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| THE CONSTITUTION OF NEPAL |
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| Table of Content s |
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| Preamble |
| Part-1 |
| Preliminary |
| Part-2 |
| Citizenship |
| Part-3 |
| Fundamental Rights and Duties |
| Part-4 |
| Directive Principles, Policies and Obligations of the State |
| Part-5 |
| Structure of State and Distribution of State Power |
| Part -6 |
| President and Vice -President |
| Part-7 |
| Federal Executive |
| Part-8 |
| Federal Legislature |
| Part-9 |
| Federal Legislative Procedures |
| Part-10 |
| Federal Financial Procedures |
| Part-11 |
| Judiciary |
| Part-12 |
| Attorney General |
| Part-13 |
| State Executive |
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| Part-14 |
| State Legislature |
| Part- 15 |
| State Legislative Procedures |
| Part-16 |
| State Financial Procedures |
| Part-17 |
| Local Executive |
| Part-18 |
| Local Legislature |
| Part-19 |
| Local Financial Procedures |
| Part-20 |
| Interre lations between Federation, State and Local level |
| Part- 21 |
| Commission for the Investigation of Abuse of Authority |
| Part-22 |
| Auditor General |
| Part -23 |
| Public Service Commission |
| Part-24 |
| Election Commission |
| Part-25 |
| National Human Rights Commission |
| Part -26 |
| National Natural Resources and Fiscal Commission |
| Part -27 |
| Other Commissions |
| Part -28 |
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| Provision Relating National Security |
| Part- 29 |
| Provision relating to Political Parties |
| Part- 30 |
| Emergency Power |
| Part- 31 |
| Amendment to the Constitution |
| Part- 32 |
| Miscellaneous |
| Part- 33 |
| Transitional Provisions |
| Part- 34 |
| Definitions and Interpretation |
| Part- 35 |
| Short Title, Commencement and Repeal |
| Schedule - 1 |
| National Flag of Nepal |
| Schedule -2 |
| National Anthem of Nepal |
| Schedule -3 |
| Coat of Arms of Nepal |
| Schedule -4 |
| States and Districts to be included in the States |
| Schedule - 5 |
| List of Federal Power |
| Schedule - 6 |
| List of State Power |
| Schedule - 7 |
| List of Concurrent Powers of Federation and State |
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| Schedule - 8 |
| List of Local level Power |
| Schedule - 9 |
| List of Concurrent Power of Federation, State and Local level |
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| The Constitution of Nepal |
| Date of Publication in Nepal Gazette |
| 20 September 2015 (2072.6.3) |
| Preamble : |
| We, the Sovere ign People of Nepal, |
| Internalizing the people's sovereign right and right to autonomy and self -rule, while |
| maintaining freedom, sovereignty, territorial integrity, national unity, independence |
| and dignity of Nepal, |
| Recalling the glorious history of historic people's movements, armed conflict, |
| dedication and sacri fice undertaken by the Nepalese people at times for the interest of |
| the nation, democracy and progressive changes , and respecting for the martyrs and |
| disappeared and victim citizens, |
| Ending all forms of discrimination and oppression created by the feudalis tic, |
| autocratic, centralized, unitary system of governance, |
| Protecting and promoting social and cultural solidarity, tolerance and harmony, and |
| unity in diversity by recognizing the multi -ethnic, multi -lingual, multi -religious, |
| multi -cultural and diverse r egional characteristics, resolving to build an egalitarian |
| society founded on the propo rtional inclusive and participato ry principles in order to |
| ensure economic equality, prosperity and social justice , by eliminating discrimination |
| based on class, caste , region, language, religion and gender and all forms of caste - |
| based untouchability , and |
| Being committed to socialism based on democratic norms and values including the |
| people's competitive multiparty democratic system of governance, civil liberties, |
| fundamental rights, human rights, adult franchise, periodic elections, full freedom of |
| the press, and independent, impartial and competent judiciary and concept of the rule |
| of law, and build a prosperous nation, |
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| Do hereby pass and promulgate this Constitution, through the Constituent Assembly, |
| in order to fulfil the aspirations for sustainable peace, good governance, development |
| and prosperity through the federal , democratic , republic an, system of governance. |
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| Part-1 |
| Preliminary |
| 1. Constitution as the fundamen tal law: (1) This Constitution is the fundamental |
| law of Nepal. Any law inconsistent with this Constitution shall, to the extent of |
| such inconsistency, be void. |
| (2) It shall be the duty of every person to observe this Constitution. |
| 2. Sovereignty and state a uthority : The sovereignty and state authority of Nepal |
| shall be vested in the Nepalese people. It shall be exercised in accordance with |
| the provisions set forth in this Constitution. |
| 3. Nation : All th e Nepalese people , with multiethnic, multilingua l, multi -religious, |
| multicultural characteristics and in geographical diversities, and having |
| common aspirations and being united by a bond of allegiance to national |
| independence, territorial integrity, national interest and prosperity of Nepal, |
| collective ly constitute the nation. |
| 4. State of Nepal : (1) Nepal is a n independent, indivisible, sovereign, secular, |
| inclusive, democratic, socialism -oriented, federal democratic republican state. |
| Explanation : For the purposes of this Article, "secular" means religious, |
| cultural freedoms, including protection of religion, culture handed down from |
| the time immemorial . |
| (2) The territory of Nepal shall comprise: |
| (a) the territory existing at the time of commencement of this |
| Constitution, and |
| (b) such other territo ry as may be acquired after the |
| commencement of this Constitution. |
| 5. National interest : (1) Safeguarding of the freedom , sovereignty, territorial |
| integrity, nationality, independence and dignity of Nepal , the rights of the |
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| Nepalese people, border security, ec onomic wellbeing and prosperity shall be |
| the basic elements of the national interest of Nepal. |
| (2) Any conduct and act contrary to the national interest shall be |
| punishable by the Federal law. |
| 6. Languages of the nation : All language s spoken as the mother tongues in Nepal |
| are the languages of the nation. |
| 7. Official language : (1) The Nepali language in the Devnagari script shall be the |
| official language of Nepal. |
| (2) A State may, by a State law, determine one or more than one |
| langu ages of the nation spoken by a majority of people within the State as its |
| official language(s), in addition to the Nepali language. |
| (3) Other matters relating to language shall be as decided by the |
| Government of Nepal, on recommendation of the Language Commission. |
| 8. National f lag: (1) The national flag of Nepal consists of two juxtaposed |
| triangular figures with a crimson -coloured base and deep blue borders, there |
| being a white emblem of the crescent moon with eight rays visible out of |
| sixteen in the upp er part and a white emblem of a twelve rayed sun in the lower |
| part. |
| (2) The method of drawing out the flag and other particulars relating |
| thereto shall be as set forth in Schedule -1. |
| 9. National anthem etc : (1) The national anthem of Nepal shall be as set forth in |
| Schedule -2. |
| (2) The coat -of-arms of Nepal shall be as set forth in Schedule -3. |
| (3) The Rhododendron Arboreum shall be the national flower, |
| Crimson Colo ur shall be the national colo ur, the Cow shall be the national |
| animal and the Lophophor us shall be the national bird of Nepal. |
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| Part-2 |
| Citizenship |
| 10. Not to deprive of citizenship : (1) No citizen of Nepal may be deprived of the |
| right to obtain citizenship. |
| (2) There is a provision of single federal citizenship with State |
| identity in Nepal. |
| 11. To be c itizens of Nepal : (1) The persons who have obtained the citizenship of |
| Nepal at the time of commencement of this Constitution and who are qualified |
| to obtain citizenship in accordance with this Part shall be the citizens of Nepal. |
| (2) The following person who has his or her permanent domicile in |
| Nepal at the time of commencement of this Constitution shall be the citizen of |
| Nepal by descent: |
| (a) a person who has obtained the citizenship of Nepal by descent prior |
| to the commencement of th is Constitution, |
| (b) a person whose father or mother was a citizen of Nepal at his or her |
| birth. |
| (3) A child of a citizen having obtained the citizenship of Nepal by |
| birth prior to the commencement of Nepal shall, upon attaining majority, |
| acquire the citiz enship of Nepal by descent if the child's father and mother both |
| are citizens of Nepal. |
| (4) Every minor who is found within Nepal and the whereabouts of |
| whose father and mother are not known shall, until the father or the mother of |
| the child is traced, be a citizen of Nepal by descent. |
| (5) A person who is born in Nepal from a woman who is a citizen of |
| Nepal and has resided in Nepal and whose father is not traced shall be provided |
| with the citizenship of Nepal by descent. |
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| Provided that his or her father is held to be a foreign citizen, the |
| citizenship of such person shall be converted into naturalized citizenship as |
| provided for in the Federal law. |
| (6) A foreign woman who has a matrimonial relationship with a |
| citizen of Nepal may, if she so wishes, acquire the naturalized citizenship of |
| Nepal as provided for in the Federal law. |
| (7) Notwithstanding anything contained elsewhere in this Article, in |
| the case of a person born from a woman who is a citizen of Nepal and married |
| to a foreign citizen , the person may acquire the naturalized citizenship of Nepal |
| in accordance with the Federal law if h e or she has permanent ly resided in |
| Nepal and has not acquired the citizenship of a foreign country. |
| Provided that if such person's mother and father both are citizen s of |
| Nepal at the time of acquisition of citizenship, such person born in Nepal may |
| acquire the citizenship of Nepal by descent. |
| (8) In the cases other than those mentioned in this Article, the |
| Government of Nepal may, in accordance with the Federal law, grant the |
| naturalized citizenship of Nepal. |
| (9) The Government of Nepal may, in accordance with the Federal |
| law, grant the honorary citizenship of Nepal. |
| (10) Whenever any territory is acquired by way of merger into Nepal, |
| a person having his or her d omicile in such territory shall become a citizen of |
| Nepal, subject to the Federal law. |
| 12. Citizenship with identity of descent and g ender : A person who obtains the |
| citizenship of Nepal by descent in accordance with this Constitution may |
| obtain a certifi cate of citizenship of Nepal with gender identity by the name of |
| his or her mother or father. |
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| 13. Acquisition, reacquisition and termination of citizenship : Other matters |
| relating to the acquisition, reacquisition and termination of citizenship shall be |
| as provided for in the Federal law. |
| 14. Power to grant non-resident Nepalese citizenship : The non-residential |
| citizenship of Nepal may be so granted to a person who has acquired the |
| citizenship of a foreign country, has reside d in a country other than a member |
| state of the South Asian Association for Regional Coope ration, and who or |
| whose father or mother , grandfather or grandmother was prev iously a citizen of |
| Nepal by decent or birth but subsequently acquired the citizenship of the |
| foreign country that such person may enjoy economic, social and cultural |
| rights in accordance with the Federal law . |
| 15. Other provisions relating to citizenship o f Nepal : Other matters relating to the |
| maintenance of records setting out the identity of every citizen of Nepal and |
| the citizenshi p of Nepal shall be as provided for in the Federal law. |
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| Part-3 |
| Fundamental Rights and Duties |
| 16. Right to live with d ignity : (1) Every person shall have the right to live with |
| dignity. |
| (2) No law shall be made providing for the death penalty to any one . |
| 17. Right to f reedom : (1) No person shall be deprived of his or her personal liberty |
| except in accordance with law . |
| (2) Every citizen shall have the following freedoms: |
| (a) freedom of opinion and expression, |
| (b) freedom to asse mble peaceably and without arms, |
| (c) freedom to form political parties, |
| (d) freedom to form unions and associations, |
| (e) freedom to move and reside in any part of Nepal, |
| (f) freedom to practice any profession, carry on any occupation, and |
| establish and operate any industry, trade and business in any part of |
| Nepal . |
| Provided that: |
| (1) Nothing in sub -clause (a) shall be deemed to prevent the making of |
| an Act to impose reasonable restrictions on any act which may |
| undermine the sovereignty, territorial integrity, nationality and |
| independence of Nepal or the harmonious relations between the |
| Federal Units or the people of vari ous castes, tribes, religions or |
| communities or incite caste -based discrimination or untouchability |
| or on any act of disrespect of labour, defamation, contempt of court , |
| incitement to an offence or on any act which may be contrary to |
| public decency or morality. |
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| (2) Nothing in sub -clause ( b) shall be deemed to prevent the making of |
| an Act to impose reasonable restrictions on any act which may |
| undermine the sovereignty, territorial integrity, nationality and |
| independence of Nepal o r the harmonious relations between the |
| Federal Units or public peace and order. |
| (3) Nothing in sub -clause (c) shall be deemed to prevent the making of |
| an Act to impose reasonable restrictions on any act which may |
| undermine the sovereignty, territorial integrity, nationality and |
| independence of Nepal, constitute an espionage against the nation or |
| divulge national secrecy or on any act of rendering assistance to any |
| foreign state, organization or representative in a manner to |
| undermine the security of Nepal or on an act of sedition or on any |
| act which may undermin e the harmonious relations between the |
| Federal Units or on any act of incitement to caste -based or |
| communal hatred or on any act which may undermine the |
| harmonious relations between various castes, tribes, religions and |
| communities, or on any act of acquisition of , or restriction on, |
| membership of any political party on the basis solely of tribe, |
| language, religion, community or sex or on any act of formation of a |
| political party with discrimination between citizens or on incitement |
| to violent acts o r on any act which may be contrary to public |
| morality. |
| (4) Nothing in sub -clause (d ) shall be deem ed to prevent the making of |
| an Act to impose reasonable restrictions on any act which may |
| undermine the sovereignty, territorial integrity, nationality and |
| independence of Nepal, or o n any act which may constitute |
| espionage against the nation or on any act of divulge nce of national |
| secrecy or on any act assisting any foreign state, organization or |
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| representative in a manner to undermine the security of Nepal or on |
| an act of sedition or on any act which may undermine the |
| harmonious relations between the Federal Units or on any act of |
| incitement to caste -based or communal hatred or on any act which |
| may undermine the harmonious relations between various castes, |
| tribes, religions and communities or on incitement to violent acts or |
| on any act which m ay be contrary to public morality. |
| (5) Nothing in sub -clause (e) shall be deemed to prevent the making of |
| an Act to impose reasonable restrictions on any act which may |
| undermine the interest of the general public or which may |
| undermine the harmonious relations between the Federal Units or the |
| harmonious relations between the peoples of various castes, tribes, |
| religions or communities or which may constitute or incite vio lent |
| acts. |
| (6) Nothing in sub -clause (f) shall be deemed to prevent the making of |
| an Act to prev ent any act which may undermine the harmonious |
| relations between the Federal Units or any act which may be |
| contrary to public health, decency or morality of the general public |
| or to confer on the State the exclusive right to undertak e any specific |
| industry, trade or service, or to prescribe any condition or |
| qualification for carrying on any industry, trade, occupation, |
| employment or business. |
| 18. Right to e qualit y: (1) All cit izens shall be equal before law. No person shall be |
| denied the equal protection of law . |
| (2) No discrimination shall be made in the application of general |
| laws on grounds of origin, religion, race , caste, tribe, sex , physical condition, |
| condition of health, marital status, pregnancy, economic condition, language |
| or region, ideology or on similar other grounds . |
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| (3) The Sta te shall not discriminate citizens on grounds of origin, |
| religion, race , caste, tribe, sex, economic condition, langu age, region, ideology |
| or on similar other grounds. |
| Provided that nothing shall be deemed to prevent the making of spe cial |
| provisions by law for the protection, empowerment or development of the |
| citizens including the socially or culturally backward women, Dalit , |
| indigenous people , indigenous nationalities, Madhesi , Tharu , Muslim, |
| oppressed class, Pichhada class, minorities, the marginalized, farmers, labours, |
| youths, children, senior citizens, gender and sexual minorities, persons with |
| disabilities, persons in pregnancy , incapacitated or helpless, backward region |
| and indigent Khas Arya . |
| Explanation : For the purposes of thi s Part and Part 4, " indigent" means a |
| person who earns income less than that specified by the Federal law. |
| (4) No discrimination shall be made on the ground of gender with |
| regard to remuneration and social security for the same work. |
| (5) All offspring shall have the equal right to the ancestral property |
| without discrimination on the ground of gender. |
| 19. Right to c ommunication : (1) No publication and broadcasting or dissemination |
| or printing of any news item, editorial, feature article or other reading, audio |
| and audio -visual material through any means whatsoever including electronic |
| publication, broadcasting and printing shall be ce nsored. |
| Provided that nothing shall be deemed to prevent the making of Acts to |
| impose reasonable restrictions on any act which may undermine the |
| sovereignty, territorial integrity, nationality of Nepal or the harmonious |
| relations between the Federal Units or the harmonious relations between |
| various castes, tribes , religions or communities, or on any act of sedition, |
| defamation or contempt of court or incitement to an offence, or on any act |
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| which may be contrary t o public decency or morality, on any act of h atred to |
| labour and on any act of incitement to caste -based untouchability as well as |
| gender discrimination. |
| (2) No radio, television, on -line or other form of digital or electronic |
| equipment, press or other means of communication publishing , broad casting or |
| printing any news item, feature, edit orial, article, information or other material |
| shall be closed or seized nor shall registration thereof be cancelled nor shall |
| such material be seized by the reason of publication, broadcasting or printing |
| of such material through any audio, audio -visual or electronic equipment. |
| Provided that nothing contained in this clause shall be deemed to prevent |
| the making of an Act to regu late radio, television, online or any other form of |
| digital or electronic equipment, pre ss or other means of communication. |
| (3) No mean s of communication including the press, electronic |
| broadcasting and telephone shall be interrupted except in accordance with law. |
| 20. Rights r elating to justice : (1) No person shall be detained in custody with out |
| informing him or her of the ground for his or her arrest. |
| (2) Any person who is arrested shall have the right to consult a legal |
| practitioner o f his or her choice from the time of such arrest and to be defended |
| by such legal practitioner. Any consultation made by such person with , and |
| advice given by, his or her legal practitioner shall be confidential . |
| Provided this clause shall not apply to a citizen of an enemy state . |
| Explanation : For the purpos e of this clause, "legal practitioner" mean s |
| any person who is authorized by law to represent any person in any court. |
| (3) Any person who is arrested shall be produced before the |
| adjudicating authority within a period of twenty -four hours of such arrest , |
| excluding the time necessary for the journey from the place of arrest to such |
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| authority; and any such person shall not be detained in custody except on the |
| order of such authority. |
| Provided that this clause shall not apply to a person held in preventive |
| detention and to a citizen of an enemy state . |
| (4) No person shall be liable for punishment for an act which was |
| not punishable by the law in force when the act was committed nor shall any |
| person be subjected to a punishment greater than that prescribed by the law in |
| force at the time of the commission of the offence. |
| (5) Every person charged with an offence shall be presumed |
| innocent until proved guilty of the offence. |
| (6) No person shall be tried and punished for the same offence in a |
| court more than once. |
| (7) No person charged with an offence shall be compelled to testify |
| against himself or herself. |
| (8) Every person shall have the right to be informed of any |
| proceedings taken against him or her. |
| (9) Every person shall have the right to a fair trial by an independent , |
| impartial and compe tent court or judicial body . |
| (10) Any indigent party shall have the right to free legal aid in |
| accordance with law. |
| 21. Right of v ictim of crime : (1) A victim of crime shall have the right to get |
| information about the investigation and proceedings of a case in which he or |
| she is the victim . |
| (2) A victim of crime shall have the right to justice including social |
| rehabilitation and compensation in a ccordance with law . |
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| 22. Right against t orture : (1) No person who is arrested or detained shall be |
| subjected to physical or mental torture or to cruel, inhuman or degrading |
| treatment. |
| (2) Any act mentioned in claus e (1) shall be punishable by law , and |
| any person who is the victim of such treatment shall have the right to obtain |
| compensation in accordance with law. |
| 23. Right against preventive d etention : (1) No person shall be held under |
| preventive detention unless there is a sufficient ground of the existence of an |
| immediate threat to the sovereignty, territorial integrity or public peace and |
| order of Nepal. |
| (2) Information about the situation of a person who is held under |
| preventive detenti on pursuant to clause (1) must be given immediately to his or |
| her family members or relatives. |
| Provided that this clause shall not apply to a citizen of an enemy state. |
| (3) If the authori ty making preventive detention holds any person |
| under preventi ve detention contrary to law or in bad faith, the person held |
| under preventive detention shall have the right to obtain comp ensation in |
| accordance with law . |
| 24. Right against untouchability and discrimination : (1) No person shall be |
| subjected to any form of untouchability or discrimination in any private and |
| public places on grounds of his or her origin, caste, tribe, community , |
| profession, occupation or physical condition . |
| (2) In producing or distributing any goods, services or facilities, no |
| person belonging to any particular caste or tribe shall be prevented from |
| purchasing or acquiring such goods, services or facilities nor shall such goods, |
| services or facilities be sold , distributed or provided only to the persons |
| belonging to any particular caste or tribe. |
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| (3) No act purporting to demonstrate any person or community as |
| superior or inferior on grounds of origin, caste, tribe or physical condition or |
| justifying social discrimin ation on grounds of caste , tribe or untouchability or |
| propagating ideology based on untouchability and caste based superiority or |
| hatred or encouraging caste -based discrimination in any manner whatsoever |
| shall be allowed. |
| (4) No discrimination in any form shall be allowed at a workplace |
| with or without making untouchability on the ground of caste . |
| (5) Any act of untouchability and discrimination in any form |
| committed in contravention of this Article shall be punishable by law as a |
| severe social offence , and the victim of such act shall have the right to obtain |
| compensation in accordance with law . |
| 25. Right relating to p roperty : (1) Every citizen shall, subject to law, have the right |
| to acquire, own, sell, dispose, acquire business profits from, and otherwise deal |
| with, property . |
| Provided t hat the State may levy tax on property of a person, and tax on |
| income of a person in accordance with the concept of progressive taxation. |
| Explanation : For the purposes of this Article, "property" means any form |
| of property including movable and immovable property, and includes an |
| intellectual property right. |
| (2) The State shall not, except for public interest, requisition, |
| acquire, or otherwise create any encumbrance on, property of a person . |
| Provided that this clause shall not apply to any property acquired by any |
| person illicitly. |
| (3) The basis of compensation to be provided and procedures to be |
| followed in the requisition by the State of property of any person for public |
| interest in accordan ce with clause (3) shall be as provided for in the Act. |
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| (4) The provisions of clauses (2) and (3) shall not prevent the State |
| from making land reforms, management and regulation in accordance with law |
| for the purposes of enhancement of product and productivity of lands, |
| modernization and commercialization of agriculture, environment protection |
| and planned housing and urban development. |
| (5) Nothing shall prevent the State from using the property of any |
| person , which it has requisitioned for public in terest in accordance with clause |
| (3), for any other public interest instead of such public interest. |
| 26. Right to freedom of r eligion : (1) Every person who has faith in religion shall |
| have the freedom to profess, practice and protect his or her religion according |
| to his or her conviction . |
| (2) Every religious denomination shall have the right to operate and |
| protect its religious sites and religious Guthi (trusts). |
| Provided tha t nothing shall be deemed to prevent the regulation, by |
| making law , of the operation and protection of religious sites and religious |
| trusts and management of trust properties and lands. |
| (3) No person shall , in the exercise of the right conferred by this |
| Article, do, or caus e to be done, any act which may be contrary to public |
| health, de cency and morality or breach public peace , or convert another person |
| from one religion to another or any act or conduct that may jeopardize other's |
| religion . |
| 27. Right to i nformation : Every citizen shall have the right to demand and receive |
| information on any matter of his or her interest or of public interest. |
| Provided that no one shall be compelled to provide information on any |
| matter of which confidentiality must be maintained in accordance with law. |
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| 28. Right to p rivacy : The privacy of any person, his or her residence , property, |
| document, data, correspondence and matters relating to his or her character |
| shall , except in accordance with law, be inviolable. |
| 29. Right against e xploitation : (1) Every person shall have the right against |
| exploitation. |
| (2) No person shall be exploited in any manner on the ground s of |
| religion, custom, tradition, usage, practice or on any other grounds. |
| (3) No one shall be subjected to trafficking nor shall one be held in |
| slavery or servitude. |
| (4) No one shall be forced to work against his or her will. |
| Provided that nothing shall be deemed to prevent the making of law |
| empowering the State to require citizens to perform compulsory service for |
| public purposes. |
| (5) Act contrary to clauses (3) and (4) shall be punishable by law and |
| the victim shall have the right to obtain compensation from the perpetrator in |
| accordance with law. |
| 30. Right to clean environment : (1) Every citizen shall have the right to live in a |
| clean and healthy environment. |
| (2) The victim shall have the right to obtain compensation, in |
| accordance with law, for any injury caused from environmental pollution or |
| degradation. |
| (3) This Article shall not be deemed to prevent the making of |
| necessary legal provisions for a proper balance between the environment and |
| development, in development works of the nation. |
| 31. Right relating to e ducation : (1) Every citizen shall have the right of access to |
| basic education. |
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| (2) Every citizen shall have the right to get compulsory and free |
| education up to the basic level and free education up to the secondary level |
| from the State. |
| (3) The citizens with disabilities and the economically indigen t |
| citizens shall have the right to get free higher education in accordance with |
| law. |
| (4) The visually impaired citizens shall have the righ t to get free |
| education through brail script and the citizens with hearing or speaking |
| impairment, to get free educ ation through sign language, in accordance with |
| law. |
| (5) Every Nepalese community residing in Nepal shall have the right |
| to get education in its mother tongue and, for that purpose, to open and operate |
| schools and educational institutes , in accordance with law. |
| 32. Right to language and c ulture : (1) Every person and community shall have the |
| right to use their languages. |
| (2) Every person and community shall have the right to participate in |
| the cultural life of their communities. |
| (3) Every Nepalese communit y residing in Nepal shall have the right |
| to preserve and promote its language, script, culture, cultural civilization and |
| heritage. |
| 33. Right to e mployment : (1) Every citizen shall have the right to employment. |
| The ter ms and conditions of employment , and unemployment benefit shall be |
| as provided for in the Federal law. |
| (2) Every citizen shall have the right to choose employment. |
| 34. Right to l abour : (1) Every labourer shall have the right to practice appropriate |
| labour. |
| 24 |
| Explanation : For the purposes of this Article, "labourer" means a labourer |
| or worker who does physical or mental work for an employer in consideration |
| for remuneration. |
| (2) Every labourer shall have the right to appropriate remuneration, |
| facilities and contributory social security. |
| (3) Every labourer shall have the right to form and join trade unions |
| and to engage in collective bargaining, in accordance with law. |
| 35. Right relating to h ealth : (1) Every citizen shall have the right to free basic |
| health services from the State, and n o one shall be deprived of emergency |
| health services. |
| (2) Every person shall have the right to get information about his or |
| her medical treatment. |
| (3) Every citizen shall have equal access to health services. |
| (4) Every citi zen shall have the right of access to clean drinking |
| water and sanitation. |
| 36. Right relating to f ood: (1) Every citizen shall have the right relating to food. |
| (2) Every citizen shall have the right to be safe from the state of |
| being in danger of life from the scarcity of food. |
| (3) Every citizen shall have the right to food sovereignty i n |
| accordance with law . |
| 37. Right to h ousing : (1) Every citizen shall have the right to an appropriate |
| housing. |
| (2) No citizen shall be evicted from the residence owned by him or |
| her nor shall his or her residence be infringed except in accordance with law. |
| 38. Rights of w omen : (1) Every woman shall have equal lineage right without |
| gender based discrimination . |
| 25 |
| (2) Every woman shall have the right to safe motherhood and |
| reproductive health. |
| (3) No wom an shall be subjected to physical, mental, sexual, |
| psychological or other form of violence or exploitation on grounds of religion, |
| social, cultural tradition, practice or on any other grounds. Such act shall be |
| punishable by law, and the victim shall have the right to obtain compensation |
| in accordance with law. |
| (4) Women shall have the right to participate in all bodies of the |
| State on the basis of the principle of proportional inclusi on. |
| (5) Wome n shall have the right to obtain special opportunity in |
| education, health, employment and social security, on the basis of positive |
| discrimination. |
| (6) The spouse shall have the equal right to property and family |
| affairs . |
| 39. Rights of the c hild: (1) Every child shall have the right to name and birth |
| registration along with his or her identity. |
| (2) Every child shall have the right to education, health, |
| maintenance, proper care, sports, entertainment and overall personality |
| development from the families and the State. |
| (3) Every child shall have the right to elementary child development |
| and child participation . |
| (4) No child shall be employed to work in any factory, mine or |
| engaged in similar other hazardous work. |
| (5) No child shall be subjected to child marriage, transported |
| illegal ly, abducted/kidnapped or taken in hostage. |
| (6) No child shall be recruited or used in army, police or any armed |
| group , or be subjected, in the name of cultural or religious traditions, to abuse, |
| 26 |
| exclusion or physical, mental, sexual or other form of exploitation or improper |
| use by any means or in any manner. |
| (7) No child shall be subjected to physical, mental or any other form |
| of torture in home , school or other place and situation whatsoever . |
| (8) Every child shall have the right to juvenile friendly justice. |
| (9) The child who is helpless, orphan, with disabilities, conflict |
| victim, displaced or vulnerable shall have the right to special protection and |
| facilities from the State. |
| (10) Any act contr ary to in clauses (4), (5), (6) and (7 ) shall be |
| punishable by law, and a child who is the victim of such act shall have the right |
| to obtain compensation from the perpetrator , in accordance with law . |
| 40. Rights of Dalit : (1) The Dalit shall have the right to participate in all bodies of |
| the State on the basis of the principle of proportional in clusion. Special |
| provision shall be made by law for the empowerment, representation and |
| participation of the Dalit community in public services as well as other sectors |
| of employment. |
| (2) Provision of free education with scholarship, from primary to |
| higher education, shall be made by law for the Dalit students. Special provision |
| shall be made by law for the Dalit in technical and vocational educat ion. |
| (3) Special provision shall be made by law in order to provide health |
| and social security to the Dalit community. |
| (4) The Dalit community shall have the right to use, protect and |
| develop their tradition al occupation, knowledge, skill and technology. The |
| State shall accord priority to the Dalit community in modern business related |
| with their traditional occupation and provide skills and resources required |
| therefor. |
| 27 |
| (5) The State shall once provide land to the landless Dalit in |
| accordan ce with law . |
| (6) The State shall , in accordance with law, arrange settlement for |
| the Dalit who do not have housing. |
| (7) The facilities conferred by this Article to the Dalit community |
| must be distributed in a just manner so that the Dalit women, men and Dalit in |
| all communities can obtain such facilit ies proportionately. |
| 41. Rights of senior citizens : The senior citizens shall have the right to special |
| protection and social security from the State. |
| 42. Right to social j ustice : (1) The socially backward women, Dalit , indigenous |
| people , indigenous nationalities , Madhesi , Tharu , minorities , persons with |
| disabilities, marginalized communities , Muslims, backward classes, gender and |
| sexual minorities, youths , farmers , labourers , oppre ssed or citizens of |
| backward regions and indigent Khas Arya shall have the right to participate in |
| the State bodies on the basis of inclusive principle . |
| (2) The indigent citizens and citizens of the communities on the |
| verge of extinction shall have the right to get special opportunities and benefits |
| in education, health, housing, employment, food and social security for their |
| protection, upliftment, empowerment and development. |
| (3) The citizens with disabilities shal l have the right to live with |
| dignity and honour, with the identity of their diversity , and have equal access to |
| public services and facilities. |
| (4) Every farmer shall have the right to have access to lands for agro |
| activities, select and protect local seeds and agro species which have been used |
| and pursued traditionally, in accordance with law. |
| (5) The families of the martyrs who have sacrificed their life , |
| persons who were forced to disappear, and those who became disabled and |
| 28 |
| injured in all popular movements, armed conflicts and revolutions that have |
| been carried out for progressive democratic changes in Nepal, democracy |
| fighters, conflict victims and displaced ones, persons with disabilities, the |
| injured and victims shall have the right to get a prioritized opportunity, with |
| justice and due respect, in educati on, health, employment, housing and social |
| security, in accordance with law. |
| 43. Right to social security : The indigent citizens, incapacitated and helpless |
| citizens, helpless singl e women, citizens with disabilities, children, citizens |
| who cannot take care themselves and citizens belonging to the tribes on the |
| verge of extinction shall have the right to social security, in accordance with |
| law. |
| 44. Rights of the c onsumer : (1) Every consumer shall have the right to obtain |
| quality goods and services. |
| (2) A person who has suffered injury from any substandard goods or |
| services shall ha ve the right to obtain compensation in accordance with law. |
| 45. Right against e xile: No citizen shall be exiled. |
| 46. Right to constitutional remedies : There shall be a right to obtain constitutional |
| remedies in the manner set forth in Article 133 or 144 for the enforcement of |
| the rights conferred by this Part. |
| 47. Implementation of fundamental rights : The State shall, as required, make legal |
| provisions for the implementation of th e rights conferred by this Part, within |
| three years of the commencement of this Constitution. |
| 48. Duties of citizens : Every citizen shall have the following duties : |
| (a) to safeguar d the nationality, sovereignty and integrity of Nepal, |
| while being loyal to the nation, |
| (b) to abide by the Constitution and law , |
| (c) to render compulsory service as and when the State so requires, |
| 29 |
| (d) to protect and preserve public property. |
| |
| 30 |
| Part-4 |
| Directive Principles, Policies and Obligations of the State |
| 49. To be g uiding principles : (1) The directive principles , policies and obligations |
| set forth in this Part shall be the guiding principles for the governance of the |
| State . |
| (2) The S tate shall mobilize, or cause to be mobilized, means a nd |
| resources, as required, to implement the principles , policies and obligations set |
| forth in this Part. |
| 50. Directive p rinciples : (1) The political objective of the State shall be to establish |
| a public welfare sy stem of governance, by establishing a just system in all |
| aspects of the national life through the rule of law, values and norms of |
| fundamental rights and human rights, gender equality, proportional inclusion, |
| participation and social justice, while at the same time protecting the life, |
| property , equality and liberties of the people, in keeping with the vitality of |
| freedom , sovereignty, territorial integrity and independence of Nepal, and to |
| consolidate a federal democratic republic an system of governance in order to |
| ensure an atmosphere conducive to the enjoyment of the fruits of democracy, |
| while at the same time maintaining the relations between the Federal Units on |
| the basis of cooperative federalism and incorporating the principle of |
| proporti onal partic ipation in the system of governance on the basis of local |
| autonomy and decentralization. |
| (2) The social and cultural objective of the State shall be to build a |
| civilized and egalitarian society by eliminating all forms of discrimination, |
| exploitation and i njustice on the grounds of religion, culture, tradition, usage , |
| custom, practice or on any other similar grounds, to develop social , cultural |
| values founded on national pride, democracy, pro-people , respect of labour , |
| entrepreneurship, discipline, dignity and harmony , and to consolidate the |
| 31 |
| national unity by maintaining social cohesion, solidarity and harmony, while |
| recognizing cultural diversity. |
| (3) The economic objective of the State shall be to achieve a |
| sustainable economic development , while achieving rapid economic growth , by |
| way of maximum mobilization of the available means and resources through |
| participation and development of public , private and cooperatives , and to |
| develop a socialism -oriented independent and prosperous economy while |
| making the national economy independent, self -reliant and progressive in order |
| to build an exploitation free society by abolishing economic inequality through |
| equitable distribution of the gains. |
| (4) The State shall direct its international relations toward s |
| enhancing the dignity of the nation in the world community by maintaining |
| international relations on the basis of sovereign equality, while safeguarding |
| the freedom , sovereignty, territorial integrity and independence and national |
| interest of Nepal. |
| 51. Policies of the State : The State shall pursue the following policies: |
| (a) Policies relating to n ational unity and national security : |
| (1) to keep intact the national unity , while p rotecting the freedom, |
| sovereignty, territorial integrity and independence of Nepal, |
| (2) to promote the national unity while developing mutual |
| cooperative relations between the Federal U nits by maintaining |
| mutual cohesion, harmony and solidarity between various castes, |
| tribes, relig ions, languages , cultures and communities, |
