nAssembly pursuant to clause (5) shall be so made as not to be inconsistent with \nthe State la w, and any law made by the Village Assembly or Municipal \nAssembly which is inconsistent with the State law shall be invalid to the extent \nof such inconsistency. \n58. Residual p owers : The Federation shall have power on any matter not \nenumerated in the Federa l List, State List, List of Local level or Concurrent \n47 \n List or on any matter which is not so specified in this Constitution as to be \nexercised by any level. \n59. Exercise of financial p owers : (1) The Federation, State and Local l evel shall \nmake laws, make an nual budget, decisions, formulate and implement policies \nand plans on any matters related to financial powers within their respective \njurisdictions. \n(2) The Federation may so make necessary policies, standards and \nlaws on any of the matters enumerated in t he Concurrent List and other areas \nof financial powers as to be applicable also to the States. \n(3) The Federation, State and Local l evel shall make budget of their \nrespective levels, and the time for submission of budget by the State and Local \nlevel sha ll be as provided for in the Federal law. \n(4) The Federation , State and Local level shall provide for the \nequitable distribution of benefits derived from the use of natural resources or \ndevelopment. Certain portions of such benefits shall be distributed, purs uant to \nlaw, in forms of royalty, services or goods to the project affected regions and \nlocal communities. \n(5) If, in utilising natural resources, the local community desires to \nmake investment there in, the Federation, State and Local l evel shall accord \npriority to such investment in such portion as provided by law on the basis of \nthe nature and size of such investment . \n(6) The Government of Nepal shall have power to obtain foreign \nassistance and borrow loan s. Such assistance or loan s shall be so obtained or \nborrowed as to have macro -economic stability of the country. \n(7) Provisions relating to the management of budget deficits and \nother fiscal discipline of the Federation, State and Local l evel shall be as \nprovided for in the Federal law. \n48 \n 60. Distribution of sources of revenue : (1) The Federation, State and Local l evel \nmay impose taxes on matters falling within their respective jurisdiction and \ncollect revenue from these sources. \nProvided that provisions relating to the imposition of taxes and \ncollection of revenue on matters that fall within the Concurrent List and on \nmatters that are not included in the Li st of any l evel shall be as determined by \nthe Government of Nepal. \n(2) The Government of Nepal shall make provisions for the equitable \ndistribution of th e collected revenue to the Federation, State and Local l evel. \n(3) The amount of fiscal transfer receivable by the State and Local \nlevel shall be as recommended by the National Natural Resources and Fiscal \nCommission . \n(4) The Government of Nepal shall, on t he basis of the need of \nexpenditure and revenue capacity, distribute fiscal equalization grants to the \nState and Local level. \n(5) Each State shall, in accordance with the State law, distribute \nfiscal equalization grants out of the grants received from the Government of \nNepal and revenues collected from its sources, on the b asis of the need of \nexpenditure and revenue cap acity of its subordinate Local l evel. \n(6) Provisions relating to distribution of conditional grants, \ncomplementary grants or special grants for other purposes to be provided by \nthe Government of Nepal f rom the Federal Consolidated Fund shall be as \nprovided for in the Federal law. \n(7) Distribution of revenues between the Federal, State and Local \nlevel shall be made in a balanced and transparent manner. \n(8) A Federal Act on the distribution of revenues shall be made \nhaving regard to the national policies, national requirements, a utonomy of the \n49 \n State and Local l evels, services to be r ende red by the State and the Local l evel \nto the people and financial powers granted to them, capacity to collect \nrevenues, potentiality and use of revenues, assistance to be made in \ndevelopment works, reduction of regional imbalances, poverty and inequality, \nend of deprivation, and assistanc e to be made in the performance of contingent \nworks and fulfilment of temporary needs. \n \n50 \n Part-6 \nPresident and Vice -President \n61. President : (1) There shall be a President of Nepal. \n(2) The President shall be the head of state of Nepal. He or she shall \nperform his or her functions in accordance with this Constitution and the \nFederal law. \n(3) The President shall promote the national unity of Nepal. \n(4) The main duty of the President shall be to abide by and protect \nthis Constitution. \n62. Election of Presi dent: (1) The President shal l be elected by an electoral college \ncomposed of the members of the Federal Parliament and of the State \nAssemblies. The voting weightage of the members of the Federal Parliament \nand of the State Assemblies shall vary as provided for in the Federal law. \n(2) Notwithstanding anything contained in clause (1), nothing shall \nbe deemed to bar the formation of an electoral college for the purpose of \nelection to the President by the sole reason that election to the State Assembly \nhas not been held in any State. \n(3) A person who secures a majority of the then existing total votes \nof the electoral college under clause (1) shall be elected as the President. \n(4) If none of the candidates secures a majority under clause (3), \nthere shall be voti ng between the two candidates who have secure d the highest \nnumber of votes, and a candidate who secures more than fifty percent of the \ntotal votes in su ch a voting shall be elected as the President. \n(5) If none of the candidates secures more than fifty per cent of the \ntotal votes even in the voting under clause (4), re -voting shall be held. A \n51 \n candidate who secures a majority of the t otal valid votes cast in such voting \nshall be elected as the President. \n(6) If a person who holds a political office to be fill ed by way of \nelection, nomination or appointment is appointed as the President under this \nArticle, his or her such office shall ipso facto be vacant. \n(7) Electi on to the President and other m atters related thereto shall \nbe as provided for in the Federal law. \n63. Term of o ffice of President : (1) The term of office of the President shall be five \nyears from the date on which he or she is so elected. \n(2) The President whose term of office under clause (1) has expired \nshall continue to discharge the functions un der this Constitution until another \nelected President assumes his or her office. \n64. Qualification for President : (1) A person who has the following qualification \nshall be qualified to become the President: \n(a) being qualified to become a member of the Federal Parliament, \n(b) having completed the age of at least forty five years, and \n(c) not being disqualified by any law. \n(2) Notwithstanding anything contained in clause (1), a person who \nhas already been elected twice as the President shall not become a candidate in \nthe election to the President. \n65. Vacation of o ffice of President : The office of the President shall become vacant \nin any of the following circumstances: \n(a) if he or she tenders resignation i n writing to the Vice -President, \n(b) if a motion of impeachment against him or her is passed under \nArticle 101, \n52 \n (c) if his or her term of office expires, \n(d) If he or she dies. \n66. Functions, duties and p owers of President : (1) The President shall exercise \nsuch powers and perform such duties a s conferred to him or her pursuant to \nthis Constitution or a Federal l aw. \n(2) In exercising the powers or duties under clause (1), the President \nshall perform all other functions to be performed by him or her on \nrecommendation and with the consent of the Council of Ministers than those \nfunctions specifically provided to be performed on recommendation of any \nbody or official under this Constitution or Federal L aw. Such recommendation \nand consent shall be submitted through the Prime Minister. \n(3) Any decisio n or order to be issued in the name of the President \nunder clause (2) and other instrument of authorization pertaining thereto shall \nbe authenticated as provided for in the Federal l aw. \n67. Vice-President : (1) There shall be a Vice -president of Nepal. \n(2) The functions to be performed by the President shall be \nperformed by the Vice-president during the absence of the President. \n(3) If a person who holds a political office to be filled by way of \nelection, nomination or appointment is appointed as the Vice -president, his or \nher such office shall ipso facto be vacant. \n68. Vacation of o ffice of Vice -president : The office of the Vice -president shall \nbecome vacant in any of the following circumstances: \n(a) if he or she tenders resignat ion in writing to the Preside nt, \n(b) if a motion of impeachment against him or her is passed under \nArticle 101, \n(c) if his or her term of office expires, \n53 \n (d) if he or she dies. \n69. Other provisions relating to Vice -President : Provisions relatin g to the \nqualification, procedures of el ection and term of office of the Vice -President \nshall be the same as that of the President. \n70. President and Vice -President to be from different sex or c ommunity : Election \nto the President and the Vice -president under this Constitution shall be so made \nas to have representation of different sex or community. \n71. Oath by President and Vice -President : Prior to assuming their respective \noffice s, the President shall take an oath of office and secrecy before the Chief \nJustice, and the Vice -President , before the President, as provided for in the \nFederal l aw. \n72. Remuneration and f acilities of President and Vice -President : The remuneration \nand other facilities of the President and the Vice -president shall be as provided \nfor in the Federal Act, and as specified by the Government of Nepal until such \nAct is made. \n73. Office of President and Vice -President : (1) There shall be separate offices for \nthe performance of the functions of the President and the Vice -President. \n(2) The Government of Nepal shall make arrangem ents for \nemployees and other provisions as required to perform the functions of the \noffices under clause (1). \n \n54 \n Part-7 \nFederal Executive \n74. Form of g overnment : The form of government of Nepal shall be multi -party, \ncompetitive, federal, democratic, republican, parliamentary form of \ngovernment based on pluralism. \n75. Executive p ower : (1) The executive power of Nepal shall, pursua nt to this \nConstitution and law , be vested in the Council of Ministers. \n(2) The responsibility for issuing general directive s, controlling and \nregulatin g the governance of Nepal shall, subje ct to this Constitution and law , \nlie in the Council of Ministers. \n(3) All Federal executive functions of Nepal shall be performed in \nthe name of the Government of Nepal. \n(4) Any decision or order to be issued in the name of the \nGovernment of Nepal pursuant to clause (3) and other instruments of \nauthorization pertaining thereto shall be authenticated as provided for in the \nFederal law. \n76. Constitution of Council of Ministers : (1) The Presiden t shall appoint the leader \nof a parliamentary party that commands majority in the House of \nRepresentatives as the Prime Minister, and the Council of Ministers shall be \nconstituted under his or her chairpersonship. \n(2) In cases where no party has a clear ma jority in the House of \nRepresentatives under clause (1), the President shall appoint as the Prime \nMinister a member of the House of Representatives who can command \nmajority with the support of two or more parties representing to the House of \nRepresentative s. \n55 \n (3) In cases where Prime Minister cannot be appointed under clause \n(2) no later than thirty days after the date of declaration of the final results of \nelection to the House of Representatives or the Prime Minister so appointed \nfails to secure a vote of confidence under clause (4), the President shall appoint \nas the Prime Minister the parliamentary party leader of the party which has the \nhighest number of members in the House of Representatives. \n(4) The Prime Minister appointed under clause (2) or (3) sha ll obtain \na vote of confidence from the House of Representatives no later than thirty \ndays after the date of such appointment. \n(5) In cases where the Prime Minister appointed under clause (3) \nfails to obtain a vote of confidence under clause (4) and any me mber under \nclause (2) presents a ground on which he or she can obtain a vote of confidence \nin the House of Representatives, the President shall appoint such member as \nthe Prime Minister. \n(6) The Prime Minister appointed under clause (5) must obtain a \nvote of confidence under clause (4). \n(7) In cases where the Prime Minister appointed under clause (5) \nfails to obtain a vote of confidence or the Prime Minister cannot be appointed, \nthe President shall, on recommendation of the Prime Minister, dissolve the \nHous e of Representatives and appoint a date of election so that the election to \nanother House of Representatives is completed within six months. \n(8) Procedures on the appointment of the Prime Minister under this \nArticle must be completed no later than thirty five days after the date of \ndeclaration of the final results of election to the House of Representatives held \nunder this Constitution or the date on which the office of the Prime Minister \nhas fallen vacant. \n56 \n (9) The President shall, on recommendation of the Prime Minister, \nconstitute the Cou ncil of Ministers comprising a maximum of twenty five \nMinisters including the Prime Minister, in accordan ce with the inclusive \nprinciple , from amongst the members of the Federal Parliament. \nExplanation : For the purposes o f this Article, \"Minister\" means a Deputy \nPrime Minister, Minister, Minister of State and Assistant Minister. \n(10) The Prime Minister and Ministers shall be collectively \nresponsible to the Federal Parliament, and the Ministers shall be individually \nrespo nsible for the work of their respective Ministries to the Prime Minister \nand the Federal Parliament. \n77. Vacation of o ffice of Prime Minister and Minister : (1) The office of the Prime \nMinister shall be vacant in any of the following circumstances: \n(a) if he or she tenders resignation in writing to the President, \n(b) if a vote of confidence is not passed or a vote of no -confidence is \npassed against him or her under Article 100 , \n(c) if he or she ceases to be a member of the House of \nRepresentatives, \n(d) if he or she dies. \n(2) The office of a Minister shall be vacant in any of the following \ncircumstances: \n(a) if he or she tenders resignation in writing to the Prime Minister, \n(b) if the Prime Minister removes him or her from office, \n(c) if the office of Prim e Ministe r falls vacant under sub -clause (a), \n(b) or (c) of clause (1), \n(d) if he or she dies. \n57 \n (3) If the office of Prime Minister falls vacant under clause (1), the \nsame Council of Ministers shall continue to act until another Council of \nMinisters is cons tituted. \nProvided that if the Prime Minister dies, the senior -most Minister shall \nact as the Prime Minister until a new Prime Minister is appointed. \n78. Non-member of Federal Parliament to be Minister : (1) Notwithstanding \nanything contained in clause (9) of Artic le 76, the President may, on \nrecommendation of the Prime Minister, appoint a person who is not a member \nof the Federal Parliament as a Minister \n(2) A Minister appointed under clause (1) must obtain membership \nof the Federal Parliament within six mo nths from the date of taking oath by \nhim or her. \n(3) In the event of failure to obtain membership of the Federal \nParliament within the period mentioned in clause (2), he or she shall not be \nqualified to be reappointed to the office of Minister during the term of the then \nHouse of Representatives. \n(4) Notwithstanding anything contained in clause (1), a person who \nhas been defeated in the election to the then House of Representatives shall not \nbe qualified to be appointed to the office of Minister during the term of such \nHouse of Representatives. \n79. Remuneration and other f acilities of Prime Minister and Ministers : The \nremuneration and other facilities of the Prime Minister and Ministers shall be \nas provided for in the Federal Act, and shall be as specified by the Government \nof Nepal until such Act is made . \n80. Oath : The Prime Minister, Deputy Prime Minister and Ministers shall take an \noath of office and secrecy before the President, and Ministers of State and \n58 \n Assistant Ministe rs, before the Prime Minister, as provided for in the Federal \nlaw, prior to assuming their respective offices. \n81. To inform President : The Prime Minister shall inform the President about the \nfollowing matters: \n(a) resolutions of the Council of Ministers, \n(b) Bills to be introduced in the Federal Parliament , \n(c) such other necessary information as commanded by the President \non matters set forth in clauses (a) and (b), and \n(d) current general state of affairs of the country and matters \nconcerning foreign relations. \n82. Transaction of b usiness of Government of Nepal : (1) The business of the \nGovernment of Nepal shall be allocated and transacted in accordance with the \nrules approved by the Government of Nepal. \n(2) No question may be raised in any court as to whether or not the \nrules under clause (1) have been observed. \n \n59 \n Part-8 \nFederal Legislature \n83. Federal Legislature : There shall be a Federal Legislature consisting of two \nHouses to be known as the House of Representatives and t he National \nAssembly , which shall be called as the Federal Parliament. \n84. Composition of House of Representatives : (1) The House of Representatives \nshall consist of a total of two hundred and seventy five members, as follows: \n(a) One hundred and sixty fiv e members to be elected through the \nfirst past the post electoral system, with one being elected from \neach election constituency of one hundred and sixty five election \nconstituencies delimited in the country on the basis of geography \nand population, \n(b) One hundred and ten members to be elected through the \nproportional electoral system where voters vote for political \nparties , with the whole country being considered as a single \nelection constituency. \n(2) The Federal law shall provide that, in fielding cand idacy by \npolitical parties for the election to the House of Representatives under the \nproportional electoral system, representation shall be ensured on the basis of a \nclosed list also from women, Dalit , indigenous peoples, Khas Arya , Madhesi , \nTharu , Muslim s and backward regions, on the basis of popul ation. In so \nfielding candidacy , regard shall also be had to geography and territorial \nbalance. \nExplanation : For the purpose s of this clause, \"Khas Arya \" means Kshetri, \nBrahmin , Thakuri , Sanyasi (Dashnami) commu nity. \n(3) In fielding candidacy under clause (2), political parties shall \nprovide for representation of the persons with disabilities as well. \n60 \n (4) Election to the House of Representatives under clause (1) shall \nbe held through secret ballots in accorda nce with law. \n(5) Each citizen of Nepal who has completed the age of eighteen \nyears shall have the right to vote in any one election constituency as provided \nfor in the Federal law. \n(6) A person who is qualified under Article 87 and entitled to vote in \nan election to the members of the House of Representatives may, subject to the \nFederal law , be a candidate in any election constituency. \nProvided that a person shall not be a candidate in more than one election \nconstituencies at the same time. \n(7) If the seat of any member of the House of Representatives falls \nvacant while its term still remains for more than six months, the vacancy shall \nbe filled in the same manner of electoral system as in which such seat was \nfilled in. \n(8) Notwithstanding anything containe d elsewhere in this Part, at \nleast one third of the total number of members elected from each political party \nrepresenting in the Federal Parliament must be women. If women are not so \nelected as to constitute one third of the elected members of any politic al party \nunder sub -clause (a) of clause (1) and sub -clause (a) of c lause (2) of Article 86, \nsuch political party must, in electing members under sub -clause (b) of clause \n(1), so elect that women members constitute at least one third of the total \nnumber of members elected to the Federal Parliament from that party. \n(9) Election to the House of Representatives and other matters \npertaining thereto shall be as provided for in the Federal law. \n85. Term of House of Representatives : (1) Unless dissolved earlier pursuant to this \nConstitution, the term of the House of Representatives shall be five years. \n61 \n (2) Notwithstanding anything contained in clause (1), the term of the \nHouse of Representatives may be extended by a Federal Act for a period not \nexceeding one year in cases where a proclamation or order of a state of \nemergency is in effect. \n(3) The term of the House of Representatives extended under clause \n(2) shall ipso facto expire upon the expiry of six months from the date of \nvoidance of the p roclamation or order of the state of emergency. \n86. Compos ition of National Assembly and term of o ffice of its m embers : (1) The \nNational Assembly shall be a permanent House. \n(2) The National Assembly shall consist of fifty nine members as \nfollows: \n(a) fifty six elected members consisting of at least three women, one \nDalit and one from person s with disabilities or minorities, from \neach State by an electoral college composed of members of the \nState Assembly, chairpersons and vice -chairpersons of the \nVillage Bodies , and Mayors and Deputy -Mayors of the \nMunicipal ities, with different weightage of vote by members of \nthe State Assembly, chairpersons and vice -chairpersons of the \nVillage Bodies , and Mayors and Deputy -Mayors of the \nMunicipal ities, as provided for in the Federal law, \n(b) Three members consisting of at least one woman nominated by \nthe President on recommendation of the Government of Nepal. \n(3) The term of office of the members of the National Assembly \nshall be six years. The term of office of one third of the members of the \nNational Assembly shall expire in every two years. \nProvided that, for the first time, after the commencement of this \nConstitution, arrangements shall be made by drawing lots to retire one -third of \n62 \n the members on the expiry of two yea rs, another one -third on the expiry of four \nyears, and the final one -third on the expiry of six years . \n(4) In computing the term of office of the members of the National \nAssembly for the first time after the commencement of this Constitution, the \nterm of office of all members shall be deemed to have commenced on the day \non which the first session of the National Assembly is held. \n(5) Any vacancy of seat in the National Assembly shall be filled for \nthe remainder of the term of office in the same manner of el ection or \nnomination as in which the seat of the vacating member was filled. \n(6) Other matters relating to election to the members of the National \nAssembly shall be as provided for in the Federal law. \n87. Qualification for m ember : (1) A person who has the following qualification \nshall be qualified to become a member of the Federal Parliament: \n(a) being a citizen of Nepal, \n(b) having completed the age of twenty five years , for the House of \nRepresentatives , and the age of thirty five years , for the National \nAssembly, \n(c) not having been convicted of a criminal offense involving moral \nturpitude, \n(d) not being disqualified by any Federal law, and \n(e) not holding any office of profit. \nExplanation : For the purposes o f this clause, \"office of profi t\" mean s any \nposition, other than a political position which is to be filled by election or \nnomination, for which a remuneration or economic benefit is paid out of a \ngovernment fund. \n(2) No person may be a member of both Houses at the same time. \n63 \n (3) If a p erson who holds a political office to be filled by way of \nelection, nomination or appointment is elected or nominated as a member of \nthe Federal Parliament under this Part, his or her such office shall ipso facto be \nvacant from the day on which he or she t akes an oath of office of member of \nthe Federal Parliament. \n88. Oath : Every me mber of each House of the Federal Parliament must , before \ntaking part for the first time in the session of the House or any of its \ncommittees, t ake an oath as provided for in the Federal law. \n89. Vacation of s eat: The seat of a member of the Federal Parliament shall become \nvacant in any of the following circumstances: \n(a) if he or she tenders resignation in writing before the Speaker or \nChairperson, \n(b) if he or she is no longer qualified or ceases to possess the \nqualification under Article 87, \n(c) if the term of the House of Representatives or the term of office \nof the member of the National Assembly expires, \n(d) if he or she absents himself or herself fro m ten consecutive \nmeetings, without giving notice to the concerned House, \n(e) if the political party of which he or she was a member when \nelected provides a notification in accordance with the Federal law \nthat he or she has defected from the party, \n(f) if he or she dies. \n90. Decision as to disqualification of m ember : If a question arises as to whether \nany member of the Federal Parliament is disqualified or has become \ndisqualified under Article 87, the Constitutional Bench of the Supreme Court \nshall finally decide that question . \n64 \n 91. Speaker and Deputy Speaker of House of Representatives : (1) The members of \nthe House of Representatives shall, not later than fifteen days of the date of \nholding of the first meeting of the House of Representatives , elect a Speaker \nand a Deputy Speaker from amongst themselves . \n(2) Election under clause (1) shall be so held that there is one woman \nout of the Speaker and the Deputy Speaker, and the Speaker and the Deputy \nSpeaker of the House of Representatives shall be repres entatives from different \nparties. \nProvided that if there is no representation of more than one party in the \nHouse of Representatives or no candidacy is filed by more than one party in \nspite of representation, nothing shall prevent the members of the same p arty \nfrom being the Speaker and the Deputy Speaker of the House of \nRepresentatives. \n(3) If the office of the Speaker or the Deputy Speaker falls vacant, \nthe members of the House of Representatives shall fill the vacancy by electing \nthe Speaker or Deputy Speaker from amongst themselves . \n(4) The Deputy Speaker shall, in the absence of the Speaker , chair \nthe House of Representatives . \n(5) If election to the Speaker and the Deputy Speaker is not held or if \nboth the positions become vacant, the attending member who is by age the \nsenior -most shall chair the meeting of the House of Representatives . \n(6) The office of the Speaker o r Deputy Speaker of the House of \nRepresentatives shall become vacant in any of the following circumstances: \n(a) if he or she ceases to be a member of the House of \nRepresentatives, \nProvided that, in the event of dissolution of the House of \nRepresentatives , the Speaker and the Deputy Speaker of the \n65 \n House of Representatives holding their respective offices shall \ncontinue in off ice until the previous day of the filing of \nnominations for another election to the House of Representatives, \n(b) if he or she tenders resignation in writing, \n(c) if a resolution is passed by a majority of two -thirds of the total \nnumber of the then member s of the House of Representatives that \nhis or her conduct is not compatible with his or her office. \n(7) The Deputy Speaker shall chair a meeting at which deliberations \nare to be held on a resolution that the conduct of the Speaker of the House of \nRepresent atives is not compatible with his or her office. The Speaker of the \nHouse of Representatives may take part and vo te in the deliberations on such \nresolution. \n92. Chairperson and Vice -Chairperson of National Assembly : (1) The members of \nthe National Assembly shall, not later than fifteen days of the date of holding \nof its first meeting , elect the Chairperson and the Vice -Chairperson of the \nNational Assembly from amongst themselves. \n(2) Election under clause (1) shall b e so held that there is one woman \nout of the Chairperson and the Vice -Chairp erson of the National Assembly. \n(3) If the o ffice of the Chairperson or Vice -Chairperson of the \nNational Assembly falls vacant, the members of the National Assembly shall \nfill the vacancy by electing its Chairperson or Vice -Chairperson from amongst \nthemselves. \n(4) The Vice -Chairperson of the National Assembly shall, in the \nabsence of its Chairperson , chair the Nation al Assembly . \n(5) If the election to the Chairperson and the Vice -Chairperson of the \nNational Assembly is not held or if both the positions become s vacant, the \n66 \n member who is by age the senior -most out of the attending members shall \nchair the meeting of the National Assembly . \n(6) The office of the Chairperson or Vice -Chairperson of the \nNational Assembly shall become vacant in any of the following circumstances: \n(a) if he or she ceases to be a member of the National Assembly , \n(b) if he or she tenders resignati on in writing, \n(c) if a resolution is passed by a majority of two -thirds of the total \nnumber of the then members of the National Assembly that his or \nher conduct is not compatible with his or her office. \n(7) The Vice -Chairperson of the National Assembly shall chair a \nmeeting at which deliberations are to be held on a reso lution that the conduct \nof the Chairperson of the National Assembly is not compatible with his or her \noffice. The Chairperson of the National Assembly may take part and vot e in \nthe deliber ations on such resolution. \n93. Summoning and p rorogation of s ession : (1) The President shall summon a \nsession of the Federal Parliament within thirty days of the declaration of final \nresults of the election to the House of Representatives . Thereafter, the \nPresident shall , from time to time, summon sessions of both or either of the \nHouses pursuant to this Constitution. \nProvided that the interval between the two consecutive sessions shall \nnot exceed six months. \n(2) The President may prorogue the session s of both or either of the \nHouses of the Federal Parliament . \n(3) If, during the prorogation or recess of the session of the House of \nRepresentatives , one -fourth of the total number of its members write a petition \nthat it is desirable to convene a session or meet ing, the President shall specify \n67 \n the date and time for such session or meeting. The House of Representatives \nshall meet or commence its session at the date and time so specified. \n94. Quorum : Except as otherwise provided in this Constitution, no question or \nresolution shall be presented for decis ion in a meeting of either House of the \nFederal Parliament unless one -fourth of the total number of its members are \npresent. \n95. Address by President : (1) The President may address either a meeting of any \nHouse or a joint sitting of both Houses of the Federal Parliament , and summon \nthe members for that purpose. \n(2) The President shall ad dress the first session after election to the \nHouse of Representatives and a joint sitting of both Houses of the Federal \nParliament after the commencement of the first session of each year. \n96. Deputy Prime Minister, Minister, Minister o f State and Assistant Minister \nentitled to take part in b oth Houses : The Deputy Prime Minister, Minister , \nMinister of State and Assistant Minister shall be entitled to attend and take part \nin the proceedings and deliberations of either House of the Federal Parliament \nor its committees. \nProvided that he or she shall not be entitled to vote in a House or its \ncommittee of which he or she is not a membe r. \n97. Formation of c ommittees : (1) The House of Representatives and the National \nAssembly may for m committees as provided for in the Federal law. \n(2) If a resolution is passed by either House demanding that a joint \ncommittee of both the Houses be formed f or the purpose of managing the \nworking procedures between the two Houses of the Federal Parliament, \nresolving disagreement on any Bill or for any other specified function, the joint \ncommittee shall be formed. The joint committee shall consist of a maximum of \n68 \n twenty five members in the ratio of five members from the House of \nRepresentatives to one member from the National Asse mbly . \n98. Transaction of b usiness in case of vacancy in seat of m ember : Either House of \nthe Federal Parliament shall have the power to transact its business \nnotwithstanding any vacancy in the seat of its member. No proceedings of \neither House of the Fede ral Parliament shall become invalid even if it is \nsubsequently discovered that a person who was not so entitled took part in such \nproceedings. \n99. Voting : Except as otherwise provided in this Constitution, any motions \nsubmitted for decision in either House o f the Federal Parliament shall be \ndecided by a majority vote of the mem bers present and voting. The member \nchairing the meeting shall not have the right to vote. \nProvided that he or she may cast vote in the case of a tie. \n100. Provisions r elating to vote o f confidence and motion of no-confidence : (1) The \nPrime Minister may, whenever he or she considers necessary or appropriate to \nshow that he or she has confidence from the House of Representatives , table a \nmotion to that effect in the House of Representatives for the vote of \nconfidence . \n(2) If the political party which the Prime Minister represents is \ndivided or a political party in coalition government withdraws its support, the \nPrime Minister shall table a motion in the House of Representatives for a vote \nof confidence within thirty days. \n(3) If a motion tabled under clauses (1) and (2) is not passed by a \nmajority of the total number of the then members of the House of \nRepresentatives, the Prime Minister shall rel ieve of his or her office. \n69 \n (4) One-fourth of the total number of the then members of the House \nof Representatives may table a motion of no-confidence in writing that the \nHouse has no confidence in the Prime Minister. \nProvided th at a motion of no confidence shall not be tabled until the first \ntwo years after the appointment of the Prime Minister and until another one \nyear after the date of failure of the motion of no confidence once tabled. \n(5) A motion of no confidence to be tabled under clause (4) shall \nalso indicate the name of a member propose d for the Prime Minister . \n(6) If a motion of no confidence tabled under clause (4) is passed by \na majority of the total number of the then members of the House of \nRepresentatives, the Prime Minister shall relieve of his or her office. \n(7) If the office of Prime Minister falls vacant because of the passage \nof a motion of no confidence under clause (6), the President shall , in \naccordance with Article 76, appoint as the Prime Minister the member of the \nHouse of Represent atives proposed under clause (5). \n101. Impeachment : (1) One fourth of the total number of the then members of the \nHouse of Representatives may move a motion of impeachment against the \nPresident or Vice -President on the ground of serious violation of this \nConstitution and the Federal law. If the motion is passed by at least two thirds \nmajority of th e total number of the then members of both Houses of the Federal \nParliament, he or she shall relive of his or her office. \n(2) One fourth of the total number of the then members of the House \nof Representatives may move a motion of impeachment against the Ch ief \nJustice of Nepal or a Judge of the Supr eme Court , member of the Judicial \nCouncil, chief or official of a Constitutional Body on the ground of his or her \nfailure to fulfil his or her duties of office because of serious violation of this \nConstitution and law, incompetence or misconduct or failure to discharge the \n70 \n duties of office honestly or serious violation of the code of conduct . If the \nmotion is passed by at least two thirds majority of the total number of the then \nmembers of the House of Representati ves, the concerned person shall reli eve \nof his or her office. \n(3) There shall be an impeachment recommendation committee in \nthe House of Representatives for the purpose of making recommendation after \ninquiring into whether there exist the ground and reason for moving a motion \nof impeachment against a ny person under clause (2). \n(4) The committee under clause (3) shall consist of eleven members \nof the House of Representatives. \n(5) If at least three members of the House of Representatives certi fy \nand submit a petition that the received information, notice or petition is \nadmissible on the ground of serious violation of the Constitution or \nincompetence or misconduct or failure to discharge the duties of office \nhonestly or serious violation of the code of conduct by the person relieving of \noffice on impeachment under clause (2) , and the committee under cla use (3), \nupon inquiring into such petition in accordance with Federal law, make s \nrecommendation to the House of Representatives for impeachment \nproceedings , a mot ion of impeachment under clause (2) may be moved . \n(6) After the commencement of impeachment proceedings under \nclause (2) , the Chief Justice of Nepal or Judge of the Supreme Court , member \nof the Judicial Council, chief or official of the Constitutional Body shall not be \nallowed to discharge the duties of his or her office pending the settlement of \nsuch proceedings. \n(7) A person who is charged with impeachment under clause (1) or \n(2) shall be provided with a reasonable opportunity to defend himself or \nherself . \n71 \n (8) Nothing shall bar the taking of action under the Federal law in \nrelation to the offence, if any, committed while in office by the President or \nVice -President, Chief Justice of Nepal or a Judge of the Supreme Court of \nNepal , member of the Judicial Cou ncil, chief or official of a Constitutional \nBody who is relieved of office upon the passage of a motion of impeachment \nunder this Article. \n(9) A person who is relieved of office on the passage of a motion of \nimpeachment under clause (1) or (2) shall not be entitled to obtain any facility \naccruing from such office and to be appointed or nominated to any public \noffice in the future. \n(10) Other matters relating to impeachment shall be as provided for in \nthe Federal law. \n102. Penalty for unauthorized presence or voting : If a person who has not taken oath \nunder Article 88 or who is not a member of the Federal Parliament is present or \nvotes in the capacity of member in a meeting of either House of the Federal \nParliament or of its committee , the person shall, by o rder of the person chairing \nthe meeting, be fined with a sum of five thousand rupees for each instance of \nsuch presence or voting, and such fine shall be recovered as a government due. \n103. Privileges : (1) There shall be full freedom of speech in both Houses of the \nFederal Parliament; and no member shall be arrested, detained or prosecuted in \nany court for anything expressed or any vote cast by him or her in the House. \n(2) Each House of t he Federal Parliamen t shall , subject to this \nConstitution, have full power to regulate and decide its internal business , and \nthe concerned House shall have the exclusive right to decide whether or not \nany of its proceedings is regular or irregular. No question shall be ra ised in any \ncourt in this behalf . \n72 \n (3) No comment shall be made about the good faith concerning any \nproceeding of any House of the Federal Parliament, and no publication and \nbroadcasting of any kind shall be made about anything said by any member, \nintentionally distorting or misinterpreting the meaning of the speech. \n(4) The provisions of clauses (1) and (3) shall also apply to other \npersons who are entitled to participate in the meetings of the House than the \nmembers of the Federal Parliament. \n(5) No proceedin gs shall be initiated in any court against any person \nin respect of the publication , under the authority granted by any House of the \nFederal Parliament , of any document, report, vote or proceeding. \nExplanation : For the purposes of clauses (1), (2), (3) and (4), \" House \" mean s \nthe House of Representatives or the National Assembly, and include s a joint \nsitting or committee or joint committee of the Federal Parliament . \n(6) No member of the Federal Parliament shall be arrested during the \nperiod from the issuance of a notice summoning the session to its prorogation. \nProvided that nothing in this clause shall be deemed to bar the arrest ing \nunder the Federal law of any member on a criminal charge. If any member is \nso arrested, the authority making s uch arrest shall forthwith give information \nthereof to the person presiding over the concerned House . \n(7) Any breach of the privilege s shall be deemed to constitute \ncontempt of the Federal Parliament, and the concerned House shall have the \nexclusive right to decide whether any privilege has been breached. \n(8) If any person is in contempt of any House , the person presiding \nover the concerned House may, after a decision by the House to that effect, \nadmonish, warn or impose a sentence of imprisonment for a ter m not \nexceeding three months or of a fine not exceeding ten thousand rupees on such \nperson, and such fine shall be recovered as a government due . \n73 \n Provided that if such person apologies to the satisfaction of the \nconcerned House , it may pardon , remit or commute the sentence imposed on , \nhim or her. \n(9) Other matters relating to the privileges of the Federal Parliament \nshall be as provided for in the Federal law. \n104. Procedures relating to conduct of b usiness : (1) Each House of the Federal \nParlia ment shall frame rules to conduct its business, maintain order du ring its \nmeetings and regulate the constitution, functions and procedures of the \ncommittees and procedures of the House or its committee. Until such rules are \nframed, the Federal Parliament shall regulate its procedures on its own. \n(2) The conduct of business of the joint sitting of the Federal \nParliament , and constitution and proceedings of the joint committee of the \nFederal Parliament shall be regulated by the rules or procedures approved by \nthe joint sitting of both Houses of the Federal Parliament. \n105. Restriction on d iscussion : No discussion shall be held in either House of the \nFederal Parliament on any matters that may cause adverse effect on the \ndispensation of justice on any cases which are sub judice in any courts of \nNepal and on any judicial acts done by Judges in the course of performance of \ntheir duties. \nProvided that nothing in this Articl e shall be deemed to bar the \nexpression of opinions about the conduct of a Judge during deliberations held \non a motion of impeachment. \n106. Secretary General and Secretary of Federal Parliament : (1) The President shall \nappoint the Secretary General of the House of Representatives on \nrecommendation of both the Speaker of the House of Representatives and the \nChairperson of the National Assembly, the Secretary of the House of \n74 \n Representatives on recommendation of the Speaker , and the Secretary of the \nNational A ssembly on recommendation of the Chairperson . \n(2) The qualification, functions, duties, powers and other conditions \nof service of the Secretary General of the Federal Parliament, Secretary of the \nHouse of Representatives and Secretary of the National Assem bly shall be as \nprovided for in the Federal law. \n107. Secretariat of Federal Parliament : There shall be a Secretariat for conducting \nand managing the business of the Federal Parliament. The establishment of \nsuch Secretariat and other matters related thereto shall be as provided for in the \nFederal law. \n108. Remuneration : The remuneration and facilities of the Speaker and the Deputy \nSpeaker of the House of Representatives, the Chairperson and the Vice -\nChairperson o f the National Assembly , chairpersons of the committees and \nmembers of the Federal Parliament shall be as provided for in the Federal law, \nand as specified by the Government of Nepal until such law is made. \n \n75 \n Part-9 \nFederal Legislative Procedures \n109. Legislative p owers of Federal Parliament : The legislative powers of the \nFederal Parliament shall be as enumerated in the lists of Schedule -5, Schedule -\n7 and Schedule -9. \n110. Procedures for introduction of Bills : (1) A Bill may, subject to this \nConstitution, be introduced in any House of the Federal Parliament. \nProvided that a Money Bill shall be introduced only in the House of \nRepresentatives . \n(2) A Money Bill and a Bill concerning a security body including the \nNepal Army, Nepal Police and Armed Polic e Force , Nepal shall be introduced \nonly as a Government Bill. \n(3) \"Money Bill\" mean s a Bill concerning any or all of the following \nsubjects: \n(a) the imposition, collection, abolition, remission, al teration \nor regulation of taxes, \n(b) the preservation of the Federal Consolidated Fund or any \nother Federal Government Fund, the deposit of moneys \ninto and the appropriation or the withdrawal of moneys \nfrom such Funds, or the reduction, increment or \ncancellation of appropriations or of propos ed expenditures \nfrom such Funds, \n(c) the regulation of matters relating to the borrowing of \nmoney or the giving of guarantee by the Government of \nNepal, or any matter pertaining to the amendment of the \n76 \n law with respect to any fin ancial obligations undertaken or \nto be undert aken by the Government of Nepal, \n(d) the custody and investment of all revenues received by \nany Federal Government Fund, moneys acquired through \nthe repayment of loans, and grant moneys, or accounts or \naudits of the acco unts of the Government of Nepal, or \n(e) Other matters directly related to any of the subj ects \nspecified in clause (a), (b), (c) or (d). \nProvided that any Bill shall not be deemed to be a Money Bill by \nthe reason only that it provides for the lev ying of any charges and fees \nsuch as license fee, application fee, renewal fee or for the imposition of \nfines or penalty of imprisonment. \n(4) If any question arises whether a Bill is a Money Bill or not, the \ndecision of the Speaker thereon shall be final. \n111. Procedures for p assage of Bills : (1) A Bill passed by one House of the Federal \nParliament shall be transmitted to the other Hous e as soon as possible and such \nBill, if passed by the receiving House, shall be presented to the President for \nassent . \n(2) A Money Bill passed by the House of Representatives shall be \ntransmitted to the National Assembly. The National Assembly shall , after \ndeliberations on such Bill, send back the Bill to the House of Representatives \nwithin fifteen days from the date of recei pt of the Bill, with suggestion s, if any. \n(3) The House of Representatives shall, upon deliberations on a Bill \nreturned with suggestion s under clause (2), present the Bill incorporating such \nsugges tions as it may deem appropriate to the President for asse nt. \n77 \n (4) If the National Assembly does not return a Money Bill received \nunder clause (2) for more than fifteen days, the House of Representatives may \npresent the Bill to the President for assent. \n(5) Any Bill, except for a Money Bill, passed by the House of \nRepresentatives and transmitted to the National Assembly shall be returned \nwith approval or suggestions within two months from the date of receipt. If the \nNational Assembly does not return the Bill within that period, the House of \nRepresentatives may, by a resolution passed by a majority of the total number \nof its existing members, present the Bill to the President for assent. \n(6) If any Bill , other than a Money Bill, passed by one House is \nrejected or is passed with amendments by the other House, the Bill shall be \nreturned to the House where it originated. \n(7) If the House of Representatives , in considering a Bill which has \nbeen rejected or amended by the National Ass embly under clause (6), passes it \nagain as it was or with amendments, by a majority of the total number of its \nexisting members, the Bill shall be presented to the President for assent. \n(8) If a Bill which has been returned with amendments by the House \nof Representatives to the National Assembly under clause (6) is also again \npassed, with such amendments, by a majority of the number of existing \nmembers of the National Assembly, the Bill shall be presented to the President \nfor assent . \n(9) The following Bills shall be referred to a joint sitting of the both \nHouses , and if the joint sitting passes the Bill as it was or with amendments, \nthe House in which the Bill originated shall present it to the President for \nassent: \n(a) Bills which, though passed by the National Assembly , \nhave been rejected by the House of Representatives, or \n78 \n (b) Bills which have been returned to the National Assembly \nwith amendments by the House of Representatives , but the \nNational Assembly has not agreed on such amendments. \n(10) Even though the session of a House is prorogued while a Bill is \nunder its consideration, deliberations on the Bill may continue at the \nsucceeding session. \nProvided that if the House of Representatives is dissolved or its term \nexpires when any Bill introduced in the House of Representatives is under its \nconsideration or when any Bill passed by the House of Representatives is \nunder consideration in the National Assembly , such Bill shall lapse . \n112. Withdrawal of Bills : One who has introduced a Bill may, with the approval of \nthe House, withdraw the Bill. \n113. Assent on Bills : (1) A Bill which is to be submitted to the President for assent \nunder Article 11 1 shall be so submitt ed by the Speaker or the Chairperson of \nthe House in which the Bill originated after it has been certified by him or her. \nProvided that in the case of a Money Bill, the Speaker shall so certify. \n(2) A Bi ll submit ted to the President for his or her assent in \naccordance with this Article shall be assented to within fifteen days , both \nHouses shall be informed thereof as soon as possible. \n(3) If the President is of the opinion that any Bill , except a Money \nBill, submitted for assent needs reconsideration , he or she may , within fifty \ndays from the date of presentation of such Bill, return the Bill with his or her \nmessage to the House in which the Bill originated. \n(4) If any Bill is returned with a message by the President , and both \nHouses reconsider , passes such Bill as it was or with amendments and submit it \nagain, the President shall give assent to that Bill within fifteen days of such \nsubmission . \n79 \n (5) A Bill shall become an Act after the Pr esident gives assent to it . \n114. Provisions r elating to Ordinance : (1) If, at any time, except when both Houses \nof the Federal Parliament are in session, circumstances exist which render it \nnecessary to take immediate ac tion, the President may, on recommendation of \nthe Coun cil of Ministers, promulgate an Ordinance. \n(2) An Ordinance promulgated under clause (1) shall have the same \nforce and effect as an Act. \nProvided that every such Ordinance: \n(a) shall be tabled at the session of both Houses of the Federal \nParliament held after the promulgation, and if not passed \nby both Houses, it shall ipso facto cease to be effective, \n(b) may be repeal ed at any time by the President, and \n(c) shall, unless rendered ineffective or repealed under sub -\nclause (a) or (b), ipso facto cease to be effective at the \nexpiration of sixty days after the day on which a meeting \nof both Houses is held. \nExplanation : For the purposes of this clause, \"day on which a meeting \nof both Houses is held\" mean s the day on which a session or meeting of \nboth Houses of the Federal Parliament commences or is held , and this \nterm means the later day on which a meeting of the House is held if the \nHouses of the Federal Parliament meet on different dates. \n \n80 \n Part-10 \nFederal Financial Procedure s \n115. No tax to be levied or loan to be raised : (1) No tax shall be levied and \ncollected except in accordance with law. \n(2) No loan shall be raised and guarantee given by the Government \nof Nepal except as provided for in the Federal law. \n116. Federal Consolidated Fund : Except for the revenues of trusts ( Guthi ), all \nrevenues received by the Government of Nepal, all loans raised on the security \nof reven ues, all amount s received in repayment of any loans made under the \nauthority of any Act and any other moneys received by the Government of \nNepal shall , except as otherwise provided by a Federal Act, be credited to a \nGovernment Fund to be known as the Federal Consolidated Fund. \n117. Expenditures from Consolidated Fund or Government Fund : No expenditure \nshall be incurred out of the Federal Consolidated Fund or any other Federal \nGovernment Fu nd except the following: \n(a) moneys charged on the Federal Consolidated Fund, \n(b) moneys required to meet the expenditure under a Federal \nAppropriation Act, \n(c) advance moneys authorized by a Federal Act required to meet \nexpenditures, when an Appropriat ion Bill is under consideration, \nor \n(d) expenditures to be incurred in extraordinary circumstances under \na Federal V ote of Credit Act which contains only a description of \nexpenditures. \nProvided that matters relating to the Federal Contingency Fund shall be \ngoverned by Article 124 . \n81 \n 118. Expenditures c hargeable on Federal Consolidated Fund : The expenditures \nrelating to the following matters shall be charged on the Federal Consolidated \nFund, and approval of the Federal Parliament shall not be required for such \nexpenditures: \n(a) the amount required as remuneration and facilities of the \nPresident and the Vice -president, \n(b) the amount required as remuneration and facilities payable to the \nChief Justice of Nepal, Judges o f the Su prem e Court, and \nmembers of the Judicial Council, \n(c) the amount required as remuneratio n and facilities payable to the \nSpeaker and the Deputy Speaker of the House of \nRepresentatives, and the Chairperson and the Vice Chairperson \nof the National Ass embly, \n(d) the amount required as remuneration and facilities payable to the \nchiefs and officials of the Constitutional Bodies, \n(e) the amount required as remuneration and facilities of the Chiefs \nof States, \n(f) the administrative expenses of the Office of the President or the \nVice President, the Supreme Court, the Judicial Counci l, the \nConstitutional Bodies, and the offices of Chiefs of States, \n(g) all charges relating to debts for which th e Government of Nepal \nis liable, \n(h) any sum required to satisfy any judgment or decree made by a \ncourt against the Government of Nepal, and \n(i) any other sum to be chargeable by the Federal law on the Federal \nConsolidated Fund. \n82 \n 119. Estimates of revenues and expenditures : (1) The Minister for F inance of the \nGovernment of Nepal shall, in respect of every financial year, lay before the \njoint sitting of both Houses of the Federal Parliament an annual estimate \nsetting out , inter alia , the following matters: \n(a) an estimate of revenues, \n(b) the money s required to meet the charges on the Federal \nConsolidated Fund, and \n(c) the moneys required to meet the expe nditure to be provided for \nby a Federal Appropriation Act. \n(2) The annual estimate to be laid pursuant to clause (1) shall also be \naccompanied by a statement of the expenses allocated to every Ministry in the \nprevious financial year and particulars of whether the objectives of the \nexpenses have been achieved. \n(3) The Minister for Finance of the Government of Nepal shall lay \nbefore the Federal Parliament an estimate of revenues and expenditures under \nclause (1) on the 15th day of Jesta (mid May) each year. \n120. Appropriation Act : The moneys to be spent under an Appropriation Act shall \nbe specified under concerned heads in an Appropriation Bill . \n121. Supplementary e stimates : (1) The Minister for Finance of the Government of \nNepal may lay before the House of Representatives a supplementary estimate \nif it is found in any financial year, - \n(a) that the sum authorized to be spent for a particular service by the \nAppropriation Act for the current financial year is insufficient, or \nthat a nee d has arisen for expenditures on some new service not \nprovided for by the Appropriation Act for that year, or \n83 \n (b) that the expenditures made during that financial year are in \nexcess of the amount authorized by the Appropriation Act. \n(2) The sums include d in the supplementary estimate shall be \nspecified under the related heads in a Supplementary Appropriation Bill. \n122. V otes on a ccount : (1) Notwithstanding anything contained elsewhere in this \nPart, a portion of the expenditure estimated for the financial year may, when an \nAppropriation Bill is under consideration, be incurred in advanc e, as provided \nfor in the Federal Act. \n(2) A V ote on Accou nt Bill shall not be introduced until the estimates \nof revenues and expenditures have been laid in ac cordance with Article 119 , \nand the sums involved in the V ote on Account shall not exceed one -third of the \nestimate of expenditures for the financial year. \n(3) The expenditures incurred in accordance with the Federal V ote \non Account Act shall be included in the Appropriation Bill. \n123. V otes of c redit: Notwithstanding anything contained elsew here in this Part, if \nowing to an emergency due to either natural ca uses or a threat of external \naggression or internal disturbances or other reasons, it appears to be \nimpractical or inexpedient in view of the security or interest of the country to \nspecify the d etails required under Article 119 , the Minister for Finance of the \nGovernment of Nepal may lay before the House of Representatives a V ote of \nCredit Bill giving only a statement of expenditures. \n124. Federal contingency f und: (1) A Federal Act may create a fund to be known as \nthe contingency f und into which such moneys as may be determined by the \nFederal Act shall be paid from time to time . \n(2) The Government of Nepal shall control the f und under clause (1) , \nand may meet any unforeseen expenditure out of such f und. \n84 \n (3) The amount of the expen diture under clause (2) shall be \nreimbursed as soon as possible as provided for in the Federal Act. \n125. Act relating to financial p rocedures : Matters relating to the transfer of moneys \nappropriated by the Federal Act from one head to another and other fin ancial \nprocedures shall be as provided for in the Federal Act. \n \n85 \n Part-11 \nJudiciary \n126. Courts to exercise powers relating to j ustice : (1) Powers relating to justice in \nNepal shall be exercised by courts and other judicial bodies in ac cordance with \nthis Constitution, other laws and the recognized principles of justice. \n(2) All shall abide by the orders or decisions made in the cour se of \ntrial of lawsuits by the c ourts. \n127. Courts : (1) There shall be the following c ourts in Nepal: \n(a) Supreme Court, \n(b) High Court, and \n(c) District Court. \n(2) In addition t o the c ourts under clause (1), judicial bodies may be \nformed at the Local level to tr y cases under law or other bodies as required \nmay be formed to pursue alternative dispute settlement methods. \n128. Supreme Court : (1) There shall be a Supreme Court in Nepal. \n(2) The Supreme Court shall be a court of record. All courts and \njudicial bodies shall, except as otherwise provided in this Constitution, be \nunder the Supreme Court. The Supreme Court shall have the final authority to \ninterpret this Constitution and laws. \n(3) The Supreme Court may inspect, supervise an d give necessary \ndirectives to, it and courts, specialized courts or other judicial bodies under its \njurisdiction, in relation to matters relating to judicial administration or \nmanagement. \n(4) All must abide by any interpretation of the Constitution or a law \nmade by or any legal principle laid down by the Supreme Court in the course \nof trying a lawsuit. If anyone makes obstruction in the dispensation of justice \n86 \n by, or disregard any order or judgment handed down by, it or any of its \nsubordinate courts, the Supreme Court may , in accordance with law, initiate \nproceedings and impose punishment for contempt . \n129. Appointment and q ualification of Chief Justice of Nepal and Judges of \nSupreme Court : (1) The Supreme Court shall consist of a maximum of twenty \nJudges, in addition to the Chief Justice of Nepal. \n(2) The President shall appoint the Chief Justice, on recommendation \nof the Constitutional Council, and other Judges of the Supreme Court, on \nrecommendation of the Judicial Council. \n(3) Any person who has served as a Judge of the Supreme Court for \nat least three years shall be qualified for appointment as the Chief Justice. \n(4) The term of of fice of the Chief Justice shall be six years . \n(5) Any citizen of Nepal who has obtained a bachelor 's degree in law \nand served as the Chief Judge or a Judge of a High Court for at least five years \nor who has obtained a bachelor 's degree in law and constantly practiced law as \na senior advocate or advocate for at least fifteen years or who is a distinguished \njurist having constantly worked for at least fifteen years in the judicial or legal \nfield or who has served in the post of Gazetted first class or a higher post of the \nJudicial Service for at least twelve years shall be deemed qualified for \nappointment as a Judge of the Supreme Court. \nExplanation : The period during which one has served as the Chief Judge or \nJudge of an Appellate Court prior to the commencement of this Constitution \nshall, for the purposes of this clause, be deemed to be the period of service in \nthe capacity of the Chief Judge or Judge of the High Court. \n(6) If the office of the Chief Justice falls vacant or the Chief Justice \nis unable to carry out the duties of his or her office by reason of illness or \notherwise or he or she cannot be present in the Supreme Court by reason of a \n87 \n leave of absence or his or her bei ng outside of Nepal, the senior -most Judge of \nthe Supreme Court shall act as the Acting Chief Justice. \n130. Conditions of service and f acilities of Chief Justice and Judge s: (1) If the Chief \nJustice or a Judge of the Supreme Court who has served for at lea st five years \nresigns or undergoes compulsory retirement or dies, he or she shall be entitled \nto suc h pension as may be provided for in the Federal law. \n(2) Except as otherwise provided in this Constitution, the \nremuneration and other conditions of service of the Chief Justice and Judges of \nthe Sup reme Court shall be provided for in the Federal law. \n(3) Notwithstanding anything contained in clauses (1) a nd (2), the \nChief Justice or a Judge of the Supreme Court who has been removed from \noffice by way of impe achment or who has been punished by a court for a \ncriminal offence involving moral turpitude shall not be entitled to gratuity or \npension. \n(4) The remuneration and other conditions of service of the Chief \nJustice or a Judge of the Supreme Court shall not b e altered to his or her \ndisadvantage. \nProvided that this provision shall not apply in cases where a state of \nemergency is declared because of extreme economic disarrays. \n131. Vacation of office of Chief Justice or Judge of Supreme Court : The office of \nthe Chief Justice or a Judge of the Supreme Court shall be vacant in any of the \nfollowing circumstances: \n(a) if he or she tenders resignation in writing before the President , \n(b) if he or she atta ins the age of sixty -five years, \n(c) if a motion of impeachment is passed against him or her under \nArticle 101, \n88 \n (d) if the President removes from office the Chief Justice, on \nrecommendation of the Constitutional Council, and the Judge of \nthe Supreme Court, on recommendation of the Judicial Cou ncil, \non the ground that he or she is unable to discharge his or her \nduties becaus e of physical or mental illness, \n(e) if he or she is punished by a court for a criminal offence \ninvolving moral turpitude, \n(f) if he or she dies. \n132. Chief Justice and Judge s of Supreme C ourt not to be engaged in any o ther \noffice: (1) No Chief Justice or Judge of the Supreme Court shall be engaged in \nor deputed to any office other than that of Judge. \nProvided that the Government of Nepal may, in consultation with the \nJudicial Council, depute a Judge of the Supreme Court to work concerning \njudicial inquiry, or to legal or jud icial investigation or research for a specified \nperiod. \n(2) No person who has o nce held the office of Chief Justice or a \nJudge of the Supreme Court shall be eligible for appoi ntment to any \ngovernment office, except as otherwise provided in this Constitution. \n133. Jurisdiction of Supreme Court : (1) Any citizen of Nepal may file a peti tion in \nthe Supreme Court to have any law or any part thereof declared void on the \nground of inconsistency with this Constitution because it imposes an \nunreasonable rest riction on the enjoyment of any fundamental right conferred \nby this Cons titution or on any other ground, or to have any law or any part \nthereof made by a State Assembly declared void because it is inconsistent with \nany law made by the Federal Parliament or to have any law or any part thereof \nmade by a Municipal Assembly or Village Assembly d eclared void because it \nis inconsistent with a law made by the Federal Parliament or the State \n89 \n Assembly , and the Supreme Court shall have an extra -ordinary power to \ndeclare that law to be void either ab initio or from the date of its decision if the \nlaw appears to be so inconsistent . \n(2) The Supreme Court shall, for the enforcement of the fundamental \nrights conferred by this Cons titution or of any other legal right for which no \nother remedy has been provided or for which the remedy even though provided \nappears to be inadequate or ineffective or for the settlement of any \nconstitutional or legal question involved in any dispute of public interest or \nconcern, have the extraordinary power to issue necessary and appropriate \norders , provide appropriate remedie s, enforce such right or settle such dispute. \n(3) Under the extra -ordinary jurisdiction under clause (2 ), the \nSupreme Court may issue appropriate orders and writs including the writs of \nhabeas corpus , mandamus , certiorari , prohibition and quo warranto . \nProvided that except on the ground of lack of jurisdiction, the Supreme \nCourt shall not under this clause interfere with any internal proceedings of the \nFederal Parliament or State Assembly, and with any proceedings instituted by \nthe Federal Parliament or Sta te Assembly concerning violation of its privileges \nand penalties imposed therefor. \n(4) Subject to this Constitution, t he Supreme Court shall , as provided \nin a Federal law, have the power to originally try and settle cases, hear appeals, \ntest judgments referred for confirmation, revise cases, hear petitions or review \nits judgments or final orders. Judges other than those having handed down the \nprevious judgment shall make such review. \n(5) The Supreme Court shall settle appeals from cases originally \ntried and settled by a High Court and matters of public importance involving \nquestions of interpretation of the Constitution and law or cases recommended \n90 \n by a High Cou rt, accompanied by its opinion, that it is reasonable that decision \nbe made by the Supreme Cou rt. \n(6) Other powers and procedures of the Supreme Court shall be as \nprovided for in the Federal law. \n134. Power to transfer of c ases: (1) If cases which involve substant ially the same \nquestions are sub judice before the Supreme Court and a High Court , and the \nSupreme Court is satisfied on its own or on application by the Attorney \nGeneral or parties to such case s that such questions are of public importance, \nthe Supreme Court shall have the power to procure and adjudge the cases \ntogether. \n(2) If there e xists a special situation wher e judicial impartiality can \nbe questioned if a case filed in a High Court is tried by that Court, the Supreme \nCourt may , for reasons and grounds to be recorded, order such case to be \ntransferred from such High Court to another High Court and tried by the latter \nHigh Court , in accordance with law. \n135. Not to be engaged in practice of law : No Chief Justice or Judge of the Supreme \nCourt may, after retirement from service, be engaged in the practice of law, \nmediation or arbitratio n proceedings before any office or