5G
[This translated version of the Constitution of Nepal is copyrighted by
Himalayan Research Bulletin.Vol. XI, Nos. 1-3. 1991.
NFA acknowledged the valuable constribution done by the Himalayan Research.
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Constitution of the Kingdom of Nepal
2047 (1990)
PREAMBLE
WHEREAS, We are convinced that the source of sovereign authority of the
independent and sovereign Nepal is inherent in the people, and, therefore,
We have, from time to time, made known our desire to conduct the government
of the country in consonance with the popular will;
AND WHEREAS, in keeping with the desire of the Nepalese people expressed
through the recent people's movement to bring about constitutional changes,
we are further inspired by the objective of securing to the Nepalese people
social, political and economic justice long into the future;
AND WHEREAS, it is expedient to promulgate and enforce this Constitution,
made with the widest possible participation of the Nepalese people, to
guarantee basic human rights to every citizen of Nepal; and also to
consolidate Adult Franchise, the Parliamentary System of Government,
Constitutional Monarchy and the System of Multi Party Democracy by promoting
amongst the people of Nepal the spirit of fraternity and the bond of unity
on the basis of liberty and equality; and also to establish an independent
and competent system of justice with a view to transforming the concept of
the Rule of Law into a living reality:
NOW, THEREFORE, keeping in view the desire of the people that the State
authority and sovereign powers shall, after the commencement of this
Constitution, be exercised in accordance with the provisions of this
Constitution, I, KING BIRENDRA BIR BIKRAM SHAH DEVA, by virtue of the State
authority as exercised by Us, do hereby promulgate and enforce this
CONSTITUTION OF THE KINGDOM OF NEPAL on the recommendation and advice, and
with the consent of the Council of Ministers.
PART 1
PRELIMINARY
1. Constitution as the Fundamental Law:
(1) This Constitution is the fundamental law of Nepal and all laws
inconsistent with it shall, to the extent of such inconsistency, be void.
(2) It shall be the duty of every person to uphold the provisions of this
Constitution.
2. The Nation:
Having common aspirations and united by a bond of allegiance to national
independence and integrity of Nepal, the Nepalese people irrespective of
religion, race, caste or tribe, collectively constitute the nation.
3. The Sovereignty:
The sovereignty of Nepal is vested in the Nepalese people and shall be
exercised in accordance with the provisions of this Constitution.
4. The Kingdom:
(1) Nepal is a multiethnic[1] multilingual, democratic, independent,
indivisible, sovereign, Hindu and Constitutional Monarchical Kingdom.
(2) The territory of Nepal shall comprise:
(a) the territory existing at the commencement of this Constitution; and
(b) such other territory as may be acquired after the commencement of this
Constitution.
5. National Flag:
The national flag of Nepal, as handed down by tradition, 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 upper part and a white emblem of a twelve
rayed sun in the lower part. The method of drawing out the flag and other
particulars relating thereto shall be as set forth in Schedule 1.
6. Language of the Nation:[2]
(1) The Nepali language in the Devanagari script is the language of the
nation of Nepal. The Nepali language shall be the official language.
(2) All the languages spoken as the mother tongue in the various parts of
Nepal are the national languages of Nepal.
7. National Anthem etc.:
(1) The national anthem of Nepal shall be as provided in Schedule 2.
(2) The Rhododendron Arboreum shall be the national flower, Crimson Colour
shall be the national colour, the Cow shall be the national animal and the
Lophophorus shall be the national bird of Nepal.
(3) The coat-of-arms of Nepal shall be as set forth in Schedule 3. The
coat-of-arms may be enlarged or reduced as required, and such colour shall
be used therein as specified by His Majesty's Government.
PART 2
CITIZENSHIP
8. Citizenship at the commencement of the Constitution:
At the commencement of this Constitution, the following persons who have
their domicile in Nepal shall be deemed to be citizens of Nepal:
(a) any person who is a citizen of Nepal by virtue of Article 7 of the
Constitution of Nepal (1962) or section 3 of the Nepal Citizenship Act,
1964.
(b) any person who has acquired naturalised citizenship of Nepal by virtue
of section 6 of the Nepal Citizenship Act, 1964.
9. Acquisition and Termination of Citizenship after the Commencement of the
Constitution:
(1) A person who is born after the commencement of this Constitution and
whose father is a citizen of Nepal at the birth of the child shall be a
citizen of Nepal by descent.
(2) Every child who is found within the Kingdom of Nepal and the whereabouts
of whose parents are not known shall, until the father of the child is
traced, be deemed to be a citizen of Nepal by descent.
(3) Whenever any territory is acquired by way of incorporation into the
Kingdom of Nepal, every person having his domicile within such territory
shall become a citizen of Nepal, subject to the provisions of existing laws.
(4) After the commencement of this Constitution, the acquisition of
citizenship of Nepal by a foreigner may be regulated by law which may, inter
alia, require the fulfillment of the following conditions:
(a) that he can speak and write the language of the nation of Nepal;
(b) that he is engaged in any occupation in Nepal;
(c) that he has renounced his citizenship of another country; and
(d) that he has resided in Nepal for at least fifteen years.
(5) Notwithstanding anything contained in clause (4), a woman of foreign
nationality who has a matrimonial relationship with a Nepalese citizen and
who has initiated proceedings for renunciation of her foreign citizenship,
and any other person, who, has renounced the citizenship of Nepal had gone
to a foreign country but who has renounced his foreign citizenship, may
acquire the citizenship of Nepal.
(6) Notwithstanding anything contained in sub-clauses (b) and (d) of clause
(4), the son or daughter or descendant of a citizen of Nepal and who has
resided in Nepal for a period of at least two years may acquire the
citizenship of Nepal on such terms and conditions as may be prescribed by
law.
Provided that this clause shall not be applicable in the case of descendants
of naturalized citizens.
(7) The termination of the citizenship of Nepal shall be as determined by
law.
10. Conferment of Honorary Citizenship:
Notwithstanding anything contained in Article 9, honorary citizenship may be
granted to an internationally renowned person.
PART 3
FUNDAMENTAL RIGHTS
11. Right to Equality:
(1) All citizens shall be equal before the law. No person shall be denied
the equal protection of the laws.
(2) No discrimination shall be made against any citizen in the application
of general laws on grounds of religion (dharma), race (varya), sex (li_ga),
caste (jāt), tribe (jāti) or ideological conviction (vaicārik) or any of
these.
(3) The State shall not discriminate among citizens on grounds of religion,
race, sex, caste, tribe, or ideological conviction or any of these.
Provided that special provisions may be made by law for the protection and
advancement of the interests of women, children, the aged or those who are
physically or mentally incapacitated or those who belong to a class which is
economically, socially or educationally backward.
(4) No person shall, on the basis of caste, be discriminated against as
untouchable, be denied access to any public place, or be deprived of the use
of public utilities. Any contravention of this provision shall be punishable
by law.
(5) No discrimination in regard to remuneration shall be made between men
and women for the same work.
12. Right to Freedom:
(1) No person shall be deprived of his personal liberty save in accordance
with law, and no law shall be made which provides for capital punishment.
(2) All citizens shall have the following freedoms:
(a) freedom of opinion and expression;
(b) freedom to assemble peaceably and without arms;
(c) freedom to form unions and associations;
(d) freedom to move throughout the Kingdom and reside in any part thereof;
and
(e) freedom to practise any profession, or to carry on any occupation,
industry, or trade.
Provided that -
(1) nothing in sub-clause (a) shall be deemed to prevent the making of laws
to impose reasonable restrictions on any act which may undermine the
sovereignty and integrity of the Kingdom of Nepal, or which may jeopardize
the harmonious relations subsisting among the peoples of various castes,
tribes or communities, or on any act of sedition, defamation, contempt of
court or incitement to an offence; or on any act which may be contrary to
decent public behaviour or morality;
(2) nothing in sub-clause (b) shall be deemed to prevent the making of laws
to impose reasonable restrictions on any act which may undermine the
sovereignty, integrity or law and order situation of the Kingdom of Nepal;
(3) nothing in sub-clause (c) shall be deemed to prevent the making of laws
to impose reasonable restrictions on any act which may undermine the
sovereignty and integrity of the Kingdom of Nepal, which may jeopardize the
harmonious relations subsisting among the peoples of various castes, tribes
or communities, which may instigate violence, or which may be contrary to
public morality;
(4) nothing in sub-clause (d) shall be deemed to prevent the making of laws
which are in the interest of the general public, or which are made to impose
reasonable restrictions on any act which may jeopardize the harmonious
relations subsisting among the peoples of various castes, tribes or
communities;
(5) nothing in sub-clause (e) shall be deemed to prevent the making of laws
to impose restriction on any act which may be contrary to public health or
morality, to confer on the State the exclusive right to undertake specified
industries, businesses or services; or to impose any condition or
qualification for carrying on any industry, trade, profession or occupation.
13. Press and Publication Right:
(1) No news item, article or any other reading material shall be censored.
Provided that nothing shall prevent the making of laws to impose reasonable
restrictions on any act which may undermine the sovereignty and integrity of
the Kingdom of Nepal, or which may jeopardize the harmonious relations
subsisting among the peoples of various castes, tribes or communities; or on
any act of sedition, defamation, contempt of court or incitement to an
offence; or on any act against which may be contrary to decent public
behaviour or morality.
(2) No press shall be closed or seized for printing any news item, article
or other reading material.
(3) The registration of a newspaper or periodical shall not be canceled
merely for publishing any news item, article or other reading material.
14. Right Regarding Criminal Justice:
(1) No person shall be punished for an act which was not punishable by law
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.
(2) No person shall be prosecuted or punished for the same offence in a
court of law more than once.
(3) No person accused of any offence shall be compelled to be a witness
against himself.
(4) No person who is detained during investigation or for trial or for any
other reason shall be subjected to physical or mental torture, nor shall be
given any cruel, inhuman or degrading treatment. Any person so treated shall
be compensated in a manner as determined by law.
(5) No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest, nor shall be
denied the right to consult and be defended by a legal practitioner of his
choice.
Explanation: For the purpose of this clause, the words "legal practitioner"
shall mean any person who is authorised by law to represent any person in
any court.
(6) Every person who is arrested and detained in custody shall be produced
before a judicial authority within a period of twenty-four hours after such
arrest, excluding the time necessary for the journey from the place of
arrest to such authority, and no such person shall be detained in custody
beyond the said period except on the order of such authority.
(7) Nothing in clauses (5) and (6) shall apply to a citizen of an enemy
state, and nothing in clause (6) shall apply to any person who is arrested
or detained under any law providing for preventive detention.
15. Right against Preventive Detention:
(1) No person shall be held under preventive detention unless there is a
sufficient ground of existence of an immediate threat to the sovereignty,
integrity or law and order situation of the Kingdom of Nepal.
(2) Any person held under preventive detention shall, if his detention was
contrary to law or in bad faith, have the right to be compensated in a
manner as prescribed by law.
16. Right to Information:
Every citizen shall have the right to demand and receive information on any
matter of public importance;
Provided that nothing in this Article shall compel any person to provide
information on any matter about which secrecy is to be maintained by law.
17. Right to Property:
(1) All citizens shall, subject to the existing laws, have the right to
acquire, own, sell and otherwise dispose of, property.
(2) The State shall not, except in the public interest, requisition, acquire
or create any encumbrance on, the property of any person.
(3) The basis of compensation and procedure for giving compensation for any
property requisitioned, acquired or encumbered by the State for in the
public interest, shall be as prescribed by law.
18. Cultural and Educational Right:
(1) Each community residing within the Kingdom of Nepal shall have the right
to preserve and promote its language, script and culture.
(2) Each community shall have the right to operate schools up to the primary
level in its own mother tongue for imparting education to its children.
19. Right to Religion:
(1) Every person shall have the freedom to profess and practise his own
religion as handed down to him from ancient times having due regard to
traditional practices;
provided that no person shall be entitled to convert another person from one
religion to another.[3]
(2) Every religious denomination shall have the right to maintain its
independent existence and for this purpose to manage and protect its
religious places and trusts.
20. Right against Exploitation:
(1) Traffic in human beings, slavery, serfdom or forced labour in any form
is prohibited. Any contravention of this provision shall be punishable by
law;
Provided that nothing herein shall be a bar to providing by law for
compulsory service for public purposes.
(2) No minor shall be employed in work in any factory or mine, or be engaged
in any other hazardous work.
21. Right against Exile:
No citizen shall be exiled.
22. Right to Privacy:
Except as provided by law, the privacy of the person, house, property,
document, correspondence or information of anyone is inviolable.
23. Right to Constitutional Remedy:
The right to proceed in the manner set forth in Article 88 for the
enforcement of the rights conferred by this Part is guaranteed.
PART 4
DIRECTIVE PRINCIPLES AND POLICIES OF THE STATE
24. Application of Directive Principles and Policies:
(1) The principles and policies contained in this Part shall not be
enforceable in any court.
(2) The principles and policies contained in this part shall be fundamental
to the activities and governance of the State and shall be implemented in
stages through laws within the limits of the resources and the means
available in the country.
25. Directive Principles of the State:
(1) It shall be the chief objective of the State to promote conditions of
welfare on the basis of the principles of an open society, by establishing a
just system in all aspects of national life, including social, economic and
political life, while at the same time protecting the lives, property and
liberty of the people.