| (3) to maintain law and order by developing a national security |
| system, |
| (4) to guarantee the overall human security system, |
| 32 |
| (5) to make all security organs , including the Nepal A rmy, Nepal |
| Police and Armed Police Force Nepal , com petent, strong, |
| professional, inclusive and accountable to the people, on the |
| basis of national security policies, |
| (6) to make and keep the citizens ready and competent to serve the |
| nation as and when necessary, |
| (7) to make proper use, in nations' interest, of the knowledge, skills |
| and experiences of former public employees including former |
| employees, military and police. |
| (b) Policies rela ting to political and governance system of State : |
| (1) to guarantee the best interests and prosperity of the people |
| through economic, social and cultural transformations, while |
| safeguarding, consolidating and developing political |
| achievements, |
| (2) to maintain rule of law by protecting and promoti ng human |
| rights, |
| (3) to implement international treaties, agreements to which Nepal is |
| a party, |
| (4) to guarantee good governance by ensuring the equal and easy |
| access of the people to the services and facilities delivered by the |
| State, while making public administration fair, competent, |
| impartial, transparent, free from corruption, accountable and |
| participat ory, |
| (5) to make necessary provisions to make mass media fair, healthy, |
| impartial, decent, responsible and professional, |
| 33 |
| (6) to develop and expand harmonious and cooperative relations |
| between the Federal Units by way of sharing of responsibilities, |
| resourc es and administration between them. |
| (c) Relating to s ocial and cultural t ransformation : |
| (1) to build the society founded on cordial social relations by |
| developing a healthy and civilized culture, |
| (2) to carrying out studies, research works, excavation and |
| dissemination for the protection, promotion and development of |
| ancient, archaeological and cultural heritages, |
| (3) to make community development through enhancement of local |
| public participation , by pro moting and mobilizing the creativity |
| of local communities in social, cultural and se rvice -oriented |
| works, |
| (4) to focus on the development of arts, literature and music which |
| form cultural heritages, |
| (5) to end all forms of discrimination, inequality, explo itation and |
| injustice in the name of religion, custom, usage, practice and |
| tradition existing in the society, |
| (6) to protect and develop languages, scripts, culture , literature, arts, |
| motion pictures and heritages of various castes, tribes, and |
| communities on the basis of equality and co -existence, while |
| maintaining the cu ltural diversity of the country, |
| (7) to pursue a multi -lingual policy. |
| (d) Relating to economy, industry and c ommerce : |
| (1) to enhance national economy through partnership and |
| independent development of the public, private and cooperative |
| sectors, |
| 34 |
| (2) to achieve economic prosperity by way of optimum mobilization |
| of the available means and resources , while focusing on the role |
| of private sector in economy , |
| (3) to promote the cooperative sector and mobilize it in national |
| development to the maximum extent, |
| (4) to encourage and mobilize the economic sector in the overall |
| national development, while providing for regulation to maintain |
| fairness, accountability and co mpetition in all of its activities , |
| (5) to make equitable distribution of the available means and |
| resources and benefits of economic development, |
| (6) to diversify and expand markets for goods and services, while |
| promoting exports through development and ex pansion of |
| industries upon identifying areas of comparative advantage, |
| (7) to protect the interests of consumers by maintaining trade |
| fairness and discipline by making national economy competitive, |
| while ending activities such as creating black marketing, |
| monopoly, artificial scarcity and restricting competition, |
| (8) to protect and promote domestic industries and resources and |
| accord priority to domestic investment based on Nepalese labour, |
| skills and raw materials for the development of national |
| economy, |
| (9) to give priority to domestic investment for the development of |
| national economy, |
| (10) to encourage foreign capital and technological investment in |
| areas of import substitution and export promotion, in consonance |
| with national interest, and encourage and mobilize such |
| investment in infrastructure building, |
| 35 |
| (11) to make the obtaining of foreign assistance transparent, while |
| making the national needs and priorities as the basis for obtaining |
| foreign assistance, and incorporating amounts received in form of |
| foreign assistance in the national budget, |
| (12) to util ize knowledge, skill , technology and capital of the non- |
| resident Nepalese in the national development, |
| (13) to give dynamism to the economic development by establishing |
| coordination between the States and the States and the Federation |
| in relation to industrial corridors, special economic zones, |
| national projects and projects involving foreign investment. |
| (e) Policies relating to agriculture and land reforms : |
| (1) to make scientific land reforms having regard to the interests of |
| the farmers, while ending the dual ownership existing in the |
| lands, |
| (2) to enhance product and productivity by carrying out land |
| pooling, while discouraging inactive land ownership, |
| (3) to make land management and commercia lization, |
| industrialization, diversification and modernizatio n of |
| agriculture, by pursuing land -use policies to enhance agriculture |
| product and productivity, while protecting and promoting the |
| rights and interests of the farmers, |
| (4) to make proper use of lands, while regulating and managing |
| lands on the basis of, inter alia , productivity, nature of lands and |
| ecological balance, |
| (5) to provide for the farmers' access to agricultural inputs, agro - |
| products at fair price and market. |
| (f) Policies relating to d evelopment : |
| 36 |
| (1) to formulate sustainable socio -economic development strategies |
| and programs under the regional development plan for inclusive |
| economic development with regional balance, and implement |
| them in a coordinative manner, |
| (2) to d evelop balanced, environment friendly , quality and |
| sustainable physical infrastructure s, while according priority to |
| the regions lagging behi nd from development perspective, |
| (3) to enhance local public participation in the process of |
| development works, |
| (4) to enhance inves tment in scientific study, re search works and in |
| invention, progress and development of science and technology, |
| and protect scientist s, technologists, intellectual and eminent |
| talents , |
| (5) to ensure easy and simple access of the general public to |
| informati on technology by developing and expanding |
| information technology to the tune of national needs, and make |
| optimum utilization of information technology in the national |
| development, |
| (6) to make provisions enabling the general public to enjoy fruits of |
| development in a just manner, while a ccord ing priority to the |
| indigent citizens in the distribution of such fruits, |
| (7) to develop an integrated national identity management |
| information system and manage all kinds of information and data |
| of the citizens in an integrated manner, and linking such system |
| with the services and facilities provided by the State and with |
| national development plans, |
| 37 |
| (8) to update demographic statistics and linking it with national |
| development plans. |
| (g) Policies relating to protect ion, promotion and use of natural resources : |
| (1) to protect, promote, and make environmental friendly and |
| sustainable use of, natural resources available in the country, in |
| consonance with national interest and adopting the concept of |
| inter-generational e quity, and make equitable distribution of |
| fruits, according priority and preferential right to the local |
| communities, |
| (2) to make multi -purpose development of water resources, while |
| according priority to domestic investment based on public |
| participation, |
| (3) to ensure reliable supply of energy in an affordable and easy |
| manner, and make proper use of energy, for the fulfilment of the |
| basic needs of citizens , by generating and developing renewable |
| energy, |
| (4) to develop sustainable and reliable irrigation by making control |
| of water -induced disasters, and river management, |
| (5) to conserve, promote, and make sustainable use of, forests, |
| wildlife, birds, vegetation and bio -diversity, by mitigating |
| possible risks to environment from industrial and physical |
| develop ment, while raising awareness of general public about |
| environment cleanliness, |
| (6) to maintain the forest area in necessary lands for ecological |
| balance, |
| 38 |
| (7) to adopt appropriate measures to abolish or mitigate existing or |
| possible adverse environmental im pacts on the nature, |
| environment or biological diversity, |
| (8) to pursue the principles of environmental ly sustainable |
| development such as the principles of polluter pays , of |
| precaution in environmental protection and of prior informed |
| consent. |
| (9) to make advance warning, preparedness, rescue, relief and |
| rehabilitation in order to mitigate risks from natural disasters. |
| (h) Policies relating to basic needs of the c itizens : |
| (1) to prepare human resources that are competent, competitive, |
| ethical, and dev oted to national interests, while making education |
| scientific, technical, vocational , empirical, employment and |
| people -oriented, |
| (2) to make private sector investment made in education service - |
| oriented by regulating and managing such investment, while |
| enha ncing the State's investment in the education sector , |
| (3) to make higher education easy, qualitative and accessible, and |
| free gradually, |
| (4) to establish and promote community information centres and |
| libraries for the personality development of citizens, |
| (5) to keep on enhancing investment necessary in the public health |
| sector by the State in order to make the citizens healthy, |
| (6) to ensure easy, convenient and equal access of all to quality |
| health services, |
| |
| 39 |
| (7) to protect and promote health systems including Ayurveda , as a |
| traditional medical system of Nepal, natural therapy and |
| homeopathy system, |
| (8) to make private sector investment in the health sector service - |
| oriented by regulating and managing such investment, while |
| enhanci ng the State's investment in this sector, |
| (9) to focus on health research and keep on increasing the number of |
| health institutions and health workers in order to make health |
| services widely available and qualitative, |
| (10) to increase average life expectancy by reducing maternal and |
| infant mortality rate, while encouraging family planning for |
| population management on the basis of Nepal's capacity and |
| need , |
| (11) to manage unplanned settlement and develop planned and |
| systematic settlement, |
| (12) to provide for sustainable production, supplies, storage, security, |
| and easy and effective distribution of foods by encouraging food |
| production in tune with climate and soil, in consonance with the |
| concept of food sovereignty , while enhancing investment in the |
| agriculture sector , |
| (13) to ensure planned supply system by according special priority to |
| the remote and backward regions, while ensuring equal access of |
| all citizens to basic goods and services, |
| (14) to enhance investment in the transportation sector, while ensuring |
| simple, easy and equal access of the citizens to transportation |
| facilities , and to make the transportation sector safe, systematic |
| and persons with disabilities friendly by encouraging public |
| 40 |
| transportation and regulating private transporta tion, while |
| according priority to the environment friendly technologies, |
| (15) to arrange for access to medical treatment while ensuring |
| citizen's health insurance. |
| (i) Policies relating to labo ur and employment : |
| (1) to make competent and professional the labour force that has |
| remained as the main socio -economic strength of the country and |
| enhance employment within the country, while ensuring a |
| situation enabling all to work, |
| (2) to guarantee social security, while ensuring the basic rights of all |
| labou rs, in consonance with the concept of decent labour, |
| (3) to abolish all forms of labour exploitation including child labour, |
| (4) to encourage participation of labours in management, while |
| maintain cordial relations between the labours and entrepreneurs, |
| (5) to regulate and manage the sector in order to make foreign |
| employment free from exploitation, safe and systematic and to |
| guarantee employment and rights of the labours, |
| (6) to encourage to mobilize the capital, skills, technology and |
| experience gained from foreign employment in productive |
| sectors in the country . |
| (j) Policies relating to social justice and inclusion : |
| (1) to keep on making appropriate arrangements for the livelihood s |
| of the helpless single women , while according priority to them in |
| employment on the basis of skills, competency and qualification , |
| 41 |
| (2) to make self -dependent the women who are vulnerable , subjected |
| to social and family exclusion and victims of violence self -reliant |
| by making their rehabilitation, pro tection and empowerment, |
| (3) to ensure enjoyment of requisite services and facilities at the |
| reproductive stage , |
| (4) to evaluate economically the work and contribution such as |
| maintenance of children and care of families , |
| (5) to take into consideration pri marily of the best interests of the |
| child, |
| (6) to identify the freed bonded labours, Kamlari, Harawa, |
| Charawa, tillers, landless, squatters and rehabilitate them by |
| providing housing, housing plot for residence and cultivable land |
| or employment for their livelihood s, |
| (7) to create an atmosphere conducive to the full enjoyment of the |
| political, economic, social and cultural rights, while enhancing |
| the participation of youths in national development, to make their |
| personality development, while providing spec ial opportunity in |
| areas including education, health and employment for the |
| empowerment and development of the youths and provide them |
| with appropriate opportunities for the overall development of the |
| State, |
| (8) to make the indigenous nationalities participate in decisions |
| concerning that community by making special provisions for |
| opportunities and benefits in order to ensure the right of these |
| nationalities to liv e with dignity, along with their identity, and |
| protect and promote traditional knowledge, skill , culture, social |
| 42 |
| tradition and experience of the indigenous natio nalities and local |
| communities, |
| (9) to make special provisions for opportunities and benefits to |
| minority communities to enjoy social and cultura l rights, with |
| maintaining their identity, |
| (10) to make special provisions for equal distribution of economic, |
| social and cultural opportunities and benefits to the Madhesi |
| community, Muslims and backward class, and for opportunities |
| and benefits to the in digent citizens within such communities for |
| their protection, upliftment, empowerment and development, |
| (11) to make special provisions for opportunities and benefits for the |
| protection, upliftment, empowerment and development of the |
| citizens of the oppress ed and backward regions and for the |
| fulfilment of their basic needs, |
| (12) to accord priority to the indigent within all sexes, regions and |
| communities in the provision of social security and social justice, |
| (13) to make planned investment in sports and spo rt-persons in order |
| to prepare healthy, competent and disciplined citizens, and to |
| develop sports as a means of consolidating national unity and |
| enhancing national prestige at the international level, |
| (14) to adopt a single door system for the establishmen t, approval, |
| operation, regulation and management of community -based and |
| national or international non -governmental organizations and to |
| involve such organizations only in the sectors of national need |
| and priority, while making investment and role of such |
| organizations transparent and accountable. |
| (k) Policies r elating to justice and penal s ystem : |
| 43 |
| (1) to make the administration of justice speedy, efficient, widely |
| available, economical , impartial, effective, and accountable to |
| people, |
| (2) to pursue alternative means such as mediation and arbitration for |
| the settlement of disputes of general nature, |
| (3) to adopt effective measures for the control of corruption and |
| irregularities in all sectors including political, ad ministrative , |
| judicial and social sectors. |
| (l) Policies relating to tourism : To develop eco -friendly tourism industries |
| as an important base of national economy by way of identification, |
| protection, promotion and publicity of the ancient, cultural, religious , |
| archaeological and natural heritages of Nepal, to make environment and |
| policy required for the development of tourism culture, and to accord |
| priority to local people in the distribution of benefits of tourism |
| industries. |
| (m) Policies relating to intern ational r elations : |
| (1) to conduct an independent foreign po licy based on the Charter of |
| the United Nations , non -alignment, principles of Panchsheel , |
| international law and the norms of world peace, taking into |
| consideration of the overall interest of the nation, while |
| remaining active in safeguarding the sovereignty, territorial |
| integrity , independence and national interest of Nepal, |
| (2) to review treaties concluded in the past , and make treaties, |
| agreements based on equality and mutual interest. |
| 52. Obligations of the State : It shall be the obligation of the State to make Nepal a |
| prosperous and affluent country by protecting and promoting fundamental |
| rights and human rights, pursuing directive principles of the State and |
| 44 |
| gradually implement ing policies of the State, while keeping intact the freedom, |
| sovereignty, territorial integrity and independence of Nepal. |
| 53. To submit r eport : The Government of Nepal shall submit a n annual report |
| containing the steps taken and achievements made in the impl ementation of the |
| directive principles , policies and obligations of the State set forth in this Part to |
| the President, and the President shall cause such repor t to be laid through the |
| Prime Minister before the Federal Parliament. |
| 54. Provisions relating to monitoring : There shall be a committee, in accordance |
| with law, in the Federal Parliament in order to monitor and evaluate whether |
| the directive principles, policies and obligations of the State set forth in this |
| Part have been implemented progressively or not . |
| 55. Questions not to be raised in c ourt: No question shall be raised in any court as |
| to whether any matter contained in this Part has been implemented or not . |
| |
| 45 |
| Part-5 |
| Structure of State and Distribution of State Power |
| 56. Structure of State : (1) The main structure of the Federal Democratic Republic |
| of Nepal shall be of three levels, namely the Federation , the State and the Local |
| level. |
| (2) The Federation , State and Local l evels shall exercise the power |
| of State of Nepal pursua nt to this Constitution and law . |
| (3) There shall be States consisting of the Districts as mentioned in |
| Schedule -4 existing in Nepal at the time of commencement of this |
| Constitution. |
| (4) There shall be Village Institutions , Municipalities and District |
| Assemblies under the Local level. The number of Wards in a Village |
| Institution and Municipality shall be as provided for in the Federal law. |
| (5) Any Special, Protected or Autonomous Region can be set by the |
| Federal law for social, cultural protection or economic developme nt. |
| (6) The Federation , State and Local levels shall protect Nepal's |
| freedom, sovereignty, territorial integrity, independence, national interest, |
| overall development, multi -party, competitive, democratic, republican, federal |
| system of governance , human ri ghts and fundamental rights, rule of law, |
| separation of powers and check and balance, egalitarian society b ased on |
| pluralism and equality, inclusive representation and identity. |
| 57. Distribution of State power : (1) The powers of the Federation shall be ves ted in |
| the matters enumerated in Schedule -5, and such powers shall be exercised |
| pursuant to this Constitution and the Federal law. |
| 46 |
| (2) The powers of a State shall be vested in the matters enumerated |
| in Schedule -6, and such powers shall be exercised pursuant to this Constitution |
| and the State law. |
| (3) The concurrent powers of the Federation and the State shall be |
| vested in the matters enumerated in Schedule -7, and such powers shall be |
| exercised pursuant to this Const itution, the Federal law and the State law. |
| (4) The powers of the Local l evel shall be vested in the matters |
| enumerated in Schedule -8, and such powers shall be exercised pursuant to this |
| Constitution and the law made by the Village Assembly or Municipal |
| Assembly. |
| (5) The concurrent powers of the Federation, State and Local l evels |
| shall be vested in the matters enumerated in Schedule -9, and such powers shall |
| be exercised pursuant to this Constitution , the Federal law, the State law and |
| the law made by the Village Assembly or Municipal Assemb ly. |
| (6) Any law to be made by the State Assembly, Village Assembly or |
| Municipal Assembly pursuant to clause (3) or (5) shall be so made as not to be |
| inconsistent with the Federal law, and any law made by the State Assembly, |
| Village Assembly or Municipal As sembly which is inconsistent with the |
| Federal law shall be invalid to the extent of such inconsistency. |
| (7) Any law to be made by the Village Assembly or Municipal |
| Assembly pursuant to clause (5) shall be so made as not to be inconsistent with |
| the State la w, and any law made by the Village Assembly or Municipal |
| Assembly which is inconsistent with the State law shall be invalid to the extent |
| of such inconsistency. |
| 58. Residual p owers : The Federation shall have power on any matter not |
| enumerated in the Federa l List, State List, List of Local level or Concurrent |
| 47 |
| List or on any matter which is not so specified in this Constitution as to be |
| exercised by any level. |
| 59. Exercise of financial p owers : (1) The Federation, State and Local l evel shall |
| make laws, make an nual budget, decisions, formulate and implement policies |
| and plans on any matters related to financial powers within their respective |
| jurisdictions. |
| (2) The Federation may so make necessary policies, standards and |
| laws on any of the matters enumerated in t he Concurrent List and other areas |
| of financial powers as to be applicable also to the States. |
| (3) The Federation, State and Local l evel shall make budget of their |
| respective levels, and the time for submission of budget by the State and Local |
| level sha ll be as provided for in the Federal law. |
| (4) The Federation , State and Local level shall provide for the |
| equitable distribution of benefits derived from the use of natural resources or |
| development. Certain portions of such benefits shall be distributed, purs uant to |
| law, in forms of royalty, services or goods to the project affected regions and |
| local communities. |
| (5) If, in utilising natural resources, the local community desires to |
| make investment there in, the Federation, State and Local l evel shall accord |
| priority to such investment in such portion as provided by law on the basis of |
| the nature and size of such investment . |
| (6) The Government of Nepal shall have power to obtain foreign |
| assistance and borrow loan s. Such assistance or loan s shall be so obtained or |
| borrowed as to have macro -economic stability of the country. |
| (7) Provisions relating to the management of budget deficits and |
| other fiscal discipline of the Federation, State and Local l evel shall be as |
| provided for in the Federal law. |
| 48 |
| 60. Distribution of sources of revenue : (1) The Federation, State and Local l evel |
| may impose taxes on matters falling within their respective jurisdiction and |
| collect revenue from these sources. |
| Provided that provisions relating to the imposition of taxes and |
| collection of revenue on matters that fall within the Concurrent List and on |
| matters that are not included in the Li st of any l evel shall be as determined by |
| the Government of Nepal. |
| (2) The Government of Nepal shall make provisions for the equitable |
| distribution of th e collected revenue to the Federation, State and Local l evel. |
| (3) The amount of fiscal transfer receivable by the State and Local |
| level shall be as recommended by the National Natural Resources and Fiscal |
| Commission . |
| (4) The Government of Nepal shall, on t he basis of the need of |
| expenditure and revenue capacity, distribute fiscal equalization grants to the |
| State and Local level. |
| (5) Each State shall, in accordance with the State law, distribute |
| fiscal equalization grants out of the grants received from the Government of |
| Nepal and revenues collected from its sources, on the b asis of the need of |
| expenditure and revenue cap acity of its subordinate Local l evel. |
| (6) Provisions relating to distribution of conditional grants, |
| complementary grants or special grants for other purposes to be provided by |
| the Government of Nepal f rom the Federal Consolidated Fund shall be as |
| provided for in the Federal law. |
| (7) Distribution of revenues between the Federal, State and Local |
| level shall be made in a balanced and transparent manner. |
| (8) A Federal Act on the distribution of revenues shall be made |
| having regard to the national policies, national requirements, a utonomy of the |
| 49 |
| State and Local l evels, services to be r ende red by the State and the Local l evel |
| to the people and financial powers granted to them, capacity to collect |
| revenues, potentiality and use of revenues, assistance to be made in |
| development works, reduction of regional imbalances, poverty and inequality, |
| end of deprivation, and assistanc e to be made in the performance of contingent |
| works and fulfilment of temporary needs. |
| |
| 50 |
| Part-6 |
| President and Vice -President |
| 61. President : (1) There shall be a President of Nepal. |
| (2) The President shall be the head of state of Nepal. He or she shall |
| perform his or her functions in accordance with this Constitution and the |
| Federal law. |
| (3) The President shall promote the national unity of Nepal. |
| (4) The main duty of the President shall be to abide by and protect |
| this Constitution. |
| 62. Election of Presi dent: (1) The President shal l be elected by an electoral college |
| composed of the members of the Federal Parliament and of the State |
| Assemblies. The voting weightage of the members of the Federal Parliament |
| and of the State Assemblies shall vary as provided for in the Federal law. |
| (2) Notwithstanding anything contained in clause (1), nothing shall |
| be deemed to bar the formation of an electoral college for the purpose of |
| election to the President by the sole reason that election to the State Assembly |
| has not been held in any State. |
| (3) A person who secures a majority of the then existing total votes |
| of the electoral college under clause (1) shall be elected as the President. |
| (4) If none of the candidates secures a majority under clause (3), |
| there shall be voti ng between the two candidates who have secure d the highest |
| number of votes, and a candidate who secures more than fifty percent of the |
| total votes in su ch a voting shall be elected as the President. |
| (5) If none of the candidates secures more than fifty per cent of the |
| total votes even in the voting under clause (4), re -voting shall be held. A |
| 51 |
| candidate who secures a majority of the t otal valid votes cast in such voting |
| shall be elected as the President. |
| (6) If a person who holds a political office to be fill ed by way of |
| election, nomination or appointment is appointed as the President under this |
| Article, his or her such office shall ipso facto be vacant. |
| (7) Electi on to the President and other m atters related thereto shall |
| be as provided for in the Federal law. |
| 63. Term of o ffice of President : (1) The term of office of the President shall be five |
| years from the date on which he or she is so elected. |
| (2) The President whose term of office under clause (1) has expired |
| shall continue to discharge the functions un der this Constitution until another |
| elected President assumes his or her office. |
| 64. Qualification for President : (1) A person who has the following qualification |
| shall be qualified to become the President: |
| (a) being qualified to become a member of the Federal Parliament, |
| (b) having completed the age of at least forty five years, and |
| (c) not being disqualified by any law. |
| (2) Notwithstanding anything contained in clause (1), a person who |
| has already been elected twice as the President shall not become a candidate in |
| the election to the President. |
| 65. Vacation of o ffice of President : The office of the President shall become vacant |
| in any of the following circumstances: |
| (a) if he or she tenders resignation i n writing to the Vice -President, |
| (b) if a motion of impeachment against him or her is passed under |
| Article 101, |
| 52 |
| (c) if his or her term of office expires, |
| (d) If he or she dies. |
| 66. Functions, duties and p owers of President : (1) The President shall exercise |
| such powers and perform such duties a s conferred to him or her pursuant to |
| this Constitution or a Federal l aw. |
| (2) In exercising the powers or duties under clause (1), the President |
| shall perform all other functions to be performed by him or her on |
| recommendation and with the consent of the Council of Ministers than those |
| functions specifically provided to be performed on recommendation of any |
| body or official under this Constitution or Federal L aw. Such recommendation |
| and consent shall be submitted through the Prime Minister. |
| (3) Any decisio n or order to be issued in the name of the President |
| under clause (2) and other instrument of authorization pertaining thereto shall |
| be authenticated as provided for in the Federal l aw. |
| 67. Vice-President : (1) There shall be a Vice -president of Nepal. |
| (2) The functions to be performed by the President shall be |
| performed by the Vice-president during the absence of the President. |
| (3) If a person who holds a political office to be filled by way of |
| election, nomination or appointment is appointed as the Vice -president, his or |
| her such office shall ipso facto be vacant. |
| 68. Vacation of o ffice of Vice -president : The office of the Vice -president shall |
| become vacant in any of the following circumstances: |
| (a) if he or she tenders resignat ion in writing to the Preside nt, |
| (b) if a motion of impeachment against him or her is passed under |
| Article 101, |
| (c) if his or her term of office expires, |
| 53 |
| (d) if he or she dies. |
| 69. Other provisions relating to Vice -President : Provisions relatin g to the |
| qualification, procedures of el ection and term of office of the Vice -President |
| shall be the same as that of the President. |
| 70. President and Vice -President to be from different sex or c ommunity : Election |
| to the President and the Vice -president under this Constitution shall be so made |
| as to have representation of different sex or community. |
| 71. Oath by President and Vice -President : Prior to assuming their respective |
| office s, the President shall take an oath of office and secrecy before the Chief |
| Justice, and the Vice -President , before the President, as provided for in the |
| Federal l aw. |
| 72. Remuneration and f acilities of President and Vice -President : The remuneration |
| and other facilities of the President and the Vice -president shall be as provided |
| for in the Federal Act, and as specified by the Government of Nepal until such |
| Act is made. |
| 73. Office of President and Vice -President : (1) There shall be separate offices for |
| the performance of the functions of the President and the Vice -President. |
| (2) The Government of Nepal shall make arrangem ents for |
| employees and other provisions as required to perform the functions of the |
| offices under clause (1). |
| |
| 54 |
| Part-7 |
| Federal Executive |
| 74. Form of g overnment : The form of government of Nepal shall be multi -party, |
| competitive, federal, democratic, republican, parliamentary form of |
| government based on pluralism. |
| 75. Executive p ower : (1) The executive power of Nepal shall, pursua nt to this |
| Constitution and law , be vested in the Council of Ministers. |
| (2) The responsibility for issuing general directive s, controlling and |
| regulatin g the governance of Nepal shall, subje ct to this Constitution and law , |
| lie in the Council of Ministers. |
| (3) All Federal executive functions of Nepal shall be performed in |
| the name of the Government of Nepal. |
| (4) Any decision or order to be issued in the name of the |
| Government of Nepal pursuant to clause (3) and other instruments of |
| authorization pertaining thereto shall be authenticated as provided for in the |
| Federal law. |
| 76. Constitution of Council of Ministers : (1) The Presiden t shall appoint the leader |
| of a parliamentary party that commands majority in the House of |
| Representatives as the Prime Minister, and the Council of Ministers shall be |
| constituted under his or her chairpersonship. |
| (2) In cases where no party has a clear ma jority in the House of |
| Representatives under clause (1), the President shall appoint as the Prime |
| Minister a member of the House of Representatives who can command |
| majority with the support of two or more parties representing to the House of |
| Representative s. |
| 55 |
| (3) In cases where Prime Minister cannot be appointed under clause |
| (2) no later than thirty days after the date of declaration of the final results of |
| election to the House of Representatives or the Prime Minister so appointed |
| fails to secure a vote of confidence under clause (4), the President shall appoint |
| as the Prime Minister the parliamentary party leader of the party which has the |
| highest number of members in the House of Representatives. |
| (4) The Prime Minister appointed under clause (2) or (3) sha ll obtain |
| a vote of confidence from the House of Representatives no later than thirty |
| days after the date of such appointment. |
| (5) In cases where the Prime Minister appointed under clause (3) |
| fails to obtain a vote of confidence under clause (4) and any me mber under |
| clause (2) presents a ground on which he or she can obtain a vote of confidence |
| in the House of Representatives, the President shall appoint such member as |
| the Prime Minister. |
| (6) The Prime Minister appointed under clause (5) must obtain a |
| vote of confidence under clause (4). |
| (7) In cases where the Prime Minister appointed under clause (5) |
| fails to obtain a vote of confidence or the Prime Minister cannot be appointed, |
| the President shall, on recommendation of the Prime Minister, dissolve the |
| Hous e of Representatives and appoint a date of election so that the election to |
| another House of Representatives is completed within six months. |
| (8) Procedures on the appointment of the Prime Minister under this |
| Article must be completed no later than thirty five days after the date of |
| declaration of the final results of election to the House of Representatives held |
| under this Constitution or the date on which the office of the Prime Minister |
| has fallen vacant. |
| 56 |
| (9) The President shall, on recommendation of the Prime Minister, |
| constitute the Cou ncil of Ministers comprising a maximum of twenty five |
| Ministers including the Prime Minister, in accordan ce with the inclusive |
| principle , from amongst the members of the Federal Parliament. |
| Explanation : For the purposes o f this Article, "Minister" means a Deputy |
| Prime Minister, Minister, Minister of State and Assistant Minister. |
| (10) The Prime Minister and Ministers shall be collectively |
| responsible to the Federal Parliament, and the Ministers shall be individually |
| respo nsible for the work of their respective Ministries to the Prime Minister |
| and the Federal Parliament. |
| 77. Vacation of o ffice of Prime Minister and Minister : (1) The office of the Prime |
| Minister shall be vacant in any of the following circumstances: |
| (a) if he or she tenders resignation in writing to the President, |
| (b) if a vote of confidence is not passed or a vote of no -confidence is |
| passed against him or her under Article 100 , |
| (c) if he or she ceases to be a member of the House of |
| Representatives, |
| (d) if he or she dies. |
| (2) The office of a Minister shall be vacant in any of the following |
| circumstances: |
| (a) if he or she tenders resignation in writing to the Prime Minister, |
| (b) if the Prime Minister removes him or her from office, |
| (c) if the office of Prim e Ministe r falls vacant under sub -clause (a), |
| (b) or (c) of clause (1), |
| (d) if he or she dies. |
| 57 |
| (3) If the office of Prime Minister falls vacant under clause (1), the |
| same Council of Ministers shall continue to act until another Council of |
| Ministers is cons tituted. |
| Provided that if the Prime Minister dies, the senior -most Minister shall |
| act as the Prime Minister until a new Prime Minister is appointed. |
| 78. Non-member of Federal Parliament to be Minister : (1) Notwithstanding |
| anything contained in clause (9) of Artic le 76, the President may, on |
| recommendation of the Prime Minister, appoint a person who is not a member |
| of the Federal Parliament as a Minister |
| (2) A Minister appointed under clause (1) must obtain membership |
| of the Federal Parliament within six mo nths from the date of taking oath by |
| him or her. |
| (3) In the event of failure to obtain membership of the Federal |
| Parliament within the period mentioned in clause (2), he or she shall not be |
| qualified to be reappointed to the office of Minister during the term of the then |
| House of Representatives. |
| (4) Notwithstanding anything contained in clause (1), a person who |
| has been defeated in the election to the then House of Representatives shall not |
| be qualified to be appointed to the office of Minister during the term of such |
| House of Representatives. |
| 79. Remuneration and other f acilities of Prime Minister and Ministers : The |
| remuneration and other facilities of the Prime Minister and Ministers shall be |
| as provided for in the Federal Act, and shall be as specified by the Government |
| of Nepal until such Act is made . |
| 80. Oath : The Prime Minister, Deputy Prime Minister and Ministers shall take an |
| oath of office and secrecy before the President, and Ministers of State and |
| 58 |
| Assistant Ministe rs, before the Prime Minister, as provided for in the Federal |
| law, prior to assuming their respective offices. |
| 81. To inform President : The Prime Minister shall inform the President about the |
| following matters: |
| (a) resolutions of the Council of Ministers, |
| (b) Bills to be introduced in the Federal Parliament , |
| (c) such other necessary information as commanded by the President |
| on matters set forth in clauses (a) and (b), and |
| (d) current general state of affairs of the country and matters |
| concerning foreign relations. |
| 82. Transaction of b usiness of Government of Nepal : (1) The business of the |
| Government of Nepal shall be allocated and transacted in accordance with the |
| rules approved by the Government of Nepal. |
| (2) No question may be raised in any court as to whether or not the |
| rules under clause (1) have been observed. |
| |
| 59 |
| Part-8 |
| Federal Legislature |
| 83. Federal Legislature : There shall be a Federal Legislature consisting of two |
| Houses to be known as the House of Representatives and t he National |
| Assembly , which shall be called as the Federal Parliament. |
| 84. Composition of House of Representatives : (1) The House of Representatives |
| shall consist of a total of two hundred and seventy five members, as follows: |
| (a) One hundred and sixty fiv e members to be elected through the |
| first past the post electoral system, with one being elected from |
| each election constituency of one hundred and sixty five election |
| constituencies delimited in the country on the basis of geography |
| and population, |
| (b) One hundred and ten members to be elected through the |
| proportional electoral system where voters vote for political |
| parties , with the whole country being considered as a single |
| election constituency. |
| (2) The Federal law shall provide that, in fielding cand idacy by |
| political parties for the election to the House of Representatives under the |
| proportional electoral system, representation shall be ensured on the basis of a |
| closed list also from women, Dalit , indigenous peoples, Khas Arya , Madhesi , |
| Tharu , Muslim s and backward regions, on the basis of popul ation. In so |
| fielding candidacy , regard shall also be had to geography and territorial |
| balance. |
| Explanation : For the purpose s of this clause, "Khas Arya " means Kshetri, |
| Brahmin , Thakuri , Sanyasi (Dashnami) commu nity. |
| (3) In fielding candidacy under clause (2), political parties shall |
| provide for representation of the persons with disabilities as well. |
| 60 |
| (4) Election to the House of Representatives under clause (1) shall |
| be held through secret ballots in accorda nce with law. |
| (5) Each citizen of Nepal who has completed the age of eighteen |
| years shall have the right to vote in any one election constituency as provided |
| for in the Federal law. |
| (6) A person who is qualified under Article 87 and entitled to vote in |
| an election to the members of the House of Representatives may, subject to the |
| Federal law , be a candidate in any election constituency. |
| Provided that a person shall not be a candidate in more than one election |
| constituencies at the same time. |
| (7) If the seat of any member of the House of Representatives falls |
| vacant while its term still remains for more than six months, the vacancy shall |
| be filled in the same manner of electoral system as in which such seat was |
| filled in. |
| (8) Notwithstanding anything containe d elsewhere in this Part, at |
| least one third of the total number of members elected from each political party |
| representing in the Federal Parliament must be women. If women are not so |
| elected as to constitute one third of the elected members of any politic al party |
| under sub -clause (a) of clause (1) and sub -clause (a) of c lause (2) of Article 86, |
| such political party must, in electing members under sub -clause (b) of clause |
| (1), so elect that women members constitute at least one third of the total |
| number of members elected to the Federal Parliament from that party. |
| (9) Election to the House of Representatives and other matters |
| pertaining thereto shall be as provided for in the Federal law. |