court. \n136. Responsibility of Chief Justice : The Chief Justice shall have the ultimate \nresponsibility to make effective the administration of justice by the Supreme \nCourt , subordinate courts, specialized courts or other j udicial bodies. \n137. Formation of Constitutional Bench : (1) The re shall be a Constitutional Bench \nin the Supreme Court . The Constitutional Bench shall consist of the Chief \nJustice and other four Judges designated by the Chief Justice on \nrecommendation of the Judicial Council. \n91 \n (2) The Bench under clause (1) shall originally try and settle the \nfollowing cases, in addition to the petitions filed in accordance with clause (1) \nof Article 133: \n(a) Disputes relating to jurisdiction between the Federation and a \nState, between States, between a State and a Local l evel and \nbetween Local l evels, \n(b) Disputes relating to election to members of the Federal \nParliament or State Assembly and matters relating to \ndisqualification of a member of the Federal Parliament or of the \nState Assembly. \n(3) Notwithstanding anything contained in Article 133, if it appears \nthat any case sub judice in the Supreme Court involves a question of serious \nconstitutional interpretation, the Chief Justice may appoint such case to be tried \nby the Bench under clause (1). \n(4) Other provisions relating to the functioning of the Constitutional \nBench shall be as determined by the Supreme Court. \n138. Annual report : (1) The Supreme Court, Judicial Council and Judicial Service \nCommission shall, every year, submit annual report s to the President , and th e \nPresident shall submit such report s to the Federal Parliament through the Prime \nMinister. \n(2) If the Federal Parliament, upon deliberating on the annual reports \nsubmitted under clause (1), deems it necessary to give any suggestion, it may \ngive such suggestion to the concerned body through the Government of Nepal, \nMinistry of Law and Justice. \n(3) Other provisions relating to annual reports under clause (1) shall \nbe as provided for in the Federal law. \n139. High Courts : (1) There shall be a High Court in each State. \n92 \n (2) If anyone makes obstruction in the dispensation of justice by, or \ndisregard any order or judgmen t handed down by, it or any of its subordinate \ncourts or judicial bodies, the High Court may initiate proceedings on and \nimpose punishment for contempt, as provided for in the Federal law. \n(3) Each High Court shall consist of such number of Judges, in \naddition to t he Chief Judge, as provided for in the Federal law. \n140. Appointment and qualification of Chief J udge and J udges of High Court : (1) \nThe C hief Justice shall, on recommendation of the Judicial Council, appoint \nthe Chief Judge and Judges of the High Court. \n(2) Any citizen of Nepal who has obtained a bachelor 's degree in law \nand served as a Judge of a District Court for at least five years or who has \nobtained a bachelor 's degree in law an d constantly practiced law as a senior \nadvocate or advocate for a t least ten years or who has constantly been engaged \nin the teaching or research of law or in any other field relation to law or justice \nfor at least ten years or who has served in the post of at least Gazetted first \nclass of the Judicial Service for at le ast five years shall be deemed qualified for \nappointment as the Chief Judge or a Judge of the High Court. \n(3) Appointments to the Chief Judge and Judges of a High Court \nshall be made from amongst the persons who have possessed the qualification \nunder claus e (2) on the basis of the proportion of cases settled by him or her \nannually and of evaluation of cases upheld, quashed or reversed by superior \ncourt s in the course of final decision thereof, in the case of a District Judge, \nand of his or her seniority, qu alification and evaluation of standard of \nperformance of business , in the case of a person who has served in the post of \nat least Gazetted first class of the Judicial Service, and of evaluation of \nseniority, professional continu ity, honesty, professional condu ct and \ncontribution made to the field of law and justice , in the case of other s. \n93 \n (4) If the office of the Chief Ju dge falls vacant or the Chief Judge is \notherwise unable to carry out the duties of his or her office or cannot be present \nin the High Court by reason of a leave of absence or his or her being outside of \nthe State , the senior -most Judge of the High Court shall act as the Acting Chief \nJudge . \n141. Conditions of s ervice and f acilities o f Chief Judge and Judges : (1) Except as \notherwise provided in this Constitution, the remuneration and other conditions \nof service of the Chief Judge and Judges of the High Court shall be provided \nfor in the Federal law. \n(2) Notwithstanding anything contained in clause (1), the Chief \nJudge or a Judge of a High Court who has been removed from office upon \naction by the Judicial Council or upon punishment by a court for a criminal \noffence involving moral turpitude shall not be entitled to gratuity or pension. \nProvided that this provision shall not apply in cases w here the Judicial \nCouncil has removed him or her from office on the ground of inability to \nperform the duties of his or her office because of physical or mental illness. \n(3) The remuneration and other conditions of service of the Chief \nJudge or a Judge of the High Court shall not be altered to his or her \ndisadvantage. \nProvided that this provision shall not apply in cases where a state of \nemergency is declared because of extreme economic disarrays. \n142. Vacation of office of Chief Judge or Judge : (1) The office of Chief Judge or \nJudge of a High Court shall be vacant in any of the following circumstances: \n(a) if he or she tenders resignation in writing before the Chief \nJustice, \n(b) if he or she attains the age of sixty -three years, \n94 \n (c) if he or she is removed from office by the Chief Justice on \nrecommendation of the Judicial Council, on the ground of \nhis or her incompetence, bad conduct, failure to perform \nhis or her duties honestly, performance of business with \nmala fide intention or serious violation by him or her of \nthe code of conduct required to be observed by him or her, \n(d) if he or she is removed from office by the Chief Justice on \nrecommendation of the Judicial Council on the ground \nthat he or she is unable to discharge his or her duties \nbecaus e of physical or mental illness, \n(e) if he or she is punished by a court for a criminal offence \ninvolving moral turpitude, \n(f) if he or she dies. \n(2) A Judge who is facing a charge shall be provided with a \nreasonable opportunity to defend himself or herself prior to removing him or \nher from the office unde r sub -clause (3) of clause (1). The Judge against whom \nthe proceedings have been so instituted shall not be allowed to perform the \nduties of his or her office until the proceedings are completed. \n(3) Nothing shall bar the institution of action in accordance with the \nFederal law against the Chief Judge or Judge who has been removed from \noffice for an off ence which he or she has committed while in office. \n143. Chief Judge and Judge s not to b e engaged in any other o ffice and provisions \nrelating to t ransfer : (1) No Chief Judge or Judge of a High Court shall be \nengaged in or deputed to any office other than that of Judge. \nProvided that the Government of Nepal may, in consultation with the \nJudicial Council, depute a Judge of the High Court to work concerning judicial \n95 \n inquiry, or to legal or judicial investigation or research or to any business of \nnational conc ern for any specific period. \n(2) The Chief Justice may, on recommendation of the Judicial \nCouncil, transfer a Judge of a High Court to another High Court. \n144. Jurisdiction of High Court : (1) The High Court shall have the power to issue \nnecessary and appropriate orders , for the enforcement of the fundamental \nrights conferred by this Constitution or for the enforcement of any other legal \nright for which no other remedy has been provided or for which the remedy \neven though provided appears to be inadequate or ineffective or for the \nsettlement of any legal question involved in any dispute of public interest or \nconcern, \n(2) For the purposes of clause (1 ), the High Court may issue \nappropriate orders and writs including the writs of habeas corpus , mandamus , \ncertiorari , prohibition and quo warranto . \nProvided that except on the ground of absence of jurisdiction, the High \nCourt shall not under this clause interfere with any internal proceedings of the \nFederal Parliament or State Assembly, and with any proceedings instituted by \nthe Federal Parliament or State Assembly concerning violation of its privileges \nand penalties imposed therefor. \n(3) The High Court shall, in accordance with the Federal law, have \nthe power to originall y try and settle cases, hear appeals and test judgments \nreferred fo r confirmation. \n(4) Other powers and procedures of the High Court shall be as \nprovided by the Federal law. \n145. Power to transfer c ases: (1) If a High Court is of the opinion that a case which \nis sub judice in a subordinate court within its jurisdiction involves a question \nrelating to a State law and it is essential to settle that question in order to \n96 \n decide the case, the High Court may procure the case and dispose the case \nwholly or decide only such question and remand the case to the court of first \ninstance. \n (2) If it is satisfied with the reason that there exists a situation where \njudicial impartiality can be questioned if a case filed in a District Court is tried \nby that Court, th e High Court may, for reasons and grounds to be recorded, \norder such case to be transferred from such District Court to another District \nCourt under its jurisdiction and tried by the latter District Court, as provided \nfor in the Federal law. \n146. To be engaged in practice of l aw: A person who has retired from the office of a \nJudge of a High Court may be engaged in the practice of law before the \nSupreme Court and a High Court, other than the High Court where he or she \nhas served as a Judge and a subordina te court. \n147. Responsibility of Chief Ju dge: The Chief Judge shall have the ultimate \nresponsibility to make effective the administration of justice by the High Court \nand the C ourts or other judicial bodies which are subordinate to it . For that \npurpose, t he Chief Judge may, subject to this Constitution and the Federal law, \ngive necessar y direction to the subordinate C ourts and judicial bodies. \n148. District Courts : (1) There shall be a District Court in each District. \n(2) The L ocal level judicial bodies established in accordance with \nthe State law shall be subordinate to the District Court. The District Court may \ninspect as well as supervise and give necessary direction to its subordinate \njudicial bodies . \n149. Appointment, qualification, remuneration and other c onditi ons of s ervice of \nJudges of District Courts : (1) The Chief Justice shall, on recommendation of \nthe Judicial Council, appoint Judges of the District Courts. \n97 \n (2) The vacant posts of Judge s of the District Court shall be filled a s \nfollows: \n(a) twenty percent of the vacant posts , on the basis of evaluation of \nseniority, qualification and competency, from amongst the \nofficers who have obtained bachelor's degree in law and served \nfor at least three years in the post of Gazetted Second Class of the \nJudicial Service, \n(b) forty percent of the vacant posts , on the basis of open \ncompetitive examination, from amongst the officers who have \nobtained bachelor's degree in law and served for at least three \nyears in the post of Gazetted Second Class of the Judicial \nService, \n(c) the remainin g forty percent of the vacan t posts , on the basis of \nopen competitive examination, from amongst the citizens of \nNepal who, having obtained bachelor's degree in law, have \nconstantly practiced law for at least eight years as an advocate or \nwho, having obtained bachelor's degree in law, have served in a \nGazetted post of the Judicial Service for at least eight years or \nhave constantly been engaged in the teaching or research of law \nor served in any other fie ld of law or justice for at least eight \nyears. \n(3) The Judicial Service Commission shall, in accordance with the \nFederal law, hold written and oral competitive examinations for the persons \nwho have possessed the qualification under sub -clauses (b) and (c) of clause \n(2), and make recommendation, in order of merit, to the Judicial Council for \nappointment as District Judges. \n98 \n (4) The remuneration and other conditions of service of the Judges \nof the District Cou rt shall be provided for in the Federal law. \n (5) The remuneration and other conditions of service of a Judge of \nthe District Court shall not be altered to his or her disadvantage. \nProvided that this provision shall not apply in cases where a state of \nemergency is declared because of extreme economic disa rrays. \n(6) The office of a Judge of the District Court shall be vacant in any \nof the following circumstances: \n(a) if he or she tenders resignation in writing before the Chief \nJustice, \n(b) if he or she attains the age of sixty -three years, \n(c) if he or she is removed from office by the Chief Justice on \nrecommendation of the Judicial Council, on the ground of \nhis or her incompetence, misconduct, failure to perform \nhis or her duties honestly, performance of business with \nmala fide intention or serious violati on by him or her of \nthe code of conduct required to be observed by him or her, \n(d) if he or she is removed from office by the Chief Justice on \nrecommendation of the Judicial Council on the ground \nthat he or she is unable to continue service and discharge \nhis or her duties becaus e of physical or mental illness, \n(e) if he or she is punished by a court for a criminal offence \ninvolving moral turpitude, \n(f) if he or she dies. \n(7) A District Judge who is accused shall be given a reasonable \nopportunity to defend h imself or herself before removing him or her from \n99 \n office under sub -clause (c) of clause (6). The District Judge against whom the \nproceedings are so initiated shall not perform the duties of his or her office \nuntil the proceedings are completed. \n(8) Nothing shall prevent the instituting of action , in accordance with \nthe Federal law, against a District Judge who is removed from office for an \noffence which h e or she has committed while in office. \n150. District Judges not to be engaged in any o ther office and provisions r elating to \ntransfer : (1) No District Judge shall be engaged in or deputed to any office \nother than that of Judge. \nProvided that the Government of Nepal may, in consultation with the \nJudicial Council, depute a District Judge to work concerning judicial inquiry, \nor to legal or judicial investigation or research and to any election related work, \nfor a specified period. \n(2) The Chief Justice may, on recommendation of the Judicial \nCouncil, transfer a District Judge from one District Court to another District \nCourt. \n151. Jurisdiction of District Court : (1) Except as otherwise provided by the Federal \nlaw, a District Court shall have the power to originally try and settle all cases \nunder its jurisdiction , to try petitions under law, including petitions of habeas \ncorpus and prohibition, hear appeals under law from decisions made by quasi -\njudicial bodies, hear appeals from decisions made by L ocal leve l judicial \nbodies formed under the State law, institute contempt proceedings and punish \nfor contempt under the Federal law if anyone makes obstruction in the \ndispensation of justice by , or disregards any order or judgment by, it or any of \nits subordinate courts. \n(2) Other provisions relating to the jurisdiction and procedures of the \nDistrict Courts shall be as provided for in the Federal law. \n100 \n 152. Specialized c ourts : (1) Other specialized courts, judic ial bodies or tribunals \nmay be formed to try and settle specific types and nature of cases other than \nthose mentioned in Article 127, as provided for in the Federal law. \nProvided that no specialized court, judicial body or tribunal shall be \nformed for any specific case. \n(2) No criminal offence involving imprisonment for a term of more \nthan one year shall fall under the jurisdiction of a body other than a court, \nspecialized court, military court or judicial body. \n153. Judicial Council : (1) There shall be a Judicial Council to make \nrecommendation or give advice, in accordance with this Constitution, on the \nappointment of, transfer of, disciplinary action against, and dismissal of, \nJudges, and other matters relating to the administration of justice, which shall \nconsist of the following as its chairperson and members: \n(a) The Chief Justice - Chairperson \n(b) The Federal Minister for Law and Justice - Member \n(c) The senior -most Judge of the Supreme \nCourt - Member \n(d) One jurist nominated by the President on \nrecommendation of the Prime Minister \n- Member \n(e) A senior advocate or advocate who has \ngained at least twenty years of experience, \nto be appointed by the President on \nrecommendation of the Nepal Bar \nAssociation - Member \n101 \n (2) The term of office of the members under sub-clauses (d) and (e) \nof clause (1) shall be four years, and their remuneration and facilities shall be \nequivalent to those of a Judge of the Supreme Court. \n(3) The members under sub-clauses (d) and (e) of clause (1) shall be \nremoved from office in the same manner and on the same grounds as a Judge \nof the Suprem e Court. \n(4) The chairperson and a member of the Judicial Council may study \nthe case associated with a complaint filed in respect of any Judge, and make a \nreport thereof to the Judicial Council. \n(5) If a preliminary inquiry of a complaint filed in respect of any \nJudge reveals a need to have a detailed inquiry by an expert, the Judicial \nCouncil may form an inquiry committee. \n(6) If a Judge, other than a Judge who can be removed from office \nby way of impeachment in accordance with this Constitution, commits a n \nabuse of authority by way of corruption, the Judicial Council may investigate \ninto the matter and institute a case in accordance with law. \n(7) The Judicial Council must prepare updated records of the persons \nwho are qualified for appointment to offices of the Chief Justice , Judges of the \nSupreme Court, Chief Judge s and Judge s of the High Courts. \n(8) Other functions, duties and powers of the Judicial Council shall \nbe as provided for in the Federal law . \n154. Judicial Service Commission : (1) I n appointing, transferring or promoting \ngazetted officers of the Federal Judicial Service or taking departmental action \nconcerning such officers in accordance with law, the Government of Nepal \nshall act on recommendation of the Judicial Service Commission. \nProvided tha t in making new permanent appointments to gazetted posts \nof the Federal Judicial Service from persons who are not already in the Federal \n102 \n Government Service or making promotions from non -gazetted posts of the \nFederal Judicial Service to gazetted ones of that Service, the Government of \nNepal shall act on the recommendation of the Public Service Commission. \nExplanation : For the purposes of this Article, the Public Service \nCommission shall hold open and internal competitive examinations to be held \nfor app ointment s to Gazetted posts of the Federal Judicial Service. \n(2) The Judicial Service Commission shall consist of the following \nas its chairperson and members: \n(a) The Chief Justice - Chairperson \n(b) The Federal Minister for Law and \nJustice - Member \n(c) The seniormost Judge of the \nSupreme Court - Member \n(d) The Chairperson of the Public \nService Commission - Member \n(e) The Attorney General - Member \n(3) Other functions, duties, powers and procedures of the Judicial \nService Commission shall be as provided for in the Federal law. \n155. Provisions relating to conditions of service and f acilities : Provisions relating to \nthe remuneration, facilities and conditions of s ervice of the employees of the \nFederal Judicial Service shall be as p rovided for in the Federal Act. \n156. Provisions r elating to State Judicial Service Commission : Provisions relating to \nthe formation of a State Judicial Service Commission and the remuneration, \n103 \n facilities and conditions of service of the employees of a State Judicial S ervice \nshall be as provided for in the Federal law. \n \n104 \n Part- 12 \nAttorney General \n157. Attorney General : (1) There shall be an Attorney General of Nepal. \n(2) The President shall, on recommendation of the Prime Minister, \nappoint the Attorney General. The Attorney General shall hold office during \nthe pleasure of the Prime Minister. \n(3) A person who is qualified to be appointed as a Judge of the \nSupreme Court shall be eligible to be appointed as the Attorney General. \n(4) The office of the Attorney General shall be vacant in any of the \nfollowing circumstances: \n(a) if he or she tenders resignation in writing to the President through \nthe Prime Minister, \n(b) if he or she is removed from office by the President on \nrecommendation of the Prime Minister , \n(c) if he or she dies. \n(5) The remuneration and other facilities of the Attorney General \nshall be similar to those of a Judge of the Supreme Court. Other conditions of \nservice of the Attorne y General shall be in accordance with law. \n158. Functions, duties and p owers of Attorney General : (1) The Attorney General \nshall be the chief legal advisor to the Government of Nepal. It shall be the duty \nof the Attorney General to give opinions and advic es on constitutional and \nlegal matters to the Government of Nepal and such other authorities as the \nGovernment of Nepal may specify. \n(2) The Attorney General or government attorneys subordinate to \nhim or her shall represent the Government of Nepal in lawsu its wherein the \nrights, interests or concerns of the Government of Nepal are involved. Except \n105 \n as provided otherwise in this Constitution, the Attorney General shall have the \nright to make a final decision as to whether to institute any case on behalf of \nthe Government of Nepal in any court , judicial body or authority. \n(3) Opinion of the Attorney General must be obtained for \nwithdrawing a case filed on behalf of the Government of Nepal. \n(4) The Attorney General may, upon in vitation by the Federal \nParliament or any of its committees, to appear and express his or her opinion \non any legal question in such a meeting . \n(5) In the course of discharging the duties of his or her office, the \nAttorney General shall have the right to appe ar in any Court, offi ce and \nauthority of Nepal. \n(6) The Attorney General shall, in the course of performing his or \nher duties, have the power to carry out the following acts, in addition to that set \nforth in clause (2): \n(a) to defend, on behalf of the Government of Nepal, any lawsuit in \nwhich the Government of Nepal is a plaintiff or a defendant, \n(b) to monitor, or cause to be monitored, whether any interpretation \ngiven to a law or any legal principle laid down by the Supreme \nCourt in the course of hearing o f lawsuits has been implemented, \n(c) if a complaint is made alleging that any person held in custody \nhas not been treated humanely subject to this Constitution or \nsuch person has not been allowed to meet his or her relative o r \nthrough his or her legal practitioner or if information of such \nmatter is received, to inquire thereinto and give necessary \ndirective to the concerned authority to prevent such act. \n(7) The Attorney General may so delegate his or her functions, \nduties an d powers under this Article to his or her subordinate government \n106 \n attorneys as to be exercised and complied with subject to the specified \nconditions. \n(8) In addition to the functions, duties and powers mentioned in this \nArticle, other functions, duties and powers of the Attorney General shall be \npursuant to this Constitution and the Federal law. \n159. Annual report : (1) The Attorney General shall, every year, submit to the \nPresident an annual report on the works which he or she has performed \npursuant to this Constitution and the Federal law, and the President shall cause \nsuch report to be laid before the Federal Parliament through the Prime \nMinister. \n(2) The annual report to be submitted pursuant to clause (1) shall set \nout, inter alia , the number of advices and opinions on constitutional and legal \nmatters rendered by him or her throughout the year, and short description of \nsuch advices and opinions, details of cases institute d as state cases, details of \ndefenc e made in lawsuits in whic h the Government of Nepal is a plaintiff or \ndefendant, details of reforms to be made in the future in relation to cases to be \ninstituted as state cases and information relating to crime trends. \n160. Chief Attorney : (1) There shall be a Chief Attorney in ev ery State, who shall \nbe subordinate to the Attorney General. \n(2) The Chief of State shall, on recommendation of the concerned \nChief Minister, appoint the Chief Attorney . The Chief Attorney shall hold \noffice during the pleasure of the Chief Minister. \n(3) A person who is qualified to be appointed as a Judge of High \nCourt shall be eligible to be appointed as the Chief Attorney . \n(4) The office of the Chief Attorney shall be vacant in any of the \nfollowing circumstances: \n107 \n (a) if he or she tenders resignation in wr iting to the Chief of State \nthrough the Chief Minister, \n(b) if he or she is removed from office by the Chief of State on \nrecommendation of the Chief Minister, \n(c) if he or she dies. \n(5) The Chief Attorney shall be the chief legal advisor to the State \nGovernment. It shall be the duty of the Chief Attorney to give opinions and \nadvices on constitutional and legal matters to the State Government and such \nother authorities as the State Government may specify. \n(6) The Office of Attorney General shall manage the employees \nunder the Office of Chief Attorney. \n(7) The remuneration and other facilities of the Chief Attorney shall \nbe sim ilar to those of a Judge of High Court. The functions, duties and powers \nand o ther conditions of service of the Chief Attorney sha ll be as provided for in \nthe State law. \n161. Provisions r elatin g to conditions of service and f acilities : Provisions relating to \nthe remuneration, facilities and conditions of service of the government \nattorneys and other employees under the Attorney Gener al shall be as provided \nfor in the Federal Act. \n \n108 \n Part -13 \nState Executive \n162. Executive p ower of State : (1) The executive power of a State shall, pursuant to \nthis Constitution and the State law , be vested in the State Council of Ministers. \nProvided that if a State Executive does not exist because of enforcement \nof Federal governance, the Chief of State shall exercise the executive power of \nthe State as directed by the Government of Nepal. \n(2) The responsibility for issuing general directives , controlling and \nregulating the governance of the State shall, subject to this Constitution and \nother laws, lie in the State Council of Ministers. \n(3) All State executive functions shall be performed in the name of \nthe State Government. \n(4) The executive power of the State shall be as mentioned in \nSchedule -6, Schedule -7 and Schedule -9 subject to this Constitution. \nProvided that the State Council of Ministers shall exercise the executive \npowers in coordination with the Government of Nepal, except as explicitly \nmentioned in this Constitution and in the Federal law in relation to concurrent \npowers of the Federation and the State. \n(5) Any decision or order to be issued in the name of the State \nGovernment pursuant to clause (3) and other instruments of authorization \npertaining thereto shall be authenticated as provided for in the State law. \n163. Provisions r elating to Chi ef of State : (1) There shall be a Chief of State in each \nState, as a representative of the Government of Nepal. \n(2) The President shall appoint one Chief of State for each State. \n109 \n (3) The term of office of a Chief of State shall be five years except \nwhere the President removes him or her from office prior to the expiration of \nhis or her term of office. \n(4) A person may not be the Chief of State for more than once in the \nsame State. \n164. Qualification for Chief of State : A person who has the following qualification \nshall be qualified to become the Chief of State : \n(a) being qualified for being a member of the Federal Parliament, \n(b) having completed the age of thirty five years, and \n(c) Not being disqualified by any law. \n165. Vacation of o ffice of Chie f of State : (1) The office of the Chief of State shall \nbecome vacant in any of the following circumstances: \n(a) if he or she tenders res ignation in writing to the President, \n(b) if his or her term of office expires and he or she is removed from \noffice by t he President prior to expiration of the term, \n(c) if he or she dies. \n(2) If the office of the Chief of State of any State falls vacant, the \nPresident may so designate the Chief of State of another State to act as such \nalso for such State. \n166. Functions, duties and p owers of Chief of State : (1) The Chief of State shall \nexercise such powers and perform such duties as conferred to him or her \npursuant to this Constitution or law. \n (2) In exercising the powers o r duties under clause (1), the Chief of \nState shall perform all other functions to be performed by him or her on \nrecommendation and with the consent of the State Council of Ministers than \nthose functions specifically provided to be performed on recommendation of \n110 \n any body or official pursuant to this Con stitution or law. Such recommendation \nand consent shall be submitted through the Chief Minister. \n(3) Any decision or order to be issued in the name of the Chief of \nState under clause (2) and other instrument of authorization pertaining thereto \nshall be aut henticated as provided for in the State law. \n167. Oath by Chief of State : The Chief of State shall , prior to assuming office, take \nan oath of office and secrecy before the President , as provided for in the \nFederal law. \n168. Constitution of State Council of Ministers : (1) The Chief of State shall appoint \nthe leader of the parliamentary party commanding a majority in the State \nAssembly as the Chief Minister, and the State Council of Ministers shall be \nconstituted under his or her chairpersonship. \n(2) In cases where no party has a clear majority in the State \nAssembly under clause (1), the Chief of State shall appoint as the Chief \nMinister a member of the State Assembly who can command majority with the \nsupport of two or more parties representing to the State As sembly . \n(3) In cases where the Chief Minister cannot be appointed under \nclause (2) no later than thirty days after the date of declaration of the final \nresults of election to the State Assembly or the Chief Minister so appointed \nfails to secure a vote of confidence under clause (4), the Chief of State shall \nappoint as the Chief Minister the parliamentary party leader of the party which \nhas the highest number of members in the State Assembly . \n(4) The Chief Minister appointed under clause (2) or (3) shall obtain \na vote of confidence from the State Assembly no later than thirty days after the \ndate of such appointment. \n(5) In cases where the Chief Minister appointed under clause (3) \nfails to obtain a vote of conf idence under clause (4) and any member under \n111 \n clause (2) presents a ground on which he or she can obtain a vote of confidence \nin the State Assembly , the Chief of State shall appoint such a member as the \nChief Minister. \n(6) The Chief Minister appointed under clause (5) must obtain a vote \nof confidence under clause (4). \n(7) In cases where the Chief Minister appointed under clause (5) \nfails to obtain a vote of confidence or the Chief Minister cannot be appointed, \nthe Chief of State shall, on recommendation of t he Chief Minister, dissolve the \nState Assembly and appoint a date of election so that the election to another \nState Assembly is completed within six months. \n(8) Procedures on the appointment of the Chief Minister under this \nArticle must be completed no lat er than thirty five days after the date of \ndeclaration of the final results of election to the State Assembly held under this \nConstitution or the date on which the office of the Chief Minister has fallen \nvacant. \n(9) The Chief of State shall, on recommendation of the Chief \nMinister, constitute the State Council of Ministers consisting of a maximum of \ntwenty percent of the total number of members of the State Assembly, \nincluding the Chief Minister, in accordan ce with the inclusive princip le, from \namongst the members of the State Assembly . \nExplanation : For the purposes of this Article, \"Minister\" means a \nMinister, Minister of State and Assistant Minister. \n(10) The Chief Minister and Ministers shall be collectively \nresponsible to State Ass embly , and the Ministers shall be individually \nresponsible for the work of their respective Ministries to the Chief Minister and \nthe State Assembly . \n112 \n 169. Vacation of o ffice of Chief Minister and Minister : (1) The office of the Chief \nMinister shall be vacant in any of the following circumstances: \n(a) if he or she tenders resignation in writing to the Chief of State , \n(b) if a vote of no -confidence is passed against him or her under \nArticle 188 or a vote of confidence is not passed, \n(c) if he or she ceas es to be a member of the State Assembly , \n(d) if he or she dies. \n(2) The office of a Minister shall be vacant in any of the following \ncircumstances: \n(a) if he or she tenders resignation in writing to the Chief Minister, \n(b) if the Chief Minister re moves him or her from office, \n(c) if the office of the Chief Ministe r falls vacant under sub -clause \n(a), (b) or (c) of clause (1), \n(d) if he or she dies. \n(3) Even though the office of the Chief Minister falls vacant under \nclause (1), the same Council of Ministers shall continue to act until another \nState Council of Ministers is constituted. \nProvided that if the Chief Minister dies, the senior -most Minister shall \nact as the Chief Minister until a new Chief Minister is appointed. \n170. Appointment of n on-member of State Assem bly as Minister : (1) \nNotwithstanding anything contained in clause (9) of Article 168 , the Chief of \nState may, on the