(2) The fundamental economic objective of the State shall be to transform
the national economy into an independent and self-reliant system by
preventing the available means and resources of the country from being
concentrated within a limited section of society, by making arrangements for
the equitable distribution of economic gains on the basis of social justice,
by making such provisions as will prevent economic exploitation of any class
or individual, and by giving preferential treatment and encouragement to
national enterprises, both private and public .
(3) The social objective of the State shall be to establish and develop, on
the foundation of justice and morality, a healthy social life, by
eliminating all types of economic and social inequalities and by
establishing harmony amongst the various castes, tribes, religions,
languages, races and communities.
(4) It shall be the chief responsibility of the State to maintain conditions
suitable to the enjoyment of the fruits of democracy through wider
participation of the people in the governance of the country and by way of
decentralisation, and to promote general welfare by making provisions for
the protection and promotion of human rights, by maintaining tranquility and
order in the society.
(5) The State, in its international relations, shall be guided by the
objective of enhancing the dignity of the nation in the international arena
by maintaining the sovereignty, integrity and independence of the country.
26. State Policies:
(1) The State shall pursue a policy of raising the standard of living of the
general public through the development of infrastructures such as education,
health, housing and employment of the people of all regions by equitably
distributing o investment of economic resources for balanced development in
the various geographical regions of the country.
(2) The State shall, while maintaining the cultural diversity of the
country, pursue a policy of strengthening the national unity by promoting
healthy and cordial social relations amongst the various religions, castes,
tribes, communities and linguistic groups, and by helping in the promotion
of their languages, literatures, scripts, arts and cultures.
(3) The State shall pursue a policy of mobilising the natural resources and
heritage of the country in a manner which might be useful and beneficial to
the interest of the nation.
(4) The State shall give priority to the protection of the environment and
also to the prevention of its further damage due to physical development
activities by increasing the awareness of the general public about
environmental cleanliness, and the State shall also make arrangements for
the protection of the rare wildlife, the forests and the vegetation.
(5) The State shall create conditions for the economic progress of the
majority of the people, who are dependent on agriculture, by introducing
measures which will help in raising productivity in the agricultural sector
and develop the agricultural sector on the principles of industrial growth
by launching land reform programmes.
(6) The State shall pursue a policy of increasing the participation of the
labour force, the chief socio-economic force of the country, in the
management of enterprises by gradually securing employment opportunities to
it, ensuring the right to work, and thus protecting its rights and
interests.
(7) The State shall pursue a policy of making the female population
participate, to a greater extent, in the task of national development by
making special provisions for their education, health and employment.
(8) The State shall make necessary arrangements to safeguard the rights and
interests of children and shall ensure that they are not exploited, and
shall make gradual arrangements for free education.
(9) The State shall pursue such policies in matters of education, health and
social security of orphans, helpless women, the aged, the disabled and
incapacitated persons, as well as ensure their protection and welfare.
(10) The State shall pursue a policy which will help promote the interests
of the economically and socially backward groups and communities by making
special provisions with regard to their education, health, and employment.
(11) The State shall, with a view to bringing about prosperity in the
country, pursue a policy of giving priority to the development of science
and technology and shall also give due consideration to the development of
local technology.
(12) The State shall, for the purposes of national development, pursue a
policy of taking measures necessary for the attraction of foreign capital
and technology, while at the same time promoting indigenous investment.
(13) The State shall pursue a policy of creating conditions for the
acceleration of the speed of rural development, keeping in view the welfare
of the majority of the rural population.
(14) The State shall, in order to secure justice for all, pursue a policy of
providing free legal aid to indigent persons for their legal representation
in keeping with the principle of the Rule of Law.
(15) The foreign policy of Nepal shall be guided by the principles of the
United Nations Charter, nonalignment, Panchsheel, international law and the
value of world peace.
(16) The State shall pursue a policy of making continuous efforts to
institutionalise peace for Nepal through international recognition, by
promoting cooperative and good relations in the economic, social and other
spheres on the basis of equality with neighbouring and all other countries
of the world.
PART 5
HIS MAJESTY
27. His Majesty:
(1) In this Constitution, the words "His Majesty" mean His Majesty the King
for the time being reigning, being a descendant of the Great King Prithvi
Narayan Shah and an adherent of Aryan Culture and the Hindu Religion.
(2) His Majesty is the symbol of the Nepalese nationality and the unity of
the Nepalese people.
(3) His Majesty is to preserve[4] and protect this Constitution by keeping
in view the best interests and welfare of the people of Nepal.
28. Provision Relating to Succession to the Throne:
(1) Nothing in this Constitution shall affect the custom, usage and
tradition relating to the order of succession to the Throne by the
descendants of His Majesty.
(2) His Majesty shall have the exclusive power of enacting, amending and
repealing the law relating to the succession to the Throne by His
descendants.
29. Expenditures and Privileges relating to His Majesty and the Royal
Family:
Expenditures and privileges relating to His Majesty and the Royal Family
shall be as determined by law:
Provided that no law shall be made having the effect of reducing the
expenditures and privileges being provided by the existing law.
30. Income and Property of His Majesty to be Exempt from Tax and Inviolable:
(1) The income and personal property of His Majesty shall be exempt from all
kinds of tax, fee or other similar charge.
(2) The property of His Majesty shall be inviolable.
31. Question not to be Raised in Courts:
No question shall be raised in any court about any act performed by His
Majesty:
Provided that nothing in this Article shall be deemed to restrict any right
under law to initiate proceedings against His Majesty's Government or any
employee of His Majesty.
32. Royal Representative, Council of Royal Representatives, Regency and
Council of Regency:
(1) In this Constitution, any reference to His Majesty shall, unless the
subject or context otherwise requires, include reference to a Royal
Representative or Council of Royal Representatives exercising powers
pursuant to clause (2), and to a Regent or Council of Regency empowered
pursuant to Article 34.
(2) His Majesty may, by warrant under His Royal Seal, , appoint any person
or council as His Royal Representative to exercise, subject to such
conditions as may be specified in the warrant, such functions as His Majesty
is to perform pursuant to this Constitution or the existing law during His
Majesty's absence from Nepal or during any specified period. The functions
exercised by such Royal Representative within the terms and limits specified
in the warrant shall, for the purposes of this Constitution and existing
laws, be deemed to have been exercised by His Majesty.
33. Royal Standard and Salute:
(1) Square in shape and crimson in colour having borders in white, the Royal
standard is traditionally comprised of a crescent moon, in the upper corner
near the flagstaff with eight out of sixteen rays shown in white colour, and
a white sun with twelve white rays in the upper corner opposite to the
flagstaff, and a white flag showing a six-angled figure and a sword in the
middle of the standard with an upright white lion facing the flag with both
its paws holding, and the right hind leg supporting, the flagstaff.
(2) The national anthem of Nepal is the Royal salute.
PART 6
RAJ PARISHAD
34. Raj Parishad:[5]
(1) His Majesty shall constitute a Raj Parishad, the functions of which
shall be as set forth in this Constitution.
(2) The Raj Parishad shall consist of the following members:
(a) Members of the Royal Family as designated by His Majesty;
(b) Prime Minister Ex-Officio Member;
(c) Chief Justice Ex-Officio Member;
(d) Speaker of the House of Representatives Ex-Officio Member;
(e)Chairman of the National Assembly Ex-Officio Member;
(f) Chairman of the Standing Committee of the
Raj Parishad Ex-Officio Member;
(g) Deputy Prime Minister Ex-Officio Member;
(h) Ministers Ex-Officio Member
(i) Leader of the opposition in the
House of Representatives Ex-Officio Member;
(j) Field Marshal Ex-Officio Member;
(k) Bada Gurujyu Ex-Officio Member;
(l) Commander-in-Chief Ex-Officio Member;
(m) Mukhya Shahebjyu Ex-Officio Member;
(n) Chief Commissioner of the Commission for the
Investigation of Abuse of Authority Ex-Officio Member;
(o) Auditor-General Ex-Officio Member;
(p) Chairman of the Public Service Commission Ex-Officio Member;
(q) Chief Election Commissioner Ex-Officio Member;
(r) Attorney-General Ex-Officio Member;
(s) Mukhya Chautariya Ex-Officio Member;
(t) Principal Secretary or Secretary of His Majesty Ex-Officio Member;
(u) Chief Secretary of His Majesty's Government Ex-Officio Member;
(v) Inspector General of Police Ex-Officio Member; and
(w) Such other members as His Majesty may designate from among persons who,
being renowned in different fields of national life, or who, having rendered
distinguished service, are considered fit to be members of the Raj Parishad.
(3) Persons designated by His Majesty pursuant to sub-clause (a) and (w) of
clause (2) shall remain members during the pleasure of His Majesty.
(4) A meeting of the Raj Parishad shall be summoned by the command of His
Majesty, and shall be presided over by Him if present at the meeting. If His
Majesty is not present at the meeting, and if the Crown Prince has attained
the age of eighteen years, the meeting shall be presided over by the Crown
Prince, such , and if the Crown Prince has not attained the age of eighteen
years, or if He is not present, the meeting shall be presided over by such
person as is designated by His Majesty shall so preside, and if no such
person has been designated, by the Chairman of the Standing Committee of the
Raj Parishad.
(5) The Chairman of the Standing Committee of the Raj Parishad shall summon
a meeting of the Raj Parishad in the following circumstances and such
meeting shall be conducted under his Chairmanship:
(a) on the demise of His Majesty or if His Majesty proclaims His abdication.
(b) if at least one-fourth of the total number of members of the Raj
Parishad sign a requisition declaring that His Majesty is unable, by reason
of mental or physical infirmity, to perform his functions .
(6) A meeting summoned under the circumstances mentioned in sub-clause (a)
of clause (5) shall proclaim the accession to the Throne of the
heir-apparent to His Majesty in accordance with the law, custom and usage
relating to the succession to the Throne. It shall also proclaim the
appointment of a Regent or Council of Regency, subject to rules made by His
Majesty, in case His Majesty is below the age of eighteen years:
Provided that the Regency or Council of Regency proclaimed under this clause
shall dissolve on His Majesty attaining the age of eighteen years.
(7) If a meeting of the Raj Parishad, summoned under sub-clause (b) of
Clause (5) with the object of deciding whether His Majesty is mentally or
physically incapacitated, passes a resolution confirming such incapacity by
a majority of two-thirds of its total membership, the meeting of the Raj
Parishad shall proclaim the Crown Prince to be the Regent if He has attained
the age of eighteen years, and in other circumstances, it shall, subject to
rules made by His Majesty, proclaim a Regent or Council of Regency:
Provided that the Regency or Council of Regency proclaimed under this clause
shall, subject to rules made by His Majesty, dissolve on the demise of or
abdication by His Majesty, or on His Majesty informing the Raj Parishad that
he is fit to resume the Royal functions.
(8) A Regent or Council of Regency proclaimed under clauses (6) or (7) shall
not have any power to decide or to give approval to anything which shall be
prejudicial to the interest of His Majesty or His successor.
(9) Nothing in clauses (6) and (7) shall prevent the heir apparent to His
Majesty from exercising the powers of the Throne pending a proclamation to
that effect.
(10) The Raj Parishad shall transact its business notwithstanding the
absence of any of its members at any meeting if: -
(a) notice of such meeting has been sent to all persons who were members on
the date of issuance of the notice; and
(b) at least one-third of the total number of members are present.
(11) The Raj Parishad may make necessary rules to regulate its business.
Until such rules are made, its business shall be regulated by rules made by
His Majesty.
(12) Members of the Raj Parishad shall take an oath in the manner as
specified by His Majesty.
(13) His Majesty shall appoint the Secretary of the Raj Parishad.
(14) His Majesty may, from among the members of the Raj Parishad, constitute
a Standing Committee of the Raj Parishad, consisting of a maximum of fifteen
members including a Chairman and the following ex-officio members:
(a) Prime Minister;
(b) Chief Justice;
(c) Speaker of the House of Representatives;
(d) Chairman of the National Assembly;
(e) Bada Gurujyu; and
(f) Commander-in-Chief.
(15) The tenure of office of the Chairman and the members of the Standing
Committee of the Raj Parishad other than the ex-officio members shall be
four years from the date of appointment. Such members shall be eligible for
reappointment.
(16) The office of the Chairman or a member of the Standing Committee of the
Raj Parishad shall be deemed vacant under the following circumstances: -
(a) if he dies; or
(b) if he is relieved of office by His Majesty;
(c) if his resignation submitted to His Majesty in writing is accepted by
Him;
(d) if his term of office expires pursuant to clause (15).
(17) In order to be eligible for appointment as the Chairman or a member of
the Standing Committee of the Raj Parishad, a person must meet the following
requirements: -
(a) he has reached the age of fifty years;
(b) he is not disqualified under any law.
(18) The functions, duties and power of the Standing Committee of the Raj
Parishad shall be as follows: -
(a) to submit recommendations on matters referred to it by His Majesty; and
(b) to carry out the functions relating to the Royal Family as specified by
His Majesty.
(19) The Standing Committee of the Raj Parishad may, subject to the
provisions of this Article, frame necessary rules to regulate its business.
Until such time as these rules are approved by His Majesty, this business
shall be regulated by rules made by His Majesty.
(20) The remuneration of the Chairman and the members of the Standing
Committee of the Raj Parishad shall be as fixed by His Majesty.