| 85. Term of House of Representatives : (1) Unless dissolved earlier pursuant to this |
| Constitution, the term of the House of Representatives shall be five years. |
| 61 |
| (2) Notwithstanding anything contained in clause (1), the term of the |
| House of Representatives may be extended by a Federal Act for a period not |
| exceeding one year in cases where a proclamation or order of a state of |
| emergency is in effect. |
| (3) The term of the House of Representatives extended under clause |
| (2) shall ipso facto expire upon the expiry of six months from the date of |
| voidance of the p roclamation or order of the state of emergency. |
| 86. Compos ition of National Assembly and term of o ffice of its m embers : (1) The |
| National Assembly shall be a permanent House. |
| (2) The National Assembly shall consist of fifty nine members as |
| follows: |
| (a) fifty six elected members consisting of at least three women, one |
| Dalit and one from person s with disabilities or minorities, from |
| each State by an electoral college composed of members of the |
| State Assembly, chairpersons and vice -chairpersons of the |
| Village Bodies , and Mayors and Deputy -Mayors of the |
| Municipal ities, with different weightage of vote by members of |
| the State Assembly, chairpersons and vice -chairpersons of the |
| Village Bodies , and Mayors and Deputy -Mayors of the |
| Municipal ities, as provided for in the Federal law, |
| (b) Three members consisting of at least one woman nominated by |
| the President on recommendation of the Government of Nepal. |
| (3) The term of office of the members of the National Assembly |
| shall be six years. The term of office of one third of the members of the |
| National Assembly shall expire in every two years. |
| Provided that, for the first time, after the commencement of this |
| Constitution, arrangements shall be made by drawing lots to retire one -third of |
| 62 |
| the members on the expiry of two yea rs, another one -third on the expiry of four |
| years, and the final one -third on the expiry of six years . |
| (4) In computing the term of office of the members of the National |
| Assembly for the first time after the commencement of this Constitution, the |
| term of office of all members shall be deemed to have commenced on the day |
| on which the first session of the National Assembly is held. |
| (5) Any vacancy of seat in the National Assembly shall be filled for |
| the remainder of the term of office in the same manner of el ection or |
| nomination as in which the seat of the vacating member was filled. |
| (6) Other matters relating to election to the members of the National |
| Assembly shall be as provided for in the Federal law. |
| 87. Qualification for m ember : (1) A person who has the following qualification |
| shall be qualified to become a member of the Federal Parliament: |
| (a) being a citizen of Nepal, |
| (b) having completed the age of twenty five years , for the House of |
| Representatives , and the age of thirty five years , for the National |
| Assembly, |
| (c) not having been convicted of a criminal offense involving moral |
| turpitude, |
| (d) not being disqualified by any Federal law, and |
| (e) not holding any office of profit. |
| Explanation : For the purposes o f this clause, "office of profi t" mean s any |
| position, other than a political position which is to be filled by election or |
| nomination, for which a remuneration or economic benefit is paid out of a |
| government fund. |
| (2) No person may be a member of both Houses at the same time. |
| 63 |
| (3) If a p erson who holds a political office to be filled by way of |
| election, nomination or appointment is elected or nominated as a member of |
| the Federal Parliament under this Part, his or her such office shall ipso facto be |
| vacant from the day on which he or she t akes an oath of office of member of |
| the Federal Parliament. |
| 88. Oath : Every me mber of each House of the Federal Parliament must , before |
| taking part for the first time in the session of the House or any of its |
| committees, t ake an oath as provided for in the Federal law. |
| 89. Vacation of s eat: The seat of a member of the Federal Parliament shall become |
| vacant in any of the following circumstances: |
| (a) if he or she tenders resignation in writing before the Speaker or |
| Chairperson, |
| (b) if he or she is no longer qualified or ceases to possess the |
| qualification under Article 87, |
| (c) if the term of the House of Representatives or the term of office |
| of the member of the National Assembly expires, |
| (d) if he or she absents himself or herself fro m ten consecutive |
| meetings, without giving notice to the concerned House, |
| (e) if the political party of which he or she was a member when |
| elected provides a notification in accordance with the Federal law |
| that he or she has defected from the party, |
| (f) if he or she dies. |
| 90. Decision as to disqualification of m ember : If a question arises as to whether |
| any member of the Federal Parliament is disqualified or has become |
| disqualified under Article 87, the Constitutional Bench of the Supreme Court |
| shall finally decide that question . |
| 64 |
| 91. Speaker and Deputy Speaker of House of Representatives : (1) The members of |
| the House of Representatives shall, not later than fifteen days of the date of |
| holding of the first meeting of the House of Representatives , elect a Speaker |
| and a Deputy Speaker from amongst themselves . |
| (2) Election under clause (1) shall be so held that there is one woman |
| out of the Speaker and the Deputy Speaker, and the Speaker and the Deputy |
| Speaker of the House of Representatives shall be repres entatives from different |
| parties. |
| Provided that if there is no representation of more than one party in the |
| House of Representatives or no candidacy is filed by more than one party in |
| spite of representation, nothing shall prevent the members of the same p arty |
| from being the Speaker and the Deputy Speaker of the House of |
| Representatives. |
| (3) If the office of the Speaker or the Deputy Speaker falls vacant, |
| the members of the House of Representatives shall fill the vacancy by electing |
| the Speaker or Deputy Speaker from amongst themselves . |
| (4) The Deputy Speaker shall, in the absence of the Speaker , chair |
| the House of Representatives . |
| (5) If election to the Speaker and the Deputy Speaker is not held or if |
| both the positions become vacant, the attending member who is by age the |
| senior -most shall chair the meeting of the House of Representatives . |
| (6) The office of the Speaker o r Deputy Speaker of the House of |
| Representatives shall become vacant in any of the following circumstances: |
| (a) if he or she ceases to be a member of the House of |
| Representatives, |
| Provided that, in the event of dissolution of the House of |
| Representatives , the Speaker and the Deputy Speaker of the |
| 65 |
| House of Representatives holding their respective offices shall |
| continue in off ice until the previous day of the filing of |
| nominations for another election to the House of Representatives, |
| (b) if he or she tenders resignation in writing, |
| (c) if a resolution is passed by a majority of two -thirds of the total |
| number of the then member s of the House of Representatives that |
| his or her conduct is not compatible with his or her office. |
| (7) The Deputy Speaker shall chair a meeting at which deliberations |
| are to be held on a resolution that the conduct of the Speaker of the House of |
| Represent atives is not compatible with his or her office. The Speaker of the |
| House of Representatives may take part and vo te in the deliberations on such |
| resolution. |
| 92. Chairperson and Vice -Chairperson of National Assembly : (1) The members of |
| the National Assembly shall, not later than fifteen days of the date of holding |
| of its first meeting , elect the Chairperson and the Vice -Chairperson of the |
| National Assembly from amongst themselves. |
| (2) Election under clause (1) shall b e so held that there is one woman |
| out of the Chairperson and the Vice -Chairp erson of the National Assembly. |
| (3) If the o ffice of the Chairperson or Vice -Chairperson of the |
| National Assembly falls vacant, the members of the National Assembly shall |
| fill the vacancy by electing its Chairperson or Vice -Chairperson from amongst |
| themselves. |
| (4) The Vice -Chairperson of the National Assembly shall, in the |
| absence of its Chairperson , chair the Nation al Assembly . |
| (5) If the election to the Chairperson and the Vice -Chairperson of the |
| National Assembly is not held or if both the positions become s vacant, the |
| 66 |
| member who is by age the senior -most out of the attending members shall |
| chair the meeting of the National Assembly . |
| (6) The office of the Chairperson or Vice -Chairperson of the |
| National Assembly shall become vacant in any of the following circumstances: |
| (a) if he or she ceases to be a member of the National Assembly , |
| (b) if he or she tenders resignati on in writing, |
| (c) if a resolution is passed by a majority of two -thirds of the total |
| number of the then members of the National Assembly that his or |
| her conduct is not compatible with his or her office. |
| (7) The Vice -Chairperson of the National Assembly shall chair a |
| meeting at which deliberations are to be held on a reso lution that the conduct |
| of the Chairperson of the National Assembly is not compatible with his or her |
| office. The Chairperson of the National Assembly may take part and vot e in |
| the deliber ations on such resolution. |
| 93. Summoning and p rorogation of s ession : (1) The President shall summon a |
| session of the Federal Parliament within thirty days of the declaration of final |
| results of the election to the House of Representatives . Thereafter, the |
| President shall , from time to time, summon sessions of both or either of the |
| Houses pursuant to this Constitution. |
| Provided that the interval between the two consecutive sessions shall |
| not exceed six months. |
| (2) The President may prorogue the session s of both or either of the |
| Houses of the Federal Parliament . |
| (3) If, during the prorogation or recess of the session of the House of |
| Representatives , one -fourth of the total number of its members write a petition |
| that it is desirable to convene a session or meet ing, the President shall specify |
| 67 |
| the date and time for such session or meeting. The House of Representatives |
| shall meet or commence its session at the date and time so specified. |
| 94. Quorum : Except as otherwise provided in this Constitution, no question or |
| resolution shall be presented for decis ion in a meeting of either House of the |
| Federal Parliament unless one -fourth of the total number of its members are |
| present. |
| 95. Address by President : (1) The President may address either a meeting of any |
| House or a joint sitting of both Houses of the Federal Parliament , and summon |
| the members for that purpose. |
| (2) The President shall ad dress the first session after election to the |
| House of Representatives and a joint sitting of both Houses of the Federal |
| Parliament after the commencement of the first session of each year. |
| 96. Deputy Prime Minister, Minister, Minister o f State and Assistant Minister |
| entitled to take part in b oth Houses : The Deputy Prime Minister, Minister , |
| Minister of State and Assistant Minister shall be entitled to attend and take part |
| in the proceedings and deliberations of either House of the Federal Parliament |
| or its committees. |
| Provided that he or she shall not be entitled to vote in a House or its |
| committee of which he or she is not a membe r. |
| 97. Formation of c ommittees : (1) The House of Representatives and the National |
| Assembly may for m committees as provided for in the Federal law. |
| (2) If a resolution is passed by either House demanding that a joint |
| committee of both the Houses be formed f or the purpose of managing the |
| working procedures between the two Houses of the Federal Parliament, |
| resolving disagreement on any Bill or for any other specified function, the joint |
| committee shall be formed. The joint committee shall consist of a maximum of |
| 68 |
| twenty five members in the ratio of five members from the House of |
| Representatives to one member from the National Asse mbly . |
| 98. Transaction of b usiness in case of vacancy in seat of m ember : Either House of |
| the Federal Parliament shall have the power to transact its business |
| notwithstanding any vacancy in the seat of its member. No proceedings of |
| either House of the Fede ral Parliament shall become invalid even if it is |
| subsequently discovered that a person who was not so entitled took part in such |
| proceedings. |
| 99. Voting : Except as otherwise provided in this Constitution, any motions |
| submitted for decision in either House o f the Federal Parliament shall be |
| decided by a majority vote of the mem bers present and voting. The member |
| chairing the meeting shall not have the right to vote. |
| Provided that he or she may cast vote in the case of a tie. |
| 100. Provisions r elating to vote o f confidence and motion of no-confidence : (1) The |
| Prime Minister may, whenever he or she considers necessary or appropriate to |
| show that he or she has confidence from the House of Representatives , table a |
| motion to that effect in the House of Representatives for the vote of |
| confidence . |
| (2) If the political party which the Prime Minister represents is |
| divided or a political party in coalition government withdraws its support, the |
| Prime Minister shall table a motion in the House of Representatives for a vote |
| of confidence within thirty days. |
| (3) If a motion tabled under clauses (1) and (2) is not passed by a |
| majority of the total number of the then members of the House of |
| Representatives, the Prime Minister shall rel ieve of his or her office. |
| 69 |
| (4) One-fourth of the total number of the then members of the House |
| of Representatives may table a motion of no-confidence in writing that the |
| House has no confidence in the Prime Minister. |
| Provided th at a motion of no confidence shall not be tabled until the first |
| two years after the appointment of the Prime Minister and until another one |
| year after the date of failure of the motion of no confidence once tabled. |
| (5) A motion of no confidence to be tabled under clause (4) shall |
| also indicate the name of a member propose d for the Prime Minister . |
| (6) If a motion of no confidence tabled under clause (4) is passed by |
| a majority of the total number of the then members of the House of |
| Representatives, the Prime Minister shall relieve of his or her office. |
| (7) If the office of Prime Minister falls vacant because of the passage |
| of a motion of no confidence under clause (6), the President shall , in |
| accordance with Article 76, appoint as the Prime Minister the member of the |
| House of Represent atives proposed under clause (5). |
| 101. Impeachment : (1) One fourth of the total number of the then members of the |
| House of Representatives may move a motion of impeachment against the |
| President or Vice -President on the ground of serious violation of this |
| Constitution and the Federal law. If the motion is passed by at least two thirds |
| majority of th e total number of the then members of both Houses of the Federal |
| Parliament, he or she shall relive of his or her office. |
| (2) One fourth of the total number of the then members of the House |
| of Representatives may move a motion of impeachment against the Ch ief |
| Justice of Nepal or a Judge of the Supr eme Court , member of the Judicial |
| Council, chief or official of a Constitutional Body on the ground of his or her |
| failure to fulfil his or her duties of office because of serious violation of this |
| Constitution and law, incompetence or misconduct or failure to discharge the |
| 70 |
| duties of office honestly or serious violation of the code of conduct . If the |
| motion is passed by at least two thirds majority of the total number of the then |
| members of the House of Representati ves, the concerned person shall reli eve |
| of his or her office. |
| (3) There shall be an impeachment recommendation committee in |
| the House of Representatives for the purpose of making recommendation after |
| inquiring into whether there exist the ground and reason for moving a motion |
| of impeachment against a ny person under clause (2). |
| (4) The committee under clause (3) shall consist of eleven members |
| of the House of Representatives. |
| (5) If at least three members of the House of Representatives certi fy |
| and submit a petition that the received information, notice or petition is |
| admissible on the ground of serious violation of the Constitution or |
| incompetence or misconduct or failure to discharge the duties of office |
| honestly or serious violation of the code of conduct by the person relieving of |
| office on impeachment under clause (2) , and the committee under cla use (3), |
| upon inquiring into such petition in accordance with Federal law, make s |
| recommendation to the House of Representatives for impeachment |
| proceedings , a mot ion of impeachment under clause (2) may be moved . |
| (6) After the commencement of impeachment proceedings under |
| clause (2) , the Chief Justice of Nepal or Judge of the Supreme Court , member |
| of the Judicial Council, chief or official of the Constitutional Body shall not be |
| allowed to discharge the duties of his or her office pending the settlement of |
| such proceedings. |
| (7) A person who is charged with impeachment under clause (1) or |
| (2) shall be provided with a reasonable opportunity to defend himself or |
| herself . |
| 71 |
| (8) Nothing shall bar the taking of action under the Federal law in |
| relation to the offence, if any, committed while in office by the President or |
| Vice -President, Chief Justice of Nepal or a Judge of the Supreme Court of |
| Nepal , member of the Judicial Cou ncil, chief or official of a Constitutional |
| Body who is relieved of office upon the passage of a motion of impeachment |
| under this Article. |
| (9) A person who is relieved of office on the passage of a motion of |
| impeachment under clause (1) or (2) shall not be entitled to obtain any facility |
| accruing from such office and to be appointed or nominated to any public |
| office in the future. |
| (10) Other matters relating to impeachment shall be as provided for in |
| the Federal law. |
| 102. Penalty for unauthorized presence or voting : If a person who has not taken oath |
| under Article 88 or who is not a member of the Federal Parliament is present or |
| votes in the capacity of member in a meeting of either House of the Federal |
| Parliament or of its committee , the person shall, by o rder of the person chairing |
| the meeting, be fined with a sum of five thousand rupees for each instance of |
| such presence or voting, and such fine shall be recovered as a government due. |
| 103. Privileges : (1) There shall be full freedom of speech in both Houses of the |
| Federal Parliament; and no member shall be arrested, detained or prosecuted in |
| any court for anything expressed or any vote cast by him or her in the House. |
| (2) Each House of t he Federal Parliamen t shall , subject to this |
| Constitution, have full power to regulate and decide its internal business , and |
| the concerned House shall have the exclusive right to decide whether or not |
| any of its proceedings is regular or irregular. No question shall be ra ised in any |
| court in this behalf . |
| 72 |
| (3) No comment shall be made about the good faith concerning any |
| proceeding of any House of the Federal Parliament, and no publication and |
| broadcasting of any kind shall be made about anything said by any member, |
| intentionally distorting or misinterpreting the meaning of the speech. |
| (4) The provisions of clauses (1) and (3) shall also apply to other |
| persons who are entitled to participate in the meetings of the House than the |
| members of the Federal Parliament. |
| (5) No proceedin gs shall be initiated in any court against any person |
| in respect of the publication , under the authority granted by any House of the |
| Federal Parliament , of any document, report, vote or proceeding. |
| Explanation : For the purposes of clauses (1), (2), (3) and (4), " House " mean s |
| the House of Representatives or the National Assembly, and include s a joint |
| sitting or committee or joint committee of the Federal Parliament . |
| (6) No member of the Federal Parliament shall be arrested during the |
| period from the issuance of a notice summoning the session to its prorogation. |
| Provided that nothing in this clause shall be deemed to bar the arrest ing |
| under the Federal law of any member on a criminal charge. If any member is |
| so arrested, the authority making s uch arrest shall forthwith give information |
| thereof to the person presiding over the concerned House . |
| (7) Any breach of the privilege s shall be deemed to constitute |
| contempt of the Federal Parliament, and the concerned House shall have the |
| exclusive right to decide whether any privilege has been breached. |
| (8) If any person is in contempt of any House , the person presiding |
| over the concerned House may, after a decision by the House to that effect, |
| admonish, warn or impose a sentence of imprisonment for a ter m not |
| exceeding three months or of a fine not exceeding ten thousand rupees on such |
| person, and such fine shall be recovered as a government due . |
| 73 |
| Provided that if such person apologies to the satisfaction of the |
| concerned House , it may pardon , remit or commute the sentence imposed on , |
| him or her. |
| (9) Other matters relating to the privileges of the Federal Parliament |
| shall be as provided for in the Federal law. |
| 104. Procedures relating to conduct of b usiness : (1) Each House of the Federal |
| Parlia ment shall frame rules to conduct its business, maintain order du ring its |
| meetings and regulate the constitution, functions and procedures of the |
| committees and procedures of the House or its committee. Until such rules are |
| framed, the Federal Parliament shall regulate its procedures on its own. |
| (2) The conduct of business of the joint sitting of the Federal |
| Parliament , and constitution and proceedings of the joint committee of the |
| Federal Parliament shall be regulated by the rules or procedures approved by |
| the joint sitting of both Houses of the Federal Parliament. |
| 105. Restriction on d iscussion : No discussion shall be held in either House of the |
| Federal Parliament on any matters that may cause adverse effect on the |
| dispensation of justice on any cases which are sub judice in any courts of |
| Nepal and on any judicial acts done by Judges in the course of performance of |
| their duties. |
| Provided that nothing in this Articl e shall be deemed to bar the |
| expression of opinions about the conduct of a Judge during deliberations held |
| on a motion of impeachment. |
| 106. Secretary General and Secretary of Federal Parliament : (1) The President shall |
| appoint the Secretary General of the House of Representatives on |
| recommendation of both the Speaker of the House of Representatives and the |
| Chairperson of the National Assembly, the Secretary of the House of |
| 74 |
| Representatives on recommendation of the Speaker , and the Secretary of the |
| National A ssembly on recommendation of the Chairperson . |
| (2) The qualification, functions, duties, powers and other conditions |
| of service of the Secretary General of the Federal Parliament, Secretary of the |
| House of Representatives and Secretary of the National Assem bly shall be as |
| provided for in the Federal law. |
| 107. Secretariat of Federal Parliament : There shall be a Secretariat for conducting |
| and managing the business of the Federal Parliament. The establishment of |
| such Secretariat and other matters related thereto shall be as provided for in the |
| Federal law. |
| 108. Remuneration : The remuneration and facilities of the Speaker and the Deputy |
| Speaker of the House of Representatives, the Chairperson and the Vice - |
| Chairperson o f the National Assembly , chairpersons of the committees and |
| members of the Federal Parliament shall be as provided for in the Federal law, |
| and as specified by the Government of Nepal until such law is made. |
| |
| 75 |
| Part-9 |
| Federal Legislative Procedures |
| 109. Legislative p owers of Federal Parliament : The legislative powers of the |
| Federal Parliament shall be as enumerated in the lists of Schedule -5, Schedule - |
| 7 and Schedule -9. |
| 110. Procedures for introduction of Bills : (1) A Bill may, subject to this |
| Constitution, be introduced in any House of the Federal Parliament. |
| Provided that a Money Bill shall be introduced only in the House of |
| Representatives . |
| (2) A Money Bill and a Bill concerning a security body including the |
| Nepal Army, Nepal Police and Armed Polic e Force , Nepal shall be introduced |
| only as a Government Bill. |
| (3) "Money Bill" mean s a Bill concerning any or all of the following |
| subjects: |
| (a) the imposition, collection, abolition, remission, al teration |
| or regulation of taxes, |
| (b) the preservation of the Federal Consolidated Fund or any |
| other Federal Government Fund, the deposit of moneys |
| into and the appropriation or the withdrawal of moneys |
| from such Funds, or the reduction, increment or |
| cancellation of appropriations or of propos ed expenditures |
| from such Funds, |
| (c) the regulation of matters relating to the borrowing of |
| money or the giving of guarantee by the Government of |
| Nepal, or any matter pertaining to the amendment of the |
| 76 |
| law with respect to any fin ancial obligations undertaken or |
| to be undert aken by the Government of Nepal, |
| (d) the custody and investment of all revenues received by |
| any Federal Government Fund, moneys acquired through |
| the repayment of loans, and grant moneys, or accounts or |
| audits of the acco unts of the Government of Nepal, or |
| (e) Other matters directly related to any of the subj ects |
| specified in clause (a), (b), (c) or (d). |
| Provided that any Bill shall not be deemed to be a Money Bill by |
| the reason only that it provides for the lev ying of any charges and fees |
| such as license fee, application fee, renewal fee or for the imposition of |
| fines or penalty of imprisonment. |
| (4) If any question arises whether a Bill is a Money Bill or not, the |
| decision of the Speaker thereon shall be final. |
| 111. Procedures for p assage of Bills : (1) A Bill passed by one House of the Federal |
| Parliament shall be transmitted to the other Hous e as soon as possible and such |
| Bill, if passed by the receiving House, shall be presented to the President for |
| assent . |
| (2) A Money Bill passed by the House of Representatives shall be |
| transmitted to the National Assembly. The National Assembly shall , after |
| deliberations on such Bill, send back the Bill to the House of Representatives |
| within fifteen days from the date of recei pt of the Bill, with suggestion s, if any. |
| (3) The House of Representatives shall, upon deliberations on a Bill |
| returned with suggestion s under clause (2), present the Bill incorporating such |
| sugges tions as it may deem appropriate to the President for asse nt. |
| 77 |
| (4) If the National Assembly does not return a Money Bill received |
| under clause (2) for more than fifteen days, the House of Representatives may |
| present the Bill to the President for assent. |
| (5) Any Bill, except for a Money Bill, passed by the House of |
| Representatives and transmitted to the National Assembly shall be returned |
| with approval or suggestions within two months from the date of receipt. If the |
| National Assembly does not return the Bill within that period, the House of |
| Representatives may, by a resolution passed by a majority of the total number |
| of its existing members, present the Bill to the President for assent. |
| (6) If any Bill , other than a Money Bill, passed by one House is |
| rejected or is passed with amendments by the other House, the Bill shall be |
| returned to the House where it originated. |
| (7) If the House of Representatives , in considering a Bill which has |
| been rejected or amended by the National Ass embly under clause (6), passes it |
| again as it was or with amendments, by a majority of the total number of its |
| existing members, the Bill shall be presented to the President for assent. |
| (8) If a Bill which has been returned with amendments by the House |
| of Representatives to the National Assembly under clause (6) is also again |
| passed, with such amendments, by a majority of the number of existing |
| members of the National Assembly, the Bill shall be presented to the President |
| for assent . |
| (9) The following Bills shall be referred to a joint sitting of the both |
| Houses , and if the joint sitting passes the Bill as it was or with amendments, |
| the House in which the Bill originated shall present it to the President for |
| assent: |
| (a) Bills which, though passed by the National Assembly , |
| have been rejected by the House of Representatives, or |
| 78 |
| (b) Bills which have been returned to the National Assembly |
| with amendments by the House of Representatives , but the |
| National Assembly has not agreed on such amendments. |
| (10) Even though the session of a House is prorogued while a Bill is |
| under its consideration, deliberations on the Bill may continue at the |
| succeeding session. |
| Provided that if the House of Representatives is dissolved or its term |
| expires when any Bill introduced in the House of Representatives is under its |
| consideration or when any Bill passed by the House of Representatives is |
| under consideration in the National Assembly , such Bill shall lapse . |
| 112. Withdrawal of Bills : One who has introduced a Bill may, with the approval of |
| the House, withdraw the Bill. |
| 113. Assent on Bills : (1) A Bill which is to be submitted to the President for assent |
| under Article 11 1 shall be so submitt ed by the Speaker or the Chairperson of |
| the House in which the Bill originated after it has been certified by him or her. |
| Provided that in the case of a Money Bill, the Speaker shall so certify. |
| (2) A Bi ll submit ted to the President for his or her assent in |
| accordance with this Article shall be assented to within fifteen days , both |
| Houses shall be informed thereof as soon as possible. |
| (3) If the President is of the opinion that any Bill , except a Money |
| Bill, submitted for assent needs reconsideration , he or she may , within fifty |
| days from the date of presentation of such Bill, return the Bill with his or her |
| message to the House in which the Bill originated. |
| (4) If any Bill is returned with a message by the President , and both |
| Houses reconsider , passes such Bill as it was or with amendments and submit it |
| again, the President shall give assent to that Bill within fifteen days of such |
| submission . |
| 79 |
| (5) A Bill shall become an Act after the Pr esident gives assent to it . |
| 114. Provisions r elating to Ordinance : (1) If, at any time, except when both Houses |
| of the Federal Parliament are in session, circumstances exist which render it |
| necessary to take immediate ac tion, the President may, on recommendation of |
| the Coun cil of Ministers, promulgate an Ordinance. |
| (2) An Ordinance promulgated under clause (1) shall have the same |
| force and effect as an Act. |
| Provided that every such Ordinance: |
| (a) shall be tabled at the session of both Houses of the Federal |
| Parliament held after the promulgation, and if not passed |
| by both Houses, it shall ipso facto cease to be effective, |
| (b) may be repeal ed at any time by the President, and |
| (c) shall, unless rendered ineffective or repealed under sub - |
| clause (a) or (b), ipso facto cease to be effective at the |
| expiration of sixty days after the day on which a meeting |
| of both Houses is held. |
| Explanation : For the purposes of this clause, "day on which a meeting |
| of both Houses is held" mean s the day on which a session or meeting of |
| both Houses of the Federal Parliament commences or is held , and this |
| term means the later day on which a meeting of the House is held if the |
| Houses of the Federal Parliament meet on different dates. |
| |
| 80 |
| Part-10 |
| Federal Financial Procedure s |
| 115. No tax to be levied or loan to be raised : (1) No tax shall be levied and |
| collected except in accordance with law. |
| (2) No loan shall be raised and guarantee given by the Government |
| of Nepal except as provided for in the Federal law. |
| 116. Federal Consolidated Fund : Except for the revenues of trusts ( Guthi ), all |
| revenues received by the Government of Nepal, all loans raised on the security |
| of reven ues, all amount s received in repayment of any loans made under the |
| authority of any Act and any other moneys received by the Government of |
| Nepal shall , except as otherwise provided by a Federal Act, be credited to a |
| Government Fund to be known as the Federal Consolidated Fund. |
| 117. Expenditures from Consolidated Fund or Government Fund : No expenditure |
| shall be incurred out of the Federal Consolidated Fund or any other Federal |
| Government Fu nd except the following: |
| (a) moneys charged on the Federal Consolidated Fund, |
| (b) moneys required to meet the expenditure under a Federal |
| Appropriation Act, |
| (c) advance moneys authorized by a Federal Act required to meet |
| expenditures, when an Appropriat ion Bill is under consideration, |
| or |
| (d) expenditures to be incurred in extraordinary circumstances under |
| a Federal V ote of Credit Act which contains only a description of |
| expenditures. |
| Provided that matters relating to the Federal Contingency Fund shall be |
| governed by Article 124 . |
| 81 |
| 118. Expenditures c hargeable on Federal Consolidated Fund : The expenditures |
| relating to the following matters shall be charged on the Federal Consolidated |
| Fund, and approval of the Federal Parliament shall not be required for such |
| expenditures: |
| (a) the amount required as remuneration and facilities of the |
| President and the Vice -president, |
| (b) the amount required as remuneration and facilities payable to the |
| Chief Justice of Nepal, Judges o f the Su prem e Court, and |
| members of the Judicial Council, |
| (c) the amount required as remuneratio n and facilities payable to the |
| Speaker and the Deputy Speaker of the House of |
| Representatives, and the Chairperson and the Vice Chairperson |
| of the National Ass embly, |
| (d) the amount required as remuneration and facilities payable to the |
| chiefs and officials of the Constitutional Bodies, |
| (e) the amount required as remuneration and facilities of the Chiefs |
| of States, |
| (f) the administrative expenses of the Office of the President or the |
| Vice President, the Supreme Court, the Judicial Counci l, the |
| Constitutional Bodies, and the offices of Chiefs of States, |
| (g) all charges relating to debts for which th e Government of Nepal |
| is liable, |
| (h) any sum required to satisfy any judgment or decree made by a |
| court against the Government of Nepal, and |
| (i) any other sum to be chargeable by the Federal law on the Federal |
| Consolidated Fund. |
| 82 |
| 119. Estimates of revenues and expenditures : (1) The Minister for F inance of the |
| Government of Nepal shall, in respect of every financial year, lay before the |
| joint sitting of both Houses of the Federal Parliament an annual estimate |
| setting out , inter alia , the following matters: |
| (a) an estimate of revenues, |
| (b) the money s required to meet the charges on the Federal |
| Consolidated Fund, and |
| (c) the moneys required to meet the expe nditure to be provided for |
| by a Federal Appropriation Act. |
| (2) The annual estimate to be laid pursuant to clause (1) shall also be |
| accompanied by a statement of the expenses allocated to every Ministry in the |
| previous financial year and particulars of whether the objectives of the |
| expenses have been achieved. |
| (3) The Minister for Finance of the Government of Nepal shall lay |
| before the Federal Parliament an estimate of revenues and expenditures under |
| clause (1) on the 15th day of Jesta (mid May) each year. |
| 120. Appropriation Act : The moneys to be spent under an Appropriation Act shall |
| be specified under concerned heads in an Appropriation Bill . |
| 121. Supplementary e stimates : (1) The Minister for Finance of the Government of |
| Nepal may lay before the House of Representatives a supplementary estimate |
| if it is found in any financial year, - |
| (a) that the sum authorized to be spent for a particular service by the |
| Appropriation Act for the current financial year is insufficient, or |
| that a nee d has arisen for expenditures on some new service not |
| provided for by the Appropriation Act for that year, or |
| 83 |
| (b) that the expenditures made during that financial year are in |
| excess of the amount authorized by the Appropriation Act. |
| (2) The sums include d in the supplementary estimate shall be |
| specified under the related heads in a Supplementary Appropriation Bill. |
| 122. V otes on a ccount : (1) Notwithstanding anything contained elsewhere in this |
| Part, a portion of the expenditure estimated for the financial year may, when an |
| Appropriation Bill is under consideration, be incurred in advanc e, as provided |
| for in the Federal Act. |
| (2) A V ote on Accou nt Bill shall not be introduced until the estimates |
| of revenues and expenditures have been laid in ac cordance with Article 119 , |
| and the sums involved in the V ote on Account shall not exceed one -third of the |
| estimate of expenditures for the financial year. |
| (3) The expenditures incurred in accordance with the Federal V ote |
| on Account Act shall be included in the Appropriation Bill. |
| 123. V otes of c redit: Notwithstanding anything contained elsew here in this Part, if |
| owing to an emergency due to either natural ca uses or a threat of external |
| aggression or internal disturbances or other reasons, it appears to be |
| impractical or inexpedient in view of the security or interest of the country to |
| specify the d etails required under Article 119 , the Minister for Finance of the |
| Government of Nepal may lay before the House of Representatives a V ote of |
| Credit Bill giving only a statement of expenditures. |
| 124. Federal contingency f und: (1) A Federal Act may create a fund to be known as |
| the contingency f und into which such moneys as may be determined by the |
| Federal Act shall be paid from time to time . |
| (2) The Government of Nepal shall control the f und under clause (1) , |
| and may meet any unforeseen expenditure out of such f und. |
| 84 |
| (3) The amount of the expen diture under clause (2) shall be |
| reimbursed as soon as possible as provided for in the Federal Act. |
| 125. Act relating to financial p rocedures : Matters relating to the transfer of moneys |
| appropriated by the Federal Act from one head to another and other fin ancial |
| procedures shall be as provided for in the Federal Act. |
| |
| 85 |
| Part-11 |
| Judiciary |
| 126. Courts to exercise powers relating to j ustice : (1) Powers relating to justice in |
| Nepal shall be exercised by courts and other judicial bodies in ac cordance with |
| this Constitution, other laws and the recognized principles of justice. |
| (2) All shall abide by the orders or decisions made in the cour se of |
| trial of lawsuits by the c ourts. |
| 127. Courts : (1) There shall be the following c ourts in Nepal: |
| (a) Supreme Court, |
| (b) High Court, and |
| (c) District Court. |
| (2) In addition t o the c ourts under clause (1), judicial bodies may be |
| formed at the Local level to tr y cases under law or other bodies as required |
| may be formed to pursue alternative dispute settlement methods. |
| 128. Supreme Court : (1) There shall be a Supreme Court in Nepal. |
| (2) The Supreme Court shall be a court of record. All courts and |
| judicial bodies shall, except as otherwise provided in this Constitution, be |
| under the Supreme Court. The Supreme Court shall have the final authority to |
| interpret this Constitution and laws. |
| (3) The Supreme Court may inspect, supervise an d give necessary |
| directives to, it and courts, specialized courts or other judicial bodies under its |
| jurisdiction, in relation to matters relating to judicial administration or |
| management. |
| (4) All must abide by any interpretation of the Constitution or a law |
| made by or any legal principle laid down by the Supreme Court in the course |
| of trying a lawsuit. If anyone makes obstruction in the dispensation of justice |
| 86 |
| by, or disregard any order or judgment handed down by, it or any of its |
| subordinate courts, the Supreme Court may , in accordance with law, initiate |
| proceedings and impose punishment for contempt . |
| 129. Appointment and q ualification of Chief Justice of Nepal and Judges of |
| Supreme Court : (1) The Supreme Court shall consist of a maximum of twenty |
| Judges, in addition to the Chief Justice of Nepal. |
| (2) The President shall appoint the Chief Justice, on recommendation |
| of the Constitutional Council, and other Judges of the Supreme Court, on |
| recommendation of the Judicial Council. |
| (3) Any person who has served as a Judge of the Supreme Court for |
| at least three years shall be qualified for appointment as the Chief Justice. |
| (4) The term of of fice of the Chief Justice shall be six years . |
| (5) Any citizen of Nepal who has obtained a bachelor 's degree in law |
| and served as the Chief Judge or a Judge of a High Court for at least five years |
| or who has obtained a bachelor 's degree in law and constantly practiced law as |
| a senior advocate or advocate for at least fifteen years or who is a distinguished |
| jurist having constantly worked for at least fifteen years in the judicial or legal |
| field or who has served in the post of Gazetted first class or a higher post of the |
| Judicial Service for at least twelve years shall be deemed qualified for |
| appointment as a Judge of the Supreme Court. |
| Explanation : The period during which one has served as the Chief Judge or |
| Judge of an Appellate Court prior to the commencement of this Constitution |
| shall, for the purposes of this clause, be deemed to be the period of service in |
| the capacity of the Chief Judge or Judge of the High Court. |
| (6) If the office of the Chief Justice falls vacant or the Chief Justice |
| is unable to carry out the duties of his or her office by reason of illness or |
| otherwise or he or she cannot be present in the Supreme Court by reason of a |
| 87 |
| leave of absence or his or her bei ng outside of Nepal, the senior -most Judge of |
| the Supreme Court shall act as the Acting Chief Justice. |
| 130. Conditions of service and f acilities of Chief Justice and Judge s: (1) If the Chief |
| Justice or a Judge of the Supreme Court who has served for at lea st five years |
| resigns or undergoes compulsory retirement or dies, he or she shall be entitled |
| to suc h pension as may be provided for in the Federal law. |
| (2) Except as otherwise provided in this Constitution, the |
| remuneration and other conditions of service of the Chief Justice and Judges of |
| the Sup reme Court shall be provided for in the Federal law. |
| (3) Notwithstanding anything contained in clauses (1) a nd (2), the |
| Chief Justice or a Judge of the Supreme Court who has been removed from |
| office by way of impe achment or who has been punished by a court for a |
| criminal offence involving moral turpitude shall not be entitled to gratuity or |
| pension. |
| (4) The remuneration and other conditions of service of the Chief |
| Justice or a Judge of the Supreme Court shall not b e altered to his or her |
| disadvantage. |
| Provided that this provision shall not apply in cases where a state of |
| emergency is declared because of extreme economic disarrays. |
| 131. Vacation of office of Chief Justice or Judge of Supreme Court : The office of |
| the Chief Justice or a Judge of the Supreme Court shall be vacant in any of the |
| following circumstances: |
| (a) if he or she tenders resignation in writing before the President , |
| (b) if he or she atta ins the age of sixty -five years, |
| (c) if a motion of impeachment is passed against him or her under |
| Article 101, |
| 88 |
| (d) if the President removes from office the Chief Justice, on |
| recommendation of the Constitutional Council, and the Judge of |
| the Supreme Court, on recommendation of the Judicial Cou ncil, |
| on the ground that he or she is unable to discharge his or her |
| duties becaus e of physical or mental illness, |
| (e) if he or she is punished by a court for a criminal offence |
| involving moral turpitude, |
| (f) if he or she dies. |
| 132. Chief Justice and Judge s of Supreme C ourt not to be engaged in any o ther |
| office: (1) No Chief Justice or Judge of the Supreme Court shall be engaged in |
| or deputed to any office other than that of Judge. |
| Provided that the Government of Nepal may, in consultation with the |
| Judicial Council, depute a Judge of the Supreme Court to work concerning |
| judicial inquiry, or to legal or jud icial investigation or research for a specified |
| period. |
| (2) No person who has o nce held the office of Chief Justice or a |
| Judge of the Supreme Court shall be eligible for appoi ntment to any |
| government office, except as otherwise provided in this Constitution. |
| 133. Jurisdiction of Supreme Court : (1) Any citizen of Nepal may file a peti tion in |
| the Supreme Court to have any law or any part thereof declared void on the |
| ground of inconsistency with this Constitution because it imposes an |
| unreasonable rest riction on the enjoyment of any fundamental right conferred |
| by this Cons titution or on any other ground, or to have any law or any part |
| thereof made by a State Assembly declared void because it is inconsistent with |
| any law made by the Federal Parliament or to have any law or any part thereof |
| made by a Municipal Assembly or Village Assembly d eclared void because it |
| is inconsistent with a law made by the Federal Parliament or the State |
| 89 |
| Assembly , and the Supreme Court shall have an extra -ordinary power to |
| declare that law to be void either ab initio or from the date of its decision if the |
| law appears to be so inconsistent . |
| (2) The Supreme Court shall, for the enforcement of the fundamental |
| rights conferred by this Cons titution or of any other legal right for which no |
| other remedy has been provided or for which the remedy even though provided |
| appears to be inadequate or ineffective or for the settlement of any |
| constitutional or legal question involved in any dispute of public interest or |
| concern, have the extraordinary power to issue necessary and appropriate |
| orders , provide appropriate remedie s, enforce such right or settle such dispute. |
| (3) Under the extra -ordinary jurisdiction under clause (2 ), the |
| Supreme Court may issue appropriate orders and writs including the writs of |
| habeas corpus , mandamus , certiorari , prohibition and quo warranto . |
| Provided that except on the ground of lack of jurisdiction, the Supreme |
| Court shall not under this clause interfere with any internal proceedings of the |
| Federal Parliament or State Assembly, and with any proceedings instituted by |
| the Federal Parliament or Sta te Assembly concerning violation of its privileges |
| and penalties imposed therefor. |
| (4) Subject to this Constitution, t he Supreme Court shall , as provided |
| in a Federal law, have the power to originally try and settle cases, hear appeals, |
| test judgments referred for confirmation, revise cases, hear petitions or review |
| its judgments or final orders. Judges other than those having handed down the |
| previous judgment shall make such review. |
| (5) The Supreme Court shall settle appeals from cases originally |
| tried and settled by a High Court and matters of public importance involving |
| questions of interpretation of the Constitution and law or cases recommended |
| 90 |
| by a High Cou rt, accompanied by its opinion, that it is reasonable that decision |
| be made by the Supreme Cou rt. |
| (6) Other powers and procedures of the Supreme Court shall be as |
| provided for in the Federal law. |
| 134. Power to transfer of c ases: (1) If cases which involve substant ially the same |
| questions are sub judice before the Supreme Court and a High Court , and the |
| Supreme Court is satisfied on its own or on application by the Attorney |
| General or parties to such case s that such questions are of public importance, |
| the Supreme Court shall have the power to procure and adjudge the cases |
| together. |
| (2) If there e xists a special situation wher e judicial impartiality can |
| be questioned if a case filed in a High Court is tried by that Court, the Supreme |
| Court may , for reasons and grounds to be recorded, order such case to be |
| transferred from such High Court to another High Court and tried by the latter |
| High Court , in accordance with law. |
| 135. Not to be engaged in practice of law : No Chief Justice or Judge of the Supreme |
| Court may, after retirement from service, be engaged in the practice of law, |
| mediation or arbitratio n proceedings before any office or court. |
| 136. Responsibility of Chief Justice : The Chief Justice shall have the ultimate |
| responsibility to make effective the administration of justice by the Supreme |
| Court , subordinate courts, specialized courts or other j udicial bodies. |
| 137. Formation of Constitutional Bench : (1) The re shall be a Constitutional Bench |
| in the Supreme Court . The Constitutional Bench shall consist of the Chief |
| Justice and other four Judges designated by the Chief Justice on |
| recommendation of the Judicial Council. |
| 91 |
| (2) The Bench under clause (1) shall originally try and settle the |
| following cases, in addition to the petitions filed in accordance with clause (1) |
| of Article 133: |
| (a) Disputes relating to jurisdiction between the Federation and a |
| State, between States, between a State and a Local l evel and |
| between Local l evels, |
| (b) Disputes relating to election to members of the Federal |
| Parliament or State Assembly and matters relating to |
| disqualification of a member of the Federal Parliament or of the |
| State Assembly. |
| (3) Notwithstanding anything contained in Article 133, if it appears |
| that any case sub judice in the Supreme Court involves a question of serious |
| constitutional interpretation, the Chief Justice may appoint such case to be tried |
| by the Bench under clause (1). |
| (4) Other provisions relating to the functioning of the Constitutional |
| Bench shall be as determined by the Supreme Court. |
| 138. Annual report : (1) The Supreme Court, Judicial Council and Judicial Service |
| Commission shall, every year, submit annual report s to the President , and th e |
| President shall submit such report s to the Federal Parliament through the Prime |
| Minister. |
| (2) If the Federal Parliament, upon deliberating on the annual reports |
| submitted under clause (1), deems it necessary to give any suggestion, it may |
| give such suggestion to the concerned body through the Government of Nepal, |
| Ministry of Law and Justice. |
| (3) Other provisions relating to annual reports under clause (1) shall |
| be as provided for in the Federal law. |
| 139. High Courts : (1) There shall be a High Court in each State. |
| 92 |
| (2) If anyone makes obstruction in the dispensation of justice by, or |
| disregard any order or judgmen t handed down by, it or any of its subordinate |
| courts or judicial bodies, the High Court may initiate proceedings on and |
| impose punishment for contempt, as provided for in the Federal law. |
| (3) Each High Court shall consist of such number of Judges, in |
| addition to t he Chief Judge, as provided for in the Federal law. |
| 140. Appointment and qualification of Chief J udge and J udges of High Court : (1) |
| The C hief Justice shall, on recommendation of the Judicial Council, appoint |
| the Chief Judge and Judges of the High Court. |
| (2) Any citizen of Nepal who has obtained a bachelor 's degree in law |
| and served as a Judge of a District Court for at least five years or who has |
| obtained a bachelor 's degree in law an d constantly practiced law as a senior |
| advocate or advocate for a t least ten years or who has constantly been engaged |
| in the teaching or research of law or in any other field relation to law or justice |
| for at least ten years or who has served in the post of at least Gazetted first |
| class of the Judicial Service for at le ast five years shall be deemed qualified for |
| appointment as the Chief Judge or a Judge of the High Court. |
| (3) Appointments to the Chief Judge and Judges of a High Court |
| shall be made from amongst the persons who have possessed the qualification |
| under claus e (2) on the basis of the proportion of cases settled by him or her |
| annually and of evaluation of cases upheld, quashed or reversed by superior |
| court s in the course of final decision thereof, in the case of a District Judge, |
| and of his or her seniority, qu alification and evaluation of standard of |
| performance of business , in the case of a person who has served in the post of |
| at least Gazetted first class of the Judicial Service, and of evaluation of |
| seniority, professional continu ity, honesty, professional condu ct and |
| contribution made to the field of law and justice , in the case of other s. |
| 93 |
| (4) If the office of the Chief Ju dge falls vacant or the Chief Judge is |
| otherwise unable to carry out the duties of his or her office or cannot be present |
| in the High Court by reason of a leave of absence or his or her being outside of |
| the State , the senior -most Judge of the High Court shall act as the Acting Chief |
| Judge . |
| 141. Conditions of s ervice and f acilities o f Chief Judge and Judges : (1) Except as |
| otherwise provided in this Constitution, the remuneration and other conditions |
| of service of the Chief Judge and Judges of the High Court shall be provided |
| for in the Federal law. |
| (2) Notwithstanding anything contained in clause (1), the Chief |
| Judge or a Judge of a High Court who has been removed from office upon |
| action by the Judicial Council or upon punishment by a court for a criminal |
| offence involving moral turpitude shall not be entitled to gratuity or pension. |
| Provided that this provision shall not apply in cases w here the Judicial |
| Council has removed him or her from office on the ground of inability to |
| perform the duties of his or her office because of physical or mental illness. |
| (3) The remuneration and other conditions of service of the Chief |
| Judge or a Judge of the High Court shall not be altered to his or her |
| disadvantage. |
| Provided that this provision shall not apply in cases where a state of |
| emergency is declared because of extreme economic disarrays. |
| 142. Vacation of office of Chief Judge or Judge : (1) The office of Chief Judge or |
| Judge of a High Court shall be vacant in any of the following circumstances: |
| (a) if he or she tenders resignation in writing before the Chief |
| Justice, |
| (b) if he or she attains the age of sixty -three years, |
| 94 |
| (c) if he or she is removed from office by the Chief Justice on |
| recommendation of the Judicial Council, on the ground of |
| his or her incompetence, bad conduct, failure to perform |
| his or her duties honestly, performance of business with |
| mala fide intention or serious violation by him or her of |
| the code of conduct required to be observed by him or her, |
| (d) if he or she is removed from office by the Chief Justice on |
| recommendation of the Judicial Council on the ground |
| that he or she is unable to discharge his or her duties |
| becaus e of physical or mental illness, |
| (e) if he or she is punished by a court for a criminal offence |
| involving moral turpitude, |
| (f) if he or she dies. |
| (2) A Judge who is facing a charge shall be provided with a |
| reasonable opportunity to defend himself or herself prior to removing him or |
| her from the office unde r sub -clause (3) of clause (1). The Judge against whom |
| the proceedings have been so instituted shall not be allowed to perform the |
| duties of his or her office until the proceedings are completed. |
| (3) Nothing shall bar the institution of action in accordance with the |
| Federal law against the Chief Judge or Judge who has been removed from |
| office for an off ence which he or she has committed while in office. |
| 143. Chief Judge and Judge s not to b e engaged in any other o ffice and provisions |
| relating to t ransfer : (1) No Chief Judge or Judge of a High Court shall be |
| engaged in or deputed to any office other than that of Judge. |
| Provided that the Government of Nepal may, in consultation with the |
| Judicial Council, depute a Judge of the High Court to work concerning judicial |
| 95 |
| inquiry, or to legal or judicial investigation or research or to any business of |
| national conc ern for any specific period. |
| (2) The Chief Justice may, on recommendation of the Judicial |
| Council, transfer a Judge of a High Court to another High Court. |
| 144. Jurisdiction of High Court : (1) The High Court shall have the power to issue |
| necessary and appropriate orders , for the enforcement of the fundamental |
| rights conferred by this Constitution or for the enforcement of any other legal |
| right for which no other remedy has been provided or for which the remedy |
| even though provided appears to be inadequate or ineffective or for the |
| settlement of any legal question involved in any dispute of public interest or |
| concern, |
| (2) For the purposes of clause (1 ), the High Court may issue |
| appropriate orders and writs including the writs of habeas corpus , mandamus , |
| certiorari , prohibition and quo warranto . |
| Provided that except on the ground of absence of jurisdiction, the High |
| Court shall not under this clause interfere with any internal proceedings of the |
| Federal Parliament or State Assembly, and with any proceedings instituted by |
| the Federal Parliament or State Assembly concerning violation of its privileges |
| and penalties imposed therefor. |
| (3) The High Court shall, in accordance with the Federal law, have |
| the power to originall y try and settle cases, hear appeals and test judgments |
| referred fo r confirmation. |
| (4) Other powers and procedures of the High Court shall be as |
| provided by the Federal law. |
| 145. Power to transfer c ases: (1) If a High Court is of the opinion that a case which |
| is sub judice in a subordinate court within its jurisdiction involves a question |
| relating to a State law and it is essential to settle that question in order to |
| 96 |
| decide the case, the High Court may procure the case and dispose the case |
| wholly or decide only such question and remand the case to the court of first |
| instance. |
| (2) If it is satisfied with the reason that there exists a situation where |
| judicial impartiality can be questioned if a case filed in a District Court is tried |
| by that Court, th e High Court may, for reasons and grounds to be recorded, |
| order such case to be transferred from such District Court to another District |
| Court under its jurisdiction and tried by the latter District Court, as provided |
| for in the Federal law. |
| 146. To be engaged in practice of l aw: A person who has retired from the office of a |
| Judge of a High Court may be engaged in the practice of law before the |
| Supreme Court and a High Court, other than the High Court where he or she |
| has served as a Judge and a subordina te court. |
| 147. Responsibility of Chief Ju dge: The Chief Judge shall have the ultimate |
| responsibility to make effective the administration of justice by the High Court |
| and the C ourts or other judicial bodies which are subordinate to it . For that |
| purpose, t he Chief Judge may, subject to this Constitution and the Federal law, |
| give necessar y direction to the subordinate C ourts and judicial bodies. |
| 148. District Courts : (1) There shall be a District Court in each District. |
| (2) The L ocal level judicial bodies established in accordance with |
| the State law shall be subordinate to the District Court. The District Court may |
| inspect as well as supervise and give necessary direction to its subordinate |
| judicial bodies . |
| 149. Appointment, qualification, remuneration and other c onditi ons of s ervice of |
| Judges of District Courts : (1) The Chief Justice shall, on recommendation of |
| the Judicial Council, appoint Judges of the District Courts. |
| 97 |
| (2) The vacant posts of Judge s of the District Court shall be filled a s |
| follows: |
| (a) twenty percent of the vacant posts , on the basis of evaluation of |
| seniority, qualification and competency, from amongst the |
| officers who have obtained bachelor's degree in law and served |
| for at least three years in the post of Gazetted Second Class of the |
| Judicial Service, |
| (b) forty percent of the vacant posts , on the basis of open |
| competitive examination, from amongst the officers who have |
| obtained bachelor's degree in law and served for at least three |
| years in the post of Gazetted Second Class of the Judicial |
| Service, |
| (c) the remainin g forty percent of the vacan t posts , on the basis of |
| open competitive examination, from amongst the citizens of |
| Nepal who, having obtained bachelor's degree in law, have |
| constantly practiced law for at least eight years as an advocate or |
| who, having obtained bachelor's degree in law, have served in a |
| Gazetted post of the Judicial Service for at least eight years or |
| have constantly been engaged in the teaching or research of law |
| or served in any other fie ld of law or justice for at least eight |
| years. |
| (3) The Judicial Service Commission shall, in accordance with the |
| Federal law, hold written and oral competitive examinations for the persons |
| who have possessed the qualification under sub -clauses (b) and (c) of clause |
| (2), and make recommendation, in order of merit, to the Judicial Council for |
| appointment as District Judges. |
| 98 |
| (4) The remuneration and other conditions of service of the Judges |
| of the District Cou rt shall be provided for in the Federal law. |
| (5) The remuneration and other conditions of service of a Judge of |
| the District Court shall not be altered to his or her disadvantage. |
| Provided that this provision shall not apply in cases where a state of |
| emergency is declared because of extreme economic disa rrays. |
| (6) The office of a Judge of the District Court shall be vacant in any |
| of the following circumstances: |
| (a) if he or she tenders resignation in writing before the Chief |
| Justice, |
| (b) if he or she attains the age of sixty -three years, |
| (c) if he or she is removed from office by the Chief Justice on |
| recommendation of the Judicial Council, on the ground of |
| his or her incompetence, misconduct, failure to perform |
| his or her duties honestly, performance of business with |
| mala fide intention or serious violati on by him or her of |
| the code of conduct required to be observed by him or her, |
| (d) if he or she is removed from office by the Chief Justice on |
| recommendation of the Judicial Council on the ground |
| that he or she is unable to continue service and discharge |
| his or her duties becaus e of physical or mental illness, |
| (e) if he or she is punished by a court for a criminal offence |
| involving moral turpitude, |
| (f) if he or she dies. |
| (7) A District Judge who is accused shall be given a reasonable |
| opportunity to defend h imself or herself before removing him or her from |
| 99 |
| office under sub -clause (c) of clause (6). The District Judge against whom the |
| proceedings are so initiated shall not perform the duties of his or her office |
| until the proceedings are completed. |
| (8) Nothing shall prevent the instituting of action , in accordance with |
| the Federal law, against a District Judge who is removed from office for an |
| offence which h e or she has committed while in office. |
| 150. District Judges not to be engaged in any o ther office and provisions r elating to |
| transfer : (1) No District Judge shall be engaged in or deputed to any office |
| other than that of Judge. |
| Provided that the Government of Nepal may, in consultation with the |
| Judicial Council, depute a District Judge to work concerning judicial inquiry, |
| or to legal or judicial investigation or research and to any election related work, |
| for a specified period. |
| (2) The Chief Justice may, on recommendation of the Judicial |
| Council, transfer a District Judge from one District Court to another District |
| Court. |
| 151. Jurisdiction of District Court : (1) Except as otherwise provided by the Federal |
| law, a District Court shall have the power to originally try and settle all cases |
| under its jurisdiction , to try petitions under law, including petitions of habeas |
| corpus and prohibition, hear appeals under law from decisions made by quasi - |
| judicial bodies, hear appeals from decisions made by L ocal leve l judicial |
| bodies formed under the State law, institute contempt proceedings and punish |
| for contempt under the Federal law if anyone makes obstruction in the |
| dispensation of justice by , or disregards any order or judgment by, it or any of |
| its subordinate courts. |
| (2) Other provisions relating to the jurisdiction and procedures of the |
| District Courts shall be as provided for in the Federal law. |
| 100 |
| 152. Specialized c ourts : (1) Other specialized courts, judic ial bodies or tribunals |
| may be formed to try and settle specific types and nature of cases other than |
| those mentioned in Article 127, as provided for in the Federal law. |
| Provided that no specialized court, judicial body or tribunal shall be |
| formed for any specific case. |
| (2) No criminal offence involving imprisonment for a term of more |
| than one year shall fall under the jurisdiction of a body other than a court, |
| specialized court, military court or judicial body. |
| 153. Judicial Council : (1) There shall be a Judicial Council to make |
| recommendation or give advice, in accordance with this Constitution, on the |
| appointment of, transfer of, disciplinary action against, and dismissal of, |
| Judges, and other matters relating to the administration of justice, which shall |
| consist of the following as its chairperson and members: |
| (a) The Chief Justice - Chairperson |
| (b) The Federal Minister for Law and Justice - Member |
| (c) The senior -most Judge of the Supreme |
| Court - Member |
| (d) One jurist nominated by the President on |
| recommendation of the Prime Minister |
| - Member |
| (e) A senior advocate or advocate who has |
| gained at least twenty years of experience, |
| to be appointed by the President on |
| recommendation of the Nepal Bar |
| Association - Member |
| 101 |
| (2) The term of office of the members under sub-clauses (d) and (e) |
| of clause (1) shall be four years, and their remuneration and facilities shall be |
| equivalent to those of a Judge of the Supreme Court. |
| (3) The members under sub-clauses (d) and (e) of clause (1) shall be |
| removed from office in the same manner and on the same grounds as a Judge |
| of the Suprem e Court. |
| (4) The chairperson and a member of the Judicial Council may study |
| the case associated with a complaint filed in respect of any Judge, and make a |
| report thereof to the Judicial Council. |
| (5) If a preliminary inquiry of a complaint filed in respect of any |
| Judge reveals a need to have a detailed inquiry by an expert, the Judicial |
| Council may form an inquiry committee. |
| (6) If a Judge, other than a Judge who can be removed from office |
| by way of impeachment in accordance with this Constitution, commits a n |
| abuse of authority by way of corruption, the Judicial Council may investigate |
| into the matter and institute a case in accordance with law. |
| (7) The Judicial Council must prepare updated records of the persons |
| who are qualified for appointment to offices of the Chief Justice , Judges of the |
| Supreme Court, Chief Judge s and Judge s of the High Courts. |
| (8) Other functions, duties and powers of the Judicial Council shall |
| be as provided for in the Federal law . |
| 154. Judicial Service Commission : (1) I n appointing, transferring or promoting |
| gazetted officers of the Federal Judicial Service or taking departmental action |
| concerning such officers in accordance with law, the Government of Nepal |
| shall act on recommendation of the Judicial Service Commission. |
| Provided tha t in making new permanent appointments to gazetted posts |
| of the Federal Judicial Service from persons who are not already in the Federal |
| 102 |
| Government Service or making promotions from non -gazetted posts of the |
| Federal Judicial Service to gazetted ones of that Service, the Government of |
| Nepal shall act on the recommendation of the Public Service Commission. |
| Explanation : For the purposes of this Article, the Public Service |
| Commission shall hold open and internal competitive examinations to be held |
| for app ointment s to Gazetted posts of the Federal Judicial Service. |
| (2) The Judicial Service Commission shall consist of the following |
| as its chairperson and members: |
| (a) The Chief Justice - Chairperson |
| (b) The Federal Minister for Law and |
| Justice - Member |
| (c) The seniormost Judge of the |
| Supreme Court - Member |
| (d) The Chairperson of the Public |
| Service Commission - Member |
| (e) The Attorney General - Member |
| (3) Other functions, duties, powers and procedures of the Judicial |
| Service Commission shall be as provided for in the Federal law. |
| 155. Provisions relating to conditions of service and f acilities : Provisions relating to |
| the remuneration, facilities and conditions of s ervice of the employees of the |
| Federal Judicial Service shall be as p rovided for in the Federal Act. |
| 156. Provisions r elating to State Judicial Service Commission : Provisions relating to |
| the formation of a State Judicial Service Commission and the remuneration, |
| 103 |
| facilities and conditions of service of the employees of a State Judicial S ervice |
| shall be as provided for in the Federal law. |
| |
| 104 |
| Part- 12 |
| Attorney General |
| 157. Attorney General : (1) There shall be an Attorney General of Nepal. |
| (2) The President shall, on recommendation of the Prime Minister, |
| appoint the Attorney General. The Attorney General shall hold office during |
| the pleasure of the Prime Minister. |
| (3) A person who is qualified to be appointed as a Judge of the |
| Supreme Court shall be eligible to be appointed as the Attorney General. |
| (4) The office of the Attorney General shall be vacant in any of the |
| following circumstances: |
| (a) if he or she tenders resignation in writing to the President through |
| the Prime Minister, |
| (b) if he or she is removed from office by the President on |
| recommendation of the Prime Minister , |
| (c) if he or she dies. |
| (5) The remuneration and other facilities of the Attorney General |
| shall be similar to those of a Judge of the Supreme Court. Other conditions of |
| service of the Attorne y General shall be in accordance with law. |
| 158. Functions, duties and p owers of Attorney General : (1) The Attorney General |
| shall be the chief legal advisor to the Government of Nepal. It shall be the duty |
| of the Attorney General to give opinions and advic es on constitutional and |
| legal matters to the Government of Nepal and such other authorities as the |
| Government of Nepal may specify. |
| (2) The Attorney General or government attorneys subordinate to |
| him or her shall represent the Government of Nepal in lawsu its wherein the |
| rights, interests or concerns of the Government of Nepal are involved. Except |
| 105 |
| as provided otherwise in this Constitution, the Attorney General shall have the |
| right to make a final decision as to whether to institute any case on behalf of |
| the Government of Nepal in any court , judicial body or authority. |
| (3) Opinion of the Attorney General must be obtained for |
| withdrawing a case filed on behalf of the Government of Nepal. |
| (4) The Attorney General may, upon in vitation by the Federal |
| Parliament or any of its committees, to appear and express his or her opinion |
| on any legal question in such a meeting . |
| (5) In the course of discharging the duties of his or her office, the |
| Attorney General shall have the right to appe ar in any Court, offi ce and |
| authority of Nepal. |
| (6) The Attorney General shall, in the course of performing his or |
| her duties, have the power to carry out the following acts, in addition to that set |
| forth in clause (2): |
| (a) to defend, on behalf of the Government of Nepal, any lawsuit in |
| which the Government of Nepal is a plaintiff or a defendant, |
| (b) to monitor, or cause to be monitored, whether any interpretation |
| given to a law or any legal principle laid down by the Supreme |
| Court in the course of hearing o f lawsuits has been implemented, |
| (c) if a complaint is made alleging that any person held in custody |
| has not been treated humanely subject to this Constitution or |
| such person has not been allowed to meet his or her relative o r |
| through his or her legal practitioner or if information of such |
| matter is received, to inquire thereinto and give necessary |
| directive to the concerned authority to prevent such act. |
| (7) The Attorney General may so delegate his or her functions, |
| duties an d powers under this Article to his or her subordinate government |
| 106 |
| attorneys as to be exercised and complied with subject to the specified |
| conditions. |
| (8) In addition to the functions, duties and powers mentioned in this |
| Article, other functions, duties and powers of the Attorney General shall be |
| pursuant to this Constitution and the Federal law. |
| 159. Annual report : (1) The Attorney General shall, every year, submit to the |
| President an annual report on the works which he or she has performed |
| pursuant to this Constitution and the Federal law, and the President shall cause |
| such report to be laid before the Federal Parliament through the Prime |
| Minister. |
| (2) The annual report to be submitted pursuant to clause (1) shall set |
| out, inter alia , the number of advices and opinions on constitutional and legal |
| matters rendered by him or her throughout the year, and short description of |
| such advices and opinions, details of cases institute d as state cases, details of |
| defenc e made in lawsuits in whic h the Government of Nepal is a plaintiff or |
| defendant, details of reforms to be made in the future in relation to cases to be |
| instituted as state cases and information relating to crime trends. |
| 160. Chief Attorney : (1) There shall be a Chief Attorney in ev ery State, who shall |
| be subordinate to the Attorney General. |
| (2) The Chief of State shall, on recommendation of the concerned |
| Chief Minister, appoint the Chief Attorney . The Chief Attorney shall hold |
| office during the pleasure of the Chief Minister. |
| (3) A person who is qualified to be appointed as a Judge of High |
| Court shall be eligible to be appointed as the Chief Attorney . |
| (4) The office of the Chief Attorney shall be vacant in any of the |
| following circumstances: |
| 107 |
| (a) if he or she tenders resignation in wr iting to the Chief of State |
| through the Chief Minister, |
| (b) if he or she is removed from office by the Chief of State on |
| recommendation of the Chief Minister, |
| (c) if he or she dies. |
| (5) The Chief Attorney shall be the chief legal advisor to the State |
| Government. It shall be the duty of the Chief Attorney to give opinions and |
| advices on constitutional and legal matters to the State Government and such |
| other authorities as the State Government may specify. |
| (6) The Office of Attorney General shall manage the employees |
| under the Office of Chief Attorney. |
| (7) The remuneration and other facilities of the Chief Attorney shall |
| be sim ilar to those of a Judge of High Court. The functions, duties and powers |
| and o ther conditions of service of the Chief Attorney sha ll be as provided for in |
| the State law. |
| 161. Provisions r elatin g to conditions of service and f acilities : Provisions relating to |
| the remuneration, facilities and conditions of service of the government |
| attorneys and other employees under the Attorney Gener al shall be as provided |
| for in the Federal Act. |
| |
| 108 |
| Part -13 |
| State Executive |
| 162. Executive p ower of State : (1) The executive power of a State shall, pursuant to |
| this Constitution and the State law , be vested in the State Council of Ministers. |
| Provided that if a State Executive does not exist because of enforcement |
| of Federal governance, the Chief of State shall exercise the executive power of |
| the State as directed by the Government of Nepal. |
| (2) The responsibility for issuing general directives , controlling and |
| regulating the governance of the State shall, subject to this Constitution and |
| other laws, lie in the State Council of Ministers. |
| (3) All State executive functions shall be performed in the name of |
| the State Government. |
| (4) The executive power of the State shall be as mentioned in |
| Schedule -6, Schedule -7 and Schedule -9 subject to this Constitution. |
| Provided that the State Council of Ministers shall exercise the executive |
| powers in coordination with the Government of Nepal, except as explicitly |
| mentioned in this Constitution and in the Federal law in relation to concurrent |
| powers of the Federation and the State. |
| (5) Any decision or order to be issued in the name of the State |
| Government pursuant to clause (3) and other instruments of authorization |
| pertaining thereto shall be authenticated as provided for in the State law. |
| 163. Provisions r elating to Chi ef of State : (1) There shall be a Chief of State in each |
| State, as a representative of the Government of Nepal. |
| (2) The President shall appoint one Chief of State for each State. |
| 109 |
| (3) The term of office of a Chief of State shall be five years except |
| where the President removes him or her from office prior to the expiration of |
| his or her term of office. |
| (4) A person may not be the Chief of State for more than once in the |
| same State. |
| 164. Qualification for Chief of State : A person who has the following qualification |
| shall be qualified to become the Chief of State : |
| (a) being qualified for being a member of the Federal Parliament, |
| (b) having completed the age of thirty five years, and |
| (c) Not being disqualified by any law. |
| 165. Vacation of o ffice of Chie f of State : (1) The office of the Chief of State shall |
| become vacant in any of the following circumstances: |
| (a) if he or she tenders res ignation in writing to the President, |
| (b) if his or her term of office expires and he or she is removed from |
| office by t he President prior to expiration of the term, |
| (c) if he or she dies. |
| (2) If the office of the Chief of State of any State falls vacant, the |
| President may so designate the Chief of State of another State to act as such |
| also for such State. |
| 166. Functions, duties and p owers of Chief of State : (1) The Chief of State shall |
| exercise such powers and perform such duties as conferred to him or her |
| pursuant to this Constitution or law. |
| (2) In exercising the powers o r duties under clause (1), the Chief of |
| State shall perform all other functions to be performed by him or her on |
| recommendation and with the consent of the State Council of Ministers than |
| those functions specifically provided to be performed on recommendation of |
| 110 |
| any body or official pursuant to this Con stitution or law. Such recommendation |
| and consent shall be submitted through the Chief Minister. |
| (3) Any decision or order to be issued in the name of the Chief of |
| State under clause (2) and other instrument of authorization pertaining thereto |
| shall be aut henticated as provided for in the State law. |
| 167. Oath by Chief of State : The Chief of State shall , prior to assuming office, take |
| an oath of office and secrecy before the President , as provided for in the |
| Federal law. |
| 168. Constitution of State Council of Ministers : (1) The Chief of State shall appoint |
| the leader of the parliamentary party commanding a majority in the State |
| Assembly as the Chief Minister, and the State Council of Ministers shall be |
| constituted under his or her chairpersonship. |
| (2) In cases where no party has a clear majority in the State |
| Assembly under clause (1), the Chief of State shall appoint as the Chief |
| Minister a member of the State Assembly who can command majority with the |
| support of two or more parties representing to the State As sembly . |
| (3) In cases where the Chief Minister cannot be appointed under |
| clause (2) no later than thirty days after the date of declaration of the final |
| results of election to the State Assembly or the Chief Minister so appointed |
| fails to secure a vote of confidence under clause (4), the Chief of State shall |
| appoint as the Chief Minister the parliamentary party leader of the party which |
| has the highest number of members in the State Assembly . |
| (4) The Chief Minister appointed under clause (2) or (3) shall obtain |
| a vote of confidence from the State Assembly no later than thirty days after the |
| date of such appointment. |
| (5) In cases where the Chief Minister appointed under clause (3) |
| fails to obtain a vote of conf idence under clause (4) and any member under |
| 111 |
| clause (2) presents a ground on which he or she can obtain a vote of confidence |
| in the State Assembly , the Chief of State shall appoint such a member as the |
| Chief Minister. |
| (6) The Chief Minister appointed under clause (5) must obtain a vote |
| of confidence under clause (4). |
| (7) In cases where the Chief Minister appointed under clause (5) |
| fails to obtain a vote of confidence or the Chief Minister cannot be appointed, |
| the Chief of State shall, on recommendation of t he Chief Minister, dissolve the |
| State Assembly and appoint a date of election so that the election to another |
| State Assembly is completed within six months. |
| (8) Procedures on the appointment of the Chief Minister under this |
| Article must be completed no lat er than thirty five days after the date of |
| declaration of the final results of election to the State Assembly held under this |
| Constitution or the date on which the office of the Chief Minister has fallen |
| vacant. |
| (9) The Chief of State shall, on recommendation of the Chief |
| Minister, constitute the State Council of Ministers consisting of a maximum of |
| twenty percent of the total number of members of the State Assembly, |
| including the Chief Minister, in accordan ce with the inclusive princip le, from |
| amongst the members of the State Assembly . |
| Explanation : For the purposes of this Article, "Minister" means a |
| Minister, Minister of State and Assistant Minister. |
| (10) The Chief Minister and Ministers shall be collectively |
| responsible to State Ass embly , and the Ministers shall be individually |
| responsible for the work of their respective Ministries to the Chief Minister and |
| the State Assembly . |
| 112 |
| 169. Vacation of o ffice of Chief Minister and Minister : (1) The office of the Chief |
| Minister shall be vacant in any of the following circumstances: |
| (a) if he or she tenders resignation in writing to the Chief of State , |
| (b) if a vote of no -confidence is passed against him or her under |
| Article 188 or a vote of confidence is not passed, |
| (c) if he or she ceas es to be a member of the State Assembly , |
| (d) if he or she dies. |
| (2) The office of a Minister shall be vacant in any of the following |
| circumstances: |
| (a) if he or she tenders resignation in writing to the Chief Minister, |
| (b) if the Chief Minister re moves him or her from office, |
| (c) if the office of the Chief Ministe r falls vacant under sub -clause |
| (a), (b) or (c) of clause (1), |
| (d) if he or she dies. |
| (3) Even though the office of the Chief Minister falls vacant under |
| clause (1), the same Council of Ministers shall continue to act until another |
| State Council of Ministers is constituted. |
| Provided that if the Chief Minister dies, the senior -most Minister shall |
| act as the Chief Minister until a new Chief Minister is appointed. |
| 170. Appointment of n on-member of State Assem bly as Minister : (1) |
| Notwithstanding anything contained in clause (9) of Article 168 , the Chief of |
| State may, on the recommendation of the Chief Minister, appoint any person |
| who is not a member of the State Assembly as a Minister. |
| 113 |
| (2) A Minister appointed under clause (1) must obtain membership |
| of the State Assembly within six months from the date of taking an oath by him |
| or her. |
| (3) In the event of failure to obtain member ship of the State |
| Assembly within the period mentioned in clause (2), he or she shall not be |
| eligible to be reappointed to the office of Minister during the term of the then |
| State Assembly . |
| (4) Notwithstanding anything contained in clause (1), a person who |
| has been defeated in the election to the then State Assembly shall be not |
| eligible to be appointed to the office of Minister under clause (1) during the |
| term of such State Assembly . |
| 171. Remuneration and o ther Facilities of Chief Minister and Minister : The |
| remuneration and other facilities of the Chief Minister and Ministers shall be as |
| provided by a State Act, and until such Act is made, shall be as specified by the |
| State Government . |
| 172. Oath : The Chief Minister a nd Ministers shall , before assuming their respective |
| offices, take an oath of office and secrecy before the Chief of State , and |
| Ministers of State and Assistant Ministers, before the Chief Minister, as |
| provided for in the State law. |
| 173. To give i nformation to Chief of State : The Chief Minister sh all inform the |
| Chief of State about the following matters: |
| (a) resolutions of the State Council of Ministers, |
| (b) Bills to be introduced in the State Assembly , |
| (c) such other necessary information as commanded by the Chief of |
| State on matters set forth in clauses (a) and (b), and |
| (d) current general state of affairs of the State. |
| 114 |
| 174. Transaction of b usiness of State Government : (1) The allocation and |
| transaction of business of the State Government shall be carried out in |
| accordance with the rules approved by the State Government . |
| (2) No question shall be raised in any court as to whether or not the |
| rules under clause (1) have been observed. |
| |
| 115 |
| Part-14 |
| State Legislature |
| 175. State Legislature : The legislatu re of a State shall be unicameral, which shall be |
| called as the State Assembly . |
| 176. Composition of State Assembly : (1) Each State Assembly shall consist of a |
| number of members, as follows: |
| (a) Members in a number that is twice a s many as the number of |
| members elected to the House of Representatives from the |
| concerned State, through the first past the post electoral system, |
| (b) The number of members to be set under clause (a) shall be |
| considered to be sixty percent, and the rest f orty percent |
| members to be elected, through the proportional electoral system. |
| (2) Election constituencies shall be set on the ba sis of geography and |
| population as provided for in the Federal law, for the election to members |
| under sub -clause (a) of clause (1). |
| (3) Sixty percent members of the State Assembly shall be elected in |
| accordance with the first past the post electoral system and the forty percent |
| members in accordance with the proporti onal electoral system. |
| (4) Election to the members of the State Assembly under clause (3) |
| shall be held through adult suffrage by secret ballots in accordance with law. |
| (5) Each citizen of Nepal who resides within the territory of the State |
| and who has com pleted the age of eighteen years shall have a right to vote in |
| any one election consti tuency in accordance with law. |
| (6) The Federal law shall provide that, in fielding candidacy by |
| political parties for the election to the State Assembly under the proport ional |
| electoral system, representation shall be ensured on the basis of a closed list |
| 116 |
| also from women, Dalit , indigenous , indigenous nationalities , Khas Arya , |
| Madhesi , Tharu , Muslims and backward regions, minority communities, on the |
| basis of popul ation. I n so fielding candidacy , regar d shall also be had to |
| geographical balance of the concerned State . |
| Explanation : For the purposes of this clause, " Khas Arya " means |
| Kshetri, Brahmin , Thakuri , Sanyasi (Dashnami ) community. |
| (7) In fi elding candidacy under clause (6 ), political parties must |
| provide for representation of the persons with disabilities as well. |
| (8) If the seat of a member of the State Assembly falls vacant while |
| its term still remains for more than six months, the vacancy shall be filled |
| throug h the same electoral system as through which such seat was filled in. |
| (9) Notwithstanding anything contained elsewhere in this Article, at |
| least one third of the total number of members elected from each political party |
| representing in the State Assembly m ust be women. If women are not so |
| elected as to constitute one third of the elected members of any political party |
| under sub -clause (a) of clause (1), such political party must, in electing |
| members un der sub -clause (b) of that clause , so elect that women m embers |
| constitute at least one third of the total number of members electe d to the State |
| Assembly from that party. |
| (10) A person who is qualified under Article 178 and entitled to vote |
| in an election to the members of the State Assembly may, subject to law, be a |
| candidate in any election constituency of the State . |
| Provided that a person shall not be a candidate in more than one election |
| constituencies at the same time. |
| (11) Other provisions relating to election to the State Assembly shall |
| be as provided for in the Federal law. |
| 117 |
| 177. Term of State Assembly : (1) Unless dissolved earlier pursuant to this |
| Constitution, the term of the State Assembly shall be five years. |
| (2) Notwithstanding anything contained in clause (1), the term of the |
| State Assembly may be extended by a State Act for a period not exceeding one |
| year in cases where a proclamation or order of a state of emergency is in effect. |
| (3) The term of the State Assembly extended under clause (2) shall |
| ipso facto be terminated after the expiry of six months from the date of |
| voidance of the proclamation or order of the state of emergency in the |
| concerned State . |
| 178. Qualification for m ember of State Assembly : (1) A person who has the |
| following qualification shall be qualified to become a member of the State |
| Assembly : |
| (a) being a citizen of Nepal, |
| (b) being a voter of the concerned State, |
| (c) having completed the age of twenty five years , |
| (d) not having been convicted of a criminal offense involving moral |
| turpitude, |
| (e) not being disqualified by any law, and |
| (f) not holding any office of profit. |
| Explanation : For the purposes of this clause, "office of profit" mean s |
| any position, other than a political position which is to be filled by election or |
| nomination, for which a remu neration or economic benefit is paid out of a |
| government fund. |
| (2) If a person who holds a political office to be filled by way of |
| election, nomination or appointment is elected as a member of the State |
| 118 |
| Assembly under this Part, his or her such office shal l ipso facto be vacant with |
| effect from the day on which he or she takes an oath of such office . |
| 179. Oath of member of State Assembly : Every member of the State Assembly |
| must , before taking part for the first time in the meeting of the Assembly or any |
| of its committees, take an oath as provided for in the State law. |
| 180. Vacation of seat of m ember of State Assembly : The seat of a member of the |
| State Assembly shall become vacant in any of the following circumstances: |
| (a) if he or she tenders resi gnation in writing before the Speaker of |
| the State Assembly , |
| (b) if he or she is no longer qualified or ceases to possess th e |
| qualification under Article 178 , |
| (c) if the term of the State Assembly expires or it is dissolved , |
| (d) if he or she absents himself or herself from ten consecutive |
| meetings, without giving notice to the State Assembly , |
| (e) if the political party of which he or she was a member when |
| elected provides a notification as provided for in the Federal law |
| that he or she has defected from the party, |
| (f) If he or she dies. |
| 181. Decision as to disqualification of m ember : If a question arises as to whether |
| any member of the State Assembly is disqualified or has ceased to possess any |
| of the qualification s under Art icle 178 , the Constitutional Bench of the |
| Supreme Court shall make the final decision of such question. |
| 182. Speaker and Deputy Speaker of State Assembly : (1) The members of the State |
| Assembly shall, not later than fifteen days of the date of holding of the first |
| meeting of the State Assembly , elect a State Speaker and a Deputy State |
| Speaker from amongst themselves. |
| 119 |
| (2) Election under clause (1) shall be so held that there is one woman |
| out of t he State Speaker and the Deputy State Speaker, and the State Speaker |
| and the Deputy State Speaker of the State Assembly shall be representatives |
| from different parties. |
| Provided that if there is no representation of more than one party in the |
| State Assembl y or no candidacy is filed by more than one party despite |
| representation, nothing shall prevent the members of the same party from being |
| the State Speaker and the Deputy State Speaker of the State Assembly . |
| (3) If the office of the State Speaker or the Deputy State Speaker |
| falls vacant, the members of the State Assembly shall fill the vacancy through |
| election to the State Speaker or the Deputy State Speaker from amongst |
| themselves. |
| (4) The Deputy State Speaker shall, in the absence of the State |
| Speaker o f the State Assembly , chair the State Assembly . |
| (5) If the election to the State Speaker and the Deputy State Speaker |
| has not taken place, or if both the positions have become vacant, the attending |
| member who is by age the senior -most shall chair the meeti ng of the State |
| Assembly . |
| (6) The office of the State Speaker or the Deputy State Speaker of |
| the State Assembly shall become vacant in any of the following circumstances: |
| (a) if he or she ceases to be a member of the State Assembly , |
| Provided that, in the event of the dissolution of the State |
| Assembly , the State Speaker and the Deputy State Speaker of the State |
| Assembly holding their respective offices shall continue in office until |
| the previous day of the filing of nominations for ano ther election to the |
| State Assembly , |
| (b) if he or she resigns in writing, |
| 120 |
| (c) if a resolution is passed by a majority of two -thirds of th e total |
| number of the then members of the State Assembly to the effect |
| that his or her conduct is not compat ible with his or her office. |
| (7) The State Deputy Speaker shall preside over a meeting at which |
| deliberation s are to be held on a motion that the conduct of the Speaker of the |
| State Assembly is not compatible with his or her office. The State Speaker |
| shall be entitl ed to take part and vote in the deliberations on such mo tion. |
| 183. Summoning and prorogation of s ession of State Assembly : (1) The Chief of |
| State shall summon a session of the State Assembly within twenty days of the |
| declaration of final results of the election to the State Assembly . Thereafter, the |
| Chief of State shall, from time to time, summon other sessions pursuant to this |
| Constitution. |
| Provided that the interval between the two consecutive sessions shall |
| not exceed six months. |
| (2) The Chief of Stat e may prorogue the sessions of the State |
| Assembly . |
| (3) If, during the prorogation or recess of the session of the State |
| Assembly , one -fourth of the total number of its members make a petition that it |
| is expedient to convene a session or meeting, the Chief of State shall specify |
| the date and time for such session or meeting. The State Assembly shall meet |
| or commence its session at the date and time so specified. |
| 184. Address by Chief of State : (1) The Chief of State may address a sitting of the |
| State Assembl y, and summon the members for that purpose. |
| (2) The Chief of State shall address the first session after an election |
| to the State Assembly and a sitting of the State Assembly after the |
| commencement of the first session of each year. |
| 121 |
| 185. Quorum of State Assembly : Except as otherwise provided for in this |
| Constitution, no question or motion shall be presented for decision in the State |
| Assembly unless one -fourth of the total number of its members are present. |
| 186. Voting in State Assembly : All ques tions submitted for decision in the State |
| Assembly shall be decided by a majority vote of the members present and |
| participate in voting. The member chairing the meeting shall not have the right |
| to vote. |
| Provided that he or she may exercise his or her casti ng vote in the case |
| of a tie. |
| 187. Privileges of State Assembly : (1) There shall be full freedom of speech in the |
| State Assembly, subject to this Constitution , and no member shall be arrested, |
| detained or prosecuted in any court for anything expressed or any vote cast by |
| him or her in the State Assembly . |
| (2) The State Assembly shall, subject to this Constitution, have full |
| power to regulate and decide its intern al business, and it shall be the exclusive |
| right of the State Assembly to decide whether or not any of its proceedings is |
| regular or irregular. No question shall be raised in any court in this behalf. |
| (3) No comment shall be made about the good faith conce rning any |
| proceeding of the State Assembly , and no publication and broadcasting of any |
| kind shall be made about anything said by any member, intentionally distorting |
| or misinterpreting the meaning of the speech. |
| (4) The provisions of clauses (1) and (3) sh all also apply to other |
| persons who are entitled to participate in the meetings of the State Assembly |
| than the members of State Assembly . |
| (5) No proceedings shall be initiated in any court against any person |
| in respect of the publication, un der the author ity granted by the State |
| Assembly , of any document, report, vote or proceeding. |
| 122 |
| Explanation: For the purposes of this clause and clauses (1), (2), (3) and |
| (4), "State Assembly" means and includes the meeting of a committee of the |
| State Assembly. |
| (6) No mem ber of the State Assembly may be arrested during the |
| period from the issuance of a notice summoning the session to its prorogation. |
| Provided that nothing in this clause shall be deemed to prevent the arrest |
| under the law of any member on a criminal charge. If any member is so |
| arrested, the authority making such arrest shall forthwith give information |
| thereof to the person presiding over the State Assembly. |
| (7) Any breach of the privileges shall be deemed to constitute |
| contempt of the State Assembly , and the State Assembly shall have the |
| exclusive right to decide whether any breach of its privileges has taken place. |
| (8) If any person is in contempt of the State Assembly , the person |
| presiding over the State Assembly may, after a decision by the State Assembly |
| to that effect, admonish, warn or impose a sentence of imprisonment for a term |
| not exceeding three months or of a fine not exceeding ten thousand rupees on |
| such person, and such fine shall be recovered as a government due. |
| Provided that if such a person su bmits an apology to the satisfaction of |
| the State Assembly , it may either pardon him or her or remit or commute the |
| sentence imposed on him or her. |
| (9) Other matters relating to privileges of the State Assembly shall |
| be as provided in the State law. |
| 188. Provisions relating to vote of confidence and motion of no -confidence : (1) The |
| Chief Minister may, whenever he or she considers necessary or appropriate to |
| show that he or she has confidence from the State Assembly, table a resolution |
| to that effect in the State Assembly for the vote of confidence . |
| 123 |
| (2) If the political party which the Chief Minister represents is |
| divided or a political party in coalition State G overnment withdraws its |
| support, the Chief Minister shall table a resolution in the State Assembly for a |
| vote of confidence within thirty days. |
| (3) If a resolution tabled under clauses (1) and (2) is not passed by a |
| majority of the total number of then members of the State Assembly , the Chief |
| Minister shall relieve of his or her office. |
| (4) One-fourth of the total number of then members of the State |
| Assembly may table in writing a motion of no -confidence against the Chief |
| Minister. |
| Provided that a motion of no confidence may not be tabled until the first |
| two years after the appointment of the Chief Minister and until another one |
| year after the date of failure of the motion of no confidence once tabled. |
| (5) A motion of no confidence to be tabled under clause (4) shall |
| also indicate the name of a member proposed for Chief Minister. |
| (6) If a motion of no confidence tabled under clause (4) is passed by |
| a majority of the total number of then members of the State Assembly , the |
| Chief Minister shall relieve of his or her office. |
| (7) If the office of the Chief Minister falls vacant because of the |
| passage of a vote of no -confidence under clause (6), the Chief of State shall , in |
| accordance with Article 168, appoint as the Chief Minister the member of the |
| State Assembly proposed under clause (5). |
| 189. Minister, Minister o f State and Assistant Minister entitled to take p art in |
| meetings of State Assembly : The Minister, Minister of State and Assistant |
| Minister shall be entitled to attend , and take part in the proceedings and |
| deliberations of , the State Assembly or its committees. |
| 124 |
| Provided that a Minister, Minister of State or Assistant Minister who is |
| not a member of the State Assembly shall not be entitled to vote in a meeting |
| of the State Assembly or its committee, and a Minister, Minister of State or |
| Assistant Minister shall not be entitled to vote in a meeting of a committee of |
| which he or she is not a member. |
| 190. Penalty for u nauthorized presence or v oting in State Assembly : If a person who |
| has not taken oath under Article 179 or who is not a member of the State |
| Assembly is present or votes in a meetin g of the State Assembly or of its |
| committee as a member, the person shall, by order of the person chairing the |
| meeting, be fined with a sum of five thousand rupees for each instance of such |
| presence or voting, and such a fine shall be recovered as a govern ment due. |
| 191. Restriction on d iscussion : No discussion shall be held in the State Assembly on |
| any matters that may cause adverse effect on the dispensation of justice on any |
| cases which are sub judice in any courts of Nepal and on any judicial acts done |
| by Judges in the course of performance of their duties. |
| 192. Transaction of b usiness in case of vacancy in seat of m ember : The State |
| Assembly shall have the power to transact its business notwithstanding any |
| vacancy in the seat of its member; and n o proceedings of the State Assembly |
| already conducted shall become invalid even if it is subsequently discovered |
| that a person who was not so entitled took part in such proceedings. |
| 193. Power of State Assembly to f orm committees : The State Assembly may, i n |
| accordance with its rules, form committees or special committees, as required, |
| in order to manage its working procedures . |
| 194. Procedures relating to conduct of b usiness of State Assembly : The State |
| Assembly shall frame rules to c onduct its business, maintain order during its |
| meetings and regulate the constitution, functions and procedures of , and other |
| 125 |
| matters relating to, its committee s. Until such rules are framed, the State |
| Assembly shall regulate its procedures on its own. |
| 195. Secretary and Secre tariat of State Assembly : (1) The Chief of State shall |
| appoint the Secretary of the State Assembly on recommendation of the Speaker |
| of State Assembly. |
| (2) There shall be a Secretariat for conducting and managing the |
| business of the State Assembly. The establishment of such Secretariat and |
| other matters related thereto shall be as provided for in the State law. |
| (3) The qualification, functions, duties, powers and other conditions |
| of service of the Secretary of the State Assembly shall be as provided for in the |
| State law. |
| 196. Remuneration : The remuneration and facilities of the Speaker and the Deputy |
| Speaker of the State Assembly shall be as provided for in the State law, and as |
| specified by the State Government until such law is made. |
| |
| 126 |
| Part-15 |
| State Legislative Procedures |
| 197. Legislative p owers of State Assembly : The legislative powers of the State |
| Assembly shall be as contained in lists of Schedule -6, Schedule -7 and |
| Schedule -9. |
| 198. Procedures for introduction of Bills in State Assembly : (1) A Bill may, subject |
| to this Constitution, be introduced in the State Assembly . |
| (2) A Money Bill and a Bill concerning peace and security may be |
| introduced only as a Government Bill. |
| (3) "Money Bill" mean s a Bill concerning any or all of the following |
| subjects: |
| (a) the imposition, collection, abolition, remission, alteration |
| or regulation of taxes in the State , |
| (b) the preservation of the State Consolidated Fund or any |
| other State Government Fund, the deposit of moneys into |
| and the appropriation or the withdrawal of moneys from |
| such Funds, or the reduction, increment or cancellation of |
| appropriations or of propos ed expenditures from such |
| Funds, |
| (c) the regulation of matters relating to the borrowing of |
| money or the giving of guarantee by the State |
| Government, or any matter pertaining to the amendment |
| of the law with respect to any financial obligations |
| undertaken or to be undertaken by the State Government , |
| (d) the custody and investment of all revenues received by |
| any State Government Fund, moneys acquired through the |
| 127 |
| repayment of loans, and grant moneys; or audits of the |
| accounts of the State Government , or |
| (e) other incidental matters directl y related to any of the |
| subjects specified in clause (a), (b), (c) or (d). |
| Provided that any Bill shall not be deemed to be a Money Bill by the |
| reason only that it provides for the levying of any charges or fees such as |
| license fee, application fee, renewa l fee or for the imposition of fines or |
| penalty of imprisonment. |
| (4) If any question arises whether a Bill is a Money Bill or not, the |
| decision of the Speaker of State Assembly thereon shall be final. |
| 199. Procedures for p assage of Bills : (1) A Bill passe d by the State Assembly shall |
| be presented to the Chief of State for assent . |
| (2) If a session of the State Assembly terminates while a Bill is |
| under consideration, deliberations on the Bill may continue at the succeeding |
| session. |
| Provided that if the State Assembly is dissolved or its term expires when |
| any Bill is under its consideration, such a Bill shall lapse . |
| 200. Withdrawal of Bills : A member who has introduced a Bill may, with the |
| approval of the State Assembly , withdraw the Bill. |
| 201. Assent on Bills : (1) A Bill which is to be presented to the Chief of State for |
| assent under Article 199 shall be so presented by the Speaker of State |
| Assembly after it has been certified by him or her. |
| Provided that in the case of a Money Bill, the Speaker of State |
| Assembly shall so certify. |
| 128 |
| (2) A Bill presented to the Chief of State for his or her assent shall be |
| assented to within fifteen days, and the State Assembly shall be informed |
| thereof as soon as possible. |
| (3) Except for a Money Bill, if the Chief of State is of the opinion |
| that any Bill needs further deliberations, he or she may send back the Bill with |
| his or her message to the State Assembly within fifteen days from the date of |
| presentation of the Bill to him or her. |
| (4) If any Bill is sent back with his or her message by the Chief of |
| State under clause (3) , it shall be reconsidered by the State Assembly and if the |
| Bill so reconsidered is again passed as it was or with amendments, and is again |
| presented to him or her, the Chief of State shall give assent to that Bill within |
| fifteen days of such presentation. |
| (5) A Bill shall become an Act after the Chief of State gives assent to |
| it. |
| 202. Ordinance : (1) If, at any time, except when the State Assembly is in session , a |
| circumstance exist s which render s it necessary to take immediate action, the |
| Chief of State may, on the recommendation of the State Council of Ministers, |
| promulgate an Ordinance. |
| (2) An Ordinance promulgated under clause (1) shall have the same |
| force and effect as an Act. |
| Provided that every such Ordinance: |
| (a) shall be tabled at the session of the State Assembly held |
| after the promulgation, and if not passed by the State |
| Assembly , it shall ipso facto cease to be effective, |
| (b) may be repealed at any time by the Chief of State , and |
| 129 |
| (c) shall, unless rendered ineffective or repealed under sub - |
| clause (a) or (b), ipso facto cease to be effective at the |
| expiration of sixty days after the day on which a meeting |
| of the State Assembly is held. |
| |
| 130 |
| Part -16 |
| State Financial Procedure s |
| 203. No tax t o be levied or loan to be raised : (1) No tax shall be levied and |
| collected in a State except in accordance with law. |
| (2) No loan shall be raised and guarantee given by the State |
| Governme nt except as provided for in the Federal law . |
| 204. State Consolidated Fund : Except for the revenues of trusts ( Guthi ), all revenues |
| received by the State Government, all loans raised on the security of revenues, |
| all moneys received in repayment of any loans made under the authority of any |
| State Act and any mounts of grants or loans received from the Government of |
| Nepal shall, except as otherwise provided for in the State Act, be credited to a |
| State Government Fund to be known as the State Consolidated Fund. |
| 205. Expenditures from State Consolidated Fund or State Government F und: No |
| expenditure shall be incurred out of the State Consolidated Fund or any other |
| State Government Fund except the following: |
| (a) moneys charged on the State Consolidated Fund, |
| (b) moneys required to meet the expenditure under an Appropriation |
| Act, |
| (c) advance moneys authorized by a n Act required to meet |
| expenditures, when an Appropriation Bill is under consideration, |
| or |
| (d) expenditures to be incurred in extraordin ary circumstances under |
| a V ote of Credit Act which contains only a description of |
| expend itures. |
| Provided that matters relating to the State Contingency Fund |
| shall be in accordance with Article 212 . |
| 131 |
| 206. Expenditures c hargeable on State Consolidated Fund : The expenditures |
| relating to the following matters shall be charged on the State Consolidated |
| Fund, and approval of the State Assembly shall not be required for such |
| expenditures: |
| (a) the amount required as remuneration and facilities payable to the |
| State Speaker and the State Deputy Speaker, |
| (b) the amount required as remuneration and facilities payable to the |
| Chairperson and m embers of the State Public Service |
| Commission, |
| (c) all charges relating to debts for which the State Government is |
| liable, |
| (d) any sum required to satisfy any judgment or decree made by a |
| court against the State Government , and |
| (e) any other sum specified by a State law to be chargeable on the |
| State Consolidated Fund. |
| 207. Estimates of revenues and expenditures : (1) The State Minister for Finance |
| shall, in respect of every financial year, lay before the State A ssembly an |
| annual estimate setting out, inter alia , the following matters: |
| (a) an estimate of revenues, |
| (b) the moneys required to meet the charges on the State |
| Consolidated Fund, and |
| (c) the moneys required to meet the expenditure to be provided for |
| by a State Appropriation Act. |
| (2) The annual estimate to be laid pursuant to clause (1) shall also be |
| accompanied by a statement of the expenses allocated to every Ministry in the |
| 132 |
| previous financial year and particulars of whether the objectives of the |
| expenses have been achieved. |
| 208. State Appropriation Act : The moneys required to meet the expenditure to be |
| provided for by any State Appropriation Act shall be specified under |
| appropriate heads in an Appropriation Bill. |
| 209. Supplementary e stimates : (1) The State Minister for Finance may lay before |
| the State Assembly a supplementary estimate if it is found in any financial |
| year, - |
| (a) that the sum authorized to be spent for a particular service by the |
| State Appropriation Act for the current financial year is |
| insuf ficient, or that a need has arisen for expenditures upon some |
| new service not provided for in the State Appropriation Act for |
| that year, or |
| (b) that the expenditures made during that financial year are in |
| excess of the amount authorized by the State Approp riation Act. |
| (2) The sums included in the supplementary estimates shall be |
| specified under the heads in a Supplementary Appropriation Bill. |
| 210. V otes on Account : (1) Notwithstanding anything contained elsewhere in this |
| Part, a portion of the expenditure estimated for the financial year may, w hen a |
| State Appropriation Bill is under consideration, be incurred in advance under a |
| State Act. |
| (2) A V ote on Account Bill shall not be introduced until the estimates |
| of revenues and expenditures have been lai d in ac cordance with Article 207 , |
| and the sums involved in the V ote on Account shall not exceed one -third of the |
| estimate of expenditures for the financial year. |
| (3) The expenditures incurred in accordance with the State V ote on |
| Account Act shall be included in the State Appropriation Bill. |
| 133 |
| 211. V otes of Credit : Notwithstanding anything contained elsewhere in this Part, if |
| owing to an emergency due to natural causes or other reasons, it appears to be |
| impractical or inexpe dient in view of the security or interest of the State to |
| specify the details required under clause (1) of Article 207 , the State Minister |
| for Finance may lay before the State Assembly a V ote of Credit Bill giving |
| only a statement of expenditures. |
| 212. State Contingency Fund : (1) A State Act may create a Fund to be known as the |
| State Contingency Fund into which shall be paid from time to time such |
| moneys as may be determined by the State Act. |
| (2) The Fund under clause (1) shall be under the control of the State |
| Government. Any unforeseen expenditure may be met out of such Fund by the |
| State Government . |
| (3) The amount of the exp enditure under clause (2) shall be |
| reimbursed as soon as possible by the State Act. |
| 213. Act r elating to financial p rocedures : Matters relating to the transfer of moneys |
| appropriated by the State Act from one head to another and other financial |
| procedures shall be as provided for in the State Act. |
| |
| 134 |
| Part-17 |
| Local Executive |
| 214. Executive p ower of Local Level : (1) The executive p ower of the Local Level |
| shall, pursuant to this Constitution and the Federal law, be vested in the Village |
| Executive or the Municipal Executive. |
| (2) The local executive power shall be as mentioned in Schedule -8 |
| and Schedule -9. |
| (3) The responsibility for is suing general directives, controlling an d |
| regulating the governance of the Village Body and the Municipal ity shall, |
| subject to this Constitution and other laws, lie in the Village Executive and the |
| Municipal Executive. |
| (4) The e xecutive functions of the Village Body and the Municipality |
| shall be performed in the name of the Village Executive and the Municipal |
| Executive. |
| (5) Any decision or order to be issued in the name of the Village |
| Executive and the Municipal Executive pursuant to clause (4 ) and other |
| instruments of authorization pertaining thereto shall be authenticated as |
| provided for in the Local law. |
| 215. Provisions r elating to Chairperson and Vice -Chairperson of Village Executive: |
| (1) There shall be a Chairperson of Village Executive in eac h Village Body . |
| The Village Executive shall be formed under his or her chairpersonship. |
| (2) The Village Executive under clause (1) shall consist of one Vice - |
| Chairperson, Ward Chairperson elected from each Ward and members elected |
| pursuant to clause (4). |
| (3) The Chairperson and the Vice -Chairperson shall be elected by the |
| voters residing within the concerned Village Body area by secret ballots on the |
| 135 |
| basis of one person one vote, in accordance with the first past the post electoral |
| system. |
| Explanation : For the purp oses of this Article, "Chairperson" and "Vice - |
| Chairperson" mean the Chairperson and the Vice -Chairperson of the Village |
| Executive. |
| (4) The members of the Village Executive shall also include four |
| women members elected by the members of the Village Assembly from |
| amongst themselves and two members elected by the Village Assembly from |
| the Dalit or minority communit ies, in possession of the qualification under |
| clause (5), no later than fifteen days after the final results of the election to the |
| Village Assembly under Article 222. |
| (5) A person who has the following qualification shall be qualified to |
| be elected to the office of the Chairperson, Vice -Chairperson, Ward |
| Chairperson and m ember : |
| (a) being a citizen of Nepal, |
| (b) having completed the age of twenty one years, |
| (c) being a voter whose name is included in the electo ral rolls |
| of the Village Body , |
| (d) not being disqualified by any law. |
| (6) The term of office of the Chairperson, Vice -Chairperson, Ward |
| Chairperson and m ember shall be five years after the date of being elected. |
| (7) A person who has been elected as the Chairperson for two terms |
| shall not be eligible to be a candidate in an election to t he Village Body . |
| (8) The office of the Chairperson, Vice -Chairperson, Ward |
| Chairperson or m ember shall become vacant in any of the following |
| circumstances: |
| 136 |
| (a) if the Chairperson tenders resignation in writing to the |
| Vice-Chairperson, and if the Vice -Chairperson tenders |
| resignation before the Chairperson, |
| (b) if his or her term o f office expires, |
| (c) if he or she dies. |
| (9) If the seat falls vacant under clause (7) while the term of office of |
| the Chairperson or Vice -Chairperson still remains for more than one year , the |
| vacancy shall be filled through by -election for the remainder o f term . |
| 216. Provisions r elating to Mayor and Deputy Mayor of Municipal Executive: (1) |
| Each Municipality shall have a Mayor . The Municipal Executive shall be |
| formed under his or her chairpersonship. |
| (2) The Municipal Executive under clause (1) shall consist of one |
| Deputy Mayor , Ward Chairper son elected from each Ward and m embers |
| elected pursuant to clause (4). |
| (3) The Mayor and the Deputy Mayor shall be elected by the voters |
| residing within the concerned Municipal area by secret ballots on the basis of |
| one person one vote, in accordance with the first past the post electoral system. |
| Explanation : For the purp oses of this Article, "Mayor " and " Deputy Mayor " |
| mean the Mayor and the Deputy Mayor of the Municipal Executive. |
| (4) The m embers of the Municipal Executive shall also include five |
| women members elected by the members of the Municipal Assembly from |
| amongst themselves and t hree members elected by the Municipal Assembly |
| from the Dalit or minority communities, in possession of the qualification |
| under clause (5), no later than fifteen days after the final results of the election |
| to the Municipal Assembly under Article 223 . |
| 137 |
| (5) A person who has the following qualification shall be qualifi ed to |
| be elected to the office of the Mayor , Deputy Mayor , Ward Chairperson and |
| member: |
| (a) being a citizen of Nepal, |
| (b) having completed the age of twenty one years, |
| (c) being a voter whose name is included in the electoral rolls |
| of the Municipality , |
| (d) not being disqualified by any law. |
| (6) The term of office of the Mayor , Deputy Mayor , Ward |
| Chairperson and m ember shall be five years after the date of being elected. |
| (7) A person who has been elected as the Mayor for two terms shall |
| not be eligible to be a candidate in an election to the Municipality . |
| (8) The office of the Mayor , Deputy Mayor, Ward Chairperson or |
| Member shall become vacant in any of the following circumstances: |
| (a) if the Mayor tende rs resignation in writing to the Deputy |
| Mayor , and if the Deputy Mayor tenders resignation in |
| writing before the Mayor , |
| (b) if his or her term of office expires, |
| (c) if he or she dies. |
| (9) If the seat falls vacant under clause (8 ) while the term of office of |
| the Mayor or Deputy Mayor still remains fo r more than one year, the vacancy |
| shall be filled through by -election for the remainder of term. |
| 217. Judicial Committee : (1) There shall be a three -member judicial committee to |
| be coordinated by its Vice -Chairperson in the case of a Village Body and by its |
| Deputy Mayor in the case of a Municipality , in order to settle disputes under |
| their respective jurisdictions in accordance with law. |
| 138 |
| (2) The judicial committee under clause (1) shall consist of two |
| members elected by th e members of the Villag e Assembly or the Municipal |
| Assembly from amongst themselves. |
| 218. Conduct of business of Village Executive and Municipal Executive : Allocation |
| and conduct of business of the Village Executive and the Municipal Executive |
| shall be carried out in accordance with the rules approved by the Village |
| Executive and the Municipal Executive , respectively. |
| 219. Other provisions r elating to Local Level Executive : Other provisions relating |
| to the Local Level Executive, except those contained in this Part, shall be as |
| provided for in the Federal law, subject to this Constitution. |
| 220. District Assembly and District Coordination Committee : (1) There shall be a |
| District Assembly to make coordinat ion between the Village Bodies and |
| Municipal ities within the district. |
| (2) The District Assembly shall consist of Chairpersons and Vice - |
| Chairpersons of Village Executives, and Mayors and Deputy Mayors of |
| Municipal Executives within the district. The first meeting of the District |
| Assembly shall be held no later than thirty days of the date of final results of |
| the election to the Village Assemblies and the Municipal Assemblies . |
| (3) The District Assembly shall elect the District Coordination |
| Committee consisting of a maximum of nine Members including one C hief, |
| one Deputy Chief , at least three women and at least one Dalit or minority. The |
| District Coordination Committee shall discharge all functions require d to be |
| discharged by the District Assembly. |
| (4) A Member of a Village Assembly or Municipal Assembly within |
| the concerned d istrict shall be eligible to be a candidate for the office of Chief, |
| Deputy Chief or Member of the District Coordination Committee. If elected to |
| the office of Chief, Deputy Chief or Member of the District Coordination |
| 139 |
| Committee, his or her office of Membe r of Village Assembly or of Municipal |
| Assembly shall ipso facto lapse. |
| (5) The term of office of the Ch ief, Deputy Chief and m ember of the |
| District Coordination Committee shall be five years after the date of being |
| elected. |
| (6) The office of the Chief , Deputy Chief and m ember of the District |
| Coordination Committee shall become vacant in any of the following |
| circumstances: |
| (a) if the Chief tenders resignation in writing before the |
| Deputy Chi ef, and if the Deputy Chief or m ember tenders |
| resignation in writing before the Chief, |
| (b) if his or her term of office expires, |
| (c) if he or she dies. |
| (7) The functions, duties and powers of the District Assembly shall |
| be as follows: |
| (a) to make coordination between the Village Bodies and |
| Municipal ities within th e district, |
| (b) to monitor development and construction works to make balance |
| of such works, |
| (c) to make coordination between the Federal and the State |
| Government offices and Village Bodies and Municipal ities in the |
| district, |
| (d) to perform other functions as provided for in the State l aw. |
| (8) Provisions relating to the conduct of the District Assembly, |
| facilities of Members of the District Coordination Committee and other matters |
| relating to the District Assembly shall be as provi ded for in the State l aw. |
| 140 |
| Part-18 |
| Local Legislature |
| 221. Legislative p owers of Local Level : (1) The legislative powers of the Local |
| Level shall be vested in the Village Assembly and the Municipal Assembly , |
| subject to this Constitution . |
| (2) The legislative powers of the Village Assembly and the |
| Municipal Assembly shall be as mention ed in the lists contained in Schedule -8 |
| and Schedule -9. |
| 222. Composition of Village Assembly : (1) Each Village Body shall have a Village |
| Assembly. |
| (2) A Village Assemb ly under clause (1) shall consist of the |
| Chairperson and Vice -Chairperson of the Village Executiv e, Ward |
| Chairpersons, and four m embers elected from each ward and Members of the |
| Village Executive elected from Dalit and minority communities pursuant to |
| clause (4) of Article 215. |
| (3) A Village Assembly to be formed under clause (1) shall have |
| representation of at least two women f rom each ward. |
| (4) Each ward of a Village Body under the Federal l aw shall have a |
| Ward Committee composed of the Ward Chairperson and four m embers. Such |
| Ward Chairperson and Ward m embers shall be elected in accordance with the |
| first past the post electoral system. |
| (5) Every person who has completed the age of eighteen years and |
| whose name is included in the electo ral rolls of the Vil lage Body shall have a |
| right to vote as provided for in the Federal law. |
| (6) A person who has the following qualification shall be qualified to |
| become a candidate for the office of the Member of the Village Assembly: |
| 141 |
| (a) being a citizen of Nepal, |
| (b) having completed the age of twenty one years, |
| (c) being his or her name included in the electo ral rolls of the |
| Village Body , and |
| (d) not being disqualified by any law. |
| (7) Matters relating to the election to the Village Assembly and other |
| matters pertaining th ereto shall be as provided for in the Federal l aw. |
| 223. Composition of Municipal Assembly : (1) Each Municipality shall have a |
| Municipal Assembly. |
| (2) A Municipal Assembly under clause (1) shall consist of the |
| Mayor and the Deputy Mayor of the Municipal Executiv e, Ward Chairpersons, |
| and four m embers elected from each Ward and m embers of the Municipal |
| Executive elected from Dalit or minority communities pursuant to clause (4) of |
| Article 21 6. |
| (3) A Municipal Assembly to be formed under clause (1) shall have |
| representation of at least two women f rom each W ard. |
| (4) Each ward of a Municipality shall have a Ward Committee |
| composed of one Ward Chairperson and four m embers as provided for in the |
| Federal law . Such Ward Chair person and Ward m embers shall be elected in |
| accordance with the first past the post electoral system. |
| (5) Every person who has completed the age of eighteen years and |
| whose name is included in the electoral rolls of the Municipality shall have a |
| right to v ote as provided for in the Federal l aw. |
| (6) A person who has the following qualification shall be qualified to |
| be a candidate for the office of m ember of the Municipal Assembly: |
| (a) being a citizen of Nepal, |
| 142 |
| (b) having completed the age of twenty one years, |
| (c) being his or her name included in the electoral rolls of the |
| Municipality , and |
| (d) not being disqualified by any law. |
| (7) Matters relating to the election to the Municipal Assembly and |
| other matters pertaining thereto shall be as provided for in the Federal l aw. |
| 224. Chairperson and Vice -Chairperson of Village Assembly and Municipal |
| Assembly : The Chairperson and Vice -Chairperson of a Village Executive and |
| the Mayor and Deputy Mayor of a Municipal Executive shall ipso facto be the |
| Chairperson and Vice -Chairperson of the Village Assembly and the Municipal |
| Assembly, respectively, and perform functions as such. |
| 225. Term of Village Assembly and Municipal Assembly : The term of a Village |
| Assembly and of a Municipal Assembly shall be five years for the date of |
| election. Another Village Assembly and Municipal Assembly shall be elected |
| not later than six months of the expiration of such a term. |
| 226. Powers to make l aw: (1) A Village Assembly and a Municipal Assembly may |
| make necessary laws on the matters set forth in the Lists contained in |
| Schedule -8 and Schedule -9. |
| (2) The process for making laws under clause (1) shall be as |
| provided for in the State Law. |
| 227. Other provisions relating t o Village Assembly and Municip al Assembly : Other |
| matters relating to the conduct of business of a Village Assembly and |
| Municipal Assembly, rules of procedures of meetings, formation of |
| committees, con ditions in which the office of m ember falls va cant, facilities |
| receivable by m embers o f the Village Assembly and Municipal Assembly and |
| employees an d offices of the Village Body and Municipality shall be as |
| provided for in the State l aw. |
| 143 |
| Part-19 |
| Local Financial Procedure s |
| 228. No tax to be levied or loan to be r aised : (1) No tax shall be levied and collected |
| and no loan raised in the Local l evel except in accordance with law. |
| (2) The Local l evel may levy tax by law on matters falling within its |
| domain without prejudice to national economic policies, carriage of goods and |
| services, capital and labo ur market, a nd the neighbouring State or Local l evel. |
| 229. Local Consolidated Fund : (1) Each Village Body and Municipality under the |
| Local Level shall have one Local Consolidate Fund. A ll revenues received by |
| the Village Body or Municipality , any amounts of grants received from the |
| Government of Nepal and the State Government, all loans raised by the Village |
| Body and Municipality , and amounts received from other sources shall be |
| credited to such a Fund. |
| (2) Matters relating to expenditures from the Local Consolidated |
| Fund under clause (1) shall be as provided for in the L ocal law. |
| 230. Estimates of revenues and e xpenditures of Village Body and Municipality : (1) |
| The Village Executive and the Municipal Executive sh all, subject to this |
| Constitution, lay an estimate of revenues and expenditures of every financial |
| year before, and have the estimate pa ssed by, the Village Assembly and the |
| Municipal Assembly , respectively , as provided for in the Local law. |
| (2) If, in laying an estimate of revenues and expenditures under |
| clause (1), the Village Executive or Municipal Executive is required to make a |
| deficit budget, it must purpose also the sources to meet the deficit as provided |
| for in the Federal l aw and the State l aw. |
| |
| 144 |
| Part-20 |
| Interrelations between Federation , State and Local Level |
| 231. Legislative i nterrelations between Federation and States : (1) The Federal Law |
| may be made to be applicable to the whole of, or, if required, to any part of, the |
| territory of Nepal. |
| (2) A State law may be made to be applicable to the whole of, or as |
| required , to any part of the territory of the State. |
| (3) If two or more States make a request to the Government of Nepal |
| to make laws on any matter enumerated in Schedule -6, the Federal Parliament |
| may make necessary laws. Suc h laws shall be applicable only to the concerned |
| States. |
| 232. Relations between Federation , State and Local l evel: (1) Th e relations between |
| the Federation, States, and Local l evel shall be based on the principles of |
| cooperation, co-existence and coordination. |
| (2) The Government of Nepal may, pursuant to this Constitution and |
| the Federal Law, give necessary directions to any State Council of Ministers on |
| matters of national importance and on matters to be coordinated between the |
| States, and it shall be the duty of the concerned State Council of Ministers to |
| abide by such directions. |
| (3) If any such type of act as may seriously undermine the |
| sovereignty, territorial integrity, nationality or independence of Nepal is carried |
| out in an y State, the President may , as required, warn such State Council of |
| Ministers , suspend or dissolve the State Council of Ministers and the State |
| Assembly for a period not exceeding six months . |
| (4) Any suspension or dissolution of any State Council of Minist ers |
| and State Assembly m ade pursuant to clause (3 ) must get ratified by a two - |
| 145 |
| thirds majority of the total number of the then members of the Federal |
| Parliament within thirty five days. |
| (5) If dissolution made pursuant to clause (3) is ratified by the |
| Federal Parliament, election to the State Assem bly shall be held in such State |
| within six months. |
| Provided that such suspension or dissolution shall ipso facto be invalid |
| if it is not ratified by the Federal Parliament . |
| (6) The Federal ruling shall apply t o such State during the period of |
| such suspension if the suspension made pursuant to clause (3) is ratified |
| pursuant to clause (4 ) and until election to the State Assembly is held pursuant |
| to clause (5). |
| (7) During the continuance of the Federal rule, the Federal |
| Parliament may make laws with respect to an y matter enumerated in the List |
| contained in Schedule -6. Such laws shall continue to exist until repealed by |
| other laws made by the concerned State Assembly. |
| (8) The Government of Nepal may, directly or through the State |
| Government, render necessary assistance to, and give necessary directives to, |
| any Village Executive or Municipal Executive, pursuant to this Constitution |
| and the Federal l aw. It shall be the duty of the Village Executive or Munic ipal |
| Executive to abide by such directives. |
| 233. Relations between States : (1) One State shall render assistance in the execution |
| of legal provisions or judicial and administrative decisions or orders of another |
| State. |
| (2) A State may exchange information and consult with another State |
| on matters of common concern and interest, coordinate each other on their |
| activities and legislations and extend mutual assistance. |
| 146 |
| (3) A State shall , in accordance with its State l aw, provide equal |
| security, treatment and facility to residents of another State. |
| 234. Inter-State Council : (1) There shall be an Inter -State Council as follows to |
| settle political disputes arising between the Federation and a State and between |
| State s: |
| (a) Prim e Minister - Chairperso n |
| (b) Minister for Home Affairs of the Government of Nepal - Member |
| (c) Minister for Finance of the Government of Nepal - Member |
| (d) Chief Ministers of the concerned State s - Member |
| (2) The Inter-State Council may meet as required. |
| (3) The Inter -State Council may invite to its meeting a Minister of |
| the Government of Nepal and a Minister of the concerned State who is |
| responsible for the matter of dispute and a concerned exp ert. |
| (4) The rules of procedures of the meeting of the Inter -State Council |
| shall be as determined by the Council itself. |
| 235. Coordination between Federation , State and Local Level : (1) The Federal |
| Parliament shall make necessary laws in order to maintain coordination |
| between the Federation , State and Local l evel. |
| (2) The State Assembly may maintain coordination between the |
| State and Village Bodies or Municipalities and settle political disputes, if any, |
| that have arisen, in coordination with the conc erned Village Body , |
| Municipality and the District Coordination Committ ee. |
| (3) The processes and procedures for the settlement of disputes |
| under clause (2) sha ll be as provided for in the State l aw. |
| 236. Inter-State trade: Notwithstanding anything contained elsewhere in this |
| Constitution, it is prohibited to make any kind of obstruction to the carriage of |
| 147 |
| goods or extension of services by a State or Local level to another State or |
| Local l evel or to the carriage of goods or extension of services to any State or |
| Local Level or to levy tax, fee or charge thereon or to make any kind of |
| discrimination on the carriage or extension of such services or goods. |
| 237. Not to affect j urisdiction of Constitutional Bench of Supreme Court : Nothing |
| contained in this Part shall affect the jurisdiction of the Constitutional Bench of |
| the Supreme Court under Article 13 7. |
| |
| 148 |
| Part-21 |
| Commission for the Investigation of Abuse of Authority |
| 238. Commission for the Investigation of Abuse of Authority : (1) There shall be a |
| Commission for the Investigation of Abuse of Authority of Nepal, consisting of |
| the Chief Commissioner and four other Commissioners. The Chief |
| Commissioner shall act as the C hairperson of the Commission for the |
| Investigation of Abuse of Authorit y. |
| (2) The President shall, on recommendation of the Constitutional |
| Council, appoint t he Chief Commissioner and Commissioners. |
| (3) The term of office of the Chief Commissioner and |
| Commissioners shall be six yea rs from the date of appointment. |
| (4) Notwiths tanding anything contained in clause (3), the office of |
| the Chief Commissioner or a Commissioner shall be vacant in any of the |
| following circumstances: |
| (a) if he or she tenders resignation in writing to the President , |
| (b) if he or she attains the age of si xty-five years, |
| (c) if a motion of impeachment is passed against him or her |
| under Article 101, |
| (d) if he or she is removed from office by the President on |
| recommendation of the Constitutional Council on grounds |
| of his or her inability to hold office and di scharge the |
| functions due to physical or mental illness, |
| (e) if he or she dies. |
| (5) The Chief Commissioner and Commissioner s appointed under |
| clause (2) shall not be eligible for reappointment. |
| 149 |
| Provided that a Commissioner may be appointed to the office of Chief |
| Commissioner, and when a Commissioner is so appointed as the Chief |
| Commissioner, his or her term of office shall be so computed as to include his |
| or her term as the Commissioner. |
| (6) A person shall be eligible to be appointed as the Chief |
| Commission er or a Commissioner of the Commission for the Investigation of |
| Abuse of Authority if he or she possesses the following qualification: |
| (a) holding a bachelor's degree from a recognized university, |
| (b) not being a member of any political party at the time o f |
| appointment, |
| (c) having gained at least twenty years of experiences in the |
| field of either accounting, revenue, engineering, law, |
| development or research and being a distinguished person, |
| (d) having attained the age of forty five years, and |
| (e) being of high moral character. |
| (7) The remuneration and other conditions of service of the Chief |
| Commissioner and the Commissioners shall be as provided for in the Federal |
| law. The remuneration and conditions of service of the Chief Commissioner |
| and the Commissioners shall not, so long as they hold office, be altered to their |
| disadvantage. |
| Provided that this provision shall not apply in cases where a state of |
| emergency is declared because of extreme economic disarrays. |
| (8) A p erson once appointed as the C hief Commissioner or |
| Commissioner shall not be eligible for appointment in other government |
| service. |
| 150 |
| Provided that nothing in this clause shall be deemed to be a bar to the |
| appointment to any political position or to any position which has the |
| responsibili ty of making investigations, inquiries or findings on any subject, or |
| to any position which has the responsibility of submitting advice, opinion or |
| recommendation after carrying out a study or research on any subject. |
| 239. Functions, duties and powers of t he Commission for the Investigation of Abuse |
| of Authority : (1) The Commission for the Investigation of Abuse of Authority |
| may, in accordance with law, co nduct, or cause to be conducted, investigations |
| of any abuse of authority committed through cor ruption by any person holding |
| public office. |
| Provided that this clause shall not apply to any official in relation to |
| whom this Constitution itself separately provides for such action and to any |
| official in relation to whom other law provides for a separate specia l provision. |
| (2) In the case of the persons who can be removed from office by |
| passing a motion of impeachment under Article 101 , the Judges who can be |
| removed by the Judicial Council and the persons who are liable to action under |
| the Army Act, it may cond uct, or cause to be conducted, investigations in |
| accordance with the Federal l aw after they have been removed from office. |
| (3) If the Commission for the Investigation of Abuse of Authority |
| finds, on investigation conducted pursuant to clause (1) or (2), that a person |
| holding public office has committed an act which is defined by law as |
| corruption, it may file, or cause to be filed, a case against that person and other |
| person involved in that offense in the competent court in accordance with law. |
| (4) If, on investigation conducted pursuant to clause (1) or (2), any |
| act or action done or taken by a person holding public office appears to be of |
| such nature as to be falling under the jurisdiction of another official or body, |
| 151 |
| the Commission for the Investigatio n of Abuse of Authority may write to the |
| concerned official or body for necessary action. |
| (5) The Commission for the Investigation of Abuse of Authority may |
| delegate any of its functions, duties and powers on the conducting of |
| investigations or filing case s, to the Chief Commissioner, a Commissioner or |
| an officer employee of the Government of Nepal to be exercised and complied |
| with subject to the specified conditions. |
| (6) Other functions, duties and powers and rules of procedure of the |
| Commission for the In vestigation of Abuse of Authority shall be as provided |
| for in the Federal law. |
| |
| 152 |
| Part-22 |
| Auditor General |
| 240. Auditor General : (1) There shall be an Auditor General of Nepal. |
| (2) The President shall, on the recommendation of the Constitutional |
| Council, app oint the Auditor General. |
| (3) The term of office of the Auditor General shall be six years from |
| the date of appointment. |
| (4) Notwithstanding anything contained in clause (3), the office of |
| the Auditor General shall be vacant in any of the following circum stances: |
| (a) if he or she tenders resignation in writing to the President, |
| (b) if he or she attains the age of sixty -five years, |
| (c) if a motion of impeachment is passed against him or her |
| under Article 101, |
| (d) if he or she is removed from office by the President on |
| recommendation of the Constitutional Council on grounds |
| of his or her inability to hold office and discharge the |
| functions due to physical or mental illness, |
| (e) if he or she dies. |
| (5) The Auditor Ge neral appointed under clause (2) shall not be |
| eligible for reappointment. |
| (6) A person shall be eligible to be appointed as the Auditor General |
| if he or she possesses the following qualification: |
| (a) having served in the Special Class of the Government of |
| Nepal or having at least twenty years of experiences in |
| audit related work , after having obtained a bachelor's |
| 153 |
| degree in management, commerce or accounting from a |
| recognized university or having passed a chartered |
| accountancy examination, |
| (b) not being a m ember of any political party at the time of |
| appointment, |
| (c) having attained the age of forty five years, and |
| (d) being of high moral character. |
| (7) The remuneration and conditions of service of the Auditor |
| General shall be as provided for in the Federal l aw. The remuneration and |
| conditions of service of the Auditor General shall not, so long as he or she |
| holds office, be altered to his or her disadvantage. |
| Provided that this provision shall not apply in cases where a state of |
| emergency is declared because of extreme economic disarrays. |
| (8) A person once appointed as the Auditor General shall not be |
| eligible for appointment in another government service. |
| Provided that nothing in this clause shall be deemed to be a bar to the |
| appointment to any political posi tion or to any position which has the |
| responsibility of making investigations, inquiries or findings on any subject, or |
| to any position which has the responsibility of submitting advice, opinion or |
| recommendation after carrying out a study or research on a ny subject. |
| 241. Func tions, duties and powers of Auditor -General : (1) The accounts of all |
| Federal and State Government Offices including the Office of the President, |
| Office of the Vice -President, Supreme Court, Federal Parliament, State |
| Assembly, State Gov ernment, Local level , Constitutional Bod ies and Offices |
| thereof, C ourts, Office of the Attorney General , Nepal Army, Nepal Police and |
| Armed Police Force , Nepal shall be audited by the Auditor -General in |
| 154 |
| accordance with law, having regard to , inter alia , the regularity, economy, |
| efficiency, effectiveness and the propriety thereof. |
| (2) The Auditor General shall be consulted in the matter of |
| appointment of an auditor to carry out the audit of a corporate body of which |
| the Government of Nepal or State Govern ment owns more than fifty percent of |
| the shares or assets. The Auditor General may also issue necessary directives |
| setting forth the principles for carrying out the audit of such corporate body. |
| (3) The Auditor General shall, at all times, have power to ex amine |
| any books of accounts for the purpose of carrying out the functions under |
| clause (1). It shall be the duty of the concerned chief of office to provide all |
| such documents and information as may be demanded by the Auditor General |
| or any of his or her e mployees. |
| (4) The accounts to be audit ed pursuant to clause (1) shall be |
| maintained in the form prescribed by the Auditor General , as provided for in |
| the Federal l aw. |
| (5) In addition to the accounts of the offices mentioned in clause (1), |
| the Federal law m ay also require the accounts of any other office s or bodies to |
| be audited by the Auditor General. |
| |
| 155 |
| Part -23 |
| Public Service Commission |
| 242. Public Service Commission : (1) There shall be a Public Service Commission |
| of Nepal, consisting of the Chairperson and four other Members. |
| (2) The President shall, on the recommendation of the Constitutional |
| Council, appoint the Chairperson and Members. |
| (3) At least fifty percent of the tota l number of Members of the |
| Public Service Commission shall be appointed from amongst the persons who |
| have worked for twenty or more in any government service, and the rest of the |
| Members shall be appointed from amongst the persons who hold reputation |
| after having done research, investigation, teaching or any other significant |
| work in the field of science, technology, art, literature, law, public |
| administration, sociology or other sphere of national life. |
| (4) The term of office of the Ch airperson and Members of the Public |
| Service Commission shall be six years from the date of appointment. |
| (5) The Chairperson and Members appointed under clause (2) shall |
| not be eligible for reappointment. |
| Provided that a Member may be appointed to the office of Chairperson, |
| and when a Member is so appointed as the Chairperson, his or her term of |
| office shall be so computed as to include his or her term as the Member. |
| (6) Notwithstanding anything contained in clause (4 ), the office of |
| the Ch airperson or a Member of the Public Se rvice Commission shall be |
| vacant in any of the following circumstances: |
| (a) if he or she tenders resignation in writing to the President, |
| (b) if he or she attains the age of sixty -five years, |
| 156 |
| (c) if a motion of impeachment is passed against him or her |
| unde r Article 101, |
| (d) if he or she is removed from office by the President on |
| recommendation of the Constitutional Council on grounds |
| of his or her inability to hold office and discharge the |
| functions due to physical or mental illness, |
| (e) if he or she dies. |
| (7) A person shall be eligible to be appointed as the Chairperson or a |
| member of the Public Service Commission if he or she possesses the following |
| qualification: |
| (a) holding a maste r's degree from a recognized university, |
| (b) not being a member of any political party at the time of |
| appointment, |
| (c) having attained the age of forty five years, and |
| (d) being of high moral character. |
| (8) The remuneration and other conditions of service of the |
| Chairperson and the m embers of the Publi c Service Commission shall be as |
| provided for in the Federal l aw. The remuneration and conditions of service of |
| the Chairperson and the Members of the Public Service Commission shall not, |
| so long as they hold office, be altered to their disadvantage. |
| Provided that this provision shall not apply in cases where a state of |
| emergency is declared because of extreme economic disarrays. |
| (9) A person once appoin ted as the Chairperson and the m embers of |
| the Public Service Commission shall not be eligible for ap pointment in other |
| government service. |
| 157 |
| Provided that nothing in this clause shall be deemed to be a bar to the |
| appointment to any political position or to any position which has the |
| responsibility of making investigations, inquiries or findings on any subj ect, or |
| to any position which has the responsibility of submitting advice, opinion or |
| recommendation after carrying out a study or research on any subject. |
| 243. Functions, duties and powers of the Public Service Commission : (1) It shall be |
| the duty of the Public Service Commission to conduct examinations for the |
| selection of suitable candidates to be appointed to the positions in the Civil |
| Service. |
| Explanation : For the p urposes of this Article, "positions in the Civil |
| Service" mean s all positions in the services of the Government of Nepal, other |
| than the positions in the services of Army personnel, Nepal Police or Armed |
| Police Force, Nepal and such other positions in the services as are excluded by |
| an Act from the Civil Service . |
| (2) The Public Service Commission shall conduct written |
| examinations to be given for appointment to the offices of the Nepal Army, |
| Nepal Police, Armed Police Force, Nepal, other Federal governmental services |
| and of bodies corporate, other than the positions in the Civil Service. |
| Explanation : For the pur poses of this Article, "body corporate" means a |
| corporation, company, bank or board of which more than fifty percent or more |
| of the shares or assets is owned or controlled by the Government of Nepal , |
| except a uni versity or Education Service Commission, or a commission, |
| corporation, authority, body, academy, board, centre, council and other body |
| corporate of similar nature established under the Federal l aw or formed by the |
| Government of Nepal. |
| (3) The Public S ervice Commission shall be consulted on the general |
| principles to be followed in the course of making appointment and promotion |
| 158 |
| to any position of the Nepal army, Nepal Police, Armed Poli ce Force, Nepal |
| and other Federal government service s. |
| (4) The Public Service Commission shall be consulted on the laws |
| relating to the conditions of service of the employees in the service of a body |
| corporate and on the general principles to be followed in the course of making |
| promotion to any position of such service and taking departmental action |
| against any such employee. |
| (5) No permanent appointment to any pensionable position |
| chargeable on the Government of Nepal shall be made except in consultation |
| with the Public Service Commission. |
| (6) The Public Service Commission shall be consulted on the |
| following subjects: |
| (a) matters concerning the law relating to the conditions of |
| service of the Federal Civil Service; |
| (b) the principles to be followed in making appointments to, |
| promotions to, the Federal Civil Service or positions thereof |
| and taking departmental action; |
| (c) matters concerning the suitability of an y candidate for |
| appointment to the Federal Civil Service position for a period |
| of more than six months; |
| (d) matters concerning the suitability of any candidate for |
| transfer or promotion from a position in one type of Federal |
| Civil Service to a position in other type of Federal Civil |
| Service or transfer or promotion from other government |
| service to the Federal Civil Service or for a change in service |
| or transfer from a position in a State Civil Service to a |
| 159 |
| position in the Federal Civil Service or from a position in the |
| Federal Civil Service to a State Civil Service, |
| (e) matters concerning the permanent transfer or promotion of an |
| employee working in any position which does not require |
| consultation with the Public Service Commission to any |
| position which requires consultation with the Public S ervice |
| Commission; and |
| (f) matters relating to departmental action against any employee |
| of the Federal Civil Service. |
| (7) Notwithstanding an ything contained in clause (6 ), matters falling |
| within the jurisdiction of the Judicial Service Commission under A rticle 15 4 |
| shall be governed by that Article. |
| (8) The Public Service Commission may so delegate any of its |
| functions, duties and powers to its Chairperson or Member, an employee of the |
| Government of Nepal as to be exercised and complied with subject to the |
| specified conditions. |
| (9) Other functions, duties and powers and rules of procedure of the |
| Public Service Commission shall be as provided for in the Federal l aw. |
| 244. Provisions r elating to State Public Service Commission : (1) Each State shall |
| have a State Public Service Commission. |
| (2) The f unctions, duties and powers of the State Public Service |
| Commission shall be as provided for in the State l aw. |
| (3) The Federal Parliament shall by law determine grounds and |
| standards for the purposes of clause (2 ). |
| |
| 160 |
| Part-24 |
| Election Commission |
| 245. Election Commission : (1) There shall be an Election Commission of Nepal, |
| consisting of a Chief Commissioner and four other Commissioners. The Chief |
| Commissioner shall act as the chairperson of the Election Commission. |
| (2) The President shall, on the recommendation of the Constitutional |
| Council, appoint the Chief Election Commissioner and Commissioners. |
| (3) The term of office of the Chief Election Commissioner and |
| Commissioners of the Election Commission shall be six years from the date of |
| appointment. |
| (4) Notwithstanding anything contained in clause (3 ), the office of |
| the Chief Election Commissioner or Election Commissioner shall be vacant in |
| any of the following circumstances: |
| (a) if he or she tenders resignation in writing to the President, |
| (b) if he or she attains the a ge of sixty -five years, |
| (c) if a motion of impeachment is passed against him or her |
| under Article 101, |
| (d) if he or she is removed from office by the President on |
| recommendation of the Constitutional Council on grounds |
| of his or her inability to hold offic e and discharge the |
| functions due to physical or mental illness, |
| (e) if he or she dies. |
| (5) The Chief Election Commissioner and Commissioners appointed |
| under clause (2) shall not be eligible for reappointment. |
| Provided that a Commissioner may be appointe d to the office of Chief |
| Election Commissioner , and when a Commissioner is so appointed as the Chief |
| 161 |
| Election Commissioner , his or her term of office shall be so computed as to |
| include his or her term as the Commissioner . |
| (6) A person shall be eligible to be appointed as the Chief Election |
| Commissioner or a n Election Commissioner if he or she possesses the |
| following qualification: |
| (a) holding a bachelo r's degree from a recognized university, |
| (b) not being a member of any political party at the time of |
| appoi ntment, |
| (c) having attained the age of forty five years, and |
| (d) being of high moral character. |
| (7) The remuneration and other conditions of service of the Chief |
| Election Commissioner and Election Commissioners shall be as provided for in |
| the Federal l aw. The remuneration and conditions of service of the Chief |
| Election Commissioner and the Commissioners shall not, so long as they hold |
| office, be altered to their disadvantage. |
| Provided that this provision shall not apply in cases where a state of |
| emergency is declared because of extreme economic disarrays. |
| (8) A person once appointed as the Chief Election Commissioner |
| and a Commissioner of the Election Commission shall not be eligible for |
| appointment in other government service. |
| Provided that nothing in this clause shall be deemed to be a bar to the |
| appointment to any political position or to any position which has the |
| responsibility of making investigations, inquiries or findings on any subject, or |
| to any position which has the responsibility of submitting a dvice, opinion or |
| recommendation after carrying out a study or research on any subject. |
| 162 |
| 246. Functions, duties and powers of the Election Commission : (1) The Election |
| Commission shal l, subject to this Constitution and the Federal l aw, conduct, |
| supervise, direct and control the election to the President, Vice -President, |
| members of the Federal Parliament, members of State A ssemblies and |
| members of Local l evel. For these purposes, the Election Commission shall |
| prepare electoral rolls. |
| (2) The Election Commission shall hold a referendum on a matter of |
| national importance pursuant to this Constitution and the Federal l aw |
| (3) If, after nomination of candidacy for the President, Vic e- |
| President, member of the Federal Parliament, member of State Assemblies or |
| member of Local l evel h as been filed but before the election results are |
| declared , a question arises about the qualification of a candidate, the Election |
| Commission shall decide that question. |
| (4) The Election Commission may so delegate any o f its functions, |
| duties and powers to the Chief Election Commissioner, Election Commissioner |
| or any government employee as to be exercised and complied with subject to |
| the specified conditions. |
| (5) Other functions, duties and powers and rules of procedure of the |
| Election Commission shall be as provided for in the Federal l aw. |
| 247. To provide necessary assistance to Election Commission : The Government of |
| Nepal , State Government and Local Government shall provide such employees |
| and other assistance to the Election Commission as may be required to perform |
| its functions pursuant to this Constitution. |
| |
| 163 |
| Part-25 |
| National Human Rights Commission |
| 248. National Human Rights Commission : (1) There shall be a National Human |
| Rights Commission of Nepal, consisting of a Chairperson and four other |
| members . |
| (2) The President shall, on the recommendation of the Constitutional |
| Council, appoint the Chairperson and members . |
| (3) The term of office of the Chairperson and members of the |
| National Human Rights Commission shall be six years from the date of |
| appointment. |
| (4) The Chairperson and m embers appointed under clause (2) shall |
| not be eligible for reappointment. |
| Provided that a Member may be appointed to the off ice of Chairperson, |
| and when a m ember is so appointed as the Chairperson, his or her term of |
| office shall be so computed as to include his or her term as the Member. |
| (5) Notwithstanding anything contained in clause (3 ), the office of |
| the Ch airperson or m ember of the National Human Rights Commission shall |
| be vacant in any of the following circumstances: |
| (a) if he or she tenders resignation in writing to the President, |
| (b) if a motion of impeachment is passed against him or her |
| under Article 101, |
| (c) if he or she is removed from office by the President on |
| recommendation of the Constitutional Council on grounds |
| of his or her inability to hold office and discharge the |
| functions due to physical or mental illness, |
| (d) if he or she dies. |
| 164 |
| (6) A person sha ll be eligible to be appointed as the Ch airperson or a |
| member of the National Human Rights Commission if he or she possesses the |
| following qualification: |
| (a) in the case of the Chairperson, being a retired Chief Justice or |
| retired Judge of the Supreme Cour t and having rendered |
| outstanding contribution to the protection and promotion of |
| human rights or being a renowned person having been active for |
| at least twenty years in and rendered outstanding contribution to |
| the protection and promotion of human rights or to various fields |
| of national life, |
| (b) in the case of a Member, being a person being involved in the |
| field of the protection and promotion of human rights or rights |
| and interests of the child or being a renowned person having been |
| active for at least t wenty years in and rendered outstanding |
| contribution to various fields of national life, |
| (c) holding a bachelor's degree from a recognized university, |
| (d) having attained the age of forty five years, |
| (e) not being a member of any political party at the time of |
| appointment, |
| (f) being of high moral character. |
| (7) The remuneration and other conditions of service of the |
| Chairperson and members of the National Human Rights Commission shall be |
| as provided for in the Federal law. The remuneration and conditions of service |
| of the Chairperson and m embers of the National Human Rights Commission |
| shall not, so long as they hold office, be altered to their disadvantage. |
| Provided that this provision shall not apply in cases where a state of |
| emergency is declared because of extreme economic disarrays. |
| 165 |
| (8) A person once appointed as the Chairperson or a m ember of the |
| National Human Rights Commission shall not be eligible for appointment in |
| other government service. |
| Provided th at nothing in this clause shall be deemed to be a bar to the |
| appointment to any political position or to any position which has the |
| responsibility of making investigations, inquiries or findings on any subject, or |
| to any position which has the responsibili ty of submitting advice, opinion or |
| recommendation after carrying out a study or research on any subject. |
| 249. Functions, duties and powers of National Human Rights Commission : (1) It |
| shall be the duty of the National Hum an Rights Commission to respect, pr otect |
| and promote human rights and ensure effective enforcement thereof. |
| (2) For the accomplishment of the duty mentioned in clause (1), the |
| National Human Rights Commission shall perform the following functions: |
| (a) to inquire, on its own initiative or on petition or complaint |
| presented in or sent to the Commission by a victim or any person |
| on his or her behalf or on information received by the |
| Commission from any source, into and investigate complaints of |
| violations of human rights of an individual or gro up or abetment |
| thereof, and make recommendation for action against the |
| perpetrators , |
| (b) if any official who has the responsibility or duty to prevent |
| violations of human rights fails to fulfill or perform his or her |
| responsibility or duty or shows reluctance in the fulfillment or |
| performance of his or her responsibility or duty, to make |
| recommendation to the concerned authority to take department al |
| action against such official, |
| 166 |
| (c) if it is required to institute a case against any person or |
| organiza tion who has violated human rights, to make |
| recommendation to file a case in the court in accordance with |
| law; |
| (d) to coordinate and collaborate with the civil society in order to |
| enhance awareness on human rights, |
| (e) to make recommendation, accompanied by the reasons and |
| grounds, to the concerned body for taking departmental action |
| against and imposing punishment on those who ha ve violated |
| human rights, |
| (f) to carry out periodic reviews of the relevant laws relating to |
| human rights and make recommendatio n to the Government of |
| Nepal for necessary improvements in and amendments to such |
| laws, |
| (g) if Nepal has to become a party to any international treaty or |
| agreement on human rights, to make recommendation, |
| accompanied by the reasons therefor, to the Govern ment of |
| Nepal; and monitor whether any such treaty or agreement to |
| which Nepal is already a party has been implemented, and if it is |
| found not to have been implemented, to make recommendation |
| to the Government of Nepal for its implementation, |
| (h) to publis h, in accordance with law, the names of the officials, |
| persons or bodies who have failed to observe or implement any |
| recommendations or directives made or given by the National |
| Human Rights Commission in relation to the violations of human |
| rights, and reco rd them as violators of human rights. |
| 167 |
| (3) In discharging its functions or performing its duties, the National |
| Human Rights Commission may exercise the following powers: |
| (a) to exercise all such powers as of a court in respect of the |
| summoning and enforcin g the attendance of any person before |
| the Commission and seeking and recording his or her information |
| or statements or depositions, examining evidence an d producing |
| exhibits and proofs, |
| (b) on receipt of information by the Commission in any manner that |
| a serious violation of human rights has already been committed |
| or is going to be committed, to search any person or his or her |
| residence or office, enter such residence or office without notice, |
| and, in the course of making such search, take possession of any |
| document, evidence or proof related wit h the violation of human |
| rights, |
| (c) in the event of necessity to take action immediately on receipt of |
| information that the human rights of any person are being |
| violated, to enter any government office or any other place |
| withou t notice and rescue such person, |
| (d) to order for the provision of compensation in accordance with |
| law to any person who is a victim of the violations of human |
| rights; |
| (4) The National Human Rights Commission may so delegate any of |
| its function s, duties and powers to the Chairperson of the Commission, any of |
| its Members or a government employee as to be exercised and complied with |
| subject to the specified conditions. |
| 168 |
| (5) Other functions, duties and powers and rules of procedure of the |
| National H uman Rights Commission shall be as provided for in the F ederal |
| law. |
| Part-26 |
| National Natural Resources and Fi scal Commission |
| 250. National Natural Resources and Fiscal Commission : (1) There shall be a |
| National Natural Resources and Fiscal Commission of Nepal, consisting of a |
| maximum of five members including a Chairperson. |
| (2) The President shall, on the recommendation of the Constitutional |
| Council, appoint the Chairperson and members of the National Natural |
| Resources and Fiscal Commission. |
| (3) The term of office of the Chairperson and members of the |
| National Natural Resources and Fiscal Commission shall be six years from the |
| date of appointment. |
| (4) Notwithstanding anything contained in cla use (3), the office of |
| the Chairperson or m ember of the National Natural Resources and Fiscal |
| Commission shall be vacant in any of the following circumstances: |
| (a) if he or she tenders resignation in writing to the President, |
| (b) if he or she attains the age of sixty -five years, |
| (c) if a motion of impeachment is passed against him or her |
| under Article 101, |
| (d) if he or she is removed from office by the President on |
| recommendation of the Constitutional Council on grounds |
| of his or her inability to hold office and discharge the |
| functions due to physical or mental illness, |
| (e) if he or she dies. |
| 169 |
| (5) The Chairperson and m embers appointed under clause (2) shall |
| not be eligible for reappointment. |
| Provided that a m ember may be appointed to the off ice of Chairperson, |
| and when a m ember is so appointed as the Chairperson, his or her term of |
| office shall be so computed as to include his or her term as the m ember. |
| (6) A person shall be eligible to be appointed as the Chairperson or a |
| member of th e National Natural Resources and Fiscal Commission if he or she |
| possesses the following qualification: |
| (a) having gained expertise upon being active for at least twenty |
| years in the field of natural resources or fiscal management, |
| economic s, law, management, after holding a bachelor's degree in |
| the relevant subject from a recognized university, |
| (b) not being a member of any political party at the time of |
| appointment, |
| (c) having attained the age of forty five years, |
| (d) being of high moral ch aracter. |
| (7) The remuneration and other conditions of service of the |
| Chairperson and m embers of the National Natural Resources and Fiscal |
| Commission s hall be as provided for in the Federal l aw, and their remuneration |
| and conditions of service shall not, so long as they hold office, be altered to |
| their disadvantage. |
| Provided that this provision shall not apply in cases where a state of |
| emergency is declared because of extreme economic disarrays. |
| (8) A person once appointed as the Chairperson or a m ember of t he |
| National Natural Resources and Fiscal Commission shall not be eligible for |
| appointment in other government service. |
| 170 |
| Provided that nothing in this clause shall be deemed to be a bar to the |
| appointment to any political position or to any position which ha s the |
| responsibility of making investigations, inquiries or findings on any subject, or |
| to any position which has the responsibility of submitting advice, opinion or |
| recommendation after carrying out a study or research on any subject. |
| 251. Functions, duti es and powers of National Natural Resources and Fiscal |
| Commission : (1) The functions, duties and powers of the National Natural |
| Resources and Fiscal Commission shall be as follows: |
| (a) to determine detailed basis and modality for the distributi on of |
| revenu es between the Federal , State and Loc al Governments out |
| of the Federal Consolidated Fund in accordance with the |
| Constitution and law, |
| (b) to make recommendation about equalization grants to be |
| provided to the State and Lo cal Governments out of the Federal |
| Consolidated Fund, |
| (c) to conduct study and research work and prepare parameters as to |
| conditional grants to be provided to the State and Local |
| Governments in accordance with national policies and programs, |
| norms/standards and situation of infrastructures , |
| (d) to determine detai led basi s and modality for the distribution of |
| revenues between the State and Local Governments out of the |
| State Consolidated Fund, |
| (e) to recommend measures t o meet expenditures of the Federal , |
| State and Local Governments, and to reform revenue collection, |
| (f) to analyze macro -economic indicators and recommend ceiling of |
| internal loans that the Federal , State and Local Governments can |
| borrow, |
| 171 |
| (g) to review the bases for th e distribution between the Federal and |
| State Governments of revenues and recommend for revision, |
| (h) to set bases for the determination of shares of the Government of |
| Nepal, State Government and Local l evel in investments and |
| returns, in the mobilization of natural resources, |
| (i) to do study and research work on po ssible disputes that may arise |
| between the Federation and the States, between State s, between a |
| State and a Local level, and between Local levels , and make |
| suggestions to act in a coordinated manner for the prevention of |
| such disputes. |
| (2) The National Na tural Resources and Fiscal Commission shall |
| carry out necessary study and research work about environmental impact |
| assessment required in the course of distribution of natural resources, and make |
| recommendations to the Government of Nepal. |
| (3) Other functions, duties and powers and rules of procedure of the |
| National Natural Resources and Fiscal Commission , detailed bases required to |
| be followed in the mobilization of natural resources or distribution of revenues, |
| and other matters including cond itions of service of the officials of the |
| Commission shall be as provided for in the Federal l aw. |
| |
| 172 |
| Part-27 |
| Other Commissions |
| 252. National Women Commission : (1) There shall be a National Women |
| Commission of Nepal, consisting of a Chairperson and four othe r members. |
| (2) The President shall, on the recommendation of the Constitutional |
| Council, appoint the Chairperson and members of the National Women |
| Commission. |
| (3) The term of office of the Chairperson and members of the |
| National Women Commission shall be six years from the date of appointment. |
| (4) Notwithstanding anything contained in clause (3), the office of |
| the Chairperson or member of the National Women Commission shall be |
| vacant in any of the following circumstances: |
| (a) if he or she tenders resignat ion in writing to the President, |
| (b) if he or she attains the age of sixty -five years, |
| (c) if a motion of impeachment is passed against him or her |
| under Article 101, |
| (d) if he or she is removed from office by the President on |
| recommendation of the Constitutional Council on grounds |
| of his or her inability to hold office and discharge the |
| functions due to physical or mental illness, |
| (e) if he or she dies. |
| (5) The Chairperso n and members appointed under clause (2) shall |
| not be eligible for reappointment. |
| Provided that a member may be appointed to the office of Chairperson, |
| and when a member is so appointed as the Chairperson, his or her term of |
| office shall be so computed as to include his or her term as the member. |
| 173 |
| (6) A person shall be eligible to be appointed as the Chairperson or a |
| member of the National Women Commission if he or she possesses the |
| following qualification: |
| (a) being a woman having rendered outstanding contr ibution , for at |
| least ten years, to the field of rights and interests of women or |
| gender justice or women development or human rights and law, |
| (b) in the case of the Chairperson, holding a bachelor's degree from a |
| recognized university, |
| (c) having attained the age of forty five years, |
| (d) not being a member of any political party at the time of |
| appointment, and |
| (e) being of high moral character. |
| (7) The remuneration and conditions of service of the Chairperson |
| and members of the National Women Comm ission shall be as provided for in |
| the Federal law, and their remuneration and conditions of service shall not, so |
| long as they hold office, be altered to their disadvantage. |
| Provided that this provision shall not apply in cases where a state of |
| emergency is declared because of extreme economic disarrays. |
| (8) A person once appointed as the Chairperson or a m ember of the |
| National Women Commission shall not be eligible for appointment in other |
| government service. |
| Provided that nothing in this clause shall be deemed to be a bar to the |
| appointment to any political position or to any position which has the |
| responsibility of making investigations, inquiries or findings on any subject, or |
| to any position which has the responsibility of submitting advice, opinion or |
| recommendation after carrying out a study or research on any subject. |
| 174 |
| 253. Functions, duties and powers of National Women Commission : (1) The |
| functions, duties and powers of the National Women Commission shall be as |
| follows: |
| (a) to formulate policies and programs concerning the rights and |
| interests of the women and submit them to the Government of Nepal |
| for implementation. |
| (b) to monitor as to whether laws concerning the rights and interests of |
| the women and obligations under the international treaties to which |
| Nepal is a party have been implemented, and make suggestions, |
| accompanied by the measures for their effective compliance and |
| implementation to the Government of Nepal, |
| (c) in order to have the women included in the mainstream of national |
| development and ensure proportional participation in all organs of |
| the State, to assess , monitor and evaluate the existing policies and |
| programs, and make recommendation to the Government of Nepal |
| for their effective implementation, |
| (d) to carry out study and research work on the legal provisions relating |
| to gender equality, empowerment of women and women, make |
| recommendations to the concerned bodies on reforms to be made on |
| such laws, and monitor the same. |
| (e) to make suggestions to the Go vernment of Nepal about the |
| preparation of reports to be submitted by Nepal in accordance with |
| the provisions contained in the international treaties or agreements |
| concerning women's rights, to which Nepal is a party, |
| (f) if it is necessary to file cases a gainst any persons or bodies on |
| matters of violence against women or being subjected to social ill - |
| practices or infringement of or deprivation of enjoyment of women's |
| 175 |
| rights, to make recommendations to the concerned bodies to file |
| such cases in courts in a ccordance with the law. |
| (2) The National Women Commission may so delegate any of its |
| functions, duties and powers to the Chairperson of the Commission, any of its |
| members or any employee of the Government of Nepal as to be exercised and |
| complied with subje ct to the specified conditions. |
| (3) Other functions, duties and powers and other relevant matters of |
| the National Women Commi ssion shall be as provided for in the Federal l aw. |
| 254. Powers to establish offices in States : The National Women Rights Commission |
| may, as required, establish its offices in States. |
| 255. National Dalit Commission : (1) There shall be a National Dalit Commission of |
| Nepal, consisting of a Chairperson and four other members. |
| (2) The President shall, on the recommendation of the Constitu tional |
| Council, appoint the Chairperson and members of the National Dalit |
| Commission. |
| (3) The term of office of the Chairperson and members of the |
| National Dalit Commission shall be six years from the date of appointment. |
| (4) Notwithstanding anything contained in clause (3), the office of |
| the Chairperson or member of the National Dalit Commission shall be vacant |
| in any of the following circumstances: |
| (a) if he or she tenders resignation in writing to the President, |
| (b) if he or she attains the age of sixty -five years, |
| (c) if a motion of impeachment is passed against him or her |
| under Article 101, |
| (d) if he or she is removed from office by the President on |
| recommendation of the Constitutional Council on grounds |
| 176 |
| of his or her inabi lity to hold office and discharge the |
| functions due to physical or mental illness, |
| (e) if he or she dies. |
| (5) The Chairperson and members appointed under clause (2) shall |
| not be eligible for reappointment. |
| Provided that a member may be appointed to the off ice of Chairperson, |
| and when a member is so appointed as the Chairperson, his or her term of |
| office shall be so computed as to include his or her term as the member. |
| (6) A person shall be eligible to be appointed as the Chairperson or a |
| member of the Natio nal Dalit Commission if he or she possesses the following |
| qualification: |
| (a) being a person having rendered outstanding contribution to the |
| field of rights and interests of the Dalit community or human |
| rights and law , for at least ten years , |
| (b) in the case of the Chairperson, holding a t least a bachelor's |
| degree from a recognized university, |
| (c) having attained the age of forty five years, |
| (d) not being a member of any political party at the time of |
| appointment, and |
| (e) being of high moral characte r. |
| (7) The remuneration and conditions of service of the Chairperson |
| and members of the National Dalit Commission shall be as provided for in the |
| Federal law, and their remuneration and conditions of service shall not, so long |
| as they hold office, be alter ed to their disadvantage. |
| Provided that this provision shall not apply in cases where a state of |
| emergency is declared because of extreme economic disarrays. |
| 177 |
| (8) A person once appointed as the Chairperson or a member of the |
| National Dalit Commission shall not be eligible for appointment in other |
| government service. |
| Provided that nothing in this clause shall be deemed to be a bar to the |
| appointment to any political position or to any position which has the |
| responsibility of making investigations, inquiries o r findings on any subject, or |
| to any position which has the responsibility of submitting advice, opinion or |
| recommendation after carrying out a study or research on any subject. |
| 256. Functions, duties and powers of National Dalit Commission : (1) The functions, |
| duties and powers of the National Dalit Commission shall be as follows: |
| (a) to conduct study and exploration as to the overall situation of the |
| Dalit community, identify areas of necessary policy, legal and |
| institutional reforms in that field, and make recommendations to the |
| Government of Nepal, |
| (b) to formulate national policies and programs concerning the interests |
| of the Dalit for the upliftment and development of the Dalit, putting |
| an end to caste -based discrimination, oppression and discrim ination, |
| and submit such policies and programs to the Government of Nepal |
| for their implementation, |
| (c) to monitor as to whether laws concerning the interests of the Dalit , |
| including the special provisions made for the upliftment and interests |
| of the Dalit community have been effectively implemented, and in |
| the event of absence of observance or implementation, to make |
| suggestions to the Government of Nepal for the observance or |
| implementation thereof , |
| (d) to make suggestions to the Government of Nepal about the |
| preparation of reports to be submitted by Nepal in accordance with |
| 178 |
| the provisions contained in the international treaties or agreements |
| concerning the rights of the Dalit community, to which Nepal is a |
| party, |
| (e) in order to have the Dalit community included in the mainstream of |
| national development and ensure proportional participation in all |
| organs of the State, to assess , monitor and evaluate the existing |
| policies and programs, and make recommendation to the |
| Government of Nepal for their effective implementation, |
| (f) if it is necessary to file cases against any persons or bodies on |
| matters of being victims of caste -based discrimination and |
| untouchability or social ill -practices or infringement of or |
| deprivation of enjoyment of the rights of the Dalit , to make |
| recommendations to the concerned bodies to file such cases in courts |
| in accordance with the law. |
| (2) The National Dalit Commission may so delegate any of its |
| functions, duties and powers to the Chairperson of the Commission, any of it s |
| members or any employee of the Government of Nepal as to be exercised and |
| complied with subject to the specified conditions. |
| (3) Other functions, duties and powers and other relevant matters of |
| the National Dalit Commission shall be as provided for in the Federal l aw. |
| 257. Powers to establish offices in States : The National Dalit Commission may, as |
| required, establish its offices in States. |
| 258. National Inclusion Commission : (1) There shall be a National Inclusion |
| Commission of Nepal, consisting of a Chairperson and four other members. |
| (2) The President shall, on the recommendation of the Constitutional |
| Council, appoint the Chairperson and members of the National Inclusion |
| Commission. |
| 179 |
| (3) The term of office of the Chairperson and members of the |
| National Inclusion Commission shall be six years from the date of |
| appointment. |
| (4) Notwithstanding anything contained in clause (3), the office of |
| the Chairperson or member of the National Incl usion Commission shall be |
| vacant in any of the following circumstances: |
| (a) if he or she tenders resignation in writing to the President, |
| (b) if he or she attains the age of sixty -five years, |
| (c) if a motion of impeachment is passed against him or her |
| unde r Article 101, |
| (d) if he or she is removed from office by the President on |
| recommendation of the Constitutional Council on grounds |
| of his or her inability to hold office and discharge the |
| functions due to physical or mental illness, |
| (e) if he or she dies. |
| (5) The Chairperson and members appointed under clause (2) shall |
| not be eligible for reappointment. |
| Provided that a member may be appointed to the office of Chairperson, |
| and when a member is so appointed as the Chairperson, his or her term of |
| office shall be so computed as to include his or her term as the member. |
| (6) A person shall be eligible to be appointed as the Chairperson or a |
| member of the National Inclusion Commission if he or she possesses the |
| following qualification: |
| (a) being a person having rendered outstanding contribution, for at |
| least ten years, to the field of social inclusion, rights and interests |
| or development of persons with disabilities, minority and |
| 180 |
| marginalized communities and backward areas and classes or |
| huma n rights , |
| (b) in the case of the Chairperson, holding a bachelor's degree from a |
| recognized university, |
| (c) having attained the age of forty five years, |
| (d) not being a member of any political party at the time of |
| appointment, and |
| (e) being of high moral c haracter. |
| (7) The remuneration and conditions of service of the Chairperson |
| and members of the National Inclusion Commission shall be as provided for in |
| the Federal law , and their remuneration and conditions of service shall not, so |
| long as they hold offic e, be altered to their disadvantage. |
| Provided that this provision shall not apply in cases where a state of |
| emergency is declared because of extreme economic disarrays. |
| (8) A person once appointed as the Chairperson or a member of the |
| National Inclusion Commission shall not be eligible for appointment in other |
| government service. |
| Provided that nothing in this clause shall be deemed to be a bar to the |
| appointment to any political position or to any position which has the |
| responsibility of making investigat ions, inquiries or findings on any subject, or |
| to any position which has the responsibility of submitting advice, opinion or |
| recommendation after carrying out a study or research on any subject. |
| 259. Functions, duties and powers of National Inclusion Commi ssion : (1) The |
| functions, duties and powers of the National Inclusion Commission shall be as |
| follows: |
| 181 |
| (a) to conduct study and research works for the protection of the rights |
| and interests of the communities, including Khas Arya , Pichhada |
| class, persons wi th disabilities, senior citizens, labours, peasants, |
| minorities and marginalize d community, backward class, people of |
| Karnali and the indigent class, |
| (b) to study the status of implementation of the policies and laws |
| adopted by the Government of Nepal for the inclusion of the |
| community, class and region mentioned in clause (a) and make |
| suggestions to the Government for reforms, |
| (c) to study as to whether there has been appropriate representation of |
| the community, class and region mentioned in clause (a) in the |
| organs of the State and make suggestions to the Government of |
| Nepal to review the special provisions made for the representation of |
| such community, class and region, |
| (d) to study as to whether the protection, empowerment and |
| development of the communit y, class and region mentioned in |
| clause (a) has been satisfactory and make recommendations to the |
| Government of Ne pal about polic ies to be pursued in the future, |
| (e) to make suggestions to the Government of Nepal about policies and |
| programs to be pursued f or the development and prosperity of the |
| Karnali and backward regions, |
| (f) to make recommendations for timely revisions of laws concerning |
| minority and marginalized communities, |
| (g) to monitor the status of implementation of rights and interests |
| guaranteed for minority and marginalized communities and make |
| recommendations for revision upon necessary review on the basis of |
| periodic national census and human development index. |
| 182 |
| (2) The National Inclusion Commission may so delegate any of its |
| functions, duties and powers to the Chairperson of the Commission, any of its |
| members or any employee of the Government of Nepal as to be exercised and |
| complied with subject to the specified conditions. |
| (3) Other functions, duties and powers and other relevant matters of |
| the National Inclusion Commission shall be as provided for in the Federal law. |
| 260. Powers to establish offices in States : The National Inclusion Rights |
| Commission may, as required, establish its offices in States. |
| 261. Indigenous Nationalities Commission : (1) There shall be an Indigenous |
| Nationalities Commission of Nepal, consisting of a Chairperson and a |
| maximum of four other members. |
| (2) The President shall, on the recommendation of the Constitutional |
| Council, appoint the Chairperson and members of the Indigenous Nationalities |
| Commission. |
| (3) The term of office of the Chairperson and members of the |
| Indigenous Nationalities Commission shall be six years from the date of |
| appointment. |
| (4) Other matters relating to t he qualification for the Chairperson and |
| members of the Indigenous Nationalities Commission, circumstances in which |
| their offices fall vacant, their remuneration and conditions of service and the |
| functions, duties and powers of this Commission shall be as provided for in the |
| Federal l aw. |
| 262. Madhesi Commission: (1) There shall be a Madhesi Commission of Nepal, |
| consisting of a Chairperson and a maximum of four other members. |
| (2) The President shall, on the recommendation of the Constitutional |
| Council, appoint the Chairperson and members of the Madhesi Commission. |
| 183 |
| (3) The term of office of the Chairperson and members of the |
| Madhesi Commission shall be six years from the date of appointment. |
| (4) Other matters relating to the qualification for the Chairperson and |
| members of the Madhesi Commission, circumstances in which their offices fall |
| vacant, their remuneration and conditions of service and the functions, duties |
| and powers of this Co mmission shall be as provided for in the Federal l aw. |
| 263. Tharu Commission: (1) There shall be a Tharu Commissio n of Nepal, |
| consisting of a Chairperson and a maximum of four other members. |
| (2) The President shall, on the recommendation of the Constitutional |
| Council, appoint the Chairperson and members of the Tharu Commission. |
| (3) The term of office of the Chairpers on and members of the Tharu |
| Commission shall be six years from the date of appointment. |
| (4) Other matters relating to the qualification for the Chairperson and |
| members of the Tharu Commission, circumstances in which their offices fall |
| vacant, their remune ration and conditions of service and the functions, duties |
| and powers of this Commission shall be as provided for in the Federal l aw. |
| 264. Muslim Commission : (1) There shall be a Muslim Commission of Nepal, |
| consisting of a Chairperson and a maximum of four other members. |
| (2) The President shall, on the recommendation of the Constitutional |
| Council, appoint the Chairperson and members of the Muslim Commission. |
| (3) The te rm of office of the Chairperson and members of the |
| Muslim Commission shall be six years from the date of appointment. |
| (4) Other matters relating to the qualification for the Chairperson and |
| members of the Muslim Commission, circumstances in which their of fices fall |
| vacant, their remuneration and conditions of service and the functions, duties |
| and powers of this C ommission shall be as provided for in the Federal l aw. |
| 184 |
| 265. Review of Commissions : The Federal Parliament shall, after ten years of the |
| commenceme nt of this Constitution, review the Commissions formed under |
| this Part. |
| |
| 185 |
| Part-28 |
| Provisions Relating to National Security |
| 266. National Security Council : (1) There shall be a National Security Council for |
| making recommendation to the Government of Nepal, Council of Ministers for |
| the formulation of a policy on overall national interest, security and defence of |
| Nepal, and for the mobilization and control of the Nepal Army, which shall |
| consist of the following as the Chairperson and members: |
| (a) The Prime Minister -Chairperson |
| (b) Minister for Defence , Government of Nepal -Member |
| (c) Minister for Home, Government of Nepal -Member |
| (d) Minister for Foreign Affairs, Government of Nepal -Member |
| (e) Minister for Finance, G overnment of Nepal -Member |
| (f) Chief Secretary of Government of Nepal -Member |
| (g) Commander -in-Chief, Nepal Army -Member |
| (2) The secretary at the Ministry of Defenc e shall act as the member |
| secretary of the National Security Council . |
| (3) The National Security Council shall submit its annual report to |
| the President, and the President shall cause the report to be laid through the |
| Prime Minister before the Federal Parliament. |
| (4) Other matters relating to the National Se curity Council shall be |
| as provided by the Federal l aw. |
| 267. Provisions r elating to Nepal Army : (1) There shall be an organization of the |
| Nepal Army in Nepal, which is inclusive and committed to this Constitution, |
| for the safeguarding of independence, sove reignty, territorial integrity and |
| national unity of Nepal. |
| 186 |
| (2) The President shall be the supreme commander -in-chief of the |
| Nepal Army. |
| (3) Entry of women, Dalit , indigenous people, indigenous |
| nationalities, Khas Arya , Madhesi , Tharu , Pichhada class and backward region |
| citizens into the Nepal Army shall, on the basis of principles of equality and |
| inclusion, be ensured by the Federal l aw. |
| (4) The Government of Nepal may also mobilize the Nepal Army in |
| other works including development, constru ction and disaster management |
| works, as provided for in the Federal l aw. |
| (5) The President shall, on recommendation of the Council of |
| Ministers, appoint the Commander -in-Chief and remove him or her from |
| office . |
| (6) The President shall, on recommendati on of the National Security |
| Council and pursuant to a decision of the Government of Nepal, Council of |
| Ministers, declare the mobilization of the Nepal Army in cases where a grave |
| emergency arises in regard to the sovereignty or territorial integrity of Nep al or |
| the security of any part thereof, by war, external aggression, armed rebellion or |
| extreme economic disarray. A declaration of the mobilization of the Nepal |
| Army must be ratified by the House of Representatives within one month after |
| the date of such declaration. |
| (7) Other matters pertaining to the Nepal Army shall be in |
| accordance with law. |
| 268. Provisions Relating to Nepal Police, Armed Police Force, Nepal and National |
| Investigation Department : (1) The Feder ation shall have Nepal Police, Armed |
| Police Force, Nepal and National Investigation Department . |
| (2) Each State shall have a State police organization. |
| 187 |
| (3) Matters relating to the Operation, supervision and coordination of |
| functions to be discharged by the Nepal Police and the State police shall be as |
| provided for in the Federal l aw. |
| (4) Other matters relating to the Nepal Police, Armed Police Force, |
| Nepal and National Investigation Department shall be as provided by the |
| Federal l aw. |
| |
| 188 |
| Part-29 |
| Provisions Relating to Political Parties |
| 269. Formation, registration and operation of political parties : (1) Persons who are |
| committed to common political ideology, philosophy and program may, |
| subject to laws made under sub -clause (c) of clause (2) of Article 17 , form and |
| operate political parties , and generate, or cause to be generated, publicity in |
| order to secure support and cooperation from the general public for their |
| ideolog y, philosophy and program or carry out other necessary activity for this |
| purpose. |
| (2) A political party formed in a ccordance with clause (1) must |
| register the party with the Election Commission upon fulfilment of the |
| procedures established by law. |
| (3) A petition to be made for the purpose of registration of a party in |
| accordance with clause (2) must be accompanied by the constitution and |
| manifesto of the concerned political party and such other documents as |
| required by the Federal l aw. |
| (4) For a petition to be made for the registration of a party in |
| accordance with clause (2), the political p arty must fulfil the following |
| conditions: |
| (a) its constitution and rules must be democratic, |
| (b) its constitution must provide for election of each of the office - |
| bearers of the party at the Federal and State levels at least once in |
| every five years; |
| provided that nothing shall bar the making of provision by the |
| constitution of a political party to hold such election within six |
| months in the event of failure to hold election of its office - |
| bearers within five years because of a special circumstance . |
| 189 |
| (c) there must be a provision of such inclusive representation in its |
| executive committees at various levels as may be reflecting the |
| diversity of Nepal. |
| (5) If the name, objective, insignia or flag of a political party is of |
| such a nature as to jeopardize th e religious and communal unity of the cou ntry |
| or to fragment the country, that party shall not be registered. |
| 270. Prohibition on imposition of restrictions on political parties: (1) Any law, |
| arrangement or decision so made as to impose any restriction on the formation |
| and operation of a political party and on the generation of publicity in order to |
| secure support and cooperation from the general public for the ideology, |
| philosophy and program of the party in accordance with Article 269 shall be |
| deemed to b e inconsistent with this Constitution and shall, ipso facto, be void. |
| (2) Any law, arrangement or decision so made as to allow for |
| participation or involvement of only a single political party or persons having |
| similar political ideology, philosophy or program in the elections or in the |
| political system of, or in the conduct of governance of, the country shall be |
| deemed to b e inconsistent with this Constitution and shall, ipso facto, be void. |
| 271. Registration required for securing recognition for the purpose of contesting |
| elections as political party: (1) Every political party that is registered in |
| accordance with Article 26 9 and intends to secure recognition from the |
| Election Commission for the purposes of elections must be registered with t he |
| Election Commission in fulfi lment of the procedures set forth in the Federal |
| law. |
| (2) The political party must submit a yearly aud it report in addition |
| to the matters set forth in clause (3) of Article 269 along with a n application to |
| be made for the purpose of clause (1) and also fulfil the terms set forth in clause |
| (4) of that Article. |
| 190 |
| 272. Other provisions relating to political pa rties: Provisions relating to the |
| formation, registration, operation and facilities of political parties and other |
| matters pertaining thereto shall be as provided for in the Federal l aw. |
| |
| 191 |
| Part-30 |
| Emergency Power |
| 273. Emergency p ower : (1) If a grave emergency arises in regard to the sovereignty , |
| territorial integrity of Nepal or the security of any part the reof, by war, external |
| aggression, armed rebellion, extreme economic disarray, natural calamity or |
| epidemic , the President may declare or order a state of emergency in respect of |
| the whole of Nepal or of any specified part thereof. |
| (2) Notwithstanding anything contained in clause (1), if there arises |
| a grave emergency in a State by a natural calamity or epidemic, the concerned |
| State Government may re quest the Government of Nepal to d eclare or order a |
| state of emergency in respect of the whole of the State or of any specified part |
| thereof, in accordance with this Ar ticle. |
| (3) Every declaration or order made in accordance with clause (1) |
| shall be laid b efore both Houses of the Federal Parliament for approval within |
| one month after the date of issuance of such proclamation or order. |
| (4) If a declaration or order laid for approval in accordance with |
| clause (3 ) is approved by a t least two-third s majority of the total number of the |
| then members of both Houses of the Federal Parliament, the declaration or |
| order shall continue in force for a period of three months from the date of its |
| issuance. |
| (5) If a declaration or or der laid for approval in acco rdance with |
| clause (3 ) is not approved in accordance with clause (3), the declaration or |
| order shall ipso facto be inoperative . |
| (6) Notwithstanding anything contained elsewhere in this Article, |
| prior to expiration of the period mentioned in clause (4 ), a motion to extend the |
| period of the declar ation or order of state of emergency for another period not |
| exceeding three months may be submitted to the Federal Parliament. |
| 192 |
| (7) If a motion mentioned in clause (6) is passed by at least two - |
| thirds majority of the total number of the then members of both Houses of the |
| Federal Parliament, the declaration or order shall continue in force for the |
| period mentioned in that motion. |
| (8) In the event of dissolution of the House of Representatives, the |
| powers exercisable by the Federal Parliament in accordance with clauses (3), |
| (4), (6) and (7) shall be exercised by the National Assembly. |
| (9) After the making of a declaration or order of a state of |
| emergency in accordance with clause (1), the President may issue such orders |
| as are necessary to meet the exigen cies. Orders so issued shall apply as of law |
| so long as the state of emergency is in operation. |
| (10) At the time of making a declaration or order of a state of |
| emergency in accordance with clause (1), the fundame ntal rights as provided in |
| Part-3 may be suspended until the declaration or order is in operation. |
| Provided that Article 16, sub -clauses (c) and (d) of clause (2) of Article |
| 17, Art icle 18, clause (2) of Article 19 , Articles 20, 21, 22 and 24, clause (1) of |
| Article 26, Articles 29, 30, 31, 32, 35, clauses (1) and (2 ) of Article 36, |
| Articles 38 and 39, clauses (2) and (3) of Article 40, Articles 41, 42, 43 and 45, |
| the right to constitutional remedy in relation to such Articles pursuant to |
| Article 46 and the right to the remedy of habeas corpus shall not be suspended. |
| (11) If any Article of this Constitution is suspended pursuant to clause |
| (10), no petition may lie in any court f or the enforcement of the fun damental |
| right conferred by that Article nor may a question be raised in any C ourt in that |
| respect. |
| (12) If, during the continuance of a declaration or order under this |
| Article, any injury is caused to a person from any act don e by any offi cial in |
| bad faith, the victim may, within three months fro m the date of termination of |
| 193 |
| that declaration or order, file a petition for c ompensation for such injury. If |
| such petition is made , the court may order for compensation by, and punish , |
| the perpetrator as provided for in the Federal l aw. |
| (13) The President may, at any time, withdraw a declaration or order |
| of a state of emergency made in accordance with this Article. |
| |
| 194 |
| Part-31 |
| Amendment to the Constitution |
| 274. Amendment to Constitution : (1) No amendment shall be made to this |
| Constitution in manner to be prejudicial to the sovereignty, territorial integrity, |
| independence of Nepal and sovereignty vested in the people. |
| (2) Subject to clause (1) and other Articles of this Constitution, a Bill |
| to amend or repeal any Article of this Constitution may be introduced in either |
| House of the Federal Parliament . |
| Provided that clause (1) shall not be amended. |
| (3) A Bill introduced pursuant to clause (1) shall be publicly |
| published for information to the general public within thirty days of its |
| introduction in the concerned House. |
| (4) If a Bill introduced pursuant to clause (1) is related with the |
| alteration in the borders of any State or matters set forth in Schedule -6, the |
| Speaker or the Chairperson of the concerned House must send that Bill to the |
| State Assembly for its consent, within thirty days after its introduction in the |
| Federal Parliament . |
| (5) The concerned State Assembly must , by a majority of the total |
| number o f its the then members, accept or reject the Bill presented for its |
| consent pursuant to clause (4 ) and give information thereof to the Federal |
| Parliament within three months. |
| Provided that if any State Assembly is not in existence , such Bill must |
| be either accepted or rejected within three months after the date of holding of |
| the first meeting following the formation of that State Assembly. |
| (6) In the event of failure to give information of a cceptance or |
| rejection of such Bill within the period set forth in clause (5), nothing shall |
| 195 |
| prevent the House of the Federal Parliament in which the Bill was originated |
| from proceeding with the Bill. |
| (7) If the State Assembly, by its majority, gives a notice of rejection |
| of such Bill to the concerned House of the Federal Parliament within the period |
| under clause (5), the Bill shall be inoperative. |
| (8) A Bill which does not require th e consent of the State Assembly |
| or a Bill accepted by a majority of the State Assembly under clause (5) must be |
| passed by at least two-thirds majority of the total number of the then members |
| of both House s of the Federal Parliament . |
| (9) A Bill passed under clause (8) shall be presented to the President |
| for assent. |
| (10) The President shall give assent to a Bill presented under clause |
| (5), within fifteen days from the date of its receipt, and the Constitution shall |
| get amended from the date of assent. |
| |
| 196 |
| Part-32 |
| Miscellaneous |
| 275. Provisions relating to referendum : (1) If a decision is made by a two -thirds |
| majority of the total number of the then members of the Federal Parliament |
| that it is necessary to hold a referendum with respect to any matter of national |
| importance, decision on that matter may be taken by way of referendum. |
| (2) Matters relating to referendum and other relevant matters shall be |
| as provided for in the Federal l aw. |
| 276. Pardons : The President may, in accordance with law, grant pardons, suspend, |
| commute or re mit any sentence passed by any C ourt, judicial or quasi -judicial |
| body or administrative authority or body. |
| 277. Titles, hono urs and decorations : (1) The President shall confer titles, hono urs |
| and decorations to be conferred on behalf of the State. |
| (2) No citizen of Nepal may, without the approval of the |
| Government of Nepal, accept any title, hono ur or decoration from any foreign |
| government. |
| 278. Power to make treaties : (1) The Federation shall have the power to make |
| treaties or agreements. |
| (2) In making a treaty or agreement on a matter falling within the list |
| of State power , the Government of Nepal must consult the concerned State. |
| (3) A State Council of Ministers may, with the consent of the |
| Government of Nepal, make contractual agreements on financial and industrial |
| matters. |
| 279. Ratification of, accession to , acceptance of, or approval of, treaties or |
| agreements : (1) The ratification of, accession to, acceptance of, or approval of, |
| treaties or agreements to which Nepal or the Government of Nepal is to become |
| a party shall be as provided for in the Federal l aw. |
| 197 |
| (2) Any law to be made pursuant to clause (1) shall, inter alia , |
| require that the ratification of, accession to, acceptance of, or approval of, |
| treaties or agreements on the following subjects must be made by a majority of |
| two-third s of the total number of the then members of both Houses of the |
| Federal Parliament: |
| (a) peace and friendship, |
| (b) defenc e and strategic alliance, |
| (c) boundaries of the State of Nepal, and |
| (d) natural resources, and the distribution of their uses. |
| Provided that , out of the treaties or agreements under sub-clauses (a) |
| and (d), if any treaty or agreement is of an ordinary nature, which does not |
| affect the nation extensively, seriously or in the long term, the ratification of, |
| accession to, acceptance of, or approva l of, such treaty or agreement may be |
| made by a simple majority of the members present in a meeting of the House |
| of Representatives . |
| (3) After the commencement of this Constitution, unless a treaty or |
| agreement is ratified, acceded to, accepted or approved in accordance with this |
| Article, such t reaty or agreement shall not apply to the Government of Nepal or |
| Nepal. |
| (4) Notwithstanding anything contained in clauses (1) and (2), no |
| treaty or agreement may be concluded in detrimental to the territ orial integri ty |
| of Nepal. |
| 280. Special provision relating to discharge of functions of President : If the offices |
| of both the President and the Vice -President fall vacant in accordance with this |
| Constitution, the Speaker of the House of Representatives shall discharge t he |
| functions required to be performed by the President under this Constitution |
| 198 |
| until election to the President or Vice -President is held and he or she assumes |
| office. |
| 281. Appraisal and review of special rights : The Government of Nepal shall make |
| appraisal and review of the implementation of special rights of the women and |
| Dalit community and impacts thereof, on the basis of human development |
| index, concurrently with a national census to be held in every ten years. |
| 282. Ambassadors and special emissaries : (1) The President may, on the basis of the |
| principle of inclusion, appoint Nepalese ambassadors, and special emissaries |
| for any specific purposes. |
| (2) The President shall receive letters of credentials from foreign |
| ambassadors and diplomatic representat ives. |
| 283. Appointments to be made in accordance with inclusive principle : Appointments |
| to office s of Constitutional Organs and B odies shall be made in accordance |
| with the inclusive principle. |
| 284. Provisions relating to Constitutional Council : (1) There s hall be a |
| Constitutional Council for making recommendations for appointment of the |
| Chief Justice and Chiefs and officials of the Constitutional Bodies in |
| accordance with this Constitution, which shall consist of the fo llowing as the |
| Chairperson and m embers : |
| (a) The Prime Minister -Chairperson |
| (b) The Chief Justice -Member |
| (c) The Speaker of the House of Representatives -Member |
| (d) The Chairperson of the National Assembly -Member |
| (e) Leader of Opposition Party in the House of Representatives |
| -Member |
| (f) Deputy Speaker of the House of Representatives -Member |
| 199 |
| (2) While making a recommendation for appointment to the office of |
| the Chief Justice, the Constitutional Council shall include the Minister for Law |
| and Justice of the Government of Nepal, as its m ember. |
| (3) The Constitutional Council must make a recommendation for |
| appointment under this Constitution before one month of the vacation of the |
| office of the Chief Justice or a c hief or official of a Constitutional Body. |
| Provided that if such office falls vacant because of death or resignation , |
| it may so make recommendation for appointment that the office is fulfilled |
| within one month after the date of vacancy. |
| (4) Other functions, duties and powers of the Constitutional C ouncil |
| and rules of procedures on the appointment of the Chief Justice or chiefs or |
| officials of Constitutional Bodies shall be as provided for in the Federal l aw. |
| (5) The Chief Secretary of the Government of Nepal shall act as the |
| secretary of the Constit utional Council. |
| 285. Constitution of government service : (1) The Government of Nepal may, in |
| order to run the administration of the country, constitute the Federal civil |
| service and such other Federal government s ervices as may be required. The |
| constitution, operation and conditions of service of such services shall be as |
| provided for in the Federal Act. |
| (2) Positions in the Federal civil service as well as all Federal |
| government services shall be filled through competitive examinations, on the |
| basis of open and proportional inclusive principle. |
| (3) The State Council of Ministers, Villa ge Executives and |
| Municipal Executives may by law constitute and operate various government |
| services as required for the opera tion of their administration. |
| 286. Election Constituency Delimitation Commission : (1) The Government of |
| Nepal may constitute an Election Constituency Delimitation Commission, to |
| 200 |
| determine election constituencies for the purpose of election to the members of |
| the Federal Parliament and members of the State Assemblies in accordance |
| with this Constitution , which shall consist of the following as the Chairperson |
| and members: |
| (a) Retired Judge of the Supreme Court -Chairperson |
| (b) One Ge ographer -Member |
| (c) One sociologist or demographer -Member |
| (d) One administration expert or jurist -Member |
| (e) Gazetted spec ial class officer of the |
| Government of Nepal -Member - |
| secretary |
| (2) The term of office of the Election Constituency Delimitation |
| Commission shall be as prescribed at the time of its constitution . |
| (3) A person shall be qualified to be appointed as the C hairperson or |
| a member of the Election Constitue ncy Delimitation Commission if he or she |
| possesses the following qualification: |
| (a) holding at least bachelor’s degree in related subject from a |
| recognized university , |
| (b) having attained the a ge of forty -five years, and |
| (c) having high moral character. |
| (4) The office of the C hairperson or a member of the Election |
| Constituency Delimitation Commission shall be vacant in any of the following |
| circumstances: |
| 201 |
| (a) if he or she tenders resignation in writing , |
| (b) if he or she is removed by the Government of Nepa l, Council of |
| Ministers , |
| (c) if he or she dies. |
| (5) While determining election constituencies pursuant to this |
| Article, the Election Constituency Delimitation Commission shall so determine |
| the constituencies, having regard to population and geography as the basis of |
| representation, and as to ensure that the ratio between the geography, |
| population and number of members of such election constituencies is equal, so |
| far as practicable . |
| (6) While delimitating election cons tituencies pursuant to clause (5 ), |
| regard must be had to, inter alia , the density of population, geographical |
| specificity, administrative and transportation convenience, community and |
| cultural aspects of the constituencies. |
| (7) No question may be raised in any c ourt on any matter of the |
| determination , or review, of election constituencies made by the Election |
| Constituency Delimitation Commission . |
| (8) The Election Constituency Delimitation Commission shall |
| submit a report on the works it has performed to the Government of Nepal . |
| (9) The Gover nment of Nepal, Council of Ministers, shall lay the |
| report received pursuant to clause (8 ) before the Federal Parliament and send it |
| to the Election Commission for implementation. |
| (10) The Election Constituency Delimitation Commission shall |
| determine its r ules of procedures itself. |
| 202 |
| (11) The remuneration and facilities of the C hairperson and the |
| members of the Election Constituency Delimitation Commission shall be |
| similar to those of the Chief Election Commissioner and the Election |
| Commissioners of the Elec tion Commission , respectively. |
| (12) The election constituencies delimited in accordance with clause |
| (5) must be reviewed in every twenty years. |
| (13) The Government of Nepal shall provide such employees as may |
| be required for the Election Constituency Delimitation Commission. |
| 287. Language Commission : (1) The Government of Nepal shall, no later than one |
| year of the commencement of this Constitution, constitute a Language |
| Commission comprising representation of States. |
| (2) The Language Commission shall consist of one Chairperson and |
| a required number of members. |
| (3) The term of office of the Chairperson and members of the |
| Language Commission shall be six years from the date of their appointment . |
| They may not be reappointed. |
| (4) A person shall be quali fied to be appointed as the Chairperson or |
| a member of the Language Commission if he or she possesses the following |
| qualification: |
| (a) holding master’s degree in related subjec t from a recognized |
| university, |
| (b) having gained at least twenty years of exper ience in the fields of |
| study, teaching and research on various languages of Nepal, |
| (c) having completed the age of forty -five years, and |
| 203 |
| (d) having high moral character. |
| (5) The office of the Chairperson or a member of the Language |
| Commission shall be vacant in any of the following circumstances: |
| (a) if he or she tenders resignation in writing, |
| (b) if he or she is removed by the Government of Nepal , Council of |
| Ministers , |
| (c) if he completes the age of sixty five years, |
| (d) if he o r she dies. |
| (6) The functions, duties and powers of the Language Commission |
| shall be as follows: |
| (a) to determine the criteria to be fulfilled for the recognition of the |
| official language and make recommendations on languages to the |
| Government of Nepal, |
| (b) to make recommendations to the Government of Nepal, on the |
| measures to be adopted for the protection, promotion and |
| development of languages, |
| (c) to measure the levels of development of mother tongues and |
| make suggestions to the Government of Nepal, o n the |
| potentiality of their use in education, |
| (d) to study, research and monitor languages. |
| (7) The Language Commission shall complete its task under sub - |
| clause (a) of clause (6) no later than five years after the date of its constitution. |
| 204 |
| (8) The Governme nt of Nepal may, in coordination with a State |
| Government, establ ish a branch of the Language C ommission in that State. |
| (9) The other functions, duties, powers and rules of procedures of the |
| Language Commission shall be as provided for in the Federal l aw. |
| 288. Capital : (1) The capital of Nepal shall be situated in Kathmandu. |
| (2) The capital of a State under this Constitution shall be as decided |
| by a two -thirds majority of the number of the then members of the concerned |
| State Assembly. |
| (3) The business of a S tate shall be conducted through the place as |
| specified by the Government of Nepal until decision is made in accordance |
| with clause (2). |
| 289. Special provision relating to citizenship of officials : (1) In order for a person to |
| be elected , nominated or appointed to the office of President , Vice -President , |
| Prime Minister, Chief Justice, Speaker of the House of Representatives, Chief |
| of State, Chief Minister, Speaker of a State Assembly and chief of a security |
| body, the person must have obtained the citiz enship of Nepal by descent . |
| (2) A person who has obtained the citizenship of Nepal by descent, a |
| person who has obtained the naturalized citizenship of Nepal or a person who |
| has obtained the citizenship of Nepal by birth shall also be qualified for the |
| office of a constitutional body other than that mentioned in clause (1) . |
| Provided that the person must have resided in Nepal for at least ten |
| years in the case of a person who has obtained the naturalized citizenship of |
| Nepal, and for at least five years in the case of a person who has obtained the |
| citizenship of Nepal by birth or who has obtained the naturalized citizenship of |
| Nepal in accordance with clause (6) of Article 11. |
| 205 |
| 290. Provisions relating to Guthi (trusts) : (1) The Federal Parliament shall ma ke |
| necessary laws in relation to the rights of the trust and the farmers enjoying |
| possessory rights over trust lands in a manner not to be prejudicial to the basic |
| norms of the trusts. |
| (2) Other matters relating to trusts shall be as provided by the fede ral |
| law. |
| 291. Not to be qualified for appointment : (1) Notwithstanding anything contained |
| elsewhere in this Constitution, a citizen of Nepal who has obtained a foreign |
| permanent residence permit shall not be qualified for election, nomination or |
| appointmen t to an office to be elected, nominated or appointed pursuant to this |
| Constitution. |
| Provided that nothing shall prevent electing, nominating or appointing a |
| person who has renounced such foreign permanent residence permit to such |
| office after the expiry of a period of at least three months. |
| (2) Other matters relating to the citizens of Nepal who have obtained |
| foreign permanent residence permits as mentioned in clause (1) shall be as |
| provided for in the Federal law. |
| 292. Provisions relating to parliament ary hearing s: (1) Parliamentary hearings shall |
| be conducted as to appointments to the offices of the Chief Justice and Judges |
| of the Supreme Court, members of the Judicial Council, chiefs and members of |
| Constitutional Bodies, who are appointed on the recom mendation of the |
| Constitutional Council under this Constitution, and to the offices of |
| ambas sadors, as provided for in the Federal l aw. |
| (2) For the purposes of clause (1), there shall be formed a fifteen - |
| member joint committee consisting of members of bo th Houses of the Federal |
| Parlia ment, in accordance with the Federal l aw. |
| 206 |
| (3) No member of the joint committee under clause (2) shall practice |
| law in the Supreme Court during that term of the Federal Parliament. |
| 293. Monitoring of functioning of Constitutional Bodies : The chiefs and officials of |
| the Constitutional Bodies must be accountable and responsible to the Federal |
| Parliament. The committees of the House of Representatives may monitor and |
| evaluate the functioning, including reports, of the C onstitutional Bodies, other |
| than the National Human Rights Commission, and give necessary direction or |
| advice. |
| 294. Annual reports of Constitutional Bodies : (1) Every Constitut ional Body under |
| this Constitution shall submit an annual report of its function ing to the |
| President, and the President shall cause that report to be laid through the Prime |
| Minister before the Federal Parliament. |
| (2) The matters to be set out in the annual report under claus e (1) |
| shall be as provided for in the Federal l aw. |
| (3) Notwithstanding anything contained in clause (1), a |
| Constitutional Body may prepare a separate report in relation to the |
| functioning of each State and submit it to the Chief of State. |
| |
| 207 |
| Part-33 |
| Transitional Provisio ns |
| 295. Constitution of Federal Commission : (1) The Government of Nepal may |
| constitute a Federal Commission for making suggestions on matters relating to |
| the boundaries of States. |
| (2) The name s of the State s under clause (3) of Article 56 shall be set |
| by a two thirds majority of the total number of member s of the concerned State |
| Assemblies . |
| (3) The Government of Nepal shall constitute a commission for the |
| determination of the n umber and boundaries of Village Bodies , Municipalities |
| and Special, Protected or Autonomous Regions to be formed under c lauses (4) |
| and (5) of Article 56. T he commission must determine the number and |
| boundaries of the Village Bodie s, Municipalities and Special, Protected or |
| Autonomous Regions in accordance with the criteria set by the Government of |
| Nepal. |
| (4) The commissio n under clause (3) shall be constituted no later |
| than six months of the date of commencement of this Constitution. Its term |
| shall be one year. |
| 296. Constituent Assembly to be converted into Legislature -Parliament : (1) The |
| Constituent Assembly existing at the time of commencement of this |
| Constitution shall ipso facto be converted into the Legislature -Parliament after |
| the commencement of this Constitution, and the term of such Legislature - |
| Parliament shall exist until 7 Magha 2074. |
| Provided that if an election is held to the House of Representatives set |
| forth in this Constitution prior to the expiration of that term, the Legislature - |
| Parliament shall continue to exist until the day before the day specified for the |
| filing of nominations of candidates for that election. |
| 208 |
| (2) The Bills under consideration of the Legislature -Parliament at the |
| time of commencement of this Constitution shall ipso facto be transferred to |
| the Legislature -Parliament set forth in clause (1). |
| (3) The Legislature -Parliament set forth in clause (1) shall perform |
| the business required to be performed by the Federal Parliament in accordance |
| with this Constitution until election to the House of Representatives is held |
| pursuant to this Constitution. |
| (4) The legislative power of the State Assembly with respect of |
| matters set forth in Schedule -6 shall, upon the commencement of this |
| Constitution, be vested in the Legislature -Parliament set forth in clause (1) |
| until the State Assembly is formed. Any law so made shall be inoperative in |
| relation to that State after one year of the date of formation of the State |
| Assembly set forth in this Constitution. |
| (5) The Legislature -Parliament Secretariat , its Secretary General, |
| Secretary and employees existing at t he time of commencement of this |
| Constitution shall, subject to the conditions of service in force at the time of |
| their appointment, exist in the Federal Parliament Secretariat set forth in this |
| Constitution. |
| (6) Where the Legislature -Parliament is in rec ess at the time of |
| commencement of this Constitution, the President shall summon its session no |
| later than seven days after the date of commencement of this Constitution. The |
| President shall thereafter summon a session of the Legislature -Parliament from |
| time to tim e. |
| 297. Provisions relating to the President and the Vice -President : (1) The President |
| and the Vice -President existing at the time of commencement of this |
| Constitution shall continue to hold their respective offices until other President |
| and Vice -President are elected in accordance with this Article. |
| 209 |
| (2) The Legislature -Parliament set forth in clause (1) of Article 296 |
| shall, on the basis of political understanding, elect the President and the Vice - |
| President, no later than one month after th e date of the commencement of this |
| Constitution where the Legislature -Parliament is not in recess at the time of |
| commencement of this Constitution and after the date on which the session is |
| summoned in accordan ce with clause (6) of Article 29 6 where the Le gislature - |
| Parliament is in recess. |
| (3) In the event of failure to have an understanding under clause (2), |
| the President and the Vice -President must be elected by a majority of all the |
| then members of the Legislature -Parliament. |
| (4) If the office of the President or Vice -President elected in |
| accordance with clause (2) or (3) falls vacant for any reason, the President or |
| Vice -President shall be elected by the Legislature -Parliament in accordance |
| with this Article until the Federal Parliament is formed. |
| (5) The term of office of the President or Vice -President elected in |
| accordance with this Article shall continue to exist until another President or |
| Vice -President elected by an electoral college set forth in Article 62 assumes |
| office. |
| (6) The office of the President or Vice -President elected in |
| accordance with this Article shall become vacant in any of the following |
| circumstances: |
| (a) if the President tenders r esignation in writing to the Vice - |
| President and the Vice -President, before the President , |
| (b) if a motion of impeachment against him or her is passed in |
| accordance with clause (7) , |
| (c) if another President or Vice -President elected by an electoral |
| college set forth in Article 62 assumes office, |
| 210 |
| (d) if he or she dies. |
| (7) At least one fourth of the total number of the then members of |
| the Legislature -Parliament set forth in clause (1) of Article 296 may move a |
| motion of impeachment against the President or Vice -President elected in |
| accordance with this Article on the ground of serious violation of th is |
| Constitution and law. If the motion is passed by at least two thirds majority of |
| the total number of the then members of the Legislature -Parliament, he or she |
| shall relive of his or her office |
| 298. Provisions relating to formation of Council of Minister s: (1) The Council of |
| Ministers existing at the time of commencement of this Constitution shall |
| continue to exist until the Council of Ministers set forth in clause (2) is formed. |
| (2) The Prime Minister shall, on the basis of political understanding, |
| be elected no later than seven days after the date of the commencement of this |
| Constitution where the Legislature -Parliament is not in recess at the time of |
| commencement of this Constitution, and after the date on which the session of |
| the Legislature -Parliam ent summoned in accordance with clause (6) of Article |
| 286 commences where the Legi slature -Parliament is in recess, and a Council of |
| Ministers shall be formed under his or her chairpersonship. |
| (3) In the event of failure to have an understanding under cl ause (2), |
| the Prime Minister shall be elected by a majority of all the then members of the |
| Legislature -Parliament. |
| (4) The composition and allocation of portfolios of the Council of |
| Ministers to be formed in accordance with this Article shall be made thr ough |
| mutual understanding. |
| (5) The Council of Ministers to be formed in accordance with this |
| Article shall consist of a Deputy Prime Minister and other Ministers, as |
| required. |
| 211 |
| (6) The Prime Minister appointed in accordance with this Article |
| shall, in appointing Ministers in accordance with clause (5), appoint Ministers |
| from amongst the members of the Legislature -Parliament, on the |
| recommendation of the concerned party. |
| (7) The Prime Minister and other Ministers appointed in accordance |
| with this Artic le shall be collectively responsible to the Legislature -Parliament, |
| and the Ministers shall be individually responsible to the Prime Minister and |
| the Legislature - Parliament for the work of their respective Ministries. |
| (8) The office of the Prime Ministe r appointed in accordance with |
| this Article shall be vacant in any of the following circumstances: |
| (a) if he or she tenders resignation in writing to the President, |
| (b) if a vote of no -confidence is passed against him or her or a vote |
| of confidence is not passed in accordance with clause (14), |
| (c) if he or she ceases to be a member of the Legislature -Parliament, |
| (d) if he or she dies. |
| (9) The office of the Deputy Prime Minister, Minister, Minister of |
| State and Assistance Minister appointed in accordance with this Article shall |
| be vacant in any of the following circumstances: |
| (a) if he or she tenders resignation in writing to the Prime Minister, |
| (b) if the Prime Minister is removed from office in accordance with |
| clause (8), |
| (c) if he or she is removed from office by the Prime Minister on the |
| recommendation or advice of the concerned party , |
| (d) if he or she dies. |
| 212 |
| (10) Even though the office of the Prime Minister falls vacant under |
| clause (8), the same Council of Ministers shall con tinue to act until another |
| Council of Ministers is constituted. |
| (11) If the Prime Minister appointed in accordance with this Article |
| dies, the Deputy Prime Minister or senior -most Minister shall act a s the Prime |
| Minister until another Prime Minister is app ointed. |
| (12) The Prime Minister appointed in accordance with this Article |
| may, whenever he or she considers necessary or appropriate to show/clarify |
| that he or she has confidence from the Legislature -Parliament , table a |
| resolution to that effect in the Legislature -Parliament for the vote of |
| confidence . |
| (13) At least o ne-fourth of the total number of the then members of |
| the Legislature -Parliament may table in writing a motion of no -confidence |
| against the Prime Minister appointed in accordance with this Article . |
| Provided that a motion of no confidence shall not be tabled more than |
| once in six moths' period against the same Prime Minister appointed in |
| accordance with this Article. |
| (14) A motion tabled under clauses (1 2) and (13 ) shall be decided by |
| a majo rity of the total number of the then members of the Legislature |
| Parliament. |
| (15) The Government of Nepal shall , after the commencement of this |
| Constitution, exercise the powers of a State until the Council of Ministers of |
| the State set forth in this Const itution is formed. |
| 299. Provisions relating to Speaker and Deputy Speaker : (1) The Speaker and |
| Deputy Speaker existing at the time of commencement of this Constitution |
| shall continue to hold their respective offices until another Speaker and Deputy |
| Speaker is elected pursuant to this Constitution. |
| 213 |
| (2) The m embers of the Legislature -Parliament shall, on the basis of |
| political understanding, elect one Speaker and one Deputy Speaker from |
| themselves no later than twenty days after the date of the commencement of |
| this Constitution where the Legislature -Parliament is not in recess at the time |
| of commencement of this Constitution, and after the date on which the session |
| of the Legislature -Parliament is summoned in accordan ce with clause (6) of |
| Article 29 6 where t he Legislature -Parliament is in recess. |
| (3) In the event of failure to have an understanding under clause (2), |
| a member of the Legislature -Parliament who commands a majority of all the |
| then members of the Legislature -Parliament shall be deemed to be elected as |
| the Speaker or Deputy Speaker. |
| (4) In holding electing in accordance with clause (2) or (3), the |
| Speaker and the Deputy Speaker shall be members representing different |
| political parties in the Legislature -Parliament. |
| (5) In discharging his or her functions in accordance with this |
| Constitution, the Speaker or Deputy Speaker shall so discharge functions in the |
| capacity of a neutral person without standing for or against any political party |
| whatsoever. |
| (6) The office of the Speaker or Deputy Speaker shall become vacant |
| in any of the following circumstances: |
| (a) if he or she resigns in writing, |
| (b) if he or she ceases to be a member of the Legislature -Parliament , |
| (c) if a resolution is passed by a majority of at least two-thirds of the |
| total number of the members of the Legislature -Parliament to the |
| effect that his or her conduct is not compatible with his or her |
| office, |
| (d) if he or she dies. |
| 214 |
| (7) The Deputy Speaker or another member shall preside over a |
| meeting at which deliberations are to be held on a resolution that the conduct |
| of the Speaker of the Legislature -Parliament is not co mpatible with his or her |
| office, and t he Speaker may take part and vo te in the deliberations on such |
| resolution. |
| (8) Other procedures on the election to the Speaker and Deputy |
| Speaker and procedures on th e moving and passage of a motion that the |
| Speaker or Deputy Speaker has committed conduct not compatible with his or |
| her office shall be as provided by the then prevailing rules of the Legislature - |
| Parliament. |
| 300. Provisions relating to Judiciary : (1) The Supreme Court, Constituent Assembly |
| Court, Appellate Courts and District Courts existing at the time of |
| commencement of this Constitution shall continue to exist until the structure of |
| Judiciary set forth in this Constitution is set up. Nothing in this Constitution |
| shall be deemed to bar the settlement by respective Courts of the cases already |
| filed in such Courts prior to the commencement of this Constitution and of the |
| cases to be filed after the commencement of this Constitution . |
| (2) The Chief Justi ce and Judges of the Supreme Court, Chief Judges |
| and Judges of the Appellate Courts and Judges of the Districts Counts shall be |
| deemed to have been appointed under this Constitution. |
| (3) The High Courts set forth in Article 139 shall be established no |
| later than one year after the date of commencement of this Constitution . The |
| Appellate Courts existing at the time of commencement of this Constitution |
| shall be dissolve d after the establishment of such Courts. |
| (4) After the establishment of the High Courts in accordance with |
| clause (3), the cases sub judice in the Appellate Courts shall be transferred to |
| such High Courts as specified by the Government of Nepal, in consultation |
| with the Judicial Council, by notification in the Nepal Gazette. |
| 215 |
| (5) After the establishment of the High Courts in accordance with |
| clause (3), the Chief Justice shall, on recommendation of the Judicial Council, |
| post the Chief Judges and Judges of the Appellate Courts who are holding |
| office at the time of commencement of this Constitu tion to the offices of the |
| Chief Judges and Judges of the High Courts. |
| (6) The Additional Judges of the Appellate Courts who are holding |
| office at the time of commencement of this Constitution may continue to hold |
| office until the term specified at the ti me of their appointment. |
| (7) The cases on criminal offences punishable by imprisonment for a |
| term of more than one year and sub judice in any body other than a Court at the |
| time of commencement of this Constitution shall, after the commencement of |
| this Con stitution, be transferred to the concerned District Court. |
| 301. Provisions r elating to Constitutional Bodies and o fficials thereof : (1) The |
| Constitutional Bodies which are existing at the time of commenceme nt of this |
| Constitution and provided in this Const itution shall be deemed to have been |
| formed under this Constitution , and nothing shall be deemed to bar the |
| settlement of the matters under consideration of such Bodies subject to this |
| Constitution. |
| (2) The chiefs or officials of the Constitutional Bodi es holding office |
| at the time of commencement of this Constitution shall be deemed to have been |
| appointed in accordance with this Constitution and shall continue to hold their |
| respective offices subject to the conditions of services at the time of their |
| appointments. |
| (3) The officials holding office in the Commission for the |
| Investigation of the Abuse of Authority and the Public Service Commission, at |
| the time of commencement of this Constitution, in excess of the number |
| specified in this Constitution, shall continue to hold their respective offices |
| subject to the conditions of services at the time of their appointments. |
| 216 |
| 302. Formation and operation of government services at State and Local levels : (1) |
| The Government of Nepal shall make necessary pro visions for the delivery of |
| services at the State and Local levels. |
| (2) The Government of Nepal may, in making provisions under |
| clause (1), arrange for the delivery of services by making adjustment of the |
| employees serving in the government services at the time of commencement of |
| this Constitution with the Federal, State and Local levels in accordance with |
| law. |
| 303. Provisions r elating to Local Bodies : (1) The Local Bodies existing at the time |
| of Commencement of this Constitution shall continue to exist until the |
| determination of the number and areas of the Local level in accordance with |
| this Constitution. |
| (2) Election to the officials of the Local Bodies existing under clause |
| (1) shall be held in accordance with law. |
| (3) The officials of the Local Bodies elected in accordance with |
| clause (2) shall continue to hold office until election to the Local level is held |
| in accordance with this Constitution. |
| 304. Existing l aws to remain in f orce: (1) The Nepal laws in force at the time of |
| commence ment of thi s Constitution shall continue to be in force until such laws |
| are repealed or amended. |
| Provided that any law which is inconsistent with this Constitution shall |
| ipso facto be invalid to the extent of such inconsistency, after one year of the |
| date on which the first session of the Federal Parliament set forth in this |
| Constitution is held. |
| (2) Acts relating to peace process under the Interim Constitution of |
| Nepal, 2007 (2063) shall be deemed to have been done under this Constitution. |
| 217 |
| 305. Power to remove d ifficulties : If any difficulty arises in connection with the |
| implementation of this Constitution until the commencement of the first |
| session of the Federal Parliament, upon b eing elected in accordance with this |
| Constitution , the President may, on the recommendation of the Government of |
| Nepal, Council of Ministers, issue necessary orders to remove such difficulty; |
| and such orders must be submitted to the Legislature -Parliament or Federal |
| Parliament, held immediately after the issue such orders , for approval . |
| |
| 218 |
| Part-34 |
| Definitions and Interpretations |
| 306. Definitions and i nterpretations : (1) Unless the subject or the context otherwise |
| requires, in this Constitution, - |
| (a) "minorities" means ethnic, linguistic and religious groups whose |
| population is less than the percentage specified by the Federal |
| law, and includes groups that have their distinct ethnic, religious |
| or linguistic characteristics, aspirations to protect such features |
| and subjected to discrimination and oppression, |
| (b) "law" means a Federal law, State law and Local law, |
| (c) "Article" means an a rticle of this Constitution, |
| (d) "Municipality" means and includ es a Municipal Corporation and |
| Sub-municipal Corporation. |
| (e) "citizen" means a citizen of Nepal, |
| (f) "State" means the area and form of a federal unit of Nepal |
| divided into the F ederal units in accordance with this |
| Constitution, |
| (g) "remuneration" means and includes salary, allowance, pension |
| and an y other form of emolument and facility, |
| (h) "state power" means the power relating to the Executive, |
| Legislative and Judiciary of the state, and includes residual |
| power. |
| (i) "Bill" means a draft of amendment to the Constitution or of an |
| Act which has been introduced in the Federal Parliament or a |
| State Assembly, |
| 219 |
| (j) "Federation" means the federal level that is the apex unit of the |
| federal structure, |
| (k) "Federal Units" means the Federation, State and Local levels , |
| (l) "Constitutional Bodies" means the Commi ssion for the |
| Investigation of Abuse of Authority, Auditor General, Public |
| Service Commission, Election Commission, National Human |
| Rights Commission, National Natural Resources and Fiscal |
| Commission, National Women Commission, National Dalit |
| Commission, Na tional Inclusion Commission, Indigenous |
| Nationalities Commission, Madhesi Commission, Tharu |
| Commission and Muslim Commission, |
| (m) "marginalized" means communit ies that are made politically, |
| economically and socially backward, are unable to enjoy services |
| and facilities because of discrimination and oppression and of |
| geographical remoteness or deprived thereof and are in lower |
| status than the human development standards mentioned in |
| Federal law , and includes highly marginalized groups and groups |
| on the verge of extinction, |
| (n) "Local level" mean s the Village Bodies , Municipalities and |
| District Assemblies to be established in accordance with this |
| Constitution. |
| (2) Unless t he subject or the context otherwise requires, the legal |
| provisions relating to interpretation of laws shall, subject to the provisions of |
| this Constitution, apply to the interpretation of this Constitu tion in the same |
| manner as that provisions apply to the interpretation of the Nepal laws. |
| |
| 220 |
| Part-35 |
| Short Title, Commencement and Repeal |
| 307. Short title and c ommencement : (1) This Constitution may be cited as the |
| "Constitution of Nepal ". |
| (2) This Constitution shall commence on 20 September 2015 ( 3rd |
| day of the month of Ashwin of the year 207 2 Bikram Sambat ). |
| 308. Repeal : The Interim Constitution of Nepal, 2007 (2063 ) is hereby repealed. |
| 221 |
| Schedule -1 |
| (Relating to clause (2) of Article 8) |
| National Flag of Nepal |
| |
| |
| The method of ma king the National Flag of Nepal |
| (a) Method of making the shape inside the border |
| (1) On the lower portion of a crimson cloth draw a line AB of the required |
| length from left to right. |
| (2) From A draw a line AC perpendicular to AB making AC equal to AB |
| plus one third AB. From AC mark off D making line AD equal to line |
| AB. Join B and D. |
| (3) From BD mark off E making BE equal to AB. |
| (4) Touching E draw a line FG, starting from the point F on line AC, parallel |
| to AB to the right hand -side. Mark off FG equal to A B. |
| (5) Join C and G. |
| |
| 222 |
| (b) Method of making the moon |
| (6) From AB mark off AH making AH equal to one -fourth of line AB and |
| starting from H draw a line HI parallel to line AC touching line CG at |
| point I. |
| (7) Bisect CF at J and draw a line JK parallel to AB touching CG at point K. |
| (8) Let L be the point where lines JK and HI cut one another. |
| (9) Join J and G. |
| (10) Let M be the point where line JG and HI cut one another. |
| (11) With centre M and with a distance shortest from M to BD mark off N on |
| the lower porti on of line HI. |
| (12) Touching M and starting from O, a point on AC, draw a line from left to |
| right parallel to AB. |
| (13) With centre L and radius LN draw a semi -circle on the lower portion and |
| let P and Q be the points where it touches the line OM respective ly. |
| (14) With centre M and radius MQ draw a semi -circle on the lower portion |
| touching P and Q. |
| (15) With centre N and radius NM draw an arc touching PNQ at R and S. Join |
| RS. Let T be the point where RS and HI cut one another. |
| (16) With centre T and radius TS draw a semi -circle on the upper portion of |
| PNQ touching it at two points. |
| (17) With centre T and radius TM draw an arc on the upper portion of PNQ |
| touching at two points. |
| (18) Eight equal and similar triangles of the moon are to be made in the space |
| lying inside the semi -circle of No. (16) and outside the arc of No. (17) of |
| this Schedule. |
| 223 |
| (c) Method of making the sun |
| (19) Bisect line AF at U, and draw a line UV parallel to AB line touching line |
| BE at V. |
| (20) With centre W, the point where HI and UV cut one another and radius |
| MN draw a circle. |
| (21) With centre W and radius LN draw a circle. |
| (22) Twelve equal and similar triangles of the sun are to be made in the space |
| enclosed by the circles of No. (20) and of No. (21) with the two apexes |
| of two triangles touching line HI. |
| (d) Method of making the border |
| (23) The width of the border will be equal to the width TN. This will be of |
| deep blue colour and will be provided on all the side of the flag. |
| However, on the five angles of the flag the external angles wi ll be equal |
| to the internal angles. |
| (24) The above mentioned border will be provided if the flag is to be used |
| with a rope. On the other hand, if it is to be hoisted on a pole, the hole on |
| the border on the side AC can be extended according to requirements . |
| Explanation : The lines HI, RS, FE, ED, JG, OQ, JK and UV are imaginary. |
| Similarly, the external and internal circles of the sun and the other arcs except |
| the crescent moon are also imaginary. These are not shown on the flag. |
| Note bene : The size of the National Flag of Nepal shall be as determined by the |
| Government of Nepal. |
| 224 |
| Schedule -2 |
| (Relating to clause (1) of Article 9) |
| National Anthem of Nepal |
| |
| Sayaun Thunga Phool K a Hami Eutai Mala Nepali |
| Sarvavha um V ai Failiyeka Mechi M ahakali |
| Prakitika Koti Koti Sampad a Ko A anchala |
| Bir Haruka Ragata Le Swatantra Ra A tala |
| Gyana Bhumi Shanti Bhumi Terai Pahad H imala |
| Akhanda Yo Pyaro Hamro Matri Bhumi Nepal |
| Bahul Jati Bhasa Dharma Sanskriti Chan B ishala |
| Agragami Rastra Hamro Jaya Jaya Nepal. |
| 225 |
| Schedule -3 |
| (Relating to clause (2) of Article 9) |
| Coat of Arms of Nepal |
| |
| |
| |
| |
| |
| Note bene: This Coat of Arms may be made in larger or smaller size as per |
| necessity. The colo ur determined by the Government of Nepal |
| shall be used on it . |
| |
| |
| 226 |
| Schedule -4 |
| (Relating to clause (3) of Article 56) |
| States , and Districts to be included in the concerned States |
| |
| State No. 1 State No. 2 |
| 1. Taplejung |
| 2. Panchthar |
| 3. Ilam |
| 4. Sankhuwasabha |
| 5. Tehrathum |
| 6. Dhankuta |
| 7. Bhojpur |
| 8. Khotang |
| 9. Solukhumbu |
| 10. Okhaldhunga |
| 11. Udayapur |
| 12. Jhapa |
| 13. Morang |
| 14. Sunsari 1. Saptari |
| 2. Siraha |
| 3. Dhanusa |
| 4. Mahottari |
| 5. Sarlahi |
| 6. Rautahat |
| 7. Bara |
| 8. Parsa |
| |
| |
| 227 |
| State No. 3 State No. 4 |
| 1. Dolakha |
| 2. Ramechhap |
| 3. Sindhuli |
| 4. Kavrepalanchok |
| 5. Sindhupalchok |
| 6. Rasuwa |
| 7.Nuwakot |
| 8. Dhading |
| 9. Chitwan |
| 10. Makawanpur |
| 11. Bhaktapur |
| 12. Lalitpur |
| 13. Kathmandu 1. Gorkha |
| 2. Lamjung |
| 3. Tanahun |
| 4. Kaski |
| 5. Manang |
| 6. Mustang |
| 7. Parbat |
| 8. Syangja |
| 9. Myagdi |
| 10. Baglung |
| 11.Nawalparasi (East of |
| Bardaghat Susta) |
| |
| 228 |
| State No. 5 State No. 6 State No. 7 |
| 1. Nawalparasi (West |
| of Bardaghat Susta |
| 2. Rupandehi |
| 3. Kapilbastu |
| 4. Palpa |
| 5. Arghakhanchi |
| 6. Gulmi |
| 7.Rukun (Eastern Part) |
| 8. Rolpa |
| 9. Pyuthan |
| 10. Daang |
| 11. B anke |
| 12. Bardiya 1.Rukum (Western |
| Part) |
| 2. Salyan |
| 3. Dolpa |
| 4. Jumla |
| 5. Mugu |
| 6. Humla |
| 7. Kalikot |
| 8. Jajarkot |
| 9. Dailekh |
| 10. Surkhet 1.Bajura |
| 2.Bajhang |
| 3. Doti |
| 4. Achham |
| 5. Darchula |
| 6. Baitadi |
| 7. Dadeldhura |
| 8. Kanchanpur |
| 9. Kailali |
| |
| |
| 229 |
| Schedule -5 |
| (Relating to clause (1) of Article 57, and Article 109 ) |
| List of Federal Power |
| SN Matters |
| 1. Relating to defence and military |
| (a) Protection of national unity and territorial integrity |
| (b) Relating to national security |
| 2. War and defence |
| 3. Arms and ammunitions factories and production thereof |
| 4. Central Police, Armed Police Force, national intelligence and |
| investigation, peace , security |
| 5. Central planning, central bank, fina nce policies, monetary and banking, |
| monetary policies, foreign grants, aid and loans |
| 6. Foreign and diplomatic affairs, international relations and United Nations |
| related matters |
| 7. International tr eaties or agreements, extradition, mutual legal assistance |
| and international borders , international boundary rivers |
| 8. Telecommunications , allocation of radio frequency, radio, television and |
| postal matters |
| 9. Customs, excise -duty, value -added tax, corporate income tax, individual |
| income tax, remuneration tax, passport fee, visa fee, tourism fee, service |
| charge and fee, penalty |
| 230 |
| 10. Federal civil service, judicial service and other government services |
| 11. Polic ies relating to conservation and multiple uses of water resources |
| 12. Inland and inter -State electricity transmission lines |
| 13. Central statistics (national and international standards and quality) |
| 14. Central level large electricity, irrigation and other projects |
| 15. Central universities, central level academies, universities standards and |
| regulation, central libraries |
| 16. Health policies, health services, health standards, quality and monitoring, |
| national or specialised service providing hospital s, traditional treatment |
| services and communicable disease control |
| 17. Federal Parliament, Federal Executive, Local Level related affairs, special |
| structure |
| 18. International trade, exchange, port, quarantine |
| 19. Civil aviation, international airports |
| 20. National transportation policies, management of railways and national |
| highways |
| 21. Laws relating to the Supreme Court, High Courts, District Courts and |
| administration of justice |
| 22. Citizenship, passport, visa, immigration |
| 23. Atomic energy, air sp ace and astronomy |
| 24. Intellectual property (including patents, designs, trademarks and |
| 231 |
| copyrights) |
| 25. Measurement |
| 26. Mines excavation |
| 27. National and international environment management, national parks, |
| wildlife reserves and wetlands, national forest policies, carbon services |
| 28. Insurance policies, securities, cooperatives regulation |
| 29. Land use policies, human settlement development policies, tourism |
| policies, environment adaptation |
| 30. Criminal and civil laws making |
| 31. Security printing |
| 32. Social security and poverty alleviation |
| 33. Constitutional Bodies, commission s of national importance |
| 34. Sites of archaeological importance and ancient monuments |
| 35. Any matter not enumerated in the Lists of Federal Powers, State Powers |
| and Local Level Powers or in the Concurrent List and any matter not |
| specified in this Constitution and in the Federal laws |
| |
| |
| 232 |
| Schedule -6 |
| (Relating to clause (2) of Article 57, clause (4) of Article 162, |
| Article 197, clause (3) of Article 231, clause (7) of Article 232, clause |
| (4) of Article 274 and clause (4) of Article 296 ) |
| List of State Power |
| SN Matters |
| 1. State p olice administration and peace and order |
| 2. Operation of banks and financial institutions in accordance with the |
| policies of Nepal Rastra Bank , cooperative institutions, foreign grants |
| and assistance with the consent of the Centre |
| 3. Operation of Radio, F.M., television |
| 4. House and land registration fee , motor vehicle tax , entertainment tax, |
| advertisement tax , tourism , agro-income tax, service charge, fee, |
| penalty |
| 5. State civi l service and other government services |
| 6. State statistics |
| 7. State level electricity, irrigation and water supply services, navigation |
| 8. State universities, higher education, libraries , museums |
| 9. Health services |
| 10. Matters relating to the State Assembly, State Council of Ministers |
| 11. Intra-State trade |
| 12. State highways |
| 233 |
| 13. State bureau of in vestigation |
| 14. Physical management and other necessary matters of State |
| governmental offices |
| 15. State Public Service Commission |
| 16. Management of lands, land records |
| 17. Exploration and management of mines |
| 18. Protection and use of languages, scripts , cultures, fine arts and |
| religions |
| 19. Use of forests and waters and management of environment within the |
| State |
| 20. Agriculture and livestock development, factories, industrialization, |
| trade, business, transportation |
| 21. Management of trusts ( Guthi ) |
| |
| 234 |
| Schedule -7 |
| (Relating to clause (3) of Articles 57, Article 109, clause (4) of |
| Article 162, and Article 197 ) |
| List of Concurrent Powers of Federation and State |
| SN Matters |
| 1. Civil and criminal procedure, evidence and oaths ( legal recognition, |
| public acts and records, and judicial proceedings) |
| 2. Supply, distribution, price control, quality and monitoring of essential |
| goods and services |
| 3. Preventive detention for reasons connected with the security of the |
| country , prison and detention manage ment , and maintenance of peace |
| and order |
| 4. Transfer of accused persons, detainees and prisoners from one State to |
| another State |
| 5. Laws relating to family affairs (marriage, transfer of property, divorce, |
| persons on the verge of extinction, orphan, adoption, succession and |
| joint family) |
| 6. Acquisition, requisitioning of property and creation of right in property |
| 7. Contracts, cooperatives, partnership and agency related matters |
| 8. Matters relating to bankruptcy and insolvency |
| 9. Drugs and p esticides |
| 10. Planning, family planning and population management |
| 235 |
| 11. Social security and employment, trade unions, settlement of industrial |
| disputes, and labour rights and disputes related matters |
| 12. Legal profession, auditing, engineering, medicines, Ayurvedic |
| medicines, veterinary, Amchi and other professions |
| 13. State boundary river, waterways, environment protection, biological |
| diversity |
| 14. Matters related to means of communication |
| 15. Industries and mines and physical infrastructures |
| 16. Casino, lottery |
| 17. Early preparedness for, rescue, relief and rehabilitation from, natural |
| and man made calamit ies |
| 18. Tourism, water supply and sanitation |
| 19. Motion pictures, cinema halls and sports |
| 20. Insurance business operation and management |
| 21. Poverty alleviation and industrialization |
| 22. Scientific research, science and technology and human resources |
| development |
| 23. Utilization of forests, mountains, forest conservation areas and waters |
| stretching in inter -State form |
| 24. Land policies and laws relating thereto |
| 25. Employment and unemployment aid |
| 236 |
| |
| 237 |
| Schedule -8 |
| (Relating to clause (4) of Article 57, clause (2) of Article 214, |
| clause (2) of Article 221 and clause (1) of Article 226 ) |
| List of Local Level Power |
| |
| SN Matters |
| 1. Town police |
| 2. Cooperative institutions |
| 3. Operation of F.M. |
| 4. Local taxes ( wealth tax, house rent tax, land and building |
| registration fee, motor vehicle tax ), service charge, fee, tourism fee, |
| advertisement tax , business tax, land tax (land revenue), penalty, |
| entertainment tax, land revenue collection |
| 5. Management of the Local services |
| 6. Collection of local statistics and records |
| 7. Local level development plans and projects |
| 8. Basic and secondary education |
| 9. Basic health and sanitation |
| 10. Local market m anagement , environment protection and bio - |
| diversity |
| 11. Local roads, rural roads, agro -roads , irrigation |
| 238 |
| 12. Management of Village Assembly, Municipal Assembly, District |
| Assembly, local courts, mediation and arbitration |
| 13. Local records managem ent |
| 14. Distribution of house and land ownership certificates |
| 15. Agriculture and animal husbandry , agro -products management, |
| animal health, cooperatives |
| 16. Management of senior citizens, persons with disabilities and the |
| incapacitated |
| 17. Collection of statistics of the unemployed |
| 18. Management, operation and control of agricultural extension |
| 19. Water supply, small hydropower projects, alternative energy |
| 20. Disaster management |
| 21. Protection of watersheds, wildlife, mines and minerals |
| 22. Protection and development of languages, cultures and fine arts |
| |
| |
| 239 |
| Schedule -9 |
| (Relating to clause (5) of Article 57, Article 109, clause (4) of Article 162, |
| Article 197, clause (2) of Article 214, clause (2) of Article 221, and clause (1) of |
| Article 226) |
| List of Concurrent Powers of Federation, State and Local Level |
| |
| SN Matters |
| 1. Cooperatives |
| 2. Education, health and newspapers |
| 3. Health |
| 4. Agriculture |
| 5. Services such as electricity, water supply, irrigation |
| 6. Service fee, charge, penalty and royalty from natural |
| resources, tourism fee |
| 7. Forests, wildlife, birds, water uses, environment, ecology and |
| bio-diversity |
| 8. Mines and minerals |
| 9. Disaster management |
| 10. Social security and poverty alleviation |
| 11. Personal events, births, deaths, marriages and statistics |
| 12. Archaeology, ancient monuments and museums |
| 240 |
| 13. Landless squatters management |
| 14. Royalty from natural resources |
| 15. Motor vehicle permits |
| |