recommendation of the Chief Minister, appoint any person \nwho is not a member of the State Assembly as a Minister. \n113 \n (2) A Minister appointed under clause (1) must obtain membership \nof the State Assembly within six months from the date of taking an oath by him \nor her. \n(3) In the event of failure to obtain member ship of the State \nAssembly within the period mentioned in clause (2), he or she shall not be \neligible to be reappointed to the office of Minister during the term of the then \nState Assembly . \n(4) Notwithstanding anything contained in clause (1), a person who \nhas been defeated in the election to the then State Assembly shall be not \neligible to be appointed to the office of Minister under clause (1) during the \nterm of such State Assembly . \n171. Remuneration and o ther Facilities of Chief Minister and Minister : The \nremuneration and other facilities of the Chief Minister and Ministers shall be as \nprovided by a State Act, and until such Act is made, shall be as specified by the \nState Government . \n172. Oath : The Chief Minister a nd Ministers shall , before assuming their respective \noffices, take an oath of office and secrecy before the Chief of State , and \nMinisters of State and Assistant Ministers, before the Chief Minister, as \nprovided for in the State law. \n173. To give i nformation to Chief of State : The Chief Minister sh all inform the \nChief of State about the following matters: \n(a) resolutions of the State Council of Ministers, \n(b) Bills to be introduced in the State Assembly , \n(c) such other necessary information as commanded by the Chief of \nState on matters set forth in clauses (a) and (b), and \n(d) current general state of affairs of the State. \n114 \n 174. Transaction of b usiness of State Government : (1) The allocation and \ntransaction of business of the State Government shall be carried out in \naccordance with the rules approved by the State Government . \n(2) No question shall be raised in any court as to whether or not the \nrules under clause (1) have been observed. \n \n115 \n Part-14 \nState Legislature \n175. State Legislature : The legislatu re of a State shall be unicameral, which shall be \ncalled as the State Assembly . \n176. Composition of State Assembly : (1) Each State Assembly shall consist of a \nnumber of members, as follows: \n(a) Members in a number that is twice a s many as the number of \nmembers elected to the House of Representatives from the \nconcerned State, through the first past the post electoral system, \n(b) The number of members to be set under clause (a) shall be \nconsidered to be sixty percent, and the rest f orty percent \nmembers to be elected, through the proportional electoral system. \n(2) Election constituencies shall be set on the ba sis of geography and \npopulation as provided for in the Federal law, for the election to members \nunder sub -clause (a) of clause (1). \n(3) Sixty percent members of the State Assembly shall be elected in \naccordance with the first past the post electoral system and the forty percent \nmembers in accordance with the proporti onal electoral system. \n(4) Election to the members of the State Assembly under clause (3) \nshall be held through adult suffrage by secret ballots in accordance with law. \n(5) Each citizen of Nepal who resides within the territory of the State \nand who has com pleted the age of eighteen years shall have a right to vote in \nany one election consti tuency in accordance with law. \n(6) The Federal law shall provide that, in fielding candidacy by \npolitical parties for the election to the State Assembly under the proport ional \nelectoral system, representation shall be ensured on the basis of a closed list \n116 \n also from women, Dalit , indigenous , indigenous nationalities , Khas Arya , \nMadhesi , Tharu , Muslims and backward regions, minority communities, on the \nbasis of popul ation. I n so fielding candidacy , regar d shall also be had to \ngeographical balance of the concerned State . \nExplanation : For the purposes of this clause, \" Khas Arya \" means \nKshetri, Brahmin , Thakuri , Sanyasi (Dashnami ) community. \n(7) In fi elding candidacy under clause (6 ), political parties must \nprovide for representation of the persons with disabilities as well. \n(8) If the seat of a member of the State Assembly falls vacant while \nits term still remains for more than six months, the vacancy shall be filled \nthroug h the same electoral system as through which such seat was filled in. \n(9) Notwithstanding anything contained elsewhere in this Article, at \nleast one third of the total number of members elected from each political party \nrepresenting in the State Assembly m ust be women. If women are not so \nelected as to constitute one third of the elected members of any political party \nunder sub -clause (a) of clause (1), such political party must, in electing \nmembers un der sub -clause (b) of that clause , so elect that women m embers \nconstitute at least one third of the total number of members electe d to the State \nAssembly from that party. \n (10) A person who is qualified under Article 178 and entitled to vote \nin an election to the members of the State Assembly may, subject to law, be a \ncandidate in any election constituency of the State . \nProvided that a person shall not be a candidate in more than one election \nconstituencies at the same time. \n (11) Other provisions relating to election to the State Assembly shall \nbe as provided for in the Federal law. \n117 \n 177. Term of State Assembly : (1) Unless dissolved earlier pursuant to this \nConstitution, the term of the State Assembly shall be five years. \n(2) Notwithstanding anything contained in clause (1), the term of the \nState Assembly may be extended by a State Act for a period not exceeding one \nyear in cases where a proclamation or order of a state of emergency is in effect. \n(3) The term of the State Assembly extended under clause (2) shall \nipso facto be terminated after the expiry of six months from the date of \nvoidance of the proclamation or order of the state of emergency in the \nconcerned State . \n178. Qualification for m ember of State Assembly : (1) A person who has the \nfollowing qualification shall be qualified to become a member of the State \nAssembly : \n(a) being a citizen of Nepal, \n(b) being a voter of the concerned State, \n(c) having completed the age of twenty five years , \n(d) not having been convicted of a criminal offense involving moral \nturpitude, \n(e) not being disqualified by any law, and \n(f) not holding any office of profit. \nExplanation : For the purposes of this clause, \"office of profit\" mean s \nany position, other than a political position which is to be filled by election or \nnomination, for which a remu neration or economic benefit is paid out of a \ngovernment fund. \n(2) If a person who holds a political office to be filled by way of \nelection, nomination or appointment is elected as a member of the State \n118 \n Assembly under this Part, his or her such office shal l ipso facto be vacant with \neffect from the day on which he or she takes an oath of such office . \n179. Oath of member of State Assembly : Every member of the State Assembly \nmust , before taking part for the first time in the meeting of the Assembly or any \nof its committees, take an oath as provided for in the State law. \n180. Vacation of seat of m ember of State Assembly : The seat of a member of the \nState Assembly shall become vacant in any of the following circumstances: \n(a) if he or she tenders resi gnation in writing before the Speaker of \nthe State Assembly , \n(b) if he or she is no longer qualified or ceases to possess th e \nqualification under Article 178 , \n(c) if the term of the State Assembly expires or it is dissolved , \n(d) if he or she absents himself or herself from ten consecutive \nmeetings, without giving notice to the State Assembly , \n(e) if the political party of which he or she was a member when \nelected provides a notification as provided for in the Federal law \nthat he or she has defected from the party, \n(f) If he or she dies. \n181. Decision as to disqualification of m ember : If a question arises as to whether \nany member of the State Assembly is disqualified or has ceased to possess any \nof the qualification s under Art icle 178 , the Constitutional Bench of the \nSupreme Court shall make the final decision of such question. \n182. Speaker and Deputy Speaker of State Assembly : (1) The members of the State \nAssembly shall, not later than fifteen days of the date of holding of the first \nmeeting of the State Assembly , elect a State Speaker and a Deputy State \nSpeaker from amongst themselves. \n119 \n (2) Election under clause (1) shall be so held that there is one woman \nout of t he State Speaker and the Deputy State Speaker, and the State Speaker \nand the Deputy State Speaker of the State Assembly shall be representatives \nfrom different parties. \nProvided that if there is no representation of more than one party in the \nState Assembl y or no candidacy is filed by more than one party despite \nrepresentation, nothing shall prevent the members of the same party from being \nthe State Speaker and the Deputy State Speaker of the State Assembly . \n(3) If the office of the State Speaker or the Deputy State Speaker \nfalls vacant, the members of the State Assembly shall fill the vacancy through \nelection to the State Speaker or the Deputy State Speaker from amongst \nthemselves. \n(4) The Deputy State Speaker shall, in the absence of the State \nSpeaker o f the State Assembly , chair the State Assembly . \n(5) If the election to the State Speaker and the Deputy State Speaker \nhas not taken place, or if both the positions have become vacant, the attending \nmember who is by age the senior -most shall chair the meeti ng of the State \nAssembly . \n(6) The office of the State Speaker or the Deputy State Speaker of \nthe State Assembly shall become vacant in any of the following circumstances: \n(a) if he or she ceases to be a member of the State Assembly , \nProvided that, in the event of the dissolution of the State \nAssembly , the State Speaker and the Deputy State Speaker of the State \nAssembly holding their respective offices shall continue in office until \nthe previous day of the filing of nominations for ano ther election to the \nState Assembly , \n(b) if he or she resigns in writing, \n120 \n (c) if a resolution is passed by a majority of two -thirds of th e total \nnumber of the then members of the State Assembly to the effect \nthat his or her conduct is not compat ible with his or her office. \n(7) The State Deputy Speaker shall preside over a meeting at which \ndeliberation s are to be held on a motion that the conduct of the Speaker of the \nState Assembly is not compatible with his or her office. The State Speaker \nshall be entitl ed to take part and vote in the deliberations on such mo tion. \n183. Summoning and prorogation of s ession of State Assembly : (1) The Chief of \nState shall summon a session of the State Assembly within twenty days of the \ndeclaration of final results of the election to the State Assembly . Thereafter, the \nChief of State shall, from time to time, summon other sessions pursuant to this \nConstitution. \nProvided that the interval between the two consecutive sessions shall \nnot exceed six months. \n(2) The Chief of Stat e may prorogue the sessions of the State \nAssembly . \n(3) If, during the prorogation or recess of the session of the State \nAssembly , one -fourth of the total number of its members make a petition that it \nis expedient to convene a session or meeting, the Chief of State shall specify \nthe date and time for such session or meeting. The State Assembly shall meet \nor commence its session at the date and time so specified. \n184. Address by Chief of State : (1) The Chief of State may address a sitting of the \nState Assembl y, and summon the members for that purpose. \n(2) The Chief of State shall address the first session after an election \nto the State Assembly and a sitting of the State Assembly after the \ncommencement of the first session of each year. \n121 \n 185. Quorum of State Assembly : Except as otherwise provided for in this \nConstitution, no question or motion shall be presented for decision in the State \nAssembly unless one -fourth of the total number of its members are present. \n186. Voting in State Assembly : All ques tions submitted for decision in the State \nAssembly shall be decided by a majority vote of the members present and \nparticipate in voting. The member chairing the meeting shall not have the right \nto vote. \nProvided that he or she may exercise his or her casti ng vote in the case \nof a tie. \n187. Privileges of State Assembly : (1) There shall be full freedom of speech in the \nState Assembly, subject to this Constitution , and no member shall be arrested, \ndetained or prosecuted in any court for anything expressed or any vote cast by \nhim or her in the State Assembly . \n(2) The State Assembly shall, subject to this Constitution, have full \npower to regulate and decide its intern al business, and it shall be the exclusive \nright of the State Assembly to decide whether or not any of its proceedings is \nregular or irregular. No question shall be raised in any court in this behalf. \n(3) No comment shall be made about the good faith conce rning any \nproceeding of the State Assembly , and no publication and broadcasting of any \nkind shall be made about anything said by any member, intentionally distorting \nor misinterpreting the meaning of the speech. \n(4) The provisions of clauses (1) and (3) sh all also apply to other \npersons who are entitled to participate in the meetings of the State Assembly \nthan the members of State Assembly . \n(5) No proceedings shall be initiated in any court against any person \nin respect of the publication, un der the author ity granted by the State \nAssembly , of any document, report, vote or proceeding. \n122 \n Explanation: For the purposes of this clause and clauses (1), (2), (3) and \n(4), \"State Assembly\" means and includes the meeting of a committee of the \nState Assembly. \n(6) No mem ber of the State Assembly may be arrested during the \nperiod from the issuance of a notice summoning the session to its prorogation. \nProvided that nothing in this clause shall be deemed to prevent the arrest \nunder the law of any member on a criminal charge. If any member is so \narrested, the authority making such arrest shall forthwith give information \nthereof to the person presiding over the State Assembly. \n(7) Any breach of the privileges shall be deemed to constitute \ncontempt of the State Assembly , and the State Assembly shall have the \nexclusive right to decide whether any breach of its privileges has taken place. \n(8) If any person is in contempt of the State Assembly , the person \npresiding over the State Assembly may, after a decision by the State Assembly \nto that effect, admonish, warn or impose a sentence of imprisonment for a term \nnot exceeding three months or of a fine not exceeding ten thousand rupees on \nsuch person, and such fine shall be recovered as a government due. \nProvided that if such a person su bmits an apology to the satisfaction of \nthe State Assembly , it may either pardon him or her or remit or commute the \nsentence imposed on him or her. \n(9) Other matters relating to privileges of the State Assembly shall \nbe as provided in the State law. \n188. Provisions relating to vote of confidence and motion of no -confidence : (1) The \nChief Minister may, whenever he or she considers necessary or appropriate to \nshow that he or she has confidence from the State Assembly, table a resolution \nto that effect in the State Assembly for the vote of confidence . \n123 \n (2) If the political party which the Chief Minister represents is \ndivided or a political party in coalition State G overnment withdraws its \nsupport, the Chief Minister shall table a resolution in the State Assembly for a \nvote of confidence within thirty days. \n(3) If a resolution tabled under clauses (1) and (2) is not passed by a \nmajority of the total number of then members of the State Assembly , the Chief \nMinister shall relieve of his or her office. \n(4) One-fourth of the total number of then members of the State \nAssembly may table in writing a motion of no -confidence against the Chief \nMinister. \nProvided that a motion of no confidence may not be tabled until the first \ntwo years after the appointment of the Chief Minister and until another one \nyear after the date of failure of the motion of no confidence once tabled. \n(5) A motion of no confidence to be tabled under clause (4) shall \nalso indicate the name of a member proposed for Chief Minister. \n(6) If a motion of no confidence tabled under clause (4) is passed by \na majority of the total number of then members of the State Assembly , the \nChief Minister shall relieve of his or her office. \n(7) If the office of the Chief Minister falls vacant because of the \npassage of a vote of no -confidence under clause (6), the Chief of State shall , in \naccordance with Article 168, appoint as the Chief Minister the member of the \nState Assembly proposed under clause (5). \n189. Minister, Minister o f State and Assistant Minister entitled to take p art in \nmeetings of State Assembly : The Minister, Minister of State and Assistant \nMinister shall be entitled to attend , and take part in the proceedings and \ndeliberations of , the State Assembly or its committees. \n124 \n Provided that a Minister, Minister of State or Assistant Minister who is \nnot a member of the State Assembly shall not be entitled to vote in a meeting \nof the State Assembly or its committee, and a Minister, Minister of State or \nAssistant Minister shall not be entitled to vote in a meeting of a committee of \nwhich he or she is not a member. \n190. Penalty for u nauthorized presence or v oting in State Assembly : If a person who \nhas not taken oath under Article 179 or who is not a member of the State \nAssembly is present or votes in a meetin g of the State Assembly or of its \ncommittee as a member, the person shall, by order of the person chairing the \nmeeting, be fined with a sum of five thousand rupees for each instance of such \npresence or voting, and such a fine shall be recovered as a govern ment due. \n191. Restriction on d iscussion : No discussion shall be held in the State Assembly on \nany matters that may cause adverse effect on the dispensation of justice on any \ncases which are sub judice in any courts of Nepal and on any judicial acts done \nby Judges in the course of performance of their duties. \n192. Transaction of b usiness in case of vacancy in seat of m ember : The State \nAssembly shall have the power to transact its business notwithstanding any \nvacancy in the seat of its member; and n o proceedings of the State Assembly \nalready conducted shall become invalid even if it is subsequently discovered \nthat a person who was not so entitled took part in such proceedings. \n193. Power of State Assembly to f orm committees : The State Assembly may, i n \naccordance with its rules, form committees or special committees, as required, \nin order to manage its working procedures . \n194. Procedures relating to conduct of b usiness of State Assembly : The State \nAssembly shall frame rules to c onduct its business, maintain order during its \nmeetings and regulate the constitution, functions and procedures of , and other \n125 \n matters relating to, its committee s. Until such rules are framed, the State \nAssembly shall regulate its procedures on its own. \n195. Secretary and Secre tariat of State Assembly : (1) The Chief of State shall \nappoint the Secretary of the State Assembly on recommendation of the Speaker \nof State Assembly. \n (2) There shall be a Secretariat for conducting and managing the \nbusiness of the State Assembly. The establishment of such Secretariat and \nother matters related thereto shall be as provided for in the State law. \n(3) The qualification, functions, duties, powers and other conditions \nof service of the Secretary of the State Assembly shall be as provided for in the \nState law. \n196. Remuneration : The remuneration and facilities of the Speaker and the Deputy \nSpeaker of the State Assembly shall be as provided for in the State law, and as \nspecified by the State Government until such law is made. \n \n126 \n Part-15 \nState Legislative Procedures \n197. Legislative p owers of State Assembly : The legislative powers of the State \nAssembly shall be as contained in lists of Schedule -6, Schedule -7 and \nSchedule -9. \n198. Procedures for introduction of Bills in State Assembly : (1) A Bill may, subject \nto this Constitution, be introduced in the State Assembly . \n(2) A Money Bill and a Bill concerning peace and security may be \nintroduced only as a Government Bill. \n(3) \"Money Bill\" mean s a Bill concerning any or all of the following \nsubjects: \n(a) the imposition, collection, abolition, remission, alteration \nor regulation of taxes in the State , \n(b) the preservation of the State Consolidated Fund or any \nother State Government Fund, the deposit of moneys into \nand the appropriation or the withdrawal of moneys from \nsuch Funds, or the reduction, increment or cancellation of \nappropriations or of propos ed expenditures from such \nFunds, \n(c) the regulation of matters relating to the borrowing of \nmoney or the giving of guarantee by the State \nGovernment, or any matter pertaining to the amendment \nof the law with respect to any financial obligations \nundertaken or to be undertaken by the State Government , \n(d) the custody and investment of all revenues received by \nany State Government Fund, moneys acquired through the \n127 \n repayment of loans, and grant moneys; or audits of the \naccounts of the State Government , or \n(e) other incidental matters directl y related to any of the \nsubjects specified in clause (a), (b), (c) or (d). \nProvided that any Bill shall not be deemed to be a Money Bill by the \nreason only that it provides for the levying of any charges or fees such as \nlicense fee, application fee, renewa l fee or for the imposition of fines or \npenalty of imprisonment. \n(4) If any question arises whether a Bill is a Money Bill or not, the \ndecision of the Speaker of State Assembly thereon shall be final. \n199. Procedures for p assage of Bills : (1) A Bill passe d by the State Assembly shall \nbe presented to the Chief of State for assent . \n(2) If a session of the State Assembly terminates while a Bill is \nunder consideration, deliberations on the Bill may continue at the succeeding \nsession. \nProvided that if the State Assembly is dissolved or its term expires when \nany Bill is under its consideration, such a Bill shall lapse . \n200. Withdrawal of Bills : A member who has introduced a Bill may, with the \napproval of the State Assembly , withdraw the Bill. \n201. Assent on Bills : (1) A Bill which is to be presented to the Chief of State for \nassent under Article 199 shall be so presented by the Speaker of State \nAssembly after it has been certified by him or her. \nProvided that in the case of a Money Bill, the Speaker of State \nAssembly shall so certify. \n128 \n (2) A Bill presented to the Chief of State for his or her assent shall be \nassented to within fifteen days, and the State Assembly shall be informed \nthereof as soon as possible. \n(3) Except for a Money Bill, if the Chief of State is of the opinion \nthat any Bill needs further deliberations, he or she may send back the Bill with \nhis or her message to the State Assembly within fifteen days from the date of \npresentation of the Bill to him or her. \n(4) If any Bill is sent back with his or her message by the Chief of \nState under clause (3) , it shall be reconsidered by the State Assembly and if the \nBill so reconsidered is again passed as it was or with amendments, and is again \npresented to him or her, the Chief of State shall give assent to that Bill within \nfifteen days of such presentation. \n(5) A Bill shall become an Act after the Chief of State gives assent to \nit. \n202. Ordinance : (1) If, at any time, except when the State Assembly is in session , a \ncircumstance exist s which render s it necessary to take immediate action, the \nChief of State may, on the recommendation of the State Council of Ministers, \npromulgate an Ordinance. \n(2) An Ordinance promulgated under clause (1) shall have the same \nforce and effect as an Act. \nProvided that every such Ordinance: \n(a) shall be tabled at the session of the State Assembly held \nafter the promulgation, and if not passed by the State \nAssembly , it shall ipso facto cease to be effective, \n(b) may be repealed at any time by the Chief of State , and \n129 \n (c) shall, unless rendered ineffective or repealed under sub -\nclause (a) or (b), ipso facto cease to be effective at the \nexpiration of sixty days after the day on which a meeting \nof the State Assembly is held. \n \n130 \n Part -16 \nState Financial Procedure s \n203. No tax t o be levied or loan to be raised : (1) No tax shall be levied and \ncollected in a State except in accordance with law. \n(2) No loan shall be raised and guarantee given by the State \nGovernme nt except as provided for in the Federal law . \n204. State Consolidated Fund : Except for the revenues of trusts ( Guthi ), all revenues \nreceived by the State Government, all loans raised on the security of revenues, \nall moneys received in repayment of any loans made under the authority of any \nState Act and any mounts of grants or loans received from the Government of \nNepal shall, except as otherwise provided for in the State Act, be credited to a \nState Government Fund to be known as the State Consolidated Fund. \n205. Expenditures from State Consolidated Fund or State Government F und: No \nexpenditure shall be incurred out of the State Consolidated Fund or any other \nState Government Fund except the following: \n(a) moneys charged on the State Consolidated Fund, \n(b) moneys required to meet the expenditure under an Appropriation \nAct, \n(c) advance moneys authorized by a n Act required to meet \nexpenditures, when an Appropriation Bill is under consideration, \nor \n(d) expenditures to be incurred in extraordin ary circumstances under \na V ote of Credit Act which contains only a description of \nexpend itures. \nProvided that matters relating to the State Contingency Fund \nshall be in accordance with Article 212 . \n131 \n 206. Expenditures c hargeable on State Consolidated Fund : The expenditures \nrelating to the following matters shall be charged on the State Consolidated \nFund, and approval of the State Assembly shall not be required for such \nexpenditures: \n(a) the amount required as remuneration and facilities payable to the \nState Speaker and the State Deputy Speaker, \n(b) the amount required as remuneration and facilities payable to the \nChairperson and m embers of the State Public Service \nCommission, \n(c) all charges relating to debts for which the State Government is \nliable, \n(d) any sum required to satisfy any judgment or decree made by a \ncourt against the State Government , and \n(e) any other sum specified by a State law to be chargeable on the \nState Consolidated Fund. \n207. Estimates of revenues and expenditures : (1) The State Minister for Finance \nshall, in respect of every financial year, lay before the State A ssembly an \nannual estimate setting out, inter alia , the following matters: \n(a) an estimate of revenues, \n(b) the moneys required to meet the charges on the State \nConsolidated Fund, and \n(c) the moneys required to meet the expenditure to be provided for \nby a State Appropriation Act. \n(2) The annual estimate to be laid pursuant to clause (1) shall also be \naccompanied by a statement of the expenses allocated to every Ministry in the \n132 \n previous financial year and particulars of whether the objectives of the \nexpenses have been achieved. \n208. State Appropriation Act : The moneys required to meet the expenditure to be \nprovided for by any State Appropriation Act shall be specified under \nappropriate heads in an Appropriation Bill. \n209. Supplementary e stimates : (1) The State Minister for Finance may lay before \nthe State Assembly a supplementary estimate if it is found in any financial \nyear, - \n(a) that the sum authorized to be spent for a particular service by the \nState Appropriation Act for the current financial year is \ninsuf ficient, or that a need has arisen for expenditures upon some \nnew service not provided for in the State Appropriation Act for \nthat year, or \n(b) that the expenditures made during that financial year are in \nexcess of the amount authorized by the State Approp riation Act. \n(2) The sums included in the supplementary estimates shall be \nspecified under the heads in a Supplementary Appropriation Bill. \n210. V otes on Account : (1) Notwithstanding anything contained elsewhere in this \nPart, a portion of the expenditure estimated for the financial year may, w hen a \nState Appropriation Bill is under consideration, be incurred in advance under a \nState Act. \n(2) A V ote on Account Bill shall not be introduced until the estimates \nof revenues and expenditures have been lai d in ac cordance with Article 207 , \nand the sums involved in the V ote on Account shall not exceed one -third of the \nestimate of expenditures for the financial year. \n(3) The expenditures incurred in accordance with the State V ote on \nAccount Act shall be included in the State Appropriation Bill. \n133 \n 211. V otes of Credit : Notwithstanding anything contained elsewhere in this Part, if \nowing to an emergency due to natural causes or other reasons, it appears to be \nimpractical or inexpe dient in view of the security or interest of the State to \nspecify the details required under clause (1) of Article 207 , the State Minister \nfor Finance may lay before the State Assembly a V ote of Credit Bill giving \nonly a statement of expenditures. \n212. State Contingency Fund : (1) A State Act may create a Fund to be known as the \nState Contingency Fund into which shall be paid from time to time such \nmoneys as may be determined by the State Act. \n(2) The Fund under clause (1) shall be under the control of the State \nGovernment. Any unforeseen expenditure may be met out of such Fund by the \nState Government . \n (3) The amount of the exp enditure under clause (2) shall be \nreimbursed as soon as possible by the State Act. \n213. Act r elating to financial p rocedures : Matters relating to the transfer of moneys \nappropriated by the State Act from one head to another and other financial \nprocedures shall be as provided for in the State Act. \n \n134 \n Part-17 \nLocal Executive \n214. Executive p ower of Local Level : (1) The executive p ower of the Local Level \nshall, pursuant to this Constitution and the Federal law, be vested in the Village \nExecutive or the Municipal Executive. \n(2) The local executive power shall be as mentioned in Schedule -8 \nand Schedule -9. \n(3) The responsibility for is suing general directives, controlling an d \nregulating the governance of the Village Body and the Municipal ity shall, \nsubject to this Constitution and other laws, lie in the Village Executive and the \nMunicipal Executive. \n(4) The e xecutive functions of the Village Body and the Municipality \nshall be performed in the name of the Village Executive and the Municipal \nExecutive. \n(5) Any decision or order to be issued in the name of the Village \nExecutive and the Municipal Executive pursuant to clause (4 ) and other \ninstruments of authorization pertaining thereto shall be authenticated as \nprovided for in the Local law. \n215. Provisions r elating to Chairperson and Vice -Chairperson of Village Executive: \n(1) There shall be a Chairperson of Village Executive in eac h Village Body . \nThe Village Executive shall be formed under his or her chairpersonship. \n (2) The Village Executive under clause (1) shall consist of one Vice -\nChairperson, Ward Chairperson elected from each Ward and members elected \npursuant to clause (4). \n(3) The Chairperson and the Vice -Chairperson shall be elected by the \nvoters residing within the concerned Village Body area by secret ballots on the \n135 \n basis of one person one vote, in accordance with the first past the post electoral \nsystem. \nExplanation : For the purp oses of this Article, \"Chairperson\" and \"Vice -\nChairperson\" mean the Chairperson and the Vice -Chairperson of the Village \nExecutive. \n(4) The members of the Village Executive shall also include four \nwomen members elected by the members of the Village Assembly from \namongst themselves and two members elected by the Village Assembly from \nthe Dalit or minority communit ies, in possession of the qualification under \nclause (5), no later than fifteen days after the final results of the election to the \nVillage Assembly under Article 222. \n(5) A person who has the following qualification shall be qualified to \nbe elected to the office of the Chairperson, Vice -Chairperson, Ward \nChairperson and m ember : \n(a) being a citizen of Nepal, \n(b) having completed the age of twenty one years, \n(c) being a voter whose name is included in the electo ral rolls \nof the Village Body , \n(d) not being disqualified by any law. \n(6) The term of office of the Chairperson, Vice -Chairperson, Ward \nChairperson and m ember shall be five years after the date of being elected. \n(7) A person who has been elected as the Chairperson for two terms \nshall not be eligible to be a candidate in an election to t he Village Body . \n(8) The office of the Chairperson, Vice -Chairperson, Ward \nChairperson or m ember shall become vacant in any of the following \ncircumstances: \n136 \n (a) if the Chairperson tenders resignation in writing to the \nVice-Chairperson, and if the Vice -Chairperson tenders \nresignation before the Chairperson, \n(b) if his or her term o f office expires, \n(c) if he or she dies. \n(9) If the seat falls vacant under clause (7) while the term of office of \nthe Chairperson or Vice -Chairperson still remains for more than one year , the \nvacancy shall be filled through by -election for the remainder o f term . \n216. Provisions r elating to Mayor and Deputy Mayor of Municipal Executive: (1) \nEach Municipality shall have a Mayor . The Municipal Executive shall be \nformed under his or her chairpersonship. \n (2) The Municipal Executive under clause (1) shall consist of one \nDeputy Mayor , Ward Chairper son elected from each Ward and m embers \nelected pursuant to clause (4). \n(3) The Mayor and the Deputy Mayor shall be elected by the voters \nresiding within the concerned Municipal area by secret ballots on the basis of \none person one vote, in accordance with the first past the post electoral system. \nExplanation : For the purp oses of this Article, \"Mayor \" and \" Deputy Mayor \" \nmean the Mayor and the Deputy Mayor of the Municipal Executive. \n(4) The m embers of the Municipal Executive shall also include five \nwomen members elected by the members of the Municipal Assembly from \namongst themselves and t hree members elected by the Municipal Assembly \nfrom the Dalit or minority communities, in possession of the qualification \nunder clause (5), no later than fifteen days after the final results of the election \nto the Municipal Assembly under Article 223 . \n137 \n (5) A person who has the following qualification shall be qualifi ed to \nbe elected to the office of the Mayor , Deputy Mayor , Ward Chairperson and \nmember: \n(a) being a citizen of Nepal, \n(b) having completed the age of twenty one years, \n(c) being a voter whose name is included in the electoral rolls \nof the Municipality , \n(d) not being disqualified by any law. \n(6) The term of office of the Mayor , Deputy Mayor , Ward \nChairperson and m ember shall be five years after the date of being elected. \n(7) A person who has been elected as the Mayor for two terms shall \nnot be eligible to be a candidate in an election to the Municipality . \n(8) The office of the Mayor , Deputy Mayor, Ward Chairperson or \nMember shall become vacant in any of the following circumstances: \n(a) if the Mayor tende rs resignation in writing to the Deputy \nMayor , and if the Deputy Mayor tenders resignation in \nwriting before the Mayor , \n(b) if his or her term of office expires, \n(c) if he or she dies. \n(9) If the seat falls vacant under clause (8 ) while the term of office of \nthe Mayor or Deputy Mayor still remains fo r more than one year, the vacancy \nshall be filled through by -election for the remainder of term. \n217. Judicial Committee : (1) There shall be a three -member judicial committee to \nbe coordinated by its Vice -Chairperson in the case of a Village Body and by its \nDeputy Mayor in the case of a Municipality , in order to settle disputes under \ntheir respective jurisdictions in accordance with law. \n138 \n (2) The judicial committee under clause (1) shall consist of two \nmembers elected by th e members of the Villag e Assembly or the Municipal \nAssembly from amongst themselves. \n218. Conduct of business of Village Executive and Municipal Executive : Allocation \nand conduct of business of the Village Executive and the Municipal Executive \nshall be carried out in accordance with the rules approved by the Village \nExecutive and the Municipal Executive , respectively. \n219. Other provisions r elating to Local Level Executive : Other provisions relating \nto the Local Level Executive, except those contained in this Part, shall be as \nprovided for in the Federal law, subject to this Constitution. \n220. District Assembly and District Coordination Committee : (1) There shall be a \nDistrict Assembly to make coordinat ion between the Village Bodies and \nMunicipal ities within the district. \n (2) The District Assembly shall consist of Chairpersons and Vice -\nChairpersons of Village Executives, and Mayors and Deputy Mayors of \nMunicipal Executives within the district. The first meeting of the District \nAssembly shall be held no later than thirty days of the date of final results of \nthe election to the Village Assemblies and the Municipal Assemblies . \n (3) The District Assembly shall elect the District Coordination \nCommittee consisting of a maximum of nine Members including one C hief, \none Deputy Chief , at least three women and at least one Dalit or minority. The \nDistrict Coordination Committee shall discharge all functions require d to be \ndischarged by the District Assembly. \n (4) A Member of a Village Assembly or Municipal Assembly within \nthe concerned d istrict shall be eligible to be a candidate for the office of Chief, \nDeputy Chief or Member of the District Coordination Committee. If elected to \nthe office of Chief, Deputy Chief or Member of the District Coordination \n139 \n Committee, his or her office of Membe r of Village Assembly or of Municipal \nAssembly shall ipso facto lapse. \n (5) The term of office of the Ch ief, Deputy Chief and m ember of the \nDistrict Coordination Committee shall be five years after the date of being \nelected. \n (6) The office of the Chief , Deputy Chief and m ember of the District \nCoordination Committee shall become vacant in any of the following \ncircumstances: \n(a) if the Chief tenders resignation in writing before the \nDeputy Chi ef, and if the Deputy Chief or m ember tenders \nresignation in writing before the Chief, \n(b) if his or her term of office expires, \n(c) if he or she dies. \n (7) The functions, duties and powers of the District Assembly shall \nbe as follows: \n(a) to make coordination between the Village Bodies and \nMunicipal ities within th e district, \n(b) to monitor development and construction works to make balance \nof such works, \n(c) to make coordination between the Federal and the State \nGovernment offices and Village Bodies and Municipal ities in the \ndistrict, \n(d) to perform other functions as provided for in the State l aw. \n(8) Provisions relating to the conduct of the District Assembly, \nfacilities of Members of the District Coordination Committee and other matters \nrelating to the District Assembly shall be as provi ded for in the State l aw. \n140 \n Part-18 \nLocal Legislature \n221. Legislative p owers of Local Level : (1) The legislative powers of the Local \nLevel shall be vested in the Village Assembly and the Municipal Assembly , \nsubject to this Constitution . \n (2) The legislative powers of the Village Assembly and the \nMunicipal Assembly shall be as mention ed in the lists contained in Schedule -8 \nand Schedule -9. \n222. Composition of Village Assembly : (1) Each Village Body shall have a Village \nAssembly. \n(2) A Village Assemb ly under clause (1) shall consist of the \nChairperson and Vice -Chairperson of the Village Executiv e, Ward \nChairpersons, and four m embers elected from each ward and Members of the \nVillage Executive elected from Dalit and minority communities pursuant to \nclause (4) of Article 215. \n(3) A Village Assembly to be formed under clause (1) shall have \nrepresentation of at least two women f rom each ward. \n(4) Each ward of a Village Body under the Federal l aw shall have a \nWard Committee composed of the Ward Chairperson and four m embers. Such \nWard Chairperson and Ward m embers shall be elected in accordance with the \nfirst past the post electoral system. \n(5) Every person who has completed the age of eighteen years and \nwhose name is included in the electo ral rolls of the Vil lage Body shall have a \nright to vote as provided for in the Federal law. \n(6) A person who has the following qualification shall be qualified to \nbecome a candidate for the office of the Member of the Village Assembly: \n141 \n (a) being a citizen of Nepal, \n(b) having completed the age of twenty one years, \n(c) being his or her name included in the electo ral rolls of the \nVillage Body , and \n(d) not being disqualified by any law. \n(7) Matters relating to the election to the Village Assembly and other \nmatters pertaining th ereto shall be as provided for in the Federal l aw. \n223. Composition of Municipal Assembly : (1) Each Municipality shall have a \nMunicipal Assembly. \n(2) A Municipal Assembly under clause (1) shall consist of the \nMayor and the Deputy Mayor of the Municipal Executiv e, Ward Chairpersons, \nand four m embers elected from each Ward and m embers of the Municipal \nExecutive elected from Dalit or minority communities pursuant to clause (4) of \nArticle 21 6. \n(3) A Municipal Assembly to be formed under clause (1) shall have \nrepresentation of at least two women f rom each W ard. \n(4) Each ward of a Municipality shall have a Ward Committee \ncomposed of one Ward Chairperson and four m embers as provided for in the \nFederal law . Such Ward Chair person and Ward m embers shall be elected in \naccordance with the first past the post electoral system. \n(5) Every person who has completed the age of eighteen years and \nwhose name is included in the electoral rolls of the Municipality shall have a \nright to v ote as provided for in the Federal l aw. \n(6) A person who has the following qualification shall be qualified to \nbe a candidate for the office of m ember of the Municipal Assembly: \n(a) being a citizen of Nepal, \n142 \n (b) having completed the age of twenty one years, \n(c) being his or her name included in the electoral rolls of the \nMunicipality , and \n(d) not being disqualified by any law. \n(7) Matters relating to the election to the Municipal Assembly and \nother matters pertaining thereto shall be as provided for in the Federal l aw. \n224. Chairperson and Vice -Chairperson of Village Assembly and Municipal \nAssembly : The Chairperson and Vice -Chairperson of a Village Executive and \nthe Mayor and Deputy Mayor of a Municipal Executive shall ipso facto be the \nChairperson and Vice -Chairperson of the Village Assembly and the Municipal \nAssembly, respectively, and perform functions as such. \n225. Term of Village Assembly and Municipal Assembly : The term of a Village \nAssembly and of a Municipal Assembly shall be five years for the date of \nelection. Another Village Assembly and Municipal Assembly shall be elected \nnot later than six months of the expiration of such a term. \n226. Powers to make l aw: (1) A Village Assembly and a Municipal Assembly may \nmake necessary laws on the matters set forth in the Lists contained in \nSchedule -8 and Schedule -9. \n (2) The process for making laws under clause (1) shall be as \nprovided for in the State Law. \n227. Other provisions relating t o Village Assembly and Municip al Assembly : Other \nmatters relating to the conduct of business of a Village Assembly and \nMunicipal Assembly, rules of procedures of meetings, formation of \ncommittees, con ditions in which the office of m ember falls va cant, facilities \nreceivable by m embers o f the Village Assembly and Municipal Assembly and \nemployees an d offices of the Village Body and Municipality shall be as \nprovided for in the State l aw. \n143 \n Part-19 \nLocal Financial Procedure s \n228. No tax to be levied or loan to be r aised : (1) No tax shall be levied and collected \nand no loan raised in the Local l evel except in accordance with law. \n(2) The Local l evel may levy tax by law on matters falling within its \ndomain without prejudice to national economic policies, carriage of goods and \nservices, capital and labo ur market, a nd the neighbouring State or Local l evel. \n229. Local Consolidated Fund : (1) Each Village Body and Municipality under the \nLocal Level shall have one Local Consolidate Fund. A ll revenues received by \nthe Village Body or Municipality , any amounts of grants received from the \nGovernment of Nepal and the State Government, all loans raised by the Village \nBody and Municipality , and amounts received from other sources shall be \ncredited to such a Fund. \n (2) Matters relating to expenditures from the Local Consolidated \nFund under clause (1) shall be as provided for in the L ocal law. \n230. Estimates of revenues and e xpenditures of Village Body and Municipality : (1) \nThe Village Executive and the Municipal Executive sh all, subject to this \nConstitution, lay an estimate of revenues and expenditures of every financial \nyear before, and have the estimate pa ssed by, the Village Assembly and the \nMunicipal Assembly , respectively , as provided for in the Local law. \n (2) If, in laying an estimate of revenues and expenditures under \nclause (1), the Village Executive or Municipal Executive is required to make a \ndeficit budget, it must purpose also the sources to meet the deficit as provided \nfor in the Federal l aw and the State l aw. \n \n144 \n Part-20 \nInterrelations between Federation , State and Local Level \n231. Legislative i nterrelations between Federation and States : (1) The Federal Law \nmay be made to be applicable to the whole of, or, if required, to any part of, the \nterritory of Nepal. \n(2) A State law may be made to be applicable to the whole of, or as \nrequired , to any part of the territory of the State. \n(3) If two or more States make a request to the Government of Nepal \nto make laws on any matter enumerated in Schedule -6, the Federal Parliament \nmay make necessary laws. Suc h laws shall be applicable only to the concerned \nStates. \n232. Relations between Federation , State and Local l evel: (1) Th e relations between \nthe Federation, States, and Local l evel shall be based on the principles of \ncooperation, co-existence and coordination. \n(2) The Government of Nepal may, pursuant to this Constitution and \nthe Federal Law, give necessary directions to any State Council of Ministers on \nmatters of national importance and on matters to be coordinated between the \nStates, and it shall be the duty of the concerned State Council of Ministers to \nabide by such directions. \n(3) If any such type of act as may seriously undermine the \nsovereignty, territorial integrity, nationality or independence of Nepal is carried \nout in an y State, the President may , as required, warn such State Council of \nMinisters , suspend or dissolve the State Council of Ministers and the State \nAssembly for a period not exceeding six months . \n(4) Any suspension or dissolution of any State Council of Minist ers \nand State Assembly m ade pursuant to clause (3 ) must get ratified by a two - \n145 \n thirds majority of the total number of the then members of the Federal \nParliament within thirty five days. \n(5) If dissolution made pursuant to clause (3) is ratified by the \nFederal Parliament, election to the State Assem bly shall be held in such State \nwithin six months. \nProvided that such suspension or dissolution shall ipso facto be invalid \nif it is not ratified by the Federal Parliament . \n(6) The Federal ruling shall apply t o such State during the period of \nsuch suspension if the suspension made pursuant to clause (3) is ratified \npursuant to clause (4 ) and until election to the State Assembly is held pursuant \nto clause (5). \n (7) During the continuance of the Federal rule, the Federal \nParliament may make laws with respect to an y matter enumerated in the List \ncontained in Schedule -6. Such laws shall continue to exist until repealed by \nother laws made by the concerned State Assembly. \n(8) The Government of Nepal may, directly or through the State \nGovernment, render necessary assistance to, and give necessary directives to, \nany Village Executive or Municipal Executive, pursuant to this Constitution \nand the Federal l aw. It shall be the duty of the Village Executive or Munic ipal \nExecutive to abide by such directives. \n233. Relations between States : (1) One State shall render assistance in the execution \nof legal provisions or judicial and administrative decisions or orders of another \nState. \n(2) A State may exchange information and consult with another State \non matters of common concern and interest, coordinate each other on their \nactivities and legislations and extend mutual assistance. \n146 \n (3) A State shall , in accordance with its State l aw, provide equal \nsecurity, treatment and facility to residents of another State. \n234. Inter-State Council : (1) There shall be an Inter -State Council as follows to \nsettle political disputes arising between the Federation and a State and between \nState s: \n(a) Prim e Minister - Chairperso n \n(b) Minister for Home Affairs of the Government of Nepal - Member \n(c) Minister for Finance of the Government of Nepal - Member \n(d) Chief Ministers of the concerned State s - Member \n(2) The Inter-State Council may meet as required. \n(3) The Inter -State Council may invite to its meeting a Minister of \nthe Government of Nepal and a Minister of the concerned State who is \nresponsible for the matter of dispute and a concerned exp ert. \n(4) The rules of procedures of the meeting of the Inter -State Council \nshall be as determined by the Council itself. \n235. Coordination between Federation , State and Local Level : (1) The Federal \nParliament shall make necessary laws in order to maintain coordination \nbetween the Federation , State and Local l evel. \n (2) The State Assembly may maintain coordination between the \nState and Village Bodies or Municipalities and settle political disputes, if any, \nthat have arisen, in coordination with the conc erned Village Body , \nMunicipality and the District Coordination Committ ee. \n (3) The processes and procedures for the settlement of disputes \nunder clause (2) sha ll be as provided for in the State l aw. \n236. Inter-State trade: Notwithstanding anything contained elsewhere in this \nConstitution, it is prohibited to make any kind of obstruction to the carriage of \n147 \n goods or extension of services by a State or Local level to another State or \nLocal l evel or to the carriage of goods or extension of services to any State or \nLocal Level or to levy tax, fee or charge thereon or to make any kind of \ndiscrimination on the carriage or extension of such services or goods. \n237. Not to affect j urisdiction of Constitutional Bench of Supreme Court : Nothing \ncontained in this Part shall affect the jurisdiction of the Constitutional Bench of \nthe Supreme Court under Article 13 7. \n \n148 \n Part-21 \nCommission for the Investigation of Abuse of Authority \n238. Commission for the Investigation of Abuse of Authority : (1) There shall be a \nCommission for the Investigation of Abuse of Authority of Nepal, consisting of \nthe Chief Commissioner and four other Commissioners. The Chief \nCommissioner shall act as the C hairperson of the Commission for the \nInvestigation of Abuse of Authorit y. \n(2) The President shall, on recommendation of the Constitutional \nCouncil, appoint t he Chief Commissioner and Commissioners. \n(3) The term of office of the Chief Commissioner and \nCommissioners shall be six yea rs from the date of appointment. \n(4) Notwiths tanding anything contained in clause (3), the office of \nthe Chief Commissioner or a Commissioner shall be vacant in any of the \nfollowing circumstances: \n(a) if he or she tenders resignation in writing to the President , \n(b) if he or she attains the age of si xty-five years, \n(c) if a motion of impeachment is passed against him or her \nunder Article 101, \n(d) if he or she is removed from office by the President on \nrecommendation of the Constitutional Council on grounds \nof his or her inability to hold office and di scharge the \nfunctions due to physical or mental illness, \n(e) if he or she dies. \n(5) The Chief Commissioner and Commissioner s appointed under \nclause (2) shall not be eligible for reappointment. \n149 \n Provided that a Commissioner may be appointed to the office of Chief \nCommissioner, and when a Commissioner is so appointed as the Chief \nCommissioner, his or her term of office shall be so computed as to include his \nor her term as the Commissioner. \n(6) A person shall be eligible to be appointed as the Chief \nCommission er or a Commissioner of the Commission for the Investigation of \nAbuse of Authority if he or she possesses the following qualification: \n(a) holding a bachelor's degree from a recognized university, \n(b) not being a member of any political party at the time o f \nappointment, \n(c) having gained at least twenty years of experiences in the \nfield of either accounting, revenue, engineering, law, \ndevelopment or research and being a distinguished person, \n(d) having attained the age of forty five years, and \n(e) being of high moral character. \n(7) The remuneration and other conditions of service of the Chief \nCommissioner and the Commissioners shall be as provided for in the Federal \nlaw. The remuneration and conditions of service of the Chief Commissioner \nand the Commissioners shall not, so long as they hold office, be altered to their \ndisadvantage. \nProvided that this provision shall not apply in cases where a state of \nemergency is declared because of extreme economic disarrays. \n(8) A p erson once appointed as the C hief Commissioner or \nCommissioner shall not be eligible for appointment in other government \nservice. \n150 \n Provided that nothing in this clause shall be deemed to be a bar to the \nappointment to any political position or to any position which has the \nresponsibili ty of making investigations, inquiries or findings on any subject, or \nto any position which has the responsibility of submitting advice, opinion or \nrecommendation after carrying out a study or research on any subject. \n239. Functions, duties and powers of t he Commission for the Investigation of Abuse \nof Authority : (1) The Commission for the Investigation of Abuse of Authority \nmay, in accordance with law, co nduct, or cause to be conducted, investigations \nof any abuse of authority committed through cor ruption by any person holding \npublic office. \nProvided that this clause shall not apply to any official in relation to \nwhom this Constitution itself separately provides for such action and to any \nofficial in relation to whom other law provides for a separate specia l provision. \n(2) In the case of the persons who can be removed from office by \npassing a motion of impeachment under Article 101 , the Judges who can be \nremoved by the Judicial Council and the persons who are liable to action under \nthe Army Act, it may cond uct, or cause to be conducted, investigations in \naccordance with the Federal l aw after they have been removed from office. \n(3) If the Commission for the Investigation of Abuse of Authority \nfinds, on investigation conducted pursuant to clause (1) or (2), that a person \nholding public office has committed an act which is defined by law as \ncorruption, it may file, or cause to be filed, a case against that person and other \nperson involved in that offense in the competent court in accordance with law. \n(4) If, on investigation conducted pursuant to clause (1) or (2), any \nact or action done or taken by a person holding public office appears to be of \nsuch nature as to be falling under the jurisdiction of another official or body, \n151 \n the Commission for the Investigatio n of Abuse of Authority may write to the \nconcerned official or body for necessary action. \n(5) The Commission for the Investigation of Abuse of Authority may \ndelegate any of its functions, duties and powers on the conducting of \ninvestigations or filing case s, to the Chief Commissioner, a Commissioner or \nan officer employee of the Government of Nepal to be exercised and complied \nwith subject to the specified conditions. \n(6) Other functions, duties and powers and rules of procedure of the \nCommission for the In vestigation of Abuse of Authority shall be as provided \nfor in the Federal law. \n \n152 \n Part-22 \nAuditor General \n240. Auditor General : (1) There shall be an Auditor General of Nepal. \n(2) The President shall, on the recommendation of the Constitutional \nCouncil, app oint the Auditor General. \n(3) The term of office of the Auditor General shall be six years from \nthe date of appointment. \n(4) Notwithstanding anything contained in clause (3), the office of \nthe Auditor General shall be vacant in any of the following circum stances: \n(a) if he or she tenders resignation in writing to the President, \n(b) if he or she attains the age of sixty -five years, \n(c) if a motion of impeachment is passed against him or her \nunder Article 101, \n(d) if he or she is removed from office by the President on \nrecommendation of the Constitutional Council on grounds \nof his or her inability to hold office and discharge the \nfunctions due to physical or mental illness, \n(e) if he or she dies. \n(5) The Auditor Ge neral appointed under clause (2) shall not be \neligible for reappointment. \n(6) A person shall be eligible to be appointed as the Auditor General \nif he or she possesses the following qualification: \n(a) having served in the Special Class of the Government of \nNepal or having at least twenty years of experiences in \naudit related work , after having obtained a bachelor's \n153 \n degree in management, commerce or accounting from a \nrecognized university or having passed a chartered \naccountancy examination, \n(b) not being a m ember of any political party at the time of \nappointment, \n(c) having attained the age of forty five years, and \n(d) being of high moral character. \n(7) The remuneration and conditions of service of the Auditor \nGeneral shall be as provided for in the Federal l aw. The remuneration and \nconditions of service of the Auditor General shall not, so long as he or she \nholds office, be altered to his or her disadvantage. \nProvided that this provision shall not apply in cases where a state of \nemergency is declared because of extreme economic disarrays. \n(8) A person once appointed as the Auditor General shall not be \neligible for appointment in another government service. \nProvided that nothing in this clause shall be deemed to be a bar to the \nappointment to any political posi tion or to any position which has the \nresponsibility of making investigations, inquiries or findings on any subject, or \nto any position which has the responsibility of submitting advice, opinion or \nrecommendation after carrying out a study or research on a ny subject. \n241. Func tions, duties and powers of Auditor -General : (1) The accounts of all \nFederal and State Government Offices including the Office of the President, \nOffice of the Vice -President, Supreme Court, Federal Parliament, State \nAssembly, State Gov ernment, Local level , Constitutional Bod ies and Offices \nthereof, C ourts, Office of the Attorney General , Nepal Army, Nepal Police and \nArmed Police Force , Nepal shall be audited by the Auditor -General in \n154 \n accordance with law, having regard to , inter alia , the regularity, economy, \nefficiency, effectiveness and the propriety thereof. \n(2) The Auditor General shall be consulted in the matter of \nappointment of an auditor to carry out the audit of a corporate body of which \nthe Government of Nepal or State Govern ment owns more than fifty percent of \nthe shares or assets. The Auditor General may also issue necessary directives \nsetting forth the principles for carrying out the audit of such corporate body. \n(3) The Auditor General shall, at all times, have power to ex amine \nany books of accounts for the purpose of carrying out the functions under \nclause (1). It shall be the duty of the concerned chief of office to provide all \nsuch documents and information as may be demanded by the Auditor General \nor any of his or her e mployees. \n(4) The accounts to be audit ed pursuant to clause (1) shall be \nmaintained in the form prescribed by the Auditor General , as provided for in \nthe Federal l aw. \n(5) In addition to the accounts of the offices mentioned in clause (1), \nthe Federal law m ay also require the accounts of any other office s or bodies to \nbe audited by the Auditor General. \n \n155 \n Part -23 \nPublic Service Commission \n242. Public Service Commission : (1) There shall be a Public Service Commission \nof Nepal, consisting of the Chairperson and four other Members. \n(2) The President shall, on the recommendation of the Constitutional \nCouncil, appoint the Chairperson and Members. \n(3) At least fifty percent of the tota l number of Members of the \nPublic Service Commission shall be appointed from amongst the persons who \nhave worked for twenty or more in any government service, and the rest of the \nMembers shall be appointed from amongst the persons who hold reputation \nafter having done research, investigation, teaching or any other significant \nwork in the field of science, technology, art, literature, law, public \nadministration, sociology or other sphere of national life. \n(4) The term of office of the Ch airperson and Members of the Public \nService Commission shall be six years from the date of appointment. \n(5) The Chairperson and Members appointed under clause (2) shall \nnot be eligible for reappointment. \nProvided that a Member may be appointed to the office of Chairperson, \nand when a Member is so appointed as the Chairperson, his or her term of \noffice shall be so computed as to include his or her term as the Member. \n(6) Notwithstanding anything contained in clause (4 ), the office of \nthe Ch airperson or a Member of the Public Se rvice Commission shall be \nvacant in any of the following circumstances: \n(a) if he or she tenders resignation in writing to the President, \n(b) if he or she attains the age of sixty -five years, \n156 \n (c) if a motion of impeachment is passed against him or her \nunde r Article 101, \n(d) if he or she is removed from office by the President on \nrecommendation of the Constitutional Council on grounds \nof his or her inability to hold office and discharge the \nfunctions due to physical or mental illness, \n(e) if he or she dies. \n(7) A person shall be eligible to be appointed as the Chairperson or a \nmember of the Public Service Commission if he or she possesses the following \nqualification: \n(a) holding a maste r's degree from a recognized university, \n(b) not being a member of any political party at the time of \nappointment, \n(c) having attained the age of forty five years, and \n(d) being of high moral character. \n(8) The remuneration and other conditions of service of the \nChairperson and the m embers of the Publi c Service Commission shall be as \nprovided for in the Federal l aw. The remuneration and conditions of service of \nthe Chairperson and the Members of the Public Service Commission shall not, \nso long as they hold office, be altered to their disadvantage. \nProvided that this provision shall not apply in cases where a state of \nemergency is declared because of extreme economic disarrays. \n(9) A person once appoin ted as the Chairperson and the m embers of \nthe Public Service Commission shall not be eligible for ap pointment in other \ngovernment service. \n157 \n Provided that nothing in this clause shall be deemed to be a bar to the \nappointment to any political position or to any position which has the \nresponsibility of making investigations, inquiries or findings on any subj ect, or \nto any position which has the responsibility of submitting advice, opinion or \nrecommendation after carrying out a study or research on any subject. \n243. Functions, duties and powers of the Public Service Commission : (1) It shall be \nthe duty of the Public Service Commission to conduct examinations for the \nselection of suitable candidates to be appointed to the positions in the Civil \nService. \nExplanation : For the p urposes of this Article, \"positions in the Civil \nService\" mean s all positions in the services of the Government of Nepal, other \nthan the positions in the services of Army personnel, Nepal Police or Armed \nPolice Force, Nepal and such other positions in the services as are excluded by \nan Act from the Civil Service . \n(2) The Public Service Commission shall conduct written \nexaminations to be given for appointment to the offices of the Nepal Army, \nNepal Police, Armed Police Force, Nepal, other Federal governmental services \nand of bodies corporate, other than the positions in the Civil Service. \nExplanation : For the pur poses of this Article, \"body corporate\" means a \ncorporation, company, bank or board of which more than fifty percent or more \nof the shares or assets is owned or controlled by the Government of Nepal , \nexcept a uni versity or Education Service Commission, or a commission, \ncorporation, authority, body, academy, board, centre, council and other body \ncorporate of similar nature established under the Federal l aw or formed by the \nGovernment of Nepal. \n(3) The Public S ervice Commission shall be consulted on the general \nprinciples to be followed in the course of making appointment and promotion \n158 \n to any position of the Nepal army, Nepal Police, Armed Poli ce Force, Nepal \nand other Federal government service s. \n(4) The Public Service Commission shall be consulted on the laws \nrelating to the conditions of service of the employees in the service of a body \ncorporate and on the general principles to be followed in the course of making \npromotion to any position of such service and taking departmental action \nagainst any such employee. \n(5) No permanent appointment to any pensionable position \nchargeable on the Government of Nepal shall be made except in consultation \nwith the Public Service Commission. \n(6) The Public Service Commission shall be consulted on the \nfollowing subjects: \n(a) matters concerning the law relating to the conditions of \nservice of the Federal Civil Service; \n(b) the principles to be followed in making appointments to, \npromotions to, the Federal Civil Service or positions thereof \nand taking departmental action; \n(c) matters concerning the suitability of an y candidate for \nappointment to the Federal Civil Service position for a period \nof more than six months; \n(d) matters concerning the suitability of any candidate for \ntransfer or promotion from a position in one type of Federal \nCivil Service to a position in other type of Federal Civil \nService or transfer or promotion from other government \nservice to the Federal Civil Service or for a change in service \nor transfer from a position in a State Civil Service to a \n159 \n position in the Federal Civil Service or from a position in the \nFederal Civil Service to a State Civil Service, \n(e) matters concerning the permanent transfer or promotion of an \nemployee working in any position which does not require \nconsultation with the Public Service Commission to any \nposition which requires consultation with the Public S ervice \nCommission; and \n(f) matters relating to departmental action against any employee \nof the Federal Civil Service. \n(7) Notwithstanding an ything contained in clause (6 ), matters falling \nwithin the jurisdiction of the Judicial Service Commission under A rticle 15 4 \nshall be governed by that Article. \n(8) The Public Service Commission may so delegate any of its \nfunctions, duties and powers to its Chairperson or Member, an employee of the \nGovernment of Nepal as to be exercised and complied with subject to the \nspecified conditions. \n(9) Other functions, duties and powers and rules of procedure of the \nPublic Service Commission shall be as provided for in the Federal l aw. \n244. Provisions r elating to State Public Service Commission : (1) Each State shall \nhave a State Public Service Commission. \n (2) The f unctions, duties and powers of the State Public Service \nCommission shall be as provided for in the State l aw. \n(3) The Federal Parliament shall by law determine grounds and \nstandards for the purposes of clause (2 ). \n \n160 \n Part-24 \nElection Commission \n245. Election Commission : (1) There shall be an Election Commission of Nepal, \nconsisting of a Chief Commissioner and four other Commissioners. The Chief \nCommissioner shall act as the chairperson of the Election Commission. \n(2) The President shall, on the recommendation of the Constitutional \nCouncil, appoint the Chief Election Commissioner and Commissioners. \n(3) The term of office of the Chief Election Commissioner and \nCommissioners of the Election Commission shall be six years from the date of \nappointment. \n(4) Notwithstanding anything contained in clause (3 ), the office of \nthe Chief Election Commissioner or Election Commissioner shall be vacant in \nany of the following circumstances: \n(a) if he or she tenders resignation in writing to the President, \n(b) if he or she attains the a ge of sixty -five years, \n(c) if a motion of impeachment is passed against him or her \nunder Article 101, \n(d) if he or she is removed from office by the President on \nrecommendation of the Constitutional Council on grounds \nof his or her inability to hold offic e and discharge the \nfunctions due to physical or mental illness, \n(e) if he or she dies. \n(5) The Chief Election Commissioner and Commissioners appointed \nunder clause (2) shall not be eligible for reappointment. \nProvided that a Commissioner may be appointe d to the office of Chief \nElection Commissioner , and when a Commissioner is so appointed as the Chief \n161 \n Election Commissioner , his or her term of office shall be so computed as to \ninclude his or her term as the Commissioner . \n(6) A person shall be eligible to be appointed as the Chief Election \nCommissioner or a n Election Commissioner if he or she possesses the \nfollowing qualification: \n(a) holding a bachelo r's degree from a recognized university, \n(b) not being a member of any political party at the time of \nappoi ntment, \n(c) having attained the age of forty five years, and \n(d) being of high moral character. \n(7) The remuneration and other conditions of service of the Chief \nElection Commissioner and Election Commissioners shall be as provided for in \nthe Federal l aw. The remuneration and conditions of service of the Chief \nElection Commissioner and the Commissioners shall not, so long as they hold \noffice, be altered to their disadvantage. \nProvided that this provision shall not apply in cases where a state of \nemergency is declared because of extreme economic disarrays. \n(8) A person once appointed as the Chief Election Commissioner \nand a Commissioner of the Election Commission shall not be eligible for \nappointment in other government service. \nProvided that nothing in this clause shall be deemed to be a bar to the \nappointment to any political position or to any position which has the \nresponsibility of making investigations, inquiries or findings on any subject, or \nto any position which has the responsibility of submitting a dvice, opinion or \nrecommendation after carrying out a study or research on any subject. \n162 \n 246. Functions, duties and powers of the Election Commission : (1) The Election \nCommission shal l, subject to this Constitution and the Federal l aw, conduct, \nsupervise, direct and control the election to the President, Vice -President, \nmembers of the Federal Parliament, members of State A ssemblies and \nmembers of Local l evel. For these purposes, the Election Commission shall \nprepare electoral rolls. \n(2) The Election Commission shall hold a referendum on a matter of \nnational importance pursuant to this Constitution and the Federal l aw \n(3) If, after nomination of candidacy for the President, Vic e-\nPresident, member of the Federal Parliament, member of State Assemblies or \nmember of Local l evel h as been filed but before the election results are \ndeclared , a question arises about the qualification of a candidate, the Election \nCommission shall decide that question. \n(4) The Election Commission may so delegate any o f its functions, \nduties and powers to the Chief Election Commissioner, Election Commissioner \nor any government employee as to be exercised and complied with subject to \nthe specified conditions. \n(5) Other functions, duties and powers and rules of procedure of the \nElection Commission shall be as provided for in the Federal l aw. \n247. To provide necessary assistance to Election Commission : The Government of \nNepal , State Government and Local Government shall provide such employees \nand other assistance to the Election Commission as may be required to perform \nits functions pursuant to this Constitution. \n \n163 \n Part-25 \nNational Human Rights Commission \n248. National Human Rights Commission : (1) There shall be a National Human \nRights Commission of Nepal, consisting of a Chairperson and four other \nmembers . \n(2) The President shall, on the recommendation of the Constitutional \nCouncil, appoint the Chairperson and members . \n(3) The term of office of the Chairperson and members of the \nNational Human Rights Commission shall be six years from the date of \nappointment. \n(4) The Chairperson and m embers appointed under clause (2) shall \nnot be eligible for reappointment. \nProvided that a Member may be appointed to the off ice of Chairperson, \nand when a m ember is so appointed as the Chairperson, his or her term of \noffice shall be so computed as to include his or her term as the Member. \n(5) Notwithstanding anything contained in clause (3 ), the office of \nthe Ch airperson or m ember of the National Human Rights Commission shall \nbe vacant in any of the following circumstances: \n(a) if he or she tenders resignation in writing to the President, \n(b) if a motion of impeachment is passed against him or her \nunder Article 101, \n(c) if he or she is removed from office by the President on \nrecommendation of the Constitutional Council on grounds \nof his or her inability to hold office and discharge the \nfunctions due to physical or mental illness, \n(d) if he or she dies. \n164 \n (6) A person sha ll be eligible to be appointed as the Ch airperson or a \nmember of the National Human Rights Commission if he or she possesses the \nfollowing qualification: \n(a) in the case of the Chairperson, being a retired Chief Justice or \nretired Judge of the Supreme Cour t and having rendered \noutstanding contribution to the protection and promotion of \nhuman rights or being a renowned person having been active for \nat least twenty years in and rendered outstanding contribution to \nthe protection and promotion of human rights or to various fields \nof national life, \n(b) in the case of a Member, being a person being involved in the \nfield of the protection and promotion of human rights or rights \nand interests of the child or being a renowned person having been \nactive for at least t wenty years in and rendered outstanding \ncontribution to various fields of national life, \n(c) holding a bachelor's degree from a recognized university, \n(d) having attained the age of forty five years, \n(e) not being a member of any political party at the time of \nappointment, \n(f) being of high moral character. \n(7) The remuneration and other conditions of service of the \nChairperson and members of the National Human Rights Commission shall be \nas provided for in the Federal law. The remuneration and conditions of service \nof the Chairperson and m embers of the National Human Rights Commission \nshall not, so long as they hold office, be altered to their disadvantage. \nProvided that this provision shall not apply in cases where a state of \nemergency is declared because of extreme economic disarrays. \n165 \n (8) A person once appointed as the Chairperson or a m ember of the \nNational Human Rights Commission shall not be eligible for appointment in \nother government service. \nProvided th at nothing in this clause shall be deemed to be a bar to the \nappointment to any political position or to any position which has the \nresponsibility of making investigations, inquiries or findings on any subject, or \nto any position which has the responsibili ty of submitting advice, opinion or \nrecommendation after carrying out a study or research on any subject. \n249. Functions, duties and powers of National Human Rights Commission : (1) It \nshall be the duty of the National Hum an Rights Commission to respect, pr otect \nand promote human rights and ensure effective enforcement thereof. \n(2) For the accomplishment of the duty mentioned in clause (1), the \nNational Human Rights Commission shall perform the following functions: \n(a) to inquire, on its own initiative or on petition or complaint \npresented in or sent to the Commission by a victim or any person \non his or her behalf or on information received by the \nCommission from any source, into and investigate complaints of \nviolations of human rights of an individual or gro up or abetment \nthereof, and make recommendation for action against the \nperpetrators , \n(b) if any official who has the responsibility or duty to prevent \nviolations of human rights fails to fulfill or perform his or her \nresponsibility or duty or shows reluctance in the fulfillment or \nperformance of his or her responsibility or duty, to make \nrecommendation to the concerned authority to take department al \naction against such official, \n166 \n (c) if it is required to institute a case against any person or \norganiza tion who has violated human rights, to make \nrecommendation to file a case in the court in accordance with \nlaw; \n(d) to coordinate and collaborate with the civil society in order to \nenhance awareness on human rights, \n(e) to make recommendation, accompanied by the reasons and \ngrounds, to the concerned body for taking departmental action \nagainst and imposing punishment on those who ha ve violated \nhuman rights, \n(f) to carry out periodic reviews of the relevant laws relating to \nhuman rights and make recommendatio n to the Government of \nNepal for necessary improvements in and amendments to such \nlaws, \n(g) if Nepal has to become a party to any international treaty or \nagreement on human rights, to make recommendation, \naccompanied by the reasons therefor, to the Govern ment of \nNepal; and monitor whether any such treaty or agreement to \nwhich Nepal is already a party has been implemented, and if it is \nfound not to have been implemented, to make recommendation \nto the Government of Nepal for its implementation, \n(h) to publis h, in accordance with law, the names of the officials, \npersons or bodies who have failed to observe or implement any \nrecommendations or directives made or given by the National \nHuman Rights Commission in relation to the violations of human \nrights, and reco rd them as violators of human rights. \n167 \n (3) In discharging its functions or performing its duties, the National \nHuman Rights Commission may exercise the following powers: \n(a) to exercise all such powers as of a court in respect of the \nsummoning and enforcin g the attendance of any person before \nthe Commission and seeking and recording his or her information \nor statements or depositions, examining evidence an d producing \nexhibits and proofs, \n(b) on receipt of information by the Commission in any manner that \na serious violation of human rights has already been committed \nor is going to be committed, to search any person or his or her \nresidence or office, enter such residence or office without notice, \nand, in the course of making such search, take possession of any \ndocument, evidence or proof related wit h the violation of human \nrights, \n(c) in the event of necessity to take action immediately on receipt of \ninformation that the human rights of any person are being \nviolated, to enter any government office or any other place \nwithou t notice and rescue such person, \n(d) to order for the provision of compensation in accordance with \nlaw to any person who is a victim of the violations of human \nrights; \n(4) The National Human Rights Commission may so delegate any of \nits function s, duties and powers to the Chairperson of the Commission, any of \nits Members or a government employee as to be exercised and complied with \nsubject to the specified conditions. \n168 \n (5) Other functions, duties and powers and rules of procedure of the \nNational H uman Rights Commission shall be as provided for in the F ederal \nlaw. \nPart-26 \nNational Natural Resources and Fi scal Commission \n250. National Natural Resources and Fiscal Commission : (1) There shall be a \nNational Natural Resources and Fiscal Commission of Nepal, consisting of a \nmaximum of five members including a Chairperson. \n(2) The President shall, on the recommendation of the Constitutional \nCouncil, appoint the Chairperson and members of the National Natural \nResources and Fiscal Commission. \n(3) The term of office of the Chairperson and members of the \nNational Natural Resources and Fiscal Commission shall be six years from the \ndate of appointment. \n(4) Notwithstanding anything contained in cla use (3), the office of \nthe Chairperson or m ember of the National Natural Resources and Fiscal \nCommission shall be vacant in any of the following circumstances: \n(a) if he or she tenders resignation in writing to the President, \n(b) if he or she attains the age of sixty -five years, \n(c) if a motion of impeachment is passed against him or her \nunder Article 101, \n(d) if he or she is removed from office by the President on \nrecommendation of the Constitutional Council on grounds \nof his or her inability to hold office and discharge the \nfunctions due to physical or mental illness, \n(e) if he or she dies. \n169 \n (5) The Chairperson and m embers appointed under clause (2) shall \nnot be eligible for reappointment. \nProvided that a m ember may be appointed to the off ice of Chairperson, \nand when a m ember is so appointed as the Chairperson, his or her term of \noffice shall be so computed as to include his or her term as the m ember. \n(6) A person shall be eligible to be appointed as the Chairperson or a \nmember of th e National Natural Resources and Fiscal Commission if he or she \npossesses the following qualification: \n(a) having gained expertise upon being active for at least twenty \nyears in the field of natural resources or fiscal management, \neconomic s, law, management, after holding a bachelor's degree in \nthe relevant subject from a recognized university, \n(b) not being a member of any political party at the time of \nappointment, \n(c) having attained the age of forty five years, \n(d) being of high moral ch aracter. \n(7) The remuneration and other conditions of service of the \nChairperson and m embers of the National Natural Resources and Fiscal \nCommission s hall be as provided for in the Federal l aw, and their remuneration \nand conditions of service shall not, so long as they hold office, be altered to \ntheir disadvantage. \nProvided that this provision shall not apply in cases where a state of \nemergency is declared because of extreme economic disarrays. \n(8) A person once appointed as the Chairperson or a m ember of t he \nNational Natural Resources and Fiscal Commission shall not be eligible for \nappointment in other government service. \n170 \n Provided that nothing in this clause shall be deemed to be a bar to the \nappointment to any political position or to any position which ha s the \nresponsibility of making investigations, inquiries or findings on any subject, or \nto any position which has the responsibility of submitting advice, opinion or \nrecommendation after carrying out a study or research on any subject. \n251. Functions, duti es and powers of National Natural Resources and Fiscal \nCommission : (1) The functions, duties and powers of the National Natural \nResources and Fiscal Commission shall be as follows: \n(a) to determine detailed basis and modality for the distributi on of \nrevenu es between the Federal , State and Loc al Governments out \nof the Federal Consolidated Fund in accordance with the \nConstitution and law, \n(b) to make recommendation about equalization grants to be \nprovided to the State and Lo cal Governments out of the Federal \nConsolidated Fund, \n(c) to conduct study and research work and prepare parameters as to \nconditional grants to be provided to the State and Local \nGovernments in accordance with national policies and programs, \nnorms/standards and situation of infrastructures , \n(d) to determine detai led basi s and modality for the distribution of \nrevenues between the State and Local Governments out of the \nState Consolidated Fund, \n(e) to recommend measures t o meet expenditures of the Federal , \nState and Local Governments, and to reform revenue collection, \n(f) to analyze macro -economic indicators and recommend ceiling of \ninternal loans that the Federal , State and Local Governments can \nborrow, \n171 \n (g) to review the bases for th e distribution between the Federal and \nState Governments of revenues and recommend for revision, \n(h) to set bases for the determination of shares of the Government of \nNepal, State Government and Local l evel in investments and \nreturns, in the mobilization of natural resources, \n(i) to do study and research work on po ssible disputes that may arise \nbetween the Federation and the States, between State s, between a \nState and a Local level, and between Local levels , and make \nsuggestions to act in a coordinated manner for the prevention of \nsuch disputes. \n(2) The National Na tural Resources and Fiscal Commission shall \ncarry out necessary study and research work about environmental impact \nassessment required in the course of distribution of natural resources, and make \nrecommendations to the Government of Nepal. \n(3) Other functions, duties and powers and rules of procedure of the \nNational Natural Resources and Fiscal Commission , detailed bases required to \nbe followed in the mobilization of natural resources or distribution of revenues, \nand other matters including cond itions of service of the officials of the \nCommission shall be as provided for in the Federal l aw. \n \n172 \n Part-27 \nOther Commissions \n252. National Women Commission : (1) There shall be a National Women \nCommission of Nepal, consisting of a Chairperson and four othe r members. \n(2) The President shall, on the recommendation of the Constitutional \nCouncil, appoint the Chairperson and members of the National Women \nCommission. \n(3) The term of office of the Chairperson and members of the \nNational Women Commission shall be six years from the date of appointment. \n(4) Notwithstanding anything contained in clause (3), the office of \nthe Chairperson or member of the National Women Commission shall be \nvacant in any of the following circumstances: \n(a) if he or she tenders resignat ion in writing to the President, \n(b) if he or she attains the age of sixty -five years, \n(c) if a motion of impeachment is passed against him or her \nunder Article 101, \n(d) if he or she is removed from office by the President on \nrecommendation of the Constitutional Council on grounds \nof his or her inability to hold office and discharge the \nfunctions due to physical or mental illness, \n(e) if he or she dies. \n(5) The Chairperso n and members appointed under clause (2) shall \nnot be eligible for reappointment. \nProvided that a member may be appointed to the office of Chairperson, \nand when a member is so appointed as the Chairperson, his or her term of \noffice shall be so computed as to include his or her term as the member. \n173 \n (6) A person shall be eligible to be appointed as the Chairperson or a \nmember of the National Women Commission if he or she possesses the \nfollowing qualification: \n(a) being a woman having rendered outstanding contr ibution , for at \nleast ten years, to the field of rights and interests of women or \ngender justice or women development or human rights and law, \n(b) in the case of the Chairperson, holding a bachelor's degree from a \nrecognized university, \n(c) having attained the age of forty five years, \n(d) not being a member of any political party at the time of \nappointment, and \n(e) being of high moral character. \n(7) The remuneration and conditions of service of the Chairperson \nand members of the National Women Comm ission shall be as provided for in \nthe Federal law, and their remuneration and conditions of service shall not, so \nlong as they hold office, be altered to their disadvantage. \nProvided that this provision shall not apply in cases where a state of \nemergency is declared because of extreme economic disarrays. \n(8) A person once appointed as the Chairperson or a m ember of the \nNational Women Commission shall not be eligible for appointment in other \ngovernment service. \nProvided that nothing in this clause shall be deemed to be a bar to the \nappointment to any political position or to any position which has the \nresponsibility of making investigations, inquiries or findings on any subject, or \nto any position which has the responsibility of submitting advice, opinion or \nrecommendation after carrying out a study or research on any subject. \n174 \n 253. Functions, duties and powers of National Women Commission : (1) The \nfunctions, duties and powers of the National Women Commission shall be as \nfollows: \n(a) to formulate policies and programs concerning the rights and \ninterests of the women and submit them to the Government of Nepal \nfor implementation. \n(b) to monitor as to whether laws concerning the rights and interests of \nthe women and obligations under the international treaties to which \nNepal is a party have been implemented, and make suggestions, \naccompanied by the measures for their effective compliance and \nimplementation to the Government of Nepal, \n(c) in order to have the women included in the mainstream of national \ndevelopment and ensure proportional participation in all organs of \nthe State, to assess , monitor and evaluate the existing policies and \nprograms, and make recommendation to the Government of Nepal \nfor their effective implementation, \n(d) to carry out study and research work on the legal provisions relating \nto gender equality, empowerment of women and women, make \nrecommendations to the concerned bodies on reforms to be made on \nsuch laws, and monitor the same. \n(e) to make suggestions to the Go vernment of Nepal about the \npreparation of reports to be submitted by Nepal in accordance with \nthe provisions contained in the international treaties or agreements \nconcerning women's rights, to which Nepal is a party, \n(f) if it is necessary to file cases a gainst any persons or bodies on \nmatters of violence against women or being subjected to social ill -\npractices or infringement of or deprivation of enjoyment of women's \n175 \n rights, to make recommendations to the concerned bodies to file \nsuch cases in courts in a ccordance with the law. \n(2) The National Women Commission may so delegate any of its \nfunctions, duties and powers to the Chairperson of the Commission, any of its \nmembers or any employee of the Government of Nepal as to be exercised and \ncomplied with subje ct to the specified conditions. \n(3) Other functions, duties and powers and other relevant matters of \nthe National Women Commi ssion shall be as provided for in the Federal l aw. \n254. Powers to establish offices in States : The National Women Rights Commission \nmay, as required, establish its offices in States. \n255. National Dalit Commission : (1) There shall be a National Dalit Commission of \nNepal, consisting of a Chairperson and four other members. \n(2) The President shall, on the recommendation of the Constitu tional \nCouncil, appoint the Chairperson and members of the National Dalit \nCommission. \n(3) The term of office of the Chairperson and members of the \nNational Dalit Commission shall be six years from the date of appointment. \n(4) Notwithstanding anything contained in clause (3), the office of \nthe Chairperson or member of the National Dalit Commission shall be vacant \nin any of the following circumstances: \n(a) if he or she tenders resignation in writing to the President, \n(b) if he or she attains the age of sixty -five years, \n(c) if a motion of impeachment is passed against him or her \nunder Article 101, \n(d) if he or she is removed from office by the President on \nrecommendation of the Constitutional Council on grounds \n176 \n of his or her inabi lity to hold office and discharge the \nfunctions due to physical or mental illness, \n(e) if he or she dies. \n(5) The Chairperson and members appointed under clause (2) shall \nnot be eligible for reappointment. \nProvided that a member may be appointed to the off ice of Chairperson, \nand when a member is so appointed as the Chairperson, his or her term of \noffice shall be so computed as to include his or her term as the member. \n(6) A person shall be eligible to be appointed as the Chairperson or a \nmember of the Natio nal Dalit Commission if he or she possesses the following \nqualification: \n(a) being a person having rendered outstanding contribution to the \nfield of rights and interests of the Dalit community or human \nrights and law , for at least ten years , \n(b) in the case of the Chairperson, holding a t least a bachelor's \ndegree from a recognized university, \n(c) having attained the age of forty five years, \n(d) not being a member of any political party at the time of \nappointment, and \n(e) being of high moral characte r. \n(7) The remuneration and conditions of service of the Chairperson \nand members of the National Dalit Commission shall be as provided for in the \nFederal law, and their remuneration and conditions of service shall not, so long \nas they hold office, be alter ed to their disadvantage. \nProvided that this provision shall not apply in cases where a state of \nemergency is declared because of extreme economic disarrays. \n177 \n (8) A person once appointed as the Chairperson or a member of the \nNational Dalit Commission shall not be eligible for appointment in other \ngovernment service. \nProvided that nothing in this clause shall be deemed to be a bar to the \nappointment to any political position or to any position which has the \nresponsibility of making investigations, inquiries o r findings on any subject, or \nto any position which has the responsibility of submitting advice, opinion or \nrecommendation after carrying out a study or research on any subject. \n256. Functions, duties and powers of National Dalit Commission : (1) The functions, \nduties and powers of the National Dalit Commission shall be as follows: \n(a) to conduct study and exploration as to the overall situation of the \nDalit community, identify areas of necessary policy, legal and \ninstitutional reforms in that field, and make recommendations to the \nGovernment of Nepal, \n(b) to formulate national policies and programs concerning the interests \nof the Dalit for the upliftment and development of the Dalit, putting \nan end to caste -based discrimination, oppression and discrim ination, \nand submit such policies and programs to the Government of Nepal \nfor their implementation, \n(c) to monitor as to whether laws concerning the interests of the Dalit , \nincluding the special provisions made for the upliftment and interests \nof the Dalit community have been effectively implemented, and in \nthe event of absence of observance or implementation, to make \nsuggestions to the Government of Nepal for the observance or \nimplementation thereof , \n(d) to make suggestions to the Government of Nepal about the \npreparation of reports to be submitted by Nepal in accordance with \n178 \n the provisions contained in the international treaties or agreements \nconcerning the rights of the Dalit community, to which Nepal is a \nparty, \n(e) in order to have the Dalit community included in the mainstream of \nnational development and ensure proportional participation in all \norgans of the State, to assess , monitor and evaluate the existing \npolicies and programs, and make recommendation to the \nGovernment of Nepal for their effective implementation, \n(f) if it is necessary to file cases against any persons or bodies on \nmatters of being victims of caste -based discrimination and \nuntouchability or social ill -practices or infringement of or \ndeprivation of enjoyment of the rights of the Dalit , to make \nrecommendations to the concerned bodies to file such cases in courts \nin accordance with the law. \n(2) The National Dalit Commission may so delegate any of its \nfunctions, duties and powers to the Chairperson of the Commission, any of it s \nmembers or any employee of the Government of Nepal as to be exercised and \ncomplied with subject to the specified conditions. \n(3) Other functions, duties and powers and other relevant matters of \nthe National Dalit Commission shall be as provided for in the Federal l aw. \n257. Powers to establish offices in States : The National Dalit Commission may, as \nrequired, establish its offices in States. \n258. National Inclusion Commission : (1) There shall be a National Inclusion \nCommission of Nepal, consisting of a Chairperson and four other members. \n(2) The President shall, on the recommendation of the Constitutional \nCouncil, appoint the Chairperson and members of the National Inclusion \nCommission. \n179 \n (3) The term of office of the Chairperson and members of the \nNational Inclusion Commission shall be six years from the date of \nappointment. \n(4) Notwithstanding anything contained in clause (3), the office of \nthe Chairperson or member of the National Incl usion Commission shall be \nvacant in any of the following circumstances: \n(a) if he or she tenders resignation in writing to the President, \n(b) if he or she attains the age of sixty -five years, \n(c) if a motion of impeachment is passed against him or her \nunde r Article 101, \n(d) if he or she is removed from office by the President on \nrecommendation of the Constitutional Council on grounds \nof his or her inability to hold office and discharge the \nfunctions due to physical or mental illness, \n(e) if he or she dies. \n(5) The Chairperson and members appointed under clause (2) shall \nnot be eligible for reappointment. \nProvided that a member may be appointed to the office of Chairperson, \nand when a member is so appointed as the Chairperson, his or her term of \noffice shall be so computed as to include his or her term as the member. \n(6) A person shall be eligible to be appointed as the Chairperson or a \nmember of the National Inclusion Commission if he or she possesses the \nfollowing qualification: \n(a) being a person having rendered outstanding contribution, for at \nleast ten years, to the field of social inclusion, rights and interests \nor development of persons with disabilities, minority and \n180 \n marginalized communities and backward areas and classes or \nhuma n rights , \n(b) in the case of the Chairperson, holding a bachelor's degree from a \nrecognized university, \n(c) having attained the age of forty five years, \n(d) not being a member of any political party at the time of \nappointment, and \n(e) being of high moral c haracter. \n(7) The remuneration and conditions of service of the Chairperson \nand members of the National Inclusion Commission shall be as provided for in \nthe Federal law , and their remuneration and conditions of service shall not, so \nlong as they hold offic e, be altered to their disadvantage. \nProvided that this provision shall not apply in cases where a state of \nemergency is declared because of extreme economic disarrays. \n(8) A person once appointed as the Chairperson or a member of the \nNational Inclusion Commission shall not be eligible for appointment in other \ngovernment service. \nProvided that nothing in this clause shall be deemed to be a bar to the \nappointment to any political position or to any position which has the \nresponsibility of making investigat ions, inquiries or findings on any subject, or \nto any position which has the responsibility of submitting advice, opinion or \nrecommendation after carrying out a study or research on any subject. \n259. Functions, duties and powers of National Inclusion Commi ssion : (1) The \nfunctions, duties and powers of the National Inclusion Commission shall be as \nfollows: \n181 \n (a) to conduct study and research works for the protection of the rights \nand interests of the communities, including Khas Arya , Pichhada \nclass, persons wi th disabilities, senior citizens, labours, peasants, \nminorities and marginalize d community, backward class, people of \nKarnali and the indigent class, \n(b) to study the status of implementation of the policies and laws \nadopted by the Government of Nepal for the inclusion of the \ncommunity, class and region mentioned in clause (a) and make \nsuggestions to the Government for reforms, \n(c) to study as to whether there has been appropriate representation of \nthe community, class and region mentioned in clause (a) in the \norgans of the State and make suggestions to the Government of \nNepal to review the special provisions made for the representation of \nsuch community, class and region, \n(d) to study as to whether the protection, empowerment and \ndevelopment of the communit y, class and region mentioned in \nclause (a) has been satisfactory and make recommendations to the \nGovernment of Ne pal about polic ies to be pursued in the future, \n(e) to make suggestions to the Government of Nepal about policies and \nprograms to be pursued f or the development and prosperity of the \nKarnali and backward regions, \n(f) to make recommendations for timely revisions of laws concerning \nminority and marginalized communities, \n(g) to monitor the status of implementation of rights and interests \nguaranteed for minority and marginalized communities and make \nrecommendations for revision upon necessary review on the basis of \nperiodic national census and human development index. \n182 \n (2) The National Inclusion Commission may so delegate any of its \nfunctions, duties and powers to the Chairperson of the Commission, any of its \nmembers or any employee of the Government of Nepal as to be exercised and \ncomplied with subject to the specified conditions. \n(3) Other functions, duties and powers and other relevant matters of \nthe National Inclusion Commission shall be as provided for in the Federal law. \n260. Powers to establish offices in States : The National Inclusion Rights \nCommission may, as required, establish its offices in States. \n261. Indigenous Nationalities Commission : (1) There shall be an Indigenous \nNationalities Commission of Nepal, consisting of a Chairperson and a \nmaximum of four other members. \n(2) The President shall, on the recommendation of the Constitutional \nCouncil, appoint the Chairperson and members of the Indigenous Nationalities \nCommission. \n(3) The term of office of the Chairperson and members of the \nIndigenous Nationalities Commission shall be six years from the date of \nappointment. \n(4) Other matters relating to t he qualification for the Chairperson and \nmembers of the Indigenous Nationalities Commission, circumstances in which \ntheir offices fall vacant, their remuneration and conditions of service and the \nfunctions, duties and powers of this Commission shall be as provided for in the \nFederal l aw. \n262. Madhesi Commission: (1) There shall be a Madhesi Commission of Nepal, \nconsisting of a Chairperson and a maximum of four other members. \n(2) The President shall, on the recommendation of the Constitutional \nCouncil, appoint the Chairperson and members of the Madhesi Commission. \n183 \n (3) The term of office of the Chairperson and members of the \nMadhesi Commission shall be six years from the date of appointment. \n(4) Other matters relating to the qualification for the Chairperson and \nmembers of the Madhesi Commission, circumstances in which their offices fall \nvacant, their remuneration and conditions of service and the functions, duties \nand powers of this Co mmission shall be as provided for in the Federal l aw. \n263. Tharu Commission: (1) There shall be a Tharu Commissio n of Nepal, \nconsisting of a Chairperson and a maximum of four other members. \n(2) The President shall, on the recommendation of the Constitutional \nCouncil, appoint the Chairperson and members of the Tharu Commission. \n(3) The term of office of the Chairpers on and members of the Tharu \nCommission shall be six years from the date of appointment. \n(4) Other matters relating to the qualification for the Chairperson and \nmembers of the Tharu Commission, circumstances in which their offices fall \nvacant, their remune ration and conditions of service and the functions, duties \nand powers of this Commission shall be as provided for in the Federal l aw. \n264. Muslim Commission : (1) There shall be a Muslim Commission of Nepal, \nconsisting of a Chairperson and a maximum of four other members. \n(2) The President shall, on the recommendation of the Constitutional \nCouncil, appoint the Chairperson and members of the Muslim Commission. \n(3) The te rm of office of the Chairperson and members of the \nMuslim Commission shall be six years from the date of appointment. \n(4) Other matters relating to the qualification for the Chairperson and \nmembers of the Muslim Commission, circumstances in which their of fices fall \nvacant, their remuneration and conditions of service and the functions, duties \nand powers of this C ommission shall be as provided for in the Federal l aw. \n184 \n 265. Review of Commissions : The Federal Parliament shall, after ten years of the \ncommenceme nt of this Constitution, review the Commissions formed under \nthis Part. \n \n185 \n Part-28 \nProvisions Relating to National Security \n266. National Security Council : (1) There shall be a National Security Council for \nmaking recommendation to the Government of Nepal, Council of Ministers for \nthe formulation of a policy on overall national interest, security and defence of \nNepal, and for the mobilization and control of the Nepal Army, which shall \nconsist of the following as the Chairperson and members: \n (a) The Prime Minister -Chairperson \n (b) Minister for Defence , Government of Nepal -Member \n (c) Minister for Home, Government of Nepal -Member \n (d) Minister for Foreign Affairs, Government of Nepal -Member \n (e) Minister for Finance, G overnment of Nepal -Member \n (f) Chief Secretary of Government of Nepal -Member \n (g) Commander -in-Chief, Nepal Army -Member \n(2) The secretary at the Ministry of Defenc e shall act as the member \nsecretary of the National Security Council . \n(3) The National Security Council shall submit its annual report to \nthe President, and the President shall cause the report to be laid through the \nPrime Minister before the Federal Parliament. \n(4) Other matters relating to the National Se curity Council shall be \nas provided by the Federal l aw. \n267. Provisions r elating to Nepal Army : (1) There shall be an organization of the \nNepal Army in Nepal, which is inclusive and committed to this Constitution, \nfor the safeguarding of independence, sove reignty, territorial integrity and \nnational unity of Nepal. \n186 \n (2) The President shall be the supreme commander -in-chief of the \nNepal Army. \n (3) Entry of women, Dalit , indigenous people, indigenous \nnationalities, Khas Arya , Madhesi , Tharu , Pichhada class and backward region \ncitizens into the Nepal Army shall, on the basis of principles of equality and \ninclusion, be ensured by the Federal l aw. \n (4) The Government of Nepal may also mobilize the Nepal Army in \nother works including development, constru ction and disaster management \nworks, as provided for in the Federal l aw. \n (5) The President shall, on recommendation of the Council of \nMinisters, appoint the Commander -in-Chief and remove him or her from \noffice . \n (6) The President shall, on recommendati on of the National Security \nCouncil and pursuant to a decision of the Government of Nepal, Council of \nMinisters, declare the mobilization of the Nepal Army in cases where a grave \nemergency arises in regard to the sovereignty or territorial integrity of Nep al or \nthe security of any part thereof, by war, external aggression, armed rebellion or \nextreme economic disarray. A declaration of the mobilization of the Nepal \nArmy must be ratified by the House of Representatives within one month after \nthe date of such declaration. \n (7) Other matters pertaining to the Nepal Army shall be in \naccordance with law. \n268. Provisions Relating to Nepal Police, Armed Police Force, Nepal and National \nInvestigation Department : (1) The Feder ation shall have Nepal Police, Armed \nPolice Force, Nepal and National Investigation Department . \n (2) Each State shall have a State police organization. \n187 \n (3) Matters relating to the Operation, supervision and coordination of \nfunctions to be discharged by the Nepal Police and the State police shall be as \nprovided for in the Federal l aw. \n(4) Other matters relating to the Nepal Police, Armed Police Force, \nNepal and National Investigation Department shall be as provided by the \nFederal l aw. \n \n188 \n Part-29 \nProvisions Relating to Political Parties \n269. Formation, registration and operation of political parties : (1) Persons who are \ncommitted to common political ideology, philosophy and program may, \nsubject to laws made under sub -clause (c) of clause (2) of Article 17 , form and \noperate political parties , and generate, or cause to be generated, publicity in \norder to secure support and cooperation from the general public for their \nideolog y, philosophy and program or carry out other necessary activity for this \npurpose. \n(2) A political party formed in a ccordance with clause (1) must \nregister the party with the Election Commission upon fulfilment of the \nprocedures established by law. \n(3) A petition to be made for the purpose of registration of a party in \naccordance with clause (2) must be accompanied by the constitution and \nmanifesto of the concerned political party and such other documents as \nrequired by the Federal l aw. \n(4) For a petition to be made for the registration of a party in \naccordance with clause (2), the political p arty must fulfil the following \nconditions: \n(a) its constitution and rules must be democratic, \n(b) its constitution must provide for election of each of the office -\nbearers of the party at the Federal and State levels at least once in \nevery five years; \n provided that nothing shall bar the making of provision by the \nconstitution of a political party to hold such election within six \nmonths in the event of failure to hold election of its office -\nbearers within five years because of a special circumstance . \n189 \n (c) there must be a provision of such inclusive representation in its \nexecutive committees at various levels as may be reflecting the \ndiversity of Nepal. \n(5) If the name, objective, insignia or flag of a political party is of \nsuch a nature as to jeopardize th e religious and communal unity of the cou ntry \nor to fragment the country, that party shall not be registered. \n270. Prohibition on imposition of restrictions on political parties: (1) Any law, \narrangement or decision so made as to impose any restriction on the formation \nand operation of a political party and on the generation of publicity in order to \nsecure support and cooperation from the general public for the ideology, \nphilosophy and program of the party in accordance with Article 269 shall be \ndeemed to b e inconsistent with this Constitution and shall, ipso facto, be void. \n(2) Any law, arrangement or decision so made as to allow for \nparticipation or involvement of only a single political party or persons having \nsimilar political ideology, philosophy or program in the elections or in the \npolitical system of, or in the conduct of governance of, the country shall be \ndeemed to b e inconsistent with this Constitution and shall, ipso facto, be void. \n271. Registration required for securing recognition for the purpose of contesting \nelections as political party: (1) Every political party that is registered in \naccordance with Article 26 9 and intends to secure recognition from the \nElection Commission for the purposes of elections must be registered with t he \nElection Commission in fulfi lment of the procedures set forth in the Federal \nlaw. \n (2) The political party must submit a yearly aud it report in addition \nto the matters set forth in clause (3) of Article 269 along with a n application to \nbe made for the purpose of clause (1) and also fulfil the terms set forth in clause \n(4) of that Article. \n190 \n 272. Other provisions relating to political pa rties: Provisions relating to the \nformation, registration, operation and facilities of political parties and other \nmatters pertaining thereto shall be as provided for in the Federal l aw. \n \n191 \n Part-30 \nEmergency Power \n273. Emergency p ower : (1) If a grave emergency arises in regard to the sovereignty , \nterritorial integrity of Nepal or the security of any part the reof, by war, external \naggression, armed rebellion, extreme economic disarray, natural calamity or \nepidemic , the President may declare or order a state of emergency in respect of \nthe whole of Nepal or of any specified part thereof. \n(2) Notwithstanding anything contained in clause (1), if there arises \na grave emergency in a State by a natural calamity or epidemic, the concerned \nState Government may re quest the Government of Nepal to d eclare or order a \nstate of emergency in respect of the whole of the State or of any specified part \nthereof, in accordance with this Ar ticle. \n(3) Every declaration or order made in accordance with clause (1) \nshall be laid b efore both Houses of the Federal Parliament for approval within \none month after the date of issuance of such proclamation or order. \n(4) If a declaration or order laid for approval in accordance with \nclause (3 ) is approved by a t least two-third s majority of the total number of the \nthen members of both Houses of the Federal Parliament, the declaration or \norder shall continue in force for a period of three months from the date of its \nissuance. \n(5) If a declaration or or der laid for approval in acco rdance with \nclause (3 ) is not approved in accordance with clause (3), the declaration or \norder shall ipso facto be inoperative . \n(6) Notwithstanding anything contained elsewhere in this Article, \nprior to expiration of the period mentioned in clause (4 ), a motion to extend the \nperiod of the declar ation or order of state of emergency for another period not \nexceeding three months may be submitted to the Federal Parliament. \n192 \n (7) If a motion mentioned in clause (6) is passed by at least two -\nthirds majority of the total number of the then members of both Houses of the \nFederal Parliament, the declaration or order shall continue in force for the \nperiod mentioned in that motion. \n(8) In the event of dissolution of the House of Representatives, the \npowers exercisable by the Federal Parliament in accordance with clauses (3), \n(4), (6) and (7) shall be exercised by the National Assembly. \n(9) After the making of a declaration or order of a state of \nemergency in accordance with clause (1), the President may issue such orders \nas are necessary to meet the exigen cies. Orders so issued shall apply as of law \nso long as the state of emergency is in operation. \n(10) At the time of making a declaration or order of a state of \nemergency in accordance with clause (1), the fundame ntal rights as provided in \nPart-3 may be suspended until the declaration or order is in operation. \nProvided that Article 16, sub -clauses (c) and (d) of clause (2) of Article \n17, Art icle 18, clause (2) of Article 19 , Articles 20, 21, 22 and 24, clause (1) of \nArticle 26, Articles 29, 30, 31, 32, 35, clauses (1) and (2 ) of Article 36, \nArticles 38 and 39, clauses (2) and (3) of Article 40, Articles 41, 42, 43 and 45, \nthe right to constitutional remedy in relation to such Articles pursuant to \nArticle 46 and the right to the remedy of habeas corpus shall not be suspended. \n(11) If any Article of this Constitution is suspended pursuant to clause \n(10), no petition may lie in any court f or the enforcement of the fun damental \nright conferred by that Article nor may a question be raised in any C ourt in that \nrespect. \n(12) If, during the continuance of a declaration or order under this \nArticle, any injury is caused to a person from any act don e by any offi cial in \nbad faith, the victim may, within three months fro m the date of termination of \n193 \n that declaration or order, file a petition for c ompensation for such injury. If \nsuch petition is made , the court may order for compensation by, and punish , \nthe perpetrator as provided for in the Federal l aw. \n(13) The President may, at any time, withdraw a declaration or order \nof a state of emergency made in accordance with this Article. \n \n194 \n Part-31 \nAmendment to the Constitution \n274. Amendment to Constitution : (1) No amendment shall be made to this \nConstitution in manner to be prejudicial to the sovereignty, territorial integrity, \nindependence of Nepal and sovereignty vested in the people. \n(2) Subject to clause (1) and other Articles of this Constitution, a Bill \nto amend or repeal any Article of this Constitution may be introduced in either \nHouse of the Federal Parliament . \nProvided that clause (1) shall not be amended. \n(3) A Bill introduced pursuant to clause (1) shall be publicly \npublished for information to the general public within thirty days of its \nintroduction in the concerned House. \n(4) If a Bill introduced pursuant to clause (1) is related with the \nalteration in the borders of any State or matters set forth in Schedule -6, the \nSpeaker or the Chairperson of the concerned House must send that Bill to the \nState Assembly for its consent, within thirty days after its introduction in the \nFederal Parliament . \n(5) The concerned State Assembly must , by a majority of the total \nnumber o f its the then members, accept or reject the Bill presented for its \nconsent pursuant to clause (4 ) and give information thereof to the Federal \nParliament within three months. \nProvided that if any State Assembly is not in existence , such Bill must \nbe either accepted or rejected within three months after the date of holding of \nthe first meeting following the formation of that State Assembly. \n(6) In the event of failure to give information of a cceptance or \nrejection of such Bill within the period set forth in clause (5), nothing shall \n195 \n prevent the House of the Federal Parliament in which the Bill was originated \nfrom proceeding with the Bill. \n(7) If the State Assembly, by its majority, gives a notice of rejection \nof such Bill to the concerned House of the Federal Parliament within the period \nunder clause (5), the Bill shall be inoperative. \n(8) A Bill which does not require th e consent of the State Assembly \nor a Bill accepted by a majority of the State Assembly under clause (5) must be \npassed by at least two-thirds majority of the total number of the then members \nof both House s of the Federal Parliament . \n(9) A Bill passed under clause (8) shall be presented to the President \nfor assent. \n(10) The President shall give assent to a Bill presented under clause \n(5), within fifteen days from the date of its receipt, and the Constitution shall \nget amended from the date of assent. \n \n196 \n Part-32 \nMiscellaneous \n275. Provisions relating to referendum : (1) If a decision is made by a two -thirds \nmajority of the total number of the then members of the Federal Parliament \nthat it is necessary to hold a referendum with respect to any matter of national \nimportance, decision on that matter may be taken by way of referendum. \n(2) Matters relating to referendum and other relevant matters shall be \nas provided for in the Federal l aw. \n276. Pardons : The President may, in accordance with law, grant pardons, suspend, \ncommute or re mit any sentence passed by any C ourt, judicial or quasi -judicial \nbody or administrative authority or body. \n277. Titles, hono urs and decorations : (1) The President shall confer titles, hono urs \nand decorations to be conferred on behalf of the State. \n (2) No citizen of Nepal may, without the approval of the \nGovernment of Nepal, accept any title, hono ur or decoration from any foreign \ngovernment. \n 278. Power to make treaties : (1) The Federation shall have the power to make \ntreaties or agreements. \n (2) In making a treaty or agreement on a matter falling within the list \nof State power , the Government of Nepal must consult the concerned State. \n (3) A State Council of Ministers may, with the consent of the \nGovernment of Nepal, make contractual agreements on financial and industrial \nmatters. \n279. Ratification of, accession to , acceptance of, or approval of, treaties or \nagreements : (1) The ratification of, accession to, acceptance of, or approval of, \ntreaties or agreements to which Nepal or the Government of Nepal is to become \na party shall be as provided for in the Federal l aw. \n197 \n (2) Any law to be made pursuant to clause (1) shall, inter alia , \nrequire that the ratification of, accession to, acceptance of, or approval of, \ntreaties or agreements on the following subjects must be made by a majority of \ntwo-third s of the total number of the then members of both Houses of the \nFederal Parliament: \n(a) peace and friendship, \n(b) defenc e and strategic alliance, \n(c) boundaries of the State of Nepal, and \n(d) natural resources, and the distribution of their uses. \nProvided that , out of the treaties or agreements under sub-clauses (a) \nand (d), if any treaty or agreement is of an ordinary nature, which does not \naffect the nation extensively, seriously or in the long term, the ratification of, \naccession to, acceptance of, or approva l of, such treaty or agreement may be \nmade by a simple majority of the members present in a meeting of the House \nof Representatives . \n(3) After the commencement of this Constitution, unless a treaty or \nagreement is ratified, acceded to, accepted or approved in accordance with this \nArticle, such t reaty or agreement shall not apply to the Government of Nepal or \nNepal. \n(4) Notwithstanding anything contained in clauses (1) and (2), no \ntreaty or agreement may be concluded in detrimental to the territ orial integri ty \nof Nepal. \n280. Special provision relating to discharge of functions of President : If the offices \nof both the President and the Vice -President fall vacant in accordance with this \nConstitution, the Speaker of the House of Representatives shall discharge t he \nfunctions required to be performed by the President under this Constitution \n198 \n until election to the President or Vice -President is held and he or she assumes \noffice. \n281. Appraisal and review of special rights : The Government of Nepal shall make \nappraisal and review of the implementation of special rights of the women and \nDalit community and impacts thereof, on the basis of human development \nindex, concurrently with a national census to be held in every ten years. \n282. Ambassadors and special emissaries : (1) The President may, on the basis of the \nprinciple of inclusion, appoint Nepalese ambassadors, and special emissaries \nfor any specific purposes. \n (2) The President shall receive letters of credentials from foreign \nambassadors and diplomatic representat ives. \n283. Appointments to be made in accordance with inclusive principle : Appointments \nto office s of Constitutional Organs and B odies shall be made in accordance \nwith the inclusive principle. \n284. Provisions relating to Constitutional Council : (1) There s hall be a \nConstitutional Council for making recommendations for appointment of the \nChief Justice and Chiefs and officials of the Constitutional Bodies in \naccordance with this Constitution, which shall consist of the fo llowing as the \nChairperson and m embers : \n (a) The Prime Minister -Chairperson \n (b) The Chief Justice -Member \n (c) The Speaker of the House of Representatives -Member \n (d) The Chairperson of the National Assembly -Member \n (e) Leader of Opposition Party in the House of Representatives \n -Member \n (f) Deputy Speaker of the House of Representatives -Member \n199 \n (2) While making a recommendation for appointment to the office of \nthe Chief Justice, the Constitutional Council shall include the Minister for Law \nand Justice of the Government of Nepal, as its m ember. \n(3) The Constitutional Council must make a recommendation for \nappointment under this Constitution before one month of the vacation of the \noffice of the Chief Justice or a c hief or official of a Constitutional Body. \nProvided that if such office falls vacant because of death or resignation , \nit may so make recommendation for appointment that the office is fulfilled \nwithin one month after the date of vacancy. \n(4) Other functions, duties and powers of the Constitutional C ouncil \nand rules of procedures on the appointment of the Chief Justice or chiefs or \nofficials of Constitutional Bodies shall be as provided for in the Federal l aw. \n(5) The Chief Secretary of the Government of Nepal shall act as the \nsecretary of the Constit utional Council. \n285. Constitution of government service : (1) The Government of Nepal may, in \norder to run the administration of the country, constitute the Federal civil \nservice and such other Federal government s ervices as may be required. The \nconstitution, operation and conditions of service of such services shall be as \nprovided for in the Federal Act. \n (2) Positions in the Federal civil service as well as all Federal \ngovernment services shall be filled through competitive examinations, on the \nbasis of open and proportional inclusive principle. \n (3) The State Council of Ministers, Villa ge Executives and \nMunicipal Executives may by law constitute and operate various government \nservices as required for the opera tion of their administration. \n286. Election Constituency Delimitation Commission : (1) The Government of \nNepal may constitute an Election Constituency Delimitation Commission, to \n200 \n determine election constituencies for the purpose of election to the members of \nthe Federal Parliament and members of the State Assemblies in accordance \nwith this Constitution , which shall consist of the following as the Chairperson \nand members: \n(a) Retired Judge of the Supreme Court -Chairperson \n(b) One Ge ographer -Member \n(c) One sociologist or demographer -Member \n(d) One administration expert or jurist -Member \n(e) Gazetted spec ial class officer of the \nGovernment of Nepal -Member -\nsecretary \n(2) The term of office of the Election Constituency Delimitation \nCommission shall be as prescribed at the time of its constitution . \n(3) A person shall be qualified to be appointed as the C hairperson or \na member of the Election Constitue ncy Delimitation Commission if he or she \npossesses the following qualification: \n(a) holding at least bachelor’s degree in related subject from a \nrecognized university , \n(b) having attained the a ge of forty -five years, and \n(c) having high moral character. \n(4) The office of the C hairperson or a member of the Election \nConstituency Delimitation Commission shall be vacant in any of the following \ncircumstances: \n201 \n (a) if he or she tenders resignation in writing , \n(b) if he or she is removed by the Government of Nepa l, Council of \nMinisters , \n(c) if he or she dies. \n(5) While determining election constituencies pursuant to this \nArticle, the Election Constituency Delimitation Commission shall so determine \nthe constituencies, having regard to population and geography as the basis of \nrepresentation, and as to ensure that the ratio between the geography, \npopulation and number of members of such election constituencies is equal, so \nfar as practicable . \n(6) While delimitating election cons tituencies pursuant to clause (5 ), \nregard must be had to, inter alia , the density of population, geographical \nspecificity, administrative and transportation convenience, community and \ncultural aspects of the constituencies. \n(7) No question may be raised in any c ourt on any matter of the \ndetermination , or review, of election constituencies made by the Election \nConstituency Delimitation Commission . \n(8) The Election Constituency Delimitation Commission shall \nsubmit a report on the works it has performed to the Government of Nepal . \n(9) The Gover nment of Nepal, Council of Ministers, shall lay the \nreport received pursuant to clause (8 ) before the Federal Parliament and send it \nto the Election Commission for implementation. \n(10) The Election Constituency Delimitation Commission shall \ndetermine its r ules of procedures itself. \n202 \n (11) The remuneration and facilities of the C hairperson and the \nmembers of the Election Constituency Delimitation Commission shall be \nsimilar to those of the Chief Election Commissioner and the Election \nCommissioners of the Elec tion Commission , respectively. \n(12) The election constituencies delimited in accordance with clause \n(5) must be reviewed in every twenty years. \n(13) The Government of Nepal shall provide such employees as may \nbe required for the Election Constituency Delimitation Commission. \n287. Language Commission : (1) The Government of Nepal shall, no later than one \nyear of the commencement of this Constitution, constitute a Language \nCommission comprising representation of States. \n (2) The Language Commission shall consist of one Chairperson and \na required number of members. \n (3) The term of office of the Chairperson and members of the \nLanguage Commission shall be six years from the date of their appointment . \nThey may not be reappointed. \n(4) A person shall be quali fied to be appointed as the Chairperson or \na member of the Language Commission if he or she possesses the following \nqualification: \n(a) holding master’s degree in related subjec t from a recognized \nuniversity, \n(b) having gained at least twenty years of exper ience in the fields of \nstudy, teaching and research on various languages of Nepal, \n(c) having completed the age of forty -five years, and \n203 \n (d) having high moral character. \n(5) The office of the Chairperson or a member of the Language \nCommission shall be vacant in any of the following circumstances: \n(a) if he or she tenders resignation in writing, \n(b) if he or she is removed by the Government of Nepal , Council of \nMinisters , \n(c) if he completes the age of sixty five years, \n(d) if he o r she dies. \n (6) The functions, duties and powers of the Language Commission \nshall be as follows: \n(a) to determine the criteria to be fulfilled for the recognition of the \nofficial language and make recommendations on languages to the \nGovernment of Nepal, \n(b) to make recommendations to the Government of Nepal, on the \nmeasures to be adopted for the protection, promotion and \ndevelopment of languages, \n(c) to measure the levels of development of mother tongues and \nmake suggestions to the Government of Nepal, o n the \npotentiality of their use in education, \n(d) to study, research and monitor languages. \n(7) The Language Commission shall complete its task under sub -\nclause (a) of clause (6) no later than five years after the date of its constitution. \n204 \n (8) The Governme nt of Nepal may, in coordination with a State \nGovernment, establ ish a branch of the Language C ommission in that State. \n(9) The other functions, duties, powers and rules of procedures of the \nLanguage Commission shall be as provided for in the Federal l aw. \n288. Capital : (1) The capital of Nepal shall be situated in Kathmandu. \n(2) The capital of a State under this Constitution shall be as decided \nby a two -thirds majority of the number of the then members of the concerned \nState Assembly. \n(3) The business of a S tate shall be conducted through the place as \nspecified by the Government of Nepal until decision is made in accordance \nwith clause (2). \n289. Special provision relating to citizenship of officials : (1) In order for a person to \nbe elected , nominated or appointed to the office of President , Vice -President , \nPrime Minister, Chief Justice, Speaker of the House of Representatives, Chief \nof State, Chief Minister, Speaker of a State Assembly and chief of a security \nbody, the person must have obtained the citiz enship of Nepal by descent . \n (2) A person who has obtained the citizenship of Nepal by descent, a \nperson who has obtained the naturalized citizenship of Nepal or a person who \nhas obtained the citizenship of Nepal by birth shall also be qualified for the \noffice of a constitutional body other than that mentioned in clause (1) . \n Provided that the person must have resided in Nepal for at least ten \nyears in the case of a person who has obtained the naturalized citizenship of \nNepal, and for at least five years in the case of a person who has obtained the \ncitizenship of Nepal by birth or who has obtained the naturalized citizenship of \nNepal in accordance with clause (6) of Article 11. \n205 \n 290. Provisions relating to Guthi (trusts) : (1) The Federal Parliament shall ma ke \nnecessary laws in relation to the rights of the trust and the farmers enjoying \npossessory rights over trust lands in a manner not to be prejudicial to the basic \nnorms of the trusts. \n (2) Other matters relating to trusts shall be as provided by the fede ral \nlaw. \n291. Not to be qualified for appointment : (1) Notwithstanding anything contained \nelsewhere in this Constitution, a citizen of Nepal who has obtained a foreign \npermanent residence permit shall not be qualified for election, nomination or \nappointmen t to an office to be elected, nominated or appointed pursuant to this \nConstitution. \n Provided that nothing shall prevent electing, nominating or appointing a \nperson who has renounced such foreign permanent residence permit to such \noffice after the expiry of a period of at least three months. \n (2) Other matters relating to the citizens of Nepal who have obtained \nforeign permanent residence permits as mentioned in clause (1) shall be as \nprovided for in the Federal law. \n292. Provisions relating to parliament ary hearing s: (1) Parliamentary hearings shall \nbe conducted as to appointments to the offices of the Chief Justice and Judges \nof the Supreme Court, members of the Judicial Council, chiefs and members of \nConstitutional Bodies, who are appointed on the recom mendation of the \nConstitutional Council under this Constitution, and to the offices of \nambas sadors, as provided for in the Federal l aw. \n (2) For the purposes of clause (1), there shall be formed a fifteen -\nmember joint committee consisting of members of bo th Houses of the Federal \nParlia ment, in accordance with the Federal l aw. \n206 \n (3) No member of the joint committee under clause (2) shall practice \nlaw in the Supreme Court during that term of the Federal Parliament. \n293. Monitoring of functioning of Constitutional Bodies : The chiefs and officials of \nthe Constitutional Bodies must be accountable and responsible to the Federal \nParliament. The committees of the House of Representatives may monitor and \nevaluate the functioning, including reports, of the C onstitutional Bodies, other \nthan the National Human Rights Commission, and give necessary direction or \nadvice. \n294. Annual reports of Constitutional Bodies : (1) Every Constitut ional Body under \nthis Constitution shall submit an annual report of its function ing to the \nPresident, and the President shall cause that report to be laid through the Prime \nMinister before the Federal Parliament. \n (2) The matters to be set out in the annual report under claus e (1) \nshall be as provided for in the Federal l aw. \n (3) Notwithstanding anything contained in clause (1), a \nConstitutional Body may prepare a separate report in relation to the \nfunctioning of each State and submit it to the Chief of State. \n \n207 \n Part-33 \nTransitional Provisio ns \n295. Constitution of Federal Commission : (1) The Government of Nepal may \nconstitute a Federal Commission for making suggestions on matters relating to \nthe boundaries of States. \n (2) The name s of the State s under clause (3) of Article 56 shall be set \nby a two thirds majority of the total number of member s of the concerned State \nAssemblies . \n (3) The Government of Nepal shall constitute a commission for the \ndetermination of the n umber and boundaries of Village Bodies , Municipalities \nand Special, Protected or Autonomous Regions to be formed under c lauses (4) \nand (5) of Article 56. T he commission must determine the number and \nboundaries of the Village Bodie s, Municipalities and Special, Protected or \nAutonomous Regions in accordance with the criteria set by the Government of \nNepal. \n (4) The commissio n under clause (3) shall be constituted no later \nthan six months of the date of commencement of this Constitution. Its term \nshall be one year. \n296. Constituent Assembly to be converted into Legislature -Parliament : (1) The \nConstituent Assembly existing at the time of commencement of this \nConstitution shall ipso facto be converted into the Legislature -Parliament after \nthe commencement of this Constitution, and the term of such Legislature -\nParliament shall exist until 7 Magha 2074. \n Provided that if an election is held to the House of Representatives set \nforth in this Constitution prior to the expiration of that term, the Legislature -\nParliament shall continue to exist until the day before the day specified for the \nfiling of nominations of candidates for that election. \n208 \n (2) The Bills under consideration of the Legislature -Parliament at the \ntime of commencement of this Constitution shall ipso facto be transferred to \nthe Legislature -Parliament set forth in clause (1). \n (3) The Legislature -Parliament set forth in clause (1) shall perform \nthe business required to be performed by the Federal Parliament in accordance \nwith this Constitution until election to the House of Representatives is held \npursuant to this Constitution. \n (4) The legislative power of the State Assembly with respect of \nmatters set forth in Schedule -6 shall, upon the commencement of this \nConstitution, be vested in the Legislature -Parliament set forth in clause (1) \nuntil the State Assembly is formed. Any law so made shall be inoperative in \nrelation to that State after one year of the date of formation of the State \nAssembly set forth in this Constitution. \n (5) The Legislature -Parliament Secretariat , its Secretary General, \nSecretary and employees existing at t he time of commencement of this \nConstitution shall, subject to the conditions of service in force at the time of \ntheir appointment, exist in the Federal Parliament Secretariat set forth in this \nConstitution. \n (6) Where the Legislature -Parliament is in rec ess at the time of \ncommencement of this Constitution, the President shall summon its session no \nlater than seven days after the date of commencement of this Constitution. The \nPresident shall thereafter summon a session of the Legislature -Parliament from \ntime to tim e. \n297. Provisions relating to the President and the Vice -President : (1) The President \nand the Vice -President existing at the time of commencement of this \nConstitution shall continue to hold their respective offices until other President \nand Vice -President are elected in accordance with this Article. \n209 \n (2) The Legislature -Parliament set forth in clause (1) of Article 296 \nshall, on the basis of political understanding, elect the President and the Vice -\nPresident, no later than one month after th e date of the commencement of this \nConstitution where the Legislature -Parliament is not in recess at the time of \ncommencement of this Constitution and after the date on which the session is \nsummoned in accordan ce with clause (6) of Article 29 6 where the Le gislature -\nParliament is in recess. \n (3) In the event of failure to have an understanding under clause (2), \nthe President and the Vice -President must be elected by a majority of all the \nthen members of the Legislature -Parliament. \n (4) If the office of the President or Vice -President elected in \naccordance with clause (2) or (3) falls vacant for any reason, the President or \nVice -President shall be elected by the Legislature -Parliament in accordance \nwith this Article until the Federal Parliament is formed. \n (5) The term of office of the President or Vice -President elected in \naccordance with this Article shall continue to exist until another President or \nVice -President elected by an electoral college set forth in Article 62 assumes \noffice. \n (6) The office of the President or Vice -President elected in \naccordance with this Article shall become vacant in any of the following \ncircumstances: \n(a) if the President tenders r esignation in writing to the Vice -\nPresident and the Vice -President, before the President , \n(b) if a motion of impeachment against him or her is passed in \naccordance with clause (7) , \n(c) if another President or Vice -President elected by an electoral \ncollege set forth in Article 62 assumes office, \n210 \n (d) if he or she dies. \n(7) At least one fourth of the total number of the then members of \nthe Legislature -Parliament set forth in clause (1) of Article 296 may move a \nmotion of impeachment against the President or Vice -President elected in \naccordance with this Article on the ground of serious violation of th is \nConstitution and law. If the motion is passed by at least two thirds majority of \nthe total number of the then members of the Legislature -Parliament, he or she \nshall relive of his or her office \n298. Provisions relating to formation of Council of Minister s: (1) The Council of \nMinisters existing at the time of commencement of this Constitution shall \ncontinue to exist until the Council of Ministers set forth in clause (2) is formed. \n (2) The Prime Minister shall, on the basis of political understanding, \nbe elected no later than seven days after the date of the commencement of this \nConstitution where the Legislature -Parliament is not in recess at the time of \ncommencement of this Constitution, and after the date on which the session of \nthe Legislature -Parliam ent summoned in accordance with clause (6) of Article \n286 commences where the Legi slature -Parliament is in recess, and a Council of \nMinisters shall be formed under his or her chairpersonship. \n (3) In the event of failure to have an understanding under cl ause (2), \nthe Prime Minister shall be elected by a majority of all the then members of the \nLegislature -Parliament. \n (4) The composition and allocation of portfolios of the Council of \nMinisters to be formed in accordance with this Article shall be made thr ough \nmutual understanding. \n (5) The Council of Ministers to be formed in accordance with this \nArticle shall consist of a Deputy Prime Minister and other Ministers, as \nrequired. \n211 \n (6) The Prime Minister appointed in accordance with this Article \nshall, in appointing Ministers in accordance with clause (5), appoint Ministers \nfrom amongst the members of the Legislature -Parliament, on the \nrecommendation of the concerned party. \n (7) The Prime Minister and other Ministers appointed in accordance \nwith this Artic le shall be collectively responsible to the Legislature -Parliament, \nand the Ministers shall be individually responsible to the Prime Minister and \nthe Legislature - Parliament for the work of their respective Ministries. \n (8) The office of the Prime Ministe r appointed in accordance with \nthis Article shall be vacant in any of the following circumstances: \n(a) if he or she tenders resignation in writing to the President, \n(b) if a vote of no -confidence is passed against him or her or a vote \nof confidence is not passed in accordance with clause (14), \n(c) if he or she ceases to be a member of the Legislature -Parliament, \n(d) if he or she dies. \n (9) The office of the Deputy Prime Minister, Minister, Minister of \nState and Assistance Minister appointed in accordance with this Article shall \nbe vacant in any of the following circumstances: \n(a) if he or she tenders resignation in writing to the Prime Minister, \n(b) if the Prime Minister is removed from office in accordance with \nclause (8), \n(c) if he or she is removed from office by the Prime Minister on the \nrecommendation or advice of the concerned party , \n(d) if he or she dies. \n212 \n (10) Even though the office of the Prime Minister falls vacant under \nclause (8), the same Council of Ministers shall con tinue to act until another \nCouncil of Ministers is constituted. \n(11) If the Prime Minister appointed in accordance with this Article \ndies, the Deputy Prime Minister or senior -most Minister shall act a s the Prime \nMinister until another Prime Minister is app ointed. \n (12) The Prime Minister appointed in accordance with this Article \nmay, whenever he or she considers necessary or appropriate to show/clarify \nthat he or she has confidence from the Legislature -Parliament , table a \nresolution to that effect in the Legislature -Parliament for the vote of \nconfidence . \n(13) At least o ne-fourth of the total number of the then members of \nthe Legislature -Parliament may table in writing a motion of no -confidence \nagainst the Prime Minister appointed in accordance with this Article . \nProvided that a motion of no confidence shall not be tabled more than \nonce in six moths' period against the same Prime Minister appointed in \naccordance with this Article. \n(14) A motion tabled under clauses (1 2) and (13 ) shall be decided by \na majo rity of the total number of the then members of the Legislature \nParliament. \n(15) The Government of Nepal shall , after the commencement of this \nConstitution, exercise the powers of a State until the Council of Ministers of \nthe State set forth in this Const itution is formed. \n299. Provisions relating to Speaker and Deputy Speaker : (1) The Speaker and \nDeputy Speaker existing at the time of commencement of this Constitution \nshall continue to hold their respective offices until another Speaker and Deputy \nSpeaker is elected pursuant to this Constitution. \n213 \n (2) The m embers of the Legislature -Parliament shall, on the basis of \npolitical understanding, elect one Speaker and one Deputy Speaker from \nthemselves no later than twenty days after the date of the commencement of \nthis Constitution where the Legislature -Parliament is not in recess at the time \nof commencement of this Constitution, and after the date on which the session \nof the Legislature -Parliament is summoned in accordan ce with clause (6) of \nArticle 29 6 where t he Legislature -Parliament is in recess. \n (3) In the event of failure to have an understanding under clause (2), \na member of the Legislature -Parliament who commands a majority of all the \nthen members of the Legislature -Parliament shall be deemed to be elected as \nthe Speaker or Deputy Speaker. \n (4) In holding electing in accordance with clause (2) or (3), the \nSpeaker and the Deputy Speaker shall be members representing different \npolitical parties in the Legislature -Parliament. \n (5) In discharging his or her functions in accordance with this \nConstitution, the Speaker or Deputy Speaker shall so discharge functions in the \ncapacity of a neutral person without standing for or against any political party \nwhatsoever. \n (6) The office of the Speaker or Deputy Speaker shall become vacant \nin any of the following circumstances: \n(a) if he or she resigns in writing, \n(b) if he or she ceases to be a member of the Legislature -Parliament , \n(c) if a resolution is passed by a majority of at least two-thirds of the \ntotal number of the members of the Legislature -Parliament to the \neffect that his or her conduct is not compatible with his or her \noffice, \n(d) if he or she dies. \n214 \n (7) The Deputy Speaker or another member shall preside over a \nmeeting at which deliberations are to be held on a resolution that the conduct \nof the Speaker of the Legislature -Parliament is not co mpatible with his or her \noffice, and t he Speaker may take part and vo te in the deliberations on such \nresolution. \n(8) Other procedures on the election to the Speaker and Deputy \nSpeaker and procedures on th e moving and passage of a motion that the \nSpeaker or Deputy Speaker has committed conduct not compatible with his or \nher office shall be as provided by the then prevailing rules of the Legislature -\nParliament. \n300. Provisions relating to Judiciary : (1) The Supreme Court, Constituent Assembly \nCourt, Appellate Courts and District Courts existing at the time of \ncommencement of this Constitution shall continue to exist until the structure of \nJudiciary set forth in this Constitution is set up. Nothing in this Constitution \nshall be deemed to bar the settlement by respective Courts of the cases already \nfiled in such Courts prior to the commencement of this Constitution and of the \ncases to be filed after the commencement of this Constitution . \n (2) The Chief Justi ce and Judges of the Supreme Court, Chief Judges \nand Judges of the Appellate Courts and Judges of the Districts Counts shall be \ndeemed to have been appointed under this Constitution. \n (3) The High Courts set forth in Article 139 shall be established no \nlater than one year after the date of commencement of this Constitution . The \nAppellate Courts existing at the time of commencement of this Constitution \nshall be dissolve d after the establishment of such Courts. \n(4) After the establishment of the High Courts in accordance with \nclause (3), the cases sub judice in the Appellate Courts shall be transferred to \nsuch High Courts as specified by the Government of Nepal, in consultation \nwith the Judicial Council, by notification in the Nepal Gazette. \n215 \n (5) After the establishment of the High Courts in accordance with \nclause (3), the Chief Justice shall, on recommendation of the Judicial Council, \npost the Chief Judges and Judges of the Appellate Courts who are holding \noffice at the time of commencement of this Constitu tion to the offices of the \nChief Judges and Judges of the High Courts. \n(6) The Additional Judges of the Appellate Courts who are holding \noffice at the time of commencement of this Constitution may continue to hold \noffice until the term specified at the ti me of their appointment. \n(7) The cases on criminal offences punishable by imprisonment for a \nterm of more than one year and sub judice in any body other than a Court at the \ntime of commencement of this Constitution shall, after the commencement of \nthis Con stitution, be transferred to the concerned District Court. \n301. Provisions r elating to Constitutional Bodies and o fficials thereof : (1) The \nConstitutional Bodies which are existing at the time of commenceme nt of this \nConstitution and provided in this Const itution shall be deemed to have been \nformed under this Constitution , and nothing shall be deemed to bar the \nsettlement of the matters under consideration of such Bodies subject to this \nConstitution. \n (2) The chiefs or officials of the Constitutional Bodi es holding office \nat the time of commencement of this Constitution shall be deemed to have been \nappointed in accordance with this Constitution and shall continue to hold their \nrespective offices subject to the conditions of services at the time of their \nappointments. \n (3) The officials holding office in the Commission for the \nInvestigation of the Abuse of Authority and the Public Service Commission, at \nthe time of commencement of this Constitution, in excess of the number \nspecified in this Constitution, shall continue to hold their respective offices \nsubject to the conditions of services at the time of their appointments. \n216 \n 302. Formation and operation of government services at State and Local levels : (1) \nThe Government of Nepal shall make necessary pro visions for the delivery of \nservices at the State and Local levels. \n (2) The Government of Nepal may, in making provisions under \nclause (1), arrange for the delivery of services by making adjustment of the \nemployees serving in the government services at the time of commencement of \nthis Constitution with the Federal, State and Local levels in accordance with \nlaw. \n303. Provisions r elating to Local Bodies : (1) The Local Bodies existing at the time \nof Commencement of this Constitution shall continue to exist until the \ndetermination of the number and areas of the Local level in accordance with \nthis Constitution. \n (2) Election to the officials of the Local Bodies existing under clause \n(1) shall be held in accordance with law. \n (3) The officials of the Local Bodies elected in accordance with \nclause (2) shall continue to hold office until election to the Local level is held \nin accordance with this Constitution. \n304. Existing l aws to remain in f orce: (1) The Nepal laws in force at the time of \ncommence ment of thi s Constitution shall continue to be in force until such laws \nare repealed or amended. \nProvided that any law which is inconsistent with this Constitution shall \nipso facto be invalid to the extent of such inconsistency, after one year of the \ndate on which the first session of the Federal Parliament set forth in this \nConstitution is held. \n(2) Acts relating to peace process under the Interim Constitution of \nNepal, 2007 (2063) shall be deemed to have been done under this Constitution. \n217 \n 305. Power to remove d ifficulties : If any difficulty arises in connection with the \nimplementation of this Constitution until the commencement of the first \nsession of the Federal Parliament, upon b eing elected in accordance with this \nConstitution , the President may, on the recommendation of the Government of \nNepal, Council of Ministers, issue necessary orders to remove such difficulty; \nand such orders must be submitted to the Legislature -Parliament or Federal \nParliament, held immediately after the issue such orders , for approval . \n \n218 \n Part-34 \nDefinitions and Interpretations \n306. Definitions and i nterpretations : (1) Unless the subject or the context otherwise \nrequires, in this Constitution, - \n(a) \"minorities\" means ethnic, linguistic and religious groups whose \npopulation is less than the percentage specified by the Federal \nlaw, and includes groups that have their distinct ethnic, religious \nor linguistic characteristics, aspirations to protect such features \nand subjected to discrimination and oppression, \n (b) \"law\" means a Federal law, State law and Local law, \n(c) \"Article\" means an a rticle of this Constitution, \n(d) \"Municipality\" means and includ es a Municipal Corporation and \nSub-municipal Corporation. \n(e) \"citizen\" means a citizen of Nepal, \n(f) \"State\" means the area and form of a federal unit of Nepal \ndivided into the F ederal units in accordance with this \nConstitution, \n(g) \"remuneration\" means and includes salary, allowance, pension \nand an y other form of emolument and facility, \n(h) \"state power\" means the power relating to the Executive, \nLegislative and Judiciary of the state, and includes residual \npower. \n(i) \"Bill\" means a draft of amendment to the Constitution or of an \nAct which has been introduced in the Federal Parliament or a \nState Assembly, \n219 \n (j) \"Federation\" means the federal level that is the apex unit of the \nfederal structure, \n(k) \"Federal Units\" means the Federation, State and Local levels , \n(l) \"Constitutional Bodies\" means the Commi ssion for the \nInvestigation of Abuse of Authority, Auditor General, Public \nService Commission, Election Commission, National Human \nRights Commission, National Natural Resources and Fiscal \nCommission, National Women Commission, National Dalit \nCommission, Na tional Inclusion Commission, Indigenous \nNationalities Commission, Madhesi Commission, Tharu \nCommission and Muslim Commission, \n(m) \"marginalized\" means communit ies that are made politically, \neconomically and socially backward, are unable to enjoy services \nand facilities because of discrimination and oppression and of \ngeographical remoteness or deprived thereof and are in lower \nstatus than the human development standards mentioned in \nFederal law , and includes highly marginalized groups and groups \non the verge of extinction, \n(n) \"Local level\" mean s the Village Bodies , Municipalities and \nDistrict Assemblies to be established in accordance with this \nConstitution. \n(2) Unless t he subject or the context otherwise requires, the legal \nprovisions relating to interpretation of laws shall, subject to the provisions of \nthis Constitution, apply to the interpretation of this Constitu tion in the same \nmanner as that provisions apply to the interpretation of the Nepal laws. \n \n220 \n Part-35 \nShort Title, Commencement and Repeal \n307. Short title and c ommencement : (1) This Constitution may be cited as the \n\"Constitution of Nepal \". \n(2) This Constitution shall commence on 20 September 2015 ( 3rd \nday of the month of Ashwin of the year 207 2 Bikram Sambat ). \n308. Repeal : The Interim Constitution of Nepal, 2007 (2063 ) is hereby repealed. \n221 \n Schedule -1 \n(Relating to clause (2) of Article 8) \nNational Flag of Nepal \n \n \nThe method of ma king the National Flag of Nepal \n(a) Method of making the shape inside the border \n(1) On the lower portion of a crimson cloth draw a line AB of the required \nlength from left to right. \n(2) From A draw a line AC perpendicular to AB making AC equal to AB \nplus one third AB. From AC mark off D making line AD equal to line \nAB. Join B and D. \n(3) From BD mark off E making BE equal to AB. \n(4) Touching E draw a line FG, starting from the point F on line AC, parallel \nto AB to the right hand -side. Mark off FG equal to A B. \n(5) Join C and G. \n \n222 \n (b) Method of making the moon \n(6) From AB mark off AH making AH equal to one -fourth of line AB and \nstarting from H draw a line HI parallel to line AC touching line CG at \npoint I. \n(7) Bisect CF at J and draw a line JK parallel to AB touching CG at point K. \n(8) Let L be the point where lines JK and HI cut one another. \n(9) Join J and G. \n(10) Let M be the point where line JG and HI cut one another. \n(11) With centre M and with a distance shortest from M to BD mark off N on \nthe lower porti on of line HI. \n(12) Touching M and starting from O, a point on AC, draw a line from left to \nright parallel to AB. \n(13) With centre L and radius LN draw a semi -circle on the lower portion and \nlet P and Q be the points where it touches the line OM respective ly. \n(14) With centre M and radius MQ draw a semi -circle on the lower portion \ntouching P and Q. \n(15) With centre N and radius NM draw an arc touching PNQ at R and S. Join \nRS. Let T be the point where RS and HI cut one another. \n(16) With centre T and radius TS draw a semi -circle on the upper portion of \nPNQ touching it at two points. \n(17) With centre T and radius TM draw an arc on the upper portion of PNQ \ntouching at two points. \n(18) Eight equal and similar triangles of the moon are to be made in the space \nlying inside the semi -circle of No. (16) and outside the arc of No. (17) of \nthis Schedule. \n223 \n (c) Method of making the sun \n(19) Bisect line AF at U, and draw a line UV parallel to AB line touching line \nBE at V. \n(20) With centre W, the point where HI and UV cut one another and radius \nMN draw a circle. \n(21) With centre W and radius LN draw a circle. \n(22) Twelve equal and similar triangles of the sun are to be made in the space \nenclosed by the circles of No. (20) and of No. (21) with the two apexes \nof two triangles touching line HI. \n(d) Method of making the border \n(23) The width of the border will be equal to the width TN. This will be of \ndeep blue colour and will be provided on all the side of the flag. \nHowever, on the five angles of the flag the external angles wi ll be equal \nto the internal angles. \n(24) The above mentioned border will be provided if the flag is to be used \nwith a rope. On the other hand, if it is to be hoisted on a pole, the hole on \nthe border on the side AC can be extended according to requirements . \nExplanation : The lines HI, RS, FE, ED, JG, OQ, JK and UV are imaginary. \nSimilarly, the external and internal circles of the sun and the other arcs except \nthe crescent moon are also imaginary. These are not shown on the flag. \nNote bene : The size of the National Flag of Nepal shall be as determined by the \nGovernment of Nepal. \n224 \n Schedule -2 \n(Relating to clause (1) of Article 9) \nNational Anthem of Nepal \n \nSayaun Thunga Phool K a Hami Eutai Mala Nepali \nSarvavha um V ai Failiyeka Mechi M ahakali \nPrakitika Koti Koti Sampad a Ko A anchala \nBir Haruka Ragata Le Swatantra Ra A tala \nGyana Bhumi Shanti Bhumi Terai Pahad H imala \nAkhanda Yo Pyaro Hamro Matri Bhumi Nepal \nBahul Jati Bhasa Dharma Sanskriti Chan B ishala \nAgragami Rastra Hamro Jaya Jaya Nepal. \n225 \n Schedule -3 \n(Relating to clause (2) of Article 9) \nCoat of Arms of Nepal \n \n \n \n \n \nNote bene: This Coat of Arms may be made in larger or smaller size as per \nnecessity. The colo ur determined by the Government of Nepal \nshall be used on it . \n \n \n226 \n Schedule -4 \n(Relating to clause (3) of Article 56) \nStates , and Districts to be included in the concerned States \n \nState No. 1 State No. 2 \n1. Taplejung \n2. Panchthar \n3. Ilam \n4. Sankhuwasabha \n5. Tehrathum \n6. Dhankuta \n7. Bhojpur \n8. Khotang \n9. Solukhumbu \n10. Okhaldhunga \n11. Udayapur \n12. Jhapa \n13. Morang \n14. Sunsari 1. Saptari \n2. Siraha \n3. Dhanusa \n4. Mahottari \n5. Sarlahi \n6. Rautahat \n7. Bara \n8. Parsa \n \n \n227 \n State No. 3 State No. 4 \n1. Dolakha \n2. Ramechhap \n3. Sindhuli \n4. Kavrepalanchok \n5. Sindhupalchok \n6. Rasuwa \n7.Nuwakot \n8. Dhading \n9. Chitwan \n10. Makawanpur \n11. Bhaktapur \n12. Lalitpur \n13. Kathmandu 1. Gorkha \n2. Lamjung \n3. Tanahun \n4. Kaski \n5. Manang \n6. Mustang \n7. Parbat \n8. Syangja \n9. Myagdi \n10. Baglung \n11.Nawalparasi (East of \nBardaghat Susta) \n \n228 \n State No. 5 State No. 6 State No. 7 \n1. Nawalparasi (West \nof Bardaghat Susta \n2. Rupandehi \n3. Kapilbastu \n4. Palpa \n5. Arghakhanchi \n6. Gulmi \n7.Rukun (Eastern Part) \n8. Rolpa \n9. Pyuthan \n10. Daang \n11. B anke \n12. Bardiya 1.Rukum (Western \nPart) \n2. Salyan \n3. Dolpa \n4. Jumla \n5. Mugu \n6. Humla \n7. Kalikot \n8. Jajarkot \n9. Dailekh \n10. Surkhet 1.Bajura \n2.Bajhang \n3. Doti \n4. Achham \n5. Darchula \n6. Baitadi \n7. Dadeldhura \n8. Kanchanpur \n9. Kailali \n \n \n229 \n Schedule -5 \n (Relating to clause (1) of Article 57, and Article 109 ) \nList of Federal Power \nSN Matters \n1. Relating to defence and military \n(a) Protection of national unity and territorial integrity \n(b) Relating to national security \n2. War and defence \n3. Arms and ammunitions factories and production thereof \n4. Central Police, Armed Police Force, national intelligence and \ninvestigation, peace , security \n5. Central planning, central bank, fina nce policies, monetary and banking, \nmonetary policies, foreign grants, aid and loans \n6. Foreign and diplomatic affairs, international relations and United Nations \nrelated matters \n7. International tr eaties or agreements, extradition, mutual legal assistance \nand international borders , international boundary rivers \n8. Telecommunications , allocation of radio frequency, radio, television and \npostal matters \n9. Customs, excise -duty, value -added tax, corporate income tax, individual \nincome tax, remuneration tax, passport fee, visa fee, tourism fee, service \ncharge and fee, penalty \n230 \n 10. Federal civil service, judicial service and other government services \n11. Polic ies relating to conservation and multiple uses of water resources \n12. Inland and inter -State electricity transmission lines \n13. Central statistics (national and international standards and quality) \n14. Central level large electricity, irrigation and other projects \n15. Central universities, central level academies, universities standards and \nregulation, central libraries \n16. Health policies, health services, health standards, quality and monitoring, \nnational or specialised service providing hospital s, traditional treatment \nservices and communicable disease control \n17. Federal Parliament, Federal Executive, Local Level related affairs, special \nstructure \n18. International trade, exchange, port, quarantine \n19. Civil aviation, international airports \n20. National transportation policies, management of railways and national \nhighways \n21. Laws relating to the Supreme Court, High Courts, District Courts and \nadministration of justice \n22. Citizenship, passport, visa, immigration \n23. Atomic energy, air sp ace and astronomy \n24. Intellectual property (including patents, designs, trademarks and \n231 \n copyrights) \n25. Measurement \n26. Mines excavation \n27. National and international environment management, national parks, \nwildlife reserves and wetlands, national forest policies, carbon services \n28. Insurance policies, securities, cooperatives regulation \n29. Land use policies, human settlement development policies, tourism \npolicies, environment adaptation \n30. Criminal and civil laws making \n31. Security printing \n32. Social security and poverty alleviation \n33. Constitutional Bodies, commission s of national importance \n34. Sites of archaeological importance and ancient monuments \n35. Any matter not enumerated in the Lists of Federal Powers, State Powers \nand Local Level Powers or in the Concurrent List and any matter not \nspecified in this Constitution and in the Federal laws \n \n \n232 \n Schedule -6 \n(Relating to clause (2) of Article 57, clause (4) of Article 162, \nArticle 197, clause (3) of Article 231, clause (7) of Article 232, clause \n(4) of Article 274 and clause (4) of Article 296 ) \nList of State Power \nSN Matters \n1. State p olice administration and peace and order \n2. Operation of banks and financial institutions in accordance with the \npolicies of Nepal Rastra Bank , cooperative institutions, foreign grants \nand assistance with the consent of the Centre \n3. Operation of Radio, F.M., television \n4. House and land registration fee , motor vehicle tax , entertainment tax, \nadvertisement tax , tourism , agro-income tax, service charge, fee, \npenalty \n5. State civi l service and other government services \n6. State statistics \n7. State level electricity, irrigation and water supply services, navigation \n8. State universities, higher education, libraries , museums \n9. Health services \n10. Matters relating to the State Assembly, State Council of Ministers \n11. Intra-State trade \n12. State highways \n233 \n 13. State bureau of in vestigation \n14. Physical management and other necessary matters of State \ngovernmental offices \n15. State Public Service Commission \n16. Management of lands, land records \n17. Exploration and management of mines \n18. Protection and use of languages, scripts , cultures, fine arts and \nreligions \n19. Use of forests and waters and management of environment within the \nState \n20. Agriculture and livestock development, factories, industrialization, \ntrade, business, transportation \n21. Management of trusts ( Guthi ) \n \n234 \n Schedule -7 \n(Relating to clause (3) of Articles 57, Article 109, clause (4) of \nArticle 162, and Article 197 ) \nList of Concurrent Powers of Federation and State \nSN Matters \n1. Civil and criminal procedure, evidence and oaths ( legal recognition, \npublic acts and records, and judicial proceedings) \n2. Supply, distribution, price control, quality and monitoring of essential \ngoods and services \n3. Preventive detention for reasons connected with the security of the \ncountry , prison and detention manage ment , and maintenance of peace \nand order \n4. Transfer of accused persons, detainees and prisoners from one State to \nanother State \n5. Laws relating to family affairs (marriage, transfer of property, divorce, \npersons on the verge of extinction, orphan, adoption, succession and \njoint family) \n6. Acquisition, requisitioning of property and creation of right in property \n7. Contracts, cooperatives, partnership and agency related matters \n8. Matters relating to bankruptcy and insolvency \n9. Drugs and p esticides \n10. Planning, family planning and population management \n235 \n 11. Social security and employment, trade unions, settlement of industrial \ndisputes, and labour rights and disputes related matters \n12. Legal profession, auditing, engineering, medicines, Ayurvedic \nmedicines, veterinary, Amchi and other professions \n13. State boundary river, waterways, environment protection, biological \ndiversity \n14. Matters related to means of communication \n15. Industries and mines and physical infrastructures \n16. Casino, lottery \n17. Early preparedness for, rescue, relief and rehabilitation from, natural \nand man made calamit ies \n18. Tourism, water supply and sanitation \n19. Motion pictures, cinema halls and sports \n20. Insurance business operation and management \n21. Poverty alleviation and industrialization \n22. Scientific research, science and technology and human resources \ndevelopment \n23. Utilization of forests, mountains, forest conservation areas and waters \nstretching in inter -State form \n24. Land policies and laws relating thereto \n25. Employment and unemployment aid \n236 \n \n237 \n Schedule -8 \n(Relating to clause (4) of Article 57, clause (2) of Article 214, \nclause (2) of Article 221 and clause (1) of Article 226 ) \nList of Local Level Power \n \nSN Matters \n1. Town police \n2. Cooperative institutions \n3. Operation of F.M. \n4. Local taxes ( wealth tax, house rent tax, land and building \nregistration fee, motor vehicle tax ), service charge, fee, tourism fee, \nadvertisement tax , business tax, land tax (land revenue), penalty, \nentertainment tax, land revenue collection \n5. Management of the Local services \n6. Collection of local statistics and records \n7. Local level development plans and projects \n8. Basic and secondary education \n9. Basic health and sanitation \n10. Local market m anagement , environment protection and bio -\ndiversity \n11. Local roads, rural roads, agro -roads , irrigation \n238 \n 12. Management of Village Assembly, Municipal Assembly, District \nAssembly, local courts, mediation and arbitration \n13. Local records managem ent \n14. Distribution of house and land ownership certificates \n15. Agriculture and animal husbandry , agro -products management, \nanimal health, cooperatives \n16. Management of senior citizens, persons with disabilities and the \nincapacitated \n17. Collection of statistics of the unemployed \n18. Management, operation and control of agricultural extension \n19. Water supply, small hydropower projects, alternative energy \n20. Disaster management \n21. Protection of watersheds, wildlife, mines and minerals \n22. Protection and development of languages, cultures and fine arts \n \n \n239 \n Schedule -9 \n(Relating to clause (5) of Article 57, Article 109, clause (4) of Article 162, \nArticle 197, clause (2) of Article 214, clause (2) of Article 221, and clause (1) of \nArticle 226) \nList of Concurrent Powers of Federation, State and Local Level \n \nSN Matters \n1. Cooperatives \n2. Education, health and newspapers \n3. Health \n4. Agriculture \n5. Services such as electricity, water supply, irrigation \n6. Service fee, charge, penalty and royalty from natural \nresources, tourism fee \n7. Forests, wildlife, birds, water uses, environment, ecology and \nbio-diversity \n8. Mines and minerals \n9. Disaster management \n10. Social security and poverty alleviation \n11. Personal events, births, deaths, marriages and statistics \n12. Archaeology, ancient monuments and museums \n240 \n 13. Landless squatters management \n14. Royalty from natural resources \n15. Motor vehicle permits"
}
] |