(21) The meetings of the Standing Committee of the Raj Parishad shall be
summoned by its Chairman. During discussions on any issue at such meetings,
any other member of the Raj Parishad may also be invited.
(22) The Secretary of the Raj Parishad shall also act as the Secretary of
its Standing Committee.
(23) The members of the Standing Committee of the Raj Parishad shall take an
oath in the manner as specified by His Majesty.
PART 7
EXECUTIVE
35. Executive Power:
(1) The executive power of the Kingdom of Nepal shall, pursuant to this
Constitution and other laws, be vested in His Majesty and the Council of
Ministers.
(2) Except as otherwise expressly provided as to be exercised exclusively by
His Majesty or at His discretion or on the recommendation of any institution
or official, the powers of His Majesty under this Constitution shall be
exercised upon the recommendation and advice and with the consent of the
Council of Ministers. Such recommendation, advice and consent shall be
submitted through the Prime Minister.
(3) The responsibility of issuing general directives, controlling and
regulating the administration of the Kingdom of Nepal shall, subject to this
Constitution and other laws, lie in the Council of Ministers.
(4) Except in so far as any action is to be taken in the name of His Majesty
pursuant to this Constitution and other laws, all other executive actions
shall be expressed to be taken in the name of His Majesty's Government.
(5) Any decision, order or implementation warrant to be issued in the name
of His Majesty pursuant to this Constitution and other laws shall be
authenticated in such manner as may be set forth in rules made by His
Majesty at His discretion. All other decisions, orders and implementation
warrants to be issued in the name of the Council of Ministers pursuant to
clause (4) above shall be authenticated in such manner as may be set forth
in rules approved by His Majesty.
(6) No question shall be raised in any court as to whether or not any
recommendation or advice has been given to His Majesty pursuant to this
Constitution by the Council of Ministers or any other institution or
official, nor shall any question be raised in any court about what
recommendation or advice has been given.
36. Constitution of Council of Ministers:
(1) His Majesty shall appoint the leader of the party which commands a
majority in the House of Representatives as the Prime Minister, and shall
constitute the Council of Ministers under his chairmanship.
(2) The Council of Ministers, in addition to the Prime Minister, shall
consist of a Deputy-Prime Minister if required and such other Ministers as
may be required.
(3) His Majesty shall, upon the recommendation of the Prime Minister,
appoint from among the members of the Parliament, a Deputy-Prime Minister if
required and such other Ministers as may be required.
(4) The Prime Minister and other Ministers shall be collectively responsible
to the House of Representatives, and the Ministers shall be individually
responsible for the work of their respective Ministries to the Prime
Minister and the House of Representatives.
(5) The Prime Minister shall be relieved of his office in the following
circumstances:
(a) if his resignation submitted to His Majesty in writing is accepted by
Him; or
(b) if His Majesty relieves him of office in accordance with a no confidence
resolution passed by a majority of the total number of members of the House
of Representatives pursuant to Article 59; or
(c) if he ceases to be a member of the House of Representatives; or
(d) if he dies.
(6) The Deputy-Prime Minister or a Minister shall be relieved of his office
in the following circumstances:
(a) if his resignation submitted to His Majesty in writing through the Prime
Minister is accepted by Him; or
(b) if the Prime Minister is relieved of his office pursuant to the
provisions of clause (5) above; or
(c) if he ceases to be a member of Parliament; or
(d) if he is relieved of office by His Majesty on the recommendation of the
Prime Minister; or
(e) if he dies.
(7) If the Prime Minister is relieved of his office pursuant to clause (5),
the existing Council of Ministers shall continue to function until a new
Council of Ministers is constituted.
Provided that His Majesty shall, upon the death of the Prime Minister,
designate either the Deputy-Prime Minister or the seniormost Minister to act
as the Prime Minister until a new Prime Minister is appointed.
37. State Ministers and Assistant Ministers:
(1) His Majesty shall, on the recommendation of the Prime Minister, appoint
State Ministers from amongst the members of Parliament.
(2) His Majesty shall, upon the recommendation of the Prime Minister,
appoint Assistant Ministers from amongst the members of Parliament to assist
any Minister in carrying out his responsibilities.
(3) The provisions of clause (6) of Article 36 relating to Ministers shall
also be applicable to State Ministers and Assistant Ministers.
38. Appointment of Non-Member of Parliament as Minister:
Notwithstanding anything contained in Articles 36 and 37, any person who is
not a member of either House of Parliament may be appointed Deputy-Prime
Minister, Minister, State Minister or Assistant-Minister:
Provided that such Deputy-Prime Minister, Minister, State Minister or
Assistant-Minister shall be required to become a member of Parliament within
six months from the date of his appointment.
39. Remuneration and Other Privileges:
The remuneration and other privileges of the Prime Minister, Deputy-Prime
Minister, Ministers, State Ministers and Assistant-Ministers shall be as
determined by an Act, and until so determined, shall be as specified in
rules made by His Majesty.
40. Oath:
The Prime Minister, Deputy-Prime Minister, and other Ministers shall take
their oaths of office and secrecy before His Majesty, and the State
Ministers and Assistant-Ministers before the Prime Minister.
41. Conduct of Government Business:
(1) The allocation and transaction of business of His Majesty's Government
shall be carried out as set forth in rules approved by His Majesty.
(2) No question shall be raised in any court as to whether or not rules made
pursuant to clause (1) above have been observed.
42. Special Provisions Concerning the Council of Ministers:
(1) If no one party has a clear-majority in the House of Representatives,
His Majesty shall appoint as Prime Minister a member who is able to command
a majority with the support of two or more parties represented in the House.
(2) If no member is able to command a majority in the House of
Representatives even pursuant to clause (1) above, His Majesty shall appoint
as Prime Minister the leader of the parliamentary party that holds the
largest number of seats in the House of Representatives.
(3) A Prime Minister appointed pursuant to clause (1) or (2) above shall be
required to obtain a vote of confidence from the House of Representatives
within thirty days.
(4) If a Council of Ministers appointed pursuant to the provisions of clause
(2) above fails to obtain a vote of confidence from the House of
Representatives, His Majesty shall dissolve the House of Representatives and
issue an order for holding elections within six months.
43. Information to be submitted to and Recommendations to be made by His
Majesty:
(1) It shall be the duty of the Prime Minister to inform His Majesty of the
following matters:
(a) decisions of the Council of Ministers regarding the administration of
the Kingdom of Nepal,
(b) Bills to be introduced in Parliament,
(c) such other information as commanded by His Majesty on matters mentioned
in sub-clauses (a) and (b), and
(d) the current general state of affairs of the country, matters concerning
peace and security in the country, matters of political, social and
administrative concerns, and matters concerning international relations.
(2) His Majesty may make recommendations to, or appreciations of, or
admonitions to, the Council of Ministers on matters of national importance.
PART 8
LEGISLATURE
44. Constitution of Legislature:
There shall be a Legislature, to be called Parliament, which shall consist
of His Majesty and two Houses, namely the House of Representatives and the
National Assembly.
45. Constitution of the House of Representatives:
(1) The House of Representatives shall consist of two hundred and five
members.
(2) For the purpose of election of members to the House of Representatives,
administrative districts shall be treated as election districts, and the
ratio of the number of seats allocated to any district shall be, so far as
practicable, equal to the ratio of the population of that district to the
national population as determined by the last census preceding the concerned
election; and the number of election constituencies shall be equal to the
number of seats so allocated; and one member shall be elected from each
election constituency.
Provided that the number of members to be elected from the districts shall
be so determined and election constituency so delimitated as to be elected
[sic] at least one member from each district irrespective of its population.
(3) Unless dissolved earlier pursuant to the provisions of this
Constitution, the term of the House of Representatives shall be five years.
Provided that the term of the House of Representative may be extended by an
Act for a period not exceeding one year during the operation of a
proclamation of a State of Emergency.
(4) The term of the House of Representatives as extended in pursuance of the
proviso clause of clause (3) shall ipso facto stand terminated after the
expiry of six months from the date on which the proclamation of the State of
Emergency is withdrawn.
(5) Subject to the provisions of this Constitution, election to membership
in the House of Representatives shall be held on the basis of one man-one
vote through secret ballots in accordance with the provisions of law.
(6) Every Nepali citizen who has attained the age of eighteen shall be
entitled to vote in one of the election constituencies in accordance with
the provisions of law.
(7) Every person who is entitled to vote in the elections for the House of
Representatives may, subject to the provisions of Article 47 and other
existing laws, be a candidate from any of the election constituencies.
(8) Any vacancy in a seat occurring in the House of Representatives, while a
portion of its term still remains, shall be filled through a by-election.
(9) Subject to the provisions of this Article, elections for the House of
Representatives and other matters pertaining thereto shall be regulated in
accordance with law.
46. Constitution of the National Assembly and the Tenure of Office of
Members:
(1) The National Assembly shall consist of sixty members as follows: -
(a) ten members to be nominated by His Majesty from amongst persons of high
reputation who have rendered prominent service in various fields of national
life,
(b) thirty five members, including at least three women members, to be
elected by the House of Representatives in accordance with the provisions of
law, on the basis of the system of proportional representation by means of
the single transferable vote, and
(c) fifteen members, three from each of the Development Regions, to be
elected in accordance with law on the basis of the system of single
transferable vote by an electoral college consisting of the Chief and the
Deputy-Chief of the Village and Town level Local-Authorities and the Chief,
Deputy-Chief, and the members of the District level Local-Authorities:
Provided that until elections are held for the Local Authorities, such
electoral college shall, for the first time, consist of the members of the
House of Representatives elected from the concerned Development Region.
(2) The National Assembly shall be a permanent House. The tenure of office
of one-third of its members shall expire every two years.
(3) The tenure of office of the members of the National Assembly shall be
six 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 the members on the expiry of two years, another one-third on the expiry
of four years, and the final one-third on the expiry of six years.
(4) The term of office of the members, including any unfilled seats, shall
be deemed to have started on the date on which National Assembly commences
its first session.
(5) Vacancies of seats in the National Assembly shall be filled in the same
manner of election or nomination through which the seat of the vacating
member was filled.
(6) If any seat of a member of the National Assembly falls vacant during his
tenure of office, the vacancy shall be filled in accordance with Clause (5),
by election or nomination, as the case may be, for the remainder of the
term.
47. Qualifications for Membership:
(1) In order to become a member of Parliament any person -
(a) must be a citizen of Nepal;
(b) must have attained twenty five years of age for the House of
Representatives and thirty five years for the National Assembly;
(c) should not be disqualified under any law; and
(d) should not hold an office of profit.
Explanation: For the purpose of this sub-clause, "office of profit" means
any position, other than a political position, to be filled by election or
nomination for which a remuneration or economic benefit is paid out of a
Government Fund.
(2) No person shall be a member of both Houses simultaneously.
48. Decision as to Disqualifications [sic] of Members:
If a question arises as to whether a member of Parliament is disqualified or
has ceased to possess any of the qualifications set forth in Article 47, the
final decision shall be made by the Chief Justice of Nepal or any other
Judge of the Supreme Court designated by him.
49. Vacation of seat:
(1) The seat of a member of Parliament shall become vacant in the following
circumstances:
(a) if he dies; or
(b) if he resigns in writing; or
(c) if he does not or has ceased to possess the qualifications referred to
in Article 47; or
(d) if his term of office expires, or if the term of the House in accordance
with this Constitution; or
(e) if he, without the leave of the concerned House, absents himself from
thirty consecutive meetings of the House; or
(f) if the party of which he was a member when elected provides notification
in the manner set forth by law that he has abandoned the party.
50. Oath:
The members of each House of Parliament shall, before taking part for the
first time in a meeting of that House or any of its committees, take an oath
in the specified form.
51. Speaker and Deputy-Speaker of the House of Representatives:
(1) The House of Representatives shall, as soon as possible, elect a Speaker
and a Deputy-Speaker from among its members. If the office of the Speaker or
the Deputy-Speaker falls vacant, the House of Representatives shall fill the
vacancy through election from among its members.
(2) The Deputy-Speaker shall, in the absence of the Speaker of the House of
Representatives, chair the House of Representatives.
(3) If the election of the Speaker and Deputy-Speaker has not taken place,
or if both the positions have become vacant, the member of the House of
Representatives who is by age the seniormost shall preside over the meeting
of the House of Representatives.
(4) The Office of the Speaker or the Deputy-Speaker shall become vacant in
the following circumstances:
(a) if he ceases to be a member of House of Representatives:
Provided that, after the dissolution of the House of Representatives, the
Speaker and Deputy-Speaker shall continue in office until the date of the
filing of nominations for election to the House of Representatives; or
(b) he submits a written resignation; or
(c) if a resolution is passed by a majority of two-thirds of the total
number of members in the House of Representatives to the effect that his
conduct is not compatible with his position.
(5) The Deputy-Speaker shall preside over a meeting at which deliberations
are to be held on a resolution that the conduct of the Speaker of the House
of Representatives is not compatible with his position. The Speaker shall be
entitled to take part and vote in the deliberations on such resolution.
52. Chairman and Vice Chairman of the National Assembly:
(1) After the commencement of its first session, the National Assembly
shall, as soon as possible, elect a Chairman and Vice Chairman from among
its members. If the office of the Chairman or the Vice-Chairman falls
vacant, the National Assembly shall fill the vacancy through election from
among its members.
(2) The Vice-Chairman shall, in the absence of the Chairman of the National
Assembly, chair the National Assembly.
(3) If the election of the Chairman and Vice-Chairman has not taken place,
or if both the positions have become vacant, the member of the National
Assembly who is by age the seniormost shall preside over the meeting of the
National Assembly.
(4) The office of the Chairman or the Vice-Chairman shall become vacant in
the following circumstances:
(a) if he ceases to be a member of the National Assembly; or
(b) if he submits a written resignation; or
(c) if a resolution is passed by a majority of two-thirds of the total
number of members of the National Assembly to the effect that his conduct is
not compatible with his position.
(5) The Vice-Chairman shall preside over a meeting at which deliberations
are to be held on a resolution that the conduct of the Chairman of the
National Assembly is not compatible with his position. The Chairman shall be
entitled to take part and vote in the deliberations on such resolution.
53. Summoning and Prorogation of Sessions and Dissolution of the House of
Representatives:
(1) His Majesty shall summon a session of parliament within one month after
the elections to the House of Representatives are held. Thereafter, His
Majesty shall summon other sessions from time to time in accordance with
this Constitution.
Provided that the interval between two consecutive sessions shall not be
more than six months.
(2) His Majesty may prorogue the session of both or either of the Houses of
Parliament.
(3) If, during the prorogation or recess of the House of Representatives,
one-fourth of its members make a representation that it is appropriate to
convene a session or meeting, His Majesty shall specify the date and time
for such session or meeting, and the House of Representatives shall meet or
commence its session on the date and time thus fixed.
(4) His Majesty may dissolve the House of Representatives on the
recommendation of the Prime Minister. His Majesty shall, when so dissolving
the House of Representatives, specify a date, to be within six months, for
new elections to the House of Representatives.
54. Address and Message by His Majesty:
(1) His Majesty may address either House or a joint sitting of both the
Houses of Parliament, and He may summon the Members for that purpose.
(2) His Majesty shall address the first session after an election to the
House of Representatives, and a joint sitting of both the Houses of
Parliament after the commencement of the first session of each year.
(3) His Majesty may send messages to either or both the Houses of
Parliament. The House receiving such message shall, as early as possible,
consider the matter mentioned in the message and submit its opinion to His
Majesty.
55. Quorum:
Except as otherwise provided in this Constitution, no resolution shall be
presented for decision in either House of Parliament unless one-fourth of
the total number of members of the concerned House are present.
56. Restriction on Discussion:
(1) No discussion shall be held in either House of Parliament on the conduct
of His Majesty, Her Majesty the Queen and the heir apparent to His Majesty:
Provided that nothing in this Article shall be deemed to bar criticism of
His Majesty's Government.
(2) No discussion shall be held in either House of Parliament on a matter
which is under consideration in any court of Nepal.
(3) No discussion shall be held in either House of Parliament about anything
done by a Judge in course of performance of his duties:
Provided that nothing in this clause shall be deemed to bar the expression
of opinion about the conduct of a Judge during deliberations on a resolution
held pursuant to clause (7) of Article 87.
57. Transaction of Business in case of Vacancy of Members:
Either House of Parliament shall have the power to transact its business
notwithstanding any vacancies in the seats of its members; and no
proceedings shall become invalid even if it is subsequently discovered that
a person not entitled to take part in the proceedings of either House had
participated therein.
58. Voting:
Except as otherwise provided in this Constitution, all questions submitted
for decision in either House of Parliament shall be decided by a majority
vote of the members present and voting. Normally the member presiding shall
not have the right to vote, but he may exercise his casting vote in the case
of tie.
59. Vote of Confidence:
(1) The Prime Minister, while he holds office, may, whenever he is of the
opinion that it is necessary or appropriate to obtain a vote of confidence
from the members of the House of Representatives, table [6] [sic] a
resolution to that effect in the House of Representatives.
(2) One-fourth of the total number of members of the House of
Representatives may table6 in writing a no-confidence motion against the
Prime Minister:
Provided that a no-confidence motion shall not be presented more than once
in the same session.
(3) A decision on a resolution tabled [sic] pursuant to clauses (1) and (2)
shall be made by a majority of the total number of members of the House of
Representatives.
60. Minister Entitled to Take Part in Both Houses:
A Minister shall be entitled to attend and take part in the proceedings and
deliberations of either House of the Parliament and its committees:
Provided that he shall not be entitled to vote in a House or committee of
which he is not a member.
61. Penalty for Unauthorized Presence or Voting:
If a person sits or votes in a meeting of either House of Parliament as a
member without taking an oath pursuant to Article 50, or knowing that he is
not qualified for membership in the House, he shall, on order of the person
chairing the House, be liable to a fine of one thousand rupees for each day
of such presence or voting. The fine shall be recovered as government dues.
62. Privileges:
(1) Subject to the provisions of this Constitution, there shall be full
freedom of speech in both Houses of Parliament and no member shall be
arrested, detained or prosecuted in any court for anything said or any vote
cast in the House.
(2) Subject to the provisions of this Constitution, each House of Parliament
shall have full power to regulate its internal business, and it shall be the
exclusive right of the House concerned to decide whether or not any
proceeding of the House is regular. No question shall be raised in any court
in this behalf [sic].
(3) Subject to the provisions of this Constitution, no comment shall be made
about the good faith concerning any proceeding of either House of Parliament
and no publication of any kind shall be made about anything said by any
member which intentionally distorts or misinterprets the meaning of the
speech.
(4) Subject to the provisions of this Constitution, the provisions of
clauses (1) and (3) shall also apply to any person, other than a member, who
is entitled to take part in a meeting of the House.
(5) No proceedings shall be initiated in any court against any person for
publication of any document, report, vote or proceeding which is made under
authority given, subject to the provisions of this Constitution, by a House
of Parliament.
Explanation: For the purposes of this clause and clauses (1), (2), (3) and
(4), the word "House" shall mean and include the committees of a House and
shall also mean a joint sitting of Parliament or a meeting of the Joint
Committee.
(6) No member of Parliament shall be arrested between the date of issuance
of the summons for a session and the date on which that session closes:
Provided that nothing in this clause shall be deemed to prevent the arrest
under any law of any member on a criminal charge. If any member is so
arrested, the official making such arrest shall forthwith inform the person
chairing the concerned House.
(7) Any breach of privilege of either House of Parliament shall be deemed to
constitute contempt of Parliament and the concerned House shall have the
exclusive right to decide whether or not any breach of privilege has taken
place.
(8) If a person is in contempt of either House of Parliament, the
Chairperson of the concerned House may, after a decision by the House to
that effect, admonish, warn or impose a sentence of imprisonment not
exceeding three months, to remain effective only during the current session
of the House, or impose a fine of up to five thousand rupees on such person.
The fine shall be recovered as government dues:
Provided that if the person so accused submits an apology to the
satisfaction of the House, it may either pardon him or remit or commute the
sentence imposed on him.
(9) Other matters relating to privileges not mentioned in this Constitution
shall be as determined by law.
63. Procedures relating to the Conduct of Business:
(1) Each House of Parliament shall, subject to the provisions of this
Constitution, frame rules for conducting its business, maintaining order
during its meetings and regulating the constitution, functions and
procedures of the committees or any other matter of the House or the
committees. Such rules shall come into effect upon approval by His Majesty.
(2) Matters relating to the conduct of business of a joint sitting of
Parliament and the constitution of its Joint Committee, and the functions
and procedures thereof shall be in accordance with rules made by His Majesty
on the recommendation of the Speaker of the House of Representatives and the
Chairman of the National Assembly.
(3) Until such time as rules mentioned in clauses (1) and (2) are made,
matters mentioned in those clauses shall be governed by rules made by His
Majesty .
64. Committees:
The House of Representatives may, by rules, regulate the constitution and
management of Committees on Finance, Public Account, Human Rights, Foreign
Relations, Natural Resources, Protection of the Environment, Population and
such committees on other subjects as required.
65. Joint-Committee:
(1) If a resolution is passed by either House demanding that of both the
Houses be constituted for the purpose of managing the working procedure
between the two Houses, resolving disagreements on any Bill, or for any
other specified function, a Joint-Committee thereon shall be constituted.
(2) The Joint-Committee shall consist of up to a maximum of fifteen members
in the ratio of two-members from the House of Representatives to-one-member
from the National Assembly.
66. Secretariat of Parliament:
(1) His Majesty shall appoint the Secretary of the House of Representatives
on the recommendation of its Speaker, and the Secretary of the National
Assembly on the recommendation of its Chairman and the Secretary-General of
Parliament in consultation with both the Speaker and the Chairman.
(2) The establishment of a Secretariat for the purpose of conducting the
business of Parliament and other matters related thereto shall be as
determined by law.
67. Remuneration:
The remuneration and privileges of the Speaker and Deputy Speaker of the
House of Representatives, the Chairman and Vice-Chairman of the National
Assembly and members of Parliament shall be determined by law, and until so
determined, shall be as specified by His Majesty.
PART 9
LEGISLATIVE PROCEDURE
68. Procedure for Introducing a Bill:
(1) A bill may be introduced in either House of Parliament:
Provided that a Finance Bills shall be introduced only in the House of
Representatives.
(2) A Finance Bill or a Bill concerning the Royal Nepal Army or the Armed
Police Force shall be introduced only as a Government Bill. Any amendment to
such Bill may be introduced only upon the prior approval of His Majesty.
Such approval shall be obtained through the person chairing the House.
(3) "Finance Bill" means a Bill concerning any or all of the following
subjects:
(a) the imposition, collection, abolition, remission, alteration or
regulation of taxes;
(b) the preservation of the Consolidated Fund or any other 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 proposed expenditures from such Funds;
(c) the regulation of matters relating to the raising of loans or the giving
of guarantees by His Majesty's Government or any matter pertaining to
amendment of the laws concerning the financial liabilities undertaken or to
be undertaken by His Majesty's Government;
(d) the custody and investment of all revenues received by any Government
Fund, moneys acquired through the repayment of loans, and grant moneys; or
audits of the accounts of His Majesty's Government; or
(e) matters directly related to the above subjects.
(4) If any question arises whether a Bill is a Finance Bill or not, the
decision of the Speaker shall be final.
69. Procedure for Passage of Bills:
(1) A Bill passed by one House of Parliament shall be transmitted to the
other House as soon as possible and such Bill, if passed by the receiving
House, shall be presented to His Majesty for assent.
(2) A Finance Bill passed by the House of Representatives shall be
transmitted to the National Assembly. The National Assembly shall, after
deliberations on such a Bill, send back the Bill to the House of
Representatives within fifteen days from the date of receipt of the Bill
with recommendations, if any.
(3) The House of Representatives shall, upon deliberations on a Bill
returned with recommendations pursuant to clause (2), present it to His
Majesty for assent along with such recommendations as it may deem
appropriate.
(4) If the National Assembly does not return a Bill received pursuant to
Clause (2) for more than fifteen days, the House of Representatives may
present the Bill to His Majesty for assent.
(5) Any Bill, except for a Finance Bill, passed by the House of
Representatives and transmitted to the National Assembly shall be sent back
with approval or recommendations 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 more
than fifty percent of the sitting members, present the Bill to His Majesty
for assent.
(6) If any Bill passed by one House is rejected or is passed with amendments
by the other House, the Bill shall be transmitted back 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 Assembly pursuant to clause (6), passes
it again as it was or with amendments, by a majority of more that fifty
percent of its sitting members, the Bill shall be presented to His Majesty
for assent.
(8) A Bill for which amendments have been recommended and which has been
transmitted to the National Assembly by the House of Representatives
pursuant to clause (6) shall be presented to His Majesty for assent if the
National Assembly also passes a resolution to adopt the Bill with such
amendments.
(9) The following Bills shall be referred to a joint sitting of the two
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 His
Majesty for assent: -
(a) Bills which, though being passed by the National Assembly, have been
rejected by the House of Representatives; or
(b) Bills which have been returned to the National Assembly with amendments
by the House of Representatives, but which the National Assembly fails to
pass with such amendments.
(10) If a session of a House terminates while a Bill is under consideration,
deliberations on the Bill may continue at the succeeding session:
Provided that if any Bill introduced in the House of Representatives is
under consideration, or if a Bill, having been passed by that House and
transmitted to the National Assembly, is under consideration in the National
Assembly, when the House of Representatives is dissolved or its term
expires, such Bill shall be deemed to have lapsed.
70. Withdrawal of Bills:
A Bill may be withdrawn by the member introducing it with the approval of
the House.
71. Assent on Bills:
(1) A Bill which is to be presented to His Majesty for assent pursuant to
Article 69 shall be so presented by the Speaker or the Chairman of the House
in which the Bill originated after it has been duly certified by him under
his hand:[7]
Provided that in the case of a Finance Bill, the Speaker shall so certify.
(2) Upon His Majesty's assent to any Bill that has been presented to Him
pursuant to this Article, both Houses shall be informed as soon as possible.
(3) Except for a Finance Bill, if His Majesty is of the opinion that any
Bill needs further deliberations, he may send back the Bill with His message
to the House of origin of the Bill within one month from the date of
presentation of the Bill to Him.
(4) If any Bill is sent back with a message from His Majesty, it shall be
reconsidered by a joint sitting of the two Houses and if the Bill so
reconsidered is again passed as it was or with amendments, and it is again
presented to him, His Majesty shall give assent to that Bill within thirty
days of such presentation.
(5) A Bill shall become an Act after His Majesty grants his assent to it in
accordance with this Article, and such assent shall be deemed to have been
granted after the Royal Seal has been affixed thereon.
72. Ordinance:
(1) If at any time, except when both Houses of Parliament are in session,
His Majesty is satisfied that circumstances exist which render it necessary
for him to take immediate action, He may, without prejudicing the provisions
set forth in this Constitution, promulgate any Ordinance as He may deem
necessary.
(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[8] at the next session of both Houses of Parliament, and
if not passed by both Houses, it shall ipso facto cease to be effective;
(b) may be repealed at any time by His Majesty; and
(c) shall, unless rendered ineffective or repealed under sub-clause (a) or
(b), ipso-facto cease to have effect at the expiration of six months from
its promulgation or sixty days from the commencement of a session of both
the Houses.
Explanation: If the two Houses of Parliament meet on different dates, the
latter date on which a House commences its session shall be deemed to be the
date of commencement of session for the purpose of computation of time under
this clause.
PART 10
FINANCIAL PROCEDURE
73. No Tax to be Levied or Loan to be Raised Except in Accordance with Law:
(1) No tax shall be levied and collected except in accordance with law.
(2) No loan shall be raised or guarantee be given by His Majesty's
Government except in accordance with law.
74. Consolidated Fund:
Except the revenues of religious endowments[9], all revenues received by His
Majesty's Government, all loans raised on the security of revenues and all
moneys received in repayment of any loan made under the authority of any Act
shall, unless otherwise provided by an Act, be credited to a Government Fund
to be known as the Consolidated Fund.
75. Expenditures From the Consolidated Fund or a Government Fund:
No expenditure shall be incurred out of the Consolidated Fund or any other
Government Fund except the following: -
(a) moneys charged on the Consolidated Fund;
(b) moneys required to meet the expenditure under an Appropriation Act;
(c) advance moneys authorised by an Act required to meet expenditures, when
an Appropriation Bill is under consideration; or
(d) -expenditures to be incurred in extraordinary circumstances under a Vote
of Credit Act which contains only a description of expenditures:
Provided that matters relating to the Contingency Fund shall be governed in
accordance with the provisions of Article 82.
76. Expenditure Chargeable on the Consolidated Fund:
The expenditures related to the following matters shall be charged on the
Consolidated Fund and yearly approval of Parliament for these expenditures
shall not be required: -
(a) the amount provided by the Act relating to expenditures on the Royal
Family;
(b) the amount required as remuneration, privileges and pension payable to
the Chief Justice of Nepal and other Judges of the Supreme Court;
(c) the amount required as remuneration and privileges payable to the
following officials: -
(1) the Speaker and Deputy-Speaker of the House of Representatives;
(2) the Chairman and Vice-Chairman of the National Assembly;
(3) the Chairman and members of the Standing Committee of the Raj Parishad;
(4) the Chief Commissioner and other Commissioners of the Commission for the
Investigation of the Abuse of Authority;
(5) the Auditor-General;
(6) the Chairman and members of the Public Service Commission; and
(7) the Chief Election Commissioner and other Election Commissioners.
(d) the administrative expenses of the Supreme Court, the Raj Parishad, the
Commission for the Investigation of the Abuse of Authority, the Department
of the Auditor-General, the Public Service Commission and the Election
Commission;
(e) all charges relating to debts for which His Majesty's Government is
liable;
(f) any sum required to satisfy any judgment or decree of a court against
His Majesty's Government; and
(g) any sum declared by law to be chargeable on the Consolidated Fund.
77. Estimates of Revenues and Expenditures:
(1) His Majesty shall, in respect of every financial year, cause to be laid
before a joint sitting of Parliament an annual estimate including the
following matters: -
(a) an-estimate of revenues;
(b) the moneys required to meet the charges on the Consolidated Fund; and
(c) the moneys required to meet the expenditure to be provided for by an
Appropriation Act.
(2) The annual estimate to be presented pursuant to clause (1) above should
accompany [sic] by a statement of the expenses allocated to each Ministry in
the previous financial year and particulars of whether the objectives of the
expenses have been achieved.
78. Appropriation Act:
The moneys required to meet the expenditure-to be provided for by any
Appropriation Act shall be specified under appropriate heads in an
Appropriation Bill.
79. Supplementary Estimates:
(1) His Majesty shall, in respect of any financial year, cause to be laid
before the House of Representatives a supplementary estimate if it is
found -
(a) that the sum authorised to be spent for a particular service by the
Appropriation Act for the current financial year is insufficient, or that a
need has arisen for expenditures upon new services not provided for by the
Appropriation Act for that year; or
(b) that the expenditures made during that financial year are in excess of
the amount authorised by the Appropriation Act.
(2) The sums included in the supplementary estimates shall be specified
under separate heads in a Supplementary Appropriations Bill.
80. Votes of Credit:
(1) Notwithstanding anything contained in this Part, a portion of the
expenditure estimated for the financial year may, when an Appropriation Bill
is under consideration, be incurred in advance by an Act.
(2) A Vote on Account Bill shall not be submitted until the estimates of
revenues and expenditures have been presented in accordance with the
provisions of Article 77 and the amounts involved in the Vote on Account
shall not exceed one-third of the estimate of expenditures for the financial
year.
(3) The expenditures incurred in accordance with the Vote on Account Act
shall be included in the Appropriation Bill.
81. Votes of Credit:
Notwithstanding anything contained in this Part, if owing a local or
national emergency due to either natural cause, a threat of external
aggression or internal disturbances, or other reasons, His Majesty is of the
opinion that it is impractical or inexpedient in view of the security or
interest of the State to specify the details required under Article 77, He
may cause to be laid before the House of Representatives a Vote of Credit
Bill giving only a description of the proposed expenditures.
82. Contingency Fund:
An Act may create a Contingency Fund into which shall be paid from time to
time such moneys as may be determined by law. Such Fund shall be under the
control of His Majesty's Government, and any unforeseen expenditures shall
be met out of such Fund by His Majesty's Government. The amount of the
expenditures so met shall be reimbursed as soon as possible by an Act.
83. Act Relating to Financial Procedure:
Matters relating to the transfer of moneys appropriated from one head to
another and other financial procedures shall be regulated by an Act.
PART 11
JUDICIARY
84. Courts to Exercise Powers Related to Justice:
Powers relating to Justice in the Kingdom of Nepal shall be exercised by
courts and other judicial institutions in accordance with the provisions of
this Constitution, the laws and the recognized principles of justice.
85. Courts of Kingdom of Nepal:
(1) Courts in the Kingdom of Nepal shall consist of the following three
tiers:
(a) Supreme Court,
(b) Appellate Court; and
(c) District Court.
(2) In addition to the Courts referred to in clause (1) above, the law may
also establish special types of courts or tribunals for the purpose of
hearing special types of cases:
Provided that no special court or tribunal shall be constituted for the
purpose of hearing a particular case.
86. Supreme Court:
(1) The Supreme Court shall be the highest court in the judicial hierarchy.
All other courts and judicial institutions of Nepal, other than the Military
Court, shall be under the Supreme Court. The Supreme Court may inspect,
supervise and give directives to its subordinate courts and other judicial
institutions.
(2) The Supreme Court shall be a Court of Record. It may initiate
proceedings and impose punishment in accordance with law for contempt of
itself and of its subordinate courts or judicial institutions.
(3) The Supreme Court shall, in addition to the Chief Justice of Nepal,
consist of up to a maximum of fourteen other Judges. If at any time, the
number of existing Judges becomes insufficient due to an increase in the
number of cases in the Supreme Court, ad hoc Judges may be appointed for a
fixed term.
87. Appointment, Qualifications and conditions of Service of Judges of the
Supreme Court:
(1) His Majesty shall appoint the Chief Justice of Nepal on the
recommendation of the Constitutional Council, and other Judges of the
Supreme Court on the recommendation of the Judicial Council. The tenure of
office of the Chief Justice shall be seven years from the date of
appointment.
(2) the Supreme Court for at least five years is eligible for appointment as
Chief Justice.
(3) Any person who has worked as a Judge of an Appellate Court or in any
equivalent post of the Judicial Service for at least ten years, or has
practised law for at least fifteen years as a law graduate advocate or
senior advocate, or who is a distinguished jurist who has worked for at
least fifteen years in the judicial or legal field is eligible for
appointment as a Judge of the Supreme Court.
Explanation: For the purpose of this clause, services rendered prior to the
commencement of this Constitution as a Judge of a Regional Court or Zonal
Court shall be deemed as service rendered in an Appellate Court.
(4) If the office of the Chief Justice becomes vacant, or the Chief Justice
is unable to carry out the duties of his office due to illness or any other
reason, or he cannot be present in office due to a leave of absence or his
being outside of Nepal, His Majesty may designate the seniormost Judge to
act as the Acting-Chief Justice.
(5) The Chief Justice or any other Judge of the Supreme Court shall hold
office until he attains the age of sixty five years.
(6) The Chief Justice or any other Judge of the Supreme Court may, by
submitting to His Majesty his resignation in writing, resign his office at
any time.
(7) The Chief Justice or any other Judge of the Supreme Court shall be
removed from his office if, for reasons of incompetence, misbehaviour or
failure to discharge the duties of his office in good faith, the House of
Representatives, by a two-thirds majority of the total number of its
members, passes a resolution for his removal and the resolution is approved
by His Majesty.
(8) The Chief Justice or any other Judge of the Supreme Court charged
pursuant to clause (7) shall be given a reasonable opportunity to defend
himself, and for this purpose, the House of Representatives may constitute a
Committee of Inquiry consisting of its members and legal experts for the
purposes of recording the statement of the Judge, collecting evidence and
submitting its findings. The working procedure of the Committee shall be
determined by law.
(9) The Chief Justice or the Judge of the Supreme Court against whom
impeachment proceedings are being initiated pursuant to clause (7) shall not
perform his duties until the proceedings are final.
(10) Except as otherwise provided for in this Constitution, the
remuneration, allowances, leave, pension, gratuities and other conditions of
service of the Chief Justice and other Judges of the Supreme Court shall be
regulated by law.
(11) The remuneration, privileges and other conditions of service of Chief
Justice and other Judges of the Supreme Court shall not be altered to their
disadvantage.
(12) Any person once who has once held the office of Chief Justice or Judge
of the Supreme Court shall not be eligible for appointment in any Government
Service, nor shall he be entitled to practice law before any office or
court.
Provided that nothing in this clause shall be deemed to be a bar to his
appointment to a political position, to a position concerning judiciary
inquiry or to a position in which his responsibility extends to giving his
advice, opinions and recommendations on the basis of study, research and
investigation in the field of justice or law.
(13) The Chief Justice may, on the recommendation of the Judicial Council,
appoint a retired-Judge of the Supreme Court or any person who is qualified
to be appointed Judge of the Supreme Court pursuant to this Article, as an
ad hoc Judge for a fixed term. The ad hoc Judge thus appointed shall, in
carrying out his duties in the capacity of Judge, be entitled to
remuneration, allowances, leave and transportation facilities similar to
that of a Judge of the Supreme Court.
Provided that the Chief Justice shall obtain prior approval from His Majesty
before making an appointment under this clause.
88. Jurisdiction of the Supreme Court:
(1) Any Nepali citizen may file a petition 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 restriction on the
enjoyment of the fundamental rights conferred by this Constitution or on any
other ground, and extraordinary power shall rest with the Supreme Court to
declare that law as void either ab initio or from the date of its decision
if it appears that the law in question is inconsistent with the
Constitution.
(2) The Supreme Court shall, for the enforcement of the fundamental rights
conferred by this Constitution, 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 constitutional or legal question involved in any dispute
of public interest or concern, have the extraordinary power to issue
necessary and appropriate orders to enforce such rights or to settle the
dispute. For these purposes the Supreme Court may, with a view to imparting
full justice and providing the appropriate remedy, issue appropriate orders
and writs including habeas corpus, mandamus, certiorari, Prohibition and quo
warranto: -
Provided that:
(a) the Supreme Court shall not be deemed to have power under this clause to
interfere with the proceedings and decisions of the Military Court except on
the ground of absence of jurisdiction or on the ground that a proceeding has
been initiated against, or punishment given to, a non-military person for an
act other than an offence relating to the Army.
(b) except on the ground of absence of jurisdiction, the Supreme Court shall
not interfere under this clause with the proceedings and decisions of
Parliament concerning penalties imposed by virtue of its Privileges.
(3) The Supreme Court shall have original and appellate jurisdiction as
defined by law.
(4) The Supreme Court may review its own judgment or final orders subject to
the conditions and in the circumstances prescribed by law.
(5) If His Majesty wishes to have an opinion of the Supreme Court on any
complicated legal question of interpretation of this Constitution or of any
other law, the Court shall, upon consideration on the question, report to
His Majesty its opinion thereon.
(6) Other powers and procedures of the Supreme Court shall be as prescribed
by law.
89. Establishment and Management of Appellate Courts and District Courts:
The establishment, management and jurisdiction of the Appellate Courts,
District Courts and other courts subordinate to the Supreme Court shall be
determined by law subject to this Constitution.
90. Qualifications for Judges of Appellate Courts and Districts [sic]
Courts:
(1) Any person who is a Nepali citizen shall be eligible for appointment as
Chief Judge or other Judge of an Appellate Court if he, having a Bachelor's
Degree in law, has worked as a District Judge or worked in any other
equivalent post for a period of at least seven years; or has practised law
for a least ten years as a law graduate advocate or senior advocate, or has
taught law or done research thereon or has worked in any other field of law
or justice for at least ten years.
(2) A person who is a Nepali citizen, who has a Bachelor's Degree in law,
and has worked for at least four years as a second class gazetted officer in
the Judicial Service is eligible for appointment as a District Judge:
Provided that nothing herein shall prevent the continuance or the
reappointment of the Judges who at the commencement of this Constitution are
working as Judges.
(3) Unless the subject or context otherwise requires, the word "Judge" as
mentioned in this Article and ensuing Articles, shall mean and include an
Additional Judge.
91. Appointment and Conditions of Service of the Judges of Appellate Courts
and District Courts:
(1) His Majesty shall, on the recommendation of the Judicial Council,
appoint any Chief Judge and Judges of the Appellate Courts and any Judges of
the District Courts:
Provided that His Majesty may delegate His authority to the Chief Justice
for the appointment of the District Judges to be made on the recommendation
of the Judicial Council.
(2) The Chief Justice may transfer a Judge of an Appellate or District Court
from one court to another on the recommendation of the Judicial Council.
(3) If the Judicial Council recommends that a Chief Judge or any other Judge
of an Appellate Court or any Judge of a District Courts be removed from his
office for reasons of incompetence, misbehaviour or failure to carry out the
duties of his office in good faith, or if it recommends that it is necessary
and expedient to initiate proceedings against such Judge in accordance with
law for reasons of misbehaviour, and if such recommendation is accepted by
His Majesty, such Chief Judge or Judge shall be so removed from his office
or proceedings will be initiated against him in accordance with law:
Provided that the Chief Judge or any other Judge who is facing such charge
shall be given a reasonable opportunity to defend himself before the said
recommendation is made and for this purpose, the Judicial Council shall
cause an investigation to be made by a Committee of Inquiry under the
Chairmanship of Judge of the Supreme Court for the purposes of recording the
statement of the Judge, collecting evidence and submitting its findings.
(4) A Chief Judge or a Judge of an Appellate Court, or a Judge of a District
Court may, by submitting to His Majesty his resignation in writing, resign
his office.
(5) A Chief Judge and other Judges of an Appellate or District Court shall
continue to hold office until the age of sixty-three.
(6) The remuneration, allowances, leave, pension, gratuities or other
privileges and other conditions of service of a Chief Judge and other Judges
of an Appellate or District Court shall be as determined by law.
(7) The remuneration, privileges and conditions of service of a Chief Judge
and other Judges of an Appellate Court or District Court shall not be
altered to their disadvantage.
92. Judges not to be Transferred to, or Engaged in, any other Assignment:
A Judge shall not be transferred to, or engaged in, or deputed to, any work
except that of a Judge.
Provided that His Majesty may, in consultation with the Judicial Council,
depute for a specified period a Judge of the Supreme Court or a Chief Judge
of any Appellate Court to work concerning judicial inquiry, to legal or
judicial investigation or research, or to any other work of national
concern. With regard to other Judges of the Appellate Courts and District
Courts, the Chief Justice may, in consultation with the Judicial Council,
depute them to the above works, including election works.
93. Judicial Council:
(1) There shall be a Judicial Council to make recommendations and give
advice in accordance with this Constitution concerning the appointment of,
transfer of, disciplinary action against, and dismissal of Judges, and other
matters relating to judicial administration, which shall consist of the
following as its Chairman and members: -
(a) the Chief Justice, ex-officio Chairman,
(b) the Minister of Justice, ex-officio member,
(c) the two seniormost Judges of the Supreme Court, ex-officio members; and
(d) one distinguished jurist to be nominated by His Majesty.
(2) Notwithstanding anything contained in clause (1) above, if it becomes
necessary for the Judicial Council to consider any matter relating to a
Judge who is a member of the Council or to make a recommendation to His
Majesty about such Judge, the Judge next in seniority shall take part as a
member.
(3) The term of office and privileges of the member referred to in
sub-clause (d) of clause (1) shall be as prescribed by His Majesty.
(4) The powers and duties of the Judicial Council other than those referred
to in clause (1) shall be as prescribed by law.
(5) The Judicial Council may frame rules to regulate its business. Such
rules shall become effective upon approval by His Majesty.
94. Judicial Service Commission:
(1) In appointing, transferring or promoting Gazetted Officers of the
Judicial Service or taking departmental action concerning such officer in
accordance with law, His Majesty's Government shall act on the
recommendationof the Judicial Service Commission.
Provided that His Majesty's Government shall consult the Public Service
Commission for the purpose of permanent recruitment to gazetted posts of the
Judicial Service from persons who are not already in the Government Service
or from persons being promoted from non-gazetted to gazetted posts within
the Judicial Service.
(2) The Judicial Service Commission shall consist of the following as its
Chairman and members: -
(a) the Chief Justice, ex-officio Chairman;
(b) the Minister of Justice, ex-officio member;
(c) the Seniormost Judge of the Supreme Court, ex-officio member;
(d) the Chairman of the Public Service Commission, ex-officio member; and
(e) the Attorney-General, ex-officio member.
(3) Other powers, duties and procedures of the Judicial Service Commission
shall be as determined by law.
95. Duty to Extend Cooperation:
It shall be the duty of His Majesty's Government and the offices and
officials subordinate to His Majesty's Government to act in aid of the
Supreme Court and other courts in carrying out the functions of dispensing
justice.
96. Orders and Decisions of the Courts to be Binding:
(1) All shall abide by the orders and decisions made in the course of
hearing of a suit by courts.
(2) Any interpretation given to a law or any legal principle laid down by
the Supreme Court in the course of hearing of a suit shall be binding on His
Majesty's Government and all offices and courts.
PART 12
COMMISSION FOR THE INVESTIGATION OF ABUSE OF AUTHORITY
97. Commission for the Investigation of Abuse of Authority:
(1) There shall be a commission to be called the Commission for the
Investigation of Abuse of Authority of the Kingdom of Nepal consisting of a
Chief Commissioner and such other Commissioners as may be required. If apart
from the Chief Commissioner other Commissioners are appointed, the Chief
Commissioner shall act as Chairman of the Commission for the Investigation
of Abuse of Authority.
(2) His Majesty shall, on the recommendation of the Constitutional Council,
appoint the Chief Commissioner and other Commissioners.
(3) The term of office of the Chief Commissioner and other Commissioners
shall be six years from the date of appointment. They shall be eligible for
reappointment:
Provided that: -
(a) if before the expiry of his term, the Chief Commissioner or a
Commissioner attains the age of sixty five, he shall retire.
(b) The Chief Commissioner or a Commissioner may be removed from his office
on the same grounds and in the same manner as has been set forth for the
removal of a Judge of the Supreme Court.
(4) The office of the Chief Commissioner or a Commissioner shall be deemed
vacant under the following circumstances:
(a) if he dies; or
(b) if his resignation submitted to His Majesty in writing is accepted by
Him; or
(c) if pursuant to clause (3) his term expires or he is removed from his
office.
(5) No person shall be eligible to be appointed as the Chief Commissioner or
a Commissioner unless he:
(a) holds a Bachelor's Degree from a university recognised by His Majesty's
Government;
(b) is not a member of any political party immediately before appointment;
(c) has at least ten years experience in the field of either law,
accounting, revenue, construction, development or research, and is a
distinguished person; and
(d) has attained the age of forty five.
(6) The remuneration and other conditions of service of the Chief
Commissioner and the Commissioners shall be as determined by law. The
remuneration and other conditions of service of the Chief Commissioner and
the Commissioners shall not, so long as they hold office, be altered to
their disadvantage.
(7) A person once appointed as the Chief Commissioner or Commissioner shall
not be eligible for appointment in other Government Service:
Provided that: -
(a) nothing in this clause shall be deemed to be a bar to appointment of a
Commissioner of the Commission for the Investigation of Abuse of Authority
as its Chief Commissioner, and when a Commissioner is so appointed as the
Chief Commissioner, his term of office shall be computed as to include his
term as Commissioner.
(b) nothing in this clause shall be a bar to appointment to any position of
a political nature, 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, opinions or
recommendations after carrying out studies or research on any subject.
98. Functions, Duties and Powers of the Commission for the Investigation of
Abuse of Authority.
(1) the Commission for the Investigation of Abuse of Authority may, in
accordance with law, conduct or cause to be conducted inquiries into, and
investigations of, improper conduct or corruption by a person holding any
public office:
Provided that the Commission for the Investigation of Abuse of Authority
shall not have jurisdiction over the following officials: -
(a) any official in relation to whom this Constitution itself separately
provides for such action; and
(b) any official to be prosecuted under the Army Act.
(2) If the Commission for the Investigation of Abuse of Authority finds,
upon inquiry or investigation carried-out pursuant to clause (1), that any
person holding any public office has misused his authority by improper
conduct, it may admonish such person, or forward a recommendation to the
concerned authority in writing for taking departmental or any other
necessary action.
(3) If the Commission for the Investigation of Abuse of Authority finds,
upon inquiry or investigation carried-out pursuant to clause (1), that a
person holding any public office has committed an act which is defined by
law as corrupt, it may bring or cause to be brought an action against such
person or any other person involved therein in a court with jurisdiction in
accordance with law.
(4) Subject to this Constitution, other functions, duties, powers and
procedures of the Commission for the Investigation of Abuse of Authority
shall be as determined by law.
(5) The Commission for the Investigation of Abuse of Authority may delegate
any of its powers, functions and duties relating to the inquiry,
investigation or bringing actions, to the Chief Commissioner, a Commissioner
or any employee of His Majesty's Government to be exercised and complied
with subject to the specified conditions.
(6) The Commission for the Investigation of Abuse of Authority shall submit
an annual report to His Majesty on the works it has performed in accordance
with this Constitution. His Majesty shall cause such report to be laid
before Parliament.
PART 13
AUDITOR-GENERAL
99. Auditor-General:
(1) There shall be an Auditor-General of the Kingdom of Nepal who shall be
appointed by His Majesty on the recommendation of the Constitutional
Council.
(2) The term of office of the Auditor-General shall be six years from the
date of appointment. He shall be eligible for reappointment:
Provided that: -
(a) if before the expiry of his term, the Auditor-General attains the age of
sixty five, he shall retire.
(b) he may be removed from his office on the same grounds and in the same
manner as has been set forth for the removal of a Judge of the Supreme
Court.
(3) The office of the Auditor-General shall be deemed vacant in the
following circumstances:
(a) if he dies; or
(b) if his resignation submitted to His Majesty in writing is accepted by
Him; or
(c) if pursuant to clause (2) his term expires or he is removed from his
office.
(4) No person shall be eligible to be appointed as the Auditor-General
unless he: -
(a) holds a Bachelor's Degree from a university recognized by His Majesty's
Government;
(b) has worked for at least five years as a special class officer of His
Majesty's government or has-experience in the field of accounting of not
less than fifteen years;
(c) is not a member of any political party immediately before appointment;
and
(d) has attained the age of forty five.
(5) The remuneration and other conditions of service of the Auditor-General
shall be as determined by law. The remuneration and other conditions of
service of the Auditor-General shall not, so long as he holds office, be
altered to his disadvantage.
(6) A person once appointed to the office of the Auditor-General shall not
be eligible for appointment in other Government Service:
Provided that nothing in this Clause shall be a bar to appointment to any
position of a political nature, or to any position which has the
responsibility of making investigations, inquiries or to any position which
has the responsibility of submitting advice, opinions or recommendations
after carrying out studies or research on any subject.
100. Functions, Duties and Powers of the Auditor-General:
(1) The accounts of the Supreme Court, the Parliament, the Raj Parishad, the
Commission for the Investigation of Abuse of Authority, the Office of the
Auditor-General, the Public Service Commission, the Election Commission,
other offices of the Constitutional Bodies, the Royal Nepal Army and the
Nepal Police, and all other government offices and courts shall be audited
by the Auditor-General in the manner as determined by law, with due
consideration given to the regularity, economy, efficiency, effectiveness
and the propriety thereof.
(2) The Auditor-General shall be consulted in the matter of appointment of
auditors for carrying out the audit of any corporate body of which His
Majesty's Government owns more than fifty percent of the shares or the
assets. The Auditor-General may also issue necessary directives setting
forth the principles for carrying out the audit of such corporate bodies.
(3) The Auditor-General and his assistants shall, at all times, have access
to documents concerning the accounts for the purpose of carrying out the
functions stipulated in clause (1) above. It shall be the duty of the
concerned office to provide all such documents or information which may be
demanded by the Auditor-General or his assistants.
(4) The accounts to be audited pursuant to clause (1) above shall, subject
to the relevant law, be maintained in such form as prescribed by the
Auditor-General.
(5) In addition to the accounts of the offices referred to in clause (1)
above, the law may also require that the accounts of any other office or
institution be audited by the Auditor-General.
(6) The Auditor-General shall submit an annual report to His Majesty on the
works he has performed. His Majesty shall cause such report to be laid
before Parliament.
PART 14
PUBLIC SERVICE COMMISSION
101. Public Service Commission:
(1) There shall be a Public Service Commission of the Kingdom of Nepal
consisting of a Chairman and such number of other members as may be
required.
(2) His Majesty shall, on the recommendation of the Constitutional Council,
appoint the Chairman and other members of the Public Service Commission.
(3) At least fifty percent of the total number of the members of the Public
Service Commission shall be appointed from persons who have worked for ten
or more than ten years in any government office, and the rest of the members
shall be appointed from persons, who have done research, investigation,
teaching or any other significant work in such as like science, art,
literature, law or any other sphere of national life and who hold a high
reputation.
(4) The term of office of the Chairman and the members of the Public Service
Commission shall be six years from the date of appointment. They shall be
eligible for reappointment:
Provided that: -
(a) if before the expiry of his term, the Chairman or a member of the Public
Service Commission attains the age of sixty five, he shall retire.
(b) the Chairman and the members of the Public Service Commission may be
removed from their offices on the same grounds and in the same manner as has
been set forth for removal of a Judge of the Supreme Court.
(5) The office of the Chairman or a member of the Public Service Commission
shall be deemed vacant in the following circumstances: -
(a) if he dies; or
(b) if his resignation submitted to His Majesty in writing is accepted by
Him; or
(c) if pursuant to clause (4) his term expires or he is removed from his
office.
(6) No person shall be eligible to be appointed as the Chairman or a member
of the Public Service Commission unless he:
(a) holds a Post Graduate Degree from a university recognised by His
Majesty's Government;
(b) is not a member of any political party immediately before appointment;
and
(c) has attained the age of forty five.
(7) The remuneration and other conditions of service of the Chairman and the
members of the Public Service Commission shall be as determined by law. The
remuneration and other conditions of service of the Chairman and the members
of the Public Service Commission shall not, so long as they hold office, be
altered to their disadvantage.
(8) Any person once appointed to the office of the Chairman or a member of
the Public Service Commission shall not be eligible for appointment in other
Government Service:
Provided that: -
(a) nothing in this clause shall be a bar to appointment of a member of the
Public Service Commission as Chairman thereof, and when a member is so
appointed as the Chairman, his term of office shall be computed as to
include his term as member; and
(b) nothing in this clause shall be a bar to appointment to any position of
a political nature, or to any position which has the responsibility of
submitting advice, opinions or recommendations after carrying out studies or
research on any subject.
102. 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
Civil Service posts.
Explanation: For the purposes of this Article, all services and positions in
His Majesty's Government shall be deemed included within the Civil Service,
except Army Officers and Soldiers, the service and positions of Police
Personnel, and such other services and positions as are excluded from the
Civil Service or positions [sic] by any law.
(2) Permanent appointment to any position in the Civil Service which carries
the benefit of pension shall not be made except in consultation with the
Public Service Commission.
(3) The Public Service Commission shall be consulted on the following
subjects: -
(a) matters concerning the law relating to the conditions of service of the
Civil Service;
(b) the general principles to be followed in the course of appointment to,
promotion to, and departmental action concerning the Civil Service or
positions;
(c) matters concerning the suitability of any candidate for appointment to a
Civil Service position for a period of more than six months;
(d) matters concerning the suitability of any candidate for transfer or
promotion from one service to another within the Civil Service or from any
other Government Service to the Civil Service;
(e) matters concerning the permanent transfer or promotion of any employee,
working in any position of an organisation which is not required to consult
with the Public Service Commission on matters of appointment, to any
position for which consultation with the Public Service Commission is
required; and
(f) matters relating to departmental actions proposed against any Civil
Servant.
(4) Notwithstanding anything contained in clause (3), matters falling within
the purview of the Judicial Service Commission pursuant to Article 94 of
this Constitution shall be governed by that Article.
(5) The Public Service Commission may delegate any of its functions, duties
and powers to any of its members, a committee of such members or any
employee of His Majesty's Government, to be exercised and complied with
subject to the specified conditions.
(6) Subject to this Constitution, other functions, duties and working
procedures of the Public Service Commission shall be as regulated by law.
(7) Each year, the Public Service Commission shall submit to His Majesty an
annual report on the works it has performed. His Majesty shall cause such
report to be laid before Parliament.
PART 15
ELECTION COMMISSION
103. Election Commission:
(1) There shall be an Election Commission of the Kingdom of Nepal consisting
of a Chief Election Commissioner and such number of other Commissioners as
may be required. If apart from the Chief Election Commissioner other
Election Commissioners are appointed, the Chief Election Commissioner shall
act as the Chairman of the Election Commission.
(2) His Majesty shall, on the recommendation of the Constitutional Council,
appoint the Chief Election Commissioner and other Election Commissioners.
(3) The term of office of the Chief Election Commissioner and other Election
commissioners shall be six years from the date of appointment. They shall be
eligible for reappointment:
Provided that: -
(a) if before the expiry of his term, the Chief Election Commissioner or an
Election Commissioner attains the age of sixty five, he shall retire.
(b) The Chief Election Commissioner and other Election Commissioners may be
removed from their offices on the same grounds and in the same manner as has
been set forth for removal of a Judge of the Supreme Court.
(4) The office of the Chief Election Commissioner or an Election
Commissioner shall be deemed vacant in the following circumstances: -
(a) if he dies; or
(b) if his resignation submitted to His Majesty in writing is accepted by
Him; or
(c) if pursuant to clause (3) his term expires or he is removed from his
office.
(5) No person shall be eligible to be appointed as the Chief Election
Commissioner or an Election Commissioner unless he:
(a) holds a Bachelor's Degree from a university recognised by His Majesty's
Government;
(b) is not a member of any political party immediately before appointment;
and
(c) has attained the age of forty five.
(6) The remuneration and other conditions of service of the Chief Election
Commissioner and the Election Commissioners shall be as determined by law.
The remuneration and other conditions of service of the Chief Election
Commissioner and the Election Commissioners shall not, so long as they hold
office, be altered to their disadvantage.
(7) A person once appointed to the office of the Chief Election Commissioner
or an Election Commissioner shall not be eligible for appointment in other
Government Service:
Provided that: -
(a) nothing in this clause shall be a bar to appointment of an Election
Commissioner as Chief Commissioner, and when a Commissioner is so appointed
as the Chief Commissioner, his term of office shall be computed as to
include his term as Commissioner.
(b) nothing in this clause shall be a bar to appointment to any position of
a political nature, 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, opinions or
recommendations after carrying out studies or research on any subject.
104. Functions, Duties and Powers of the Election Commission:
(1) The Election Commission shall, subject to the provisions of this
Constitution and other laws, conduct, supervise, direct and control the
elections to Parliament and Local Authorities at the village, town and
district levels. For these purposes, the Election Commission shall prepare
the electoral rolls of voters.
(2) If, after nominations for election to Parliament have been filed but
before the election is completed, a question arises whether a candidate is
disqualified or has ceased to possess the qualifications set forth in
Article 47, final decision thereon shall be made by the Election Commission.
(3) The Election Commission may delegate any of its functions, duties and
powers to the Chief Election Commissioner, a Commissioner or any employee of
His Majesty's Government to be exercised and complied with subject to the
specified conditions.
(4) Subject to this Constitution, other functions, duties and working
procedures of the Election Commission shall be as regulated by law.
105. Election Constituency Delimitation Commission:
(1) His Majesty shall, on the recommendation of the Constitutional Council,
constitute an Election Constituency Delimitation Commission. The tenure of
the Commission shall be as specified by His Majesty.
(2) After determining the number of seats in the House of Representatives
for each district pursuant to Article 45, The Election Constituency
Delimitation Commission shall delimitate the constituencies in districts
having more than one seat; and in so delimitating the constituencies, the
Commission shall give due consideration to the boundaries, the geographical
conditions, the density of population, the transportation facilities, and
the communal homogeneity or heterogeneity of the local residents in the
administrative districts.
(3) No question shall be raised in any court on matters of allocation of
seats to a district and the delimitation of constituencies made by the
Election Constituency Delimitation Commission pursuant to clause (2).
(4) The remuneration and privileges of the Chairman and the members of the
Election Constituency Delimitation Commission shall be similar to those of
the Chief Election Commissioner and the Election Commissioners respectively.
(5) Subject to this Constitution, other functions, duties and working
procedures of the Election Constituency Delimitation Commission shall be as
regulated by law.
106. Election Court:
Petitions concerning elections shall be entertained by a court prescribed by
law.
107. Restriction on Court Interference in Matters Relating to Elections:
Notwithstanding anything contained in other Articles of this Constitution,
unless a petition is filed in the manner prescribed by law in the court
prescribed under Article 106, no question shall be raised in any court
regarding any election to the membership of Parliament.
108. His Majesty's Government to Provide Necessary Employees to the Election
Commission:
His Majesty's Government shall provide such necessary employees and other
things as may be required to carry out the functions of the Election
Commission in accordance with this Constitution.
PART 16
ATTORNEY-GENERAL
109. Appointment of Attorney-General:
(1) There shall be an Attorney-General of the Kingdom of Nepal to be
appointed by His Majesty on the recommendation of the Prime Minister. The
Attorney-General shall hold office during the pleasure of His Majesty.
(2) No person shall be eligible to appointment [sic] as Attorney-General
unless he is qualified to be appointed as a Judge of the Supreme Court.
(3) The office of the Attorney-General shall be deemed vacant under the
following circumstances:
(a) if he dies; or
(b) if his resignation submitted to His Majesty in writing is accepted by
Him; or
(c) if he is relieved of his office by His Majesty on the recommendation of
the Prime Minister.
(4) The remuneration and other conditions of service of the Attorney-General
shall be as determined by law.
110. Functions, Duties and Powers of the Attorney-General:
(1) The Attorney-General shall be the Chief Legal Advisor to His Majesty's
Government. It shall be the duty of the Attorney-General to give opinions
and advice on constitutional and legal matters to His Majesty's Government
and such other authorities as His Majesty's Government may specify.
(2) The Attorney-General or officers subordinate to him shall represent His
Majesty's Government in suits wherein the rights, interests or concerns of
His Majesty's Government are involved. The Attorney-General shall have the
right to make the final decision as to whether or not to initiate
proceedings in any case on behalf of His Majesty's Government in any court
or judicial authority.
(3) In addition to the functions, duties and powers referred to in clauses
(1) and (2), other functions, duties and powers of the Attorney-General
shall be as specified in this Constitution or other laws.
(4) In the course of discharging his official duties, the Attorney-General
shall have the right to appear in any court, office or authority of the
Kingdom of Nepal.
(5) The Attorney-General may delegate his functions, duties and powers under
this Article to his subordinates, to be exercised and complied with subject
to the specified conditions.
(6) Each year, the Attorney-General shall submit an annual report to His
Majesty's Government on the works performed by him in accordance with this
Constitution and other laws, including a statement about crimes committed in
the Kingdom of Nepal and His Majesty's Government shall cause the report to
be laid before Parliament.
111. Right to Appear in Parliament:
The Attorney-General shall have the right to appear and express his opinion
on any legal question in either House, any of their committees or the Joint
Session of Parliament:
Provided that he shall not have the right to vote.
PART 17
POLITICAL ORGANISATIONS
112. Prohibition on the Imposition of Restrictions on Political
Organisations or Parties:
(1) Persons who are committed to common political objectives and programmes
shall, subject to laws made under proviso (3) of clause (2) of Article 12 of
this Constitution, be entitled to form and operate political organisations
or parties of their choice and to generate or cause to be generated
publicity in order to secure support and cooperation from the general public
for their objectives and programmes, and to carry out any other activity for
this purpose. Any law, arrangement or decision which restricts any of such
activities shall be inconsistent with this Constitution and shall be void.
(2) Any law, arrangement or decision which allows for participation or
involvement of only a single political organisation or party or persons
having a single political ideology in the elections or in the political
system of the country shall be inconsistent with this Constitution and shall
be void.
(3) The Election Commission shall withhold recognition from any political
organisation or any party formed either with the objectives mentioned in
clause (2) above or on the basis of religion, community, caste, tribe or
region.
113. Registration Required for Securing Recognition for the purpose of
Contesting Elections as a Political Organisation or Party:
(1) Any political organisation or party wishing to secure recognition from
the Election Commission for the purposes of elections, shall be required to
register its name with the office of the Election Commission in accordance
with the procedure as determined by the Commission. A petition so submitted
for registration shall contain clear information about the name of the
concerned political organisation or party, the names and addresses of the
members of its executive committee or any such other committee and such
petition shall be accompanied by the rules and manifesto of the organisation
or the party.
(2) Political organisations and parties shall be required to fulfill, in
addition to the matters contained in this Part, the following conditions in
order to qualify for registration pursuant to clause (1) above:
(a) the constitution and rules of the political organisation or party must
be democratic;
(b) the constitution or the rules of the organisation or party must provide
for election of office bearers of the organisation or party at least once
every five years;
(c) must have complied with the provisions of Article 114; and
(d) must have secured a minimum of three percent of the total votes cast in
the election to the House of Representatives:
Provided that the terms and conditions mentioned in this sub-clause shall
not apply to the contesting of the first election to the House of
Representatives held pursuant to this Constitution.
Explanation: If any candidate belonging to a party which has secured less
than three percent of the total votes cast is elected to the House of
Representatives, such person shall be deemed to be an independent not
belonging to an organisation or party.
(3) The Election Commission shall not register any political organisation or
party if any Nepali citizen of is discriminated against in becoming a member
on the basis of religion, caste, tribe, language or sex or if the name,
objectives, insignia or flag is of such a nature that it is religious or
communal or tends to fragment the country.
114. Woman Candidates:
For the purposes of elections to the House of Representatives, at least five
percent of the total number of candidates contesting an election from any
organization or party must be women candidates.
PART 18
EMERGENCY POWER
115. Emergency Power:
(1) If a grave crisis arises in regard to the sovereignty or integrity of
the Kingdom of Nepal or the security of any part thereof, whether by war,
external aggression, armed rebellion or extreme economic disarray, His
Majesty may, by Proclamation, declare or order a State of Emergency in
respect of the whole of the Kingdom of Nepal or of any specified part
thereof.
(2) Every Proclamation or Order issued under clause (1) above shall be laid
before a meeting of the House of Representatives for approval within three
months from the date of issuance.
(3) If a Proclamation or Order laid for approval pursuant to clause (2) is
approved by a two-thirds majority of the House of Representatives present at
that meeting, such Proclamation or Order shall continue in force for a
period of six months from the date of issuance.
(4) If a Proclamation or Order laid for approval pursuant to clause (2) is
not approved pursuant to clause (3), such Proclamation or Order shall be
deemed ipso facto to cease to operate.
(5) Before the expiration of the period referred to in clause (3), if a
meeting of the House of Representatives, by a majority of two-thirds of the
members present, passes a resolution to the effect that circumstances
referred to in clause (1) above continue to exist, it may extend the period
of the Proclamation or Order of the State of Emergency for one other period,
not exceeding six months as specified in such resolution, and the Speaker
shall inform His Majesty of such extension.
(6) During a dissolution of the House of Representatives, the National
Assembly shall exercise the powers of the House of Representatives for the
purposes of clauses (2), (3), (4) and (5) above.
(7) After the State of Emergency has been declared pursuant to clause (1),
His Majesty may issue such Orders as are necessary to meet the exigencies.
Orders so issued shall be operative with the same force and effect as law so
long as the State of Emergency is in operation.
(8) His Majesty may, at the time of making a Proclamation or Order of a
State of Emergency pursuant to clause (1), suspend sub-clauses (a), (b), (d)
and (e) of clause (2) of Article 12, clause (1) of Article 13 and Articles
15, 16, 17, 22 and 23 of this Constitution for as long as the Proclamation
is in operation:
Provided that the right to the remedy of habeas corpus under Article 23
shall not be suspended.
(9) In circumstances where His Majesty has suspended any Article of this
Constitution pursuant to clause (8), no petition may lie, nor question be
raised in any court for the enforcement of the fundamental right conferred
by such Article.
(10) If, during the continuance of a Proclamation or Order under clause (1),
any damage is inflicted upon any person by an act of any official which was
done in contravention of law or in bad faith, the affected person may,
within three months from the date of termination of the Proclamation or
Order, file a petition for compensation for the said damage and if the court
finds the claim valid, it shall cause compensation to be delivered.
(11) A Proclamation or Order of a State of Emergency issued pursuant to
clause (1) may be revoked by His Majesty at any time during its continuance.
PART 19
AMENDMENT OF THE CONSTITUTION
116. Amendment of the Constitution:
(1) A bill to amend or repeal any Article of this Constitution, without
prejudicing the spirit of the Preamble of this Constitution, may be
introduced in either House of Parliament:
Provided that this Article shall not be subject to amendment.
(2) If each House, with a two-thirds majority of its total membership
attending, passes a Bill introduced pursuant to clause (1) by a majority of
at least two-thirds of the members present, the Bill shall be submitted to
His Majesty for assent; and His Majesty may, within thirty days from the
date of submission, either grant assent to such Bill or send the Bill back
for reconsideration with His message to the House where the Bill originated.
(3) A Bill sent back by His Majesty pursuant to clause (2) above shall be
reconsidered by both Houses of Parliament; and if both the Houses, upon
following the procedures referred to in clause (2), resubmit the Bill in its
original an amended form to His Majesty for assent, His Majesty shall grant
assent to such Bill within thirty days of such submission.
PART 20
MISCELLANEOUS
117. Constitutional Council:
(1) There shall be a Constitutional Council, for making recommendations in
accordance with this Constitution for appointment of officials to
Constitutional Bodies, which shall consist of the following as Chairman and
members:
(a) the Prime Minister Chairman;
(b) the Chief Justice Member;
(c) the Speaker of the House of Representatives Member;
(d) the Chairman of the National Assembly Member; and
(e) the Leader of the Opposition
in the House of Representatives Member.
(2) For the purpose of recommendation of an appointment of the Chief
Justice, the Constitutional Council shall include among its members the
Minister of Justice and a Judge of the Supreme Court.
(3) The functions, duties and powers of the Constitutional Council shall be
as determined by this Constitution and other laws.
(4) The Constitutional Council constituted pursuant to clause (1) shall have
the power to regulate its working procedures on its own.
118. Provisions Regarding the Royal Nepal Army:
(1) There shall be a National Defence Council of Nepal consisting of the
following as Chairman and members: -
(a) the Prime Minister Chairman;
(b) the Defence Minister Member, and
(c) the Commander-in-Chief Member.
(2) His Majesty shall operate and use the Royal Nepal Army on the
recommendation of the National Defence Council.
(3) The establishment and management of the Royal Nepal Army, and other
matters relating thereto, shall be as determined by law.
(4) The National Defence Council shall have the power to regulate its
working procedures on its own.
119. Supreme Command of the Royal Nepal Army and Appointment of the
Commander-in-Chief:
(1) His Majesty is the Supreme Commander of the Royal Nepal Army.
(2) His Majesty shall appoint the Commander-in-Chief of the Royal Nepal Army
on the recommendation of the Prime Minister.
120. Royal Nepalese Ambassadors and Emissaries:
(1) His Majesty shall appoint the Royal Nepalese Ambassadors.
(2) His Majesty may designate a Royal Representative for representing Him on
special occasion, and may appoint a Special Emissary for a specified
purpose.
121. Provisions Regarding Employees of the Royal Palace:
Matters relating to the conditions of service of the employees of the Royal
Palace including those of appointment, dismissal, salary, allowances, leave
and pension shall be as determined by rules made by His Majesty at his
discretion.
122. Pardons:
His Majesty shall have the power to grant pardons and to suspend, commute or
remit any sentence passed by any court, special court, military court or by
any other judicial, quasi-judicial or administrative authority or
institution.
123. Titles, Honours and Decorations:
(1) The titles, honours or decorations to be conferred on behalf of the
state shall be conferred by His Majesty.
(2) No citizen of Nepal shall, without the approval of His Majesty, accept
any title, honour or decoration from the government of any country.
124. Constitution of the Civil Service:
His Majesty's Government may, in order to run the administration of the
country, constitute services as may be required. The constitution, operation
and conditions of service thereof shall be as determined by an Act.
125. Provisions Regarding Citizenship of Officials of the Constitutional
Bodies:
In order to be eligible for appointment to constitutional positions under
this Constitution, a person must either be a citizen of Nepal by birth or
descent, or be a person who, as a naturalised citizen, has resided in Nepal
for at least ten years.
126. Ratification of, Accession to, Acceptance of or Approval of Treaty or
Agreements:
(1) The ratification of, accession to, acceptance of or approval of treaties
or agreements to which the Kingdom of Nepal or His Majesty's Government is
to become a party shall be as determined by law.
(2) The laws 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 be done by a majority of
two-thirds of the members present at a joint sitting of both Houses of
Parliament: -
(a) peace and friendship;
(b) defence and strategic alliance;
(c) boundaries of the Kingdom of Nepal; and
(d) natural resources, and the distribution of their uses.
Provided that out of the treaties and agreements referred to in 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 approval of such treaty or
agreement may be done at a meeting of the House of Representatives by a
simple majority of the members present.
(3) After the commencement of this Constitution, unless a treaty or
agreement is ratified, acceded to, accepted or approved in accordance with
this Article, it shall not be binding on His Majesty's Government or the
Kingdom of Nepal.
(4) Notwithstanding anything contained in clauses (1) and (2), no treaty or
agreement shall be concluded in [sic] detrimental to the territorial
integrity of the Kingdom of Nepal.
127. Power to Remove Difficulties:
If any difficulty arises in connection with the implementation of this
Constitution, His Majesty may issue necessary Orders to remove such
difficulty and such Orders shall be laid before Parliament.
PART 21
TRANSITIONAL PROVISIONS
128. Provisions Regarding The Council of Ministers:
(1) The Council of Ministers existing at the commencement of this
Constitution shall be deemed to have been constituted under this
Constitution.
(2) If, for any reason the Council of Ministers referred to in clause (1) is
dissolved, His Majesty shall constitute a new Council of Ministers
consisting of representatives from the main political parties.
(3) A Council of Ministers constituted under clause (2) above shall consist
of a Prime Minister and, on his recommendation, other Ministers, State
Ministers and Assistant Ministers as may be required.
129. Making of Laws until the First Session of Parliament:
After the commencement of this Constitution, His Majesty shall have the
power to enact laws as required on the recommendation and advice, and with
the consent of the Council of Ministers until the commencement of the first
session of Parliament.
130. Provisions Regarding Constitutional Bodies and Officials thereof
Appointed Pursuant to the Constitution of Nepal (1962):
(1) The Constitutional Bodies and officials thereof subsisting at the
commencement of this Constitution, but which are not reestablished under
this Constitution, shall cease to subsist after the commencement of this
Constitution; and the officials working in the Constitutional Bodies which
continue to subsist in accordance with this Constitution shall stand
relieved of their offices if not reappointed within nine months of the
commencement of this Constitution:
Provided that His Majesty may, if necessary, relieve any constitutional
official before the expiry of the said period.
(2) The Council of Ministers shall exercise the functions, duties and powers
of the Constitutional Council until the commencement of the first session of
Parliament after the elections held in accordance with this Constitution.
(3) Pending the making of arrangements as to the Appellate Courts pursuant
to Article 89, the Zonal Courts and Regional Courts constituted under the
Judicial Administration Reforms Act, 1975 shall remain in operation as they
were, and the Judges working in those courts shall continue to hold their
positions.
(4) The District Courts existing at the commencement of this Constitution
shall, until otherwise provided by law, continue to subsist, and the Judges
working in those Courts shall continue to hold their positions until a
different arrangement is made.
(5) Petitions and complaints pending in the Prevention of Abuse of Authority
Commission shall be transferred to the Commission for the Investigation of
Abuse of Authority.
(6) Cases which are pending in the Prevention of Abuse of Authority
Commission shall be transferred to the Central Regional Court existing under
clause (3), and the Regional Court shall decide those cases in accordance
with the existing law.
(7) Appeals, and petitions relating thereto pending in the Prevention of
Abuse of Authority Appellate Court shall be transferred to the Supreme Court
and the Supreme Court shall decide those appeals and petitions in accordance
with the existing law.
(8) Petitions registered with the Judicial Committee in accordance with law
and pending therein shall be transferred to the Supreme Court after the
commencement of the Constitution, and if the Supreme Court deem appropriate,
it shall, in exercising its power of review, decide those petitions.
131. Existing Laws to Remain in Operation:
All laws in force at the commencement of this Constitution shall remain in
operation until repealed or amended:
Provided that laws inconsistent with this Constitution shall, to the extent
of inconsistency, ipso-facto cease to operate one year after the
commencement of this Constitution.
PART 22
DEFINITIONS AND INTERPRETATION
132. Definitions and Interpretation:
(1) Unless the subject or context otherwise requires, in this
Constitution: -
(a) "Article" means an Article of this Constitution;
(b) "Nepal" means the Kingdom of Nepal;
(c) "Citizen" means a citizen of Nepal;
(d) "Bill" means a draft of an Act which has been introduced in Parliament;
(e) "Petition" means a document bearing the signature of the petitioner;
(f) "Remuneration" means and includes salary, allowances, pension and any
other forms of emoluments.
(2) Unless the subject or context otherwise requires, the Nepal Law
Interpretation Act, 1953 shall, subject to the provisions of this
Constitution, apply to the interpretation of this Constitution in the same
manner as that law applies to the interpretation of the laws of Nepal.
PART 23
SHORT TITLE AND COMMENCEMENT
133. Short Title and Commencement:
(1) This Constitution may be called "The Constitution of The Kingdom of
Nepal, 2047 (1990)."
(2) This Constitution shall come into force on Friday the twenty-third day
of the month of Kartik of the year 2047 Bikram Sambat (November 9, 1990).
SCHEDULE 1
(Relating to Article 5)
NATIONAL FLAG
(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 BD.
(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 AB.
(5) Join CG.
(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 JG.
(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 portion 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 respectively.
(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 [sic] 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.
(C) Method of making the Sun
(19) Bisect line AF at U and draw a line UV parallel to line AB 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 sides of the flag. However,
on the five angles of the flag the external angles will 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.
SCHEDULE 2
(Relating to Clause (1) of Article 7)
[NATIONAL ANTHEM]
SHRIMAN GAMBHIRA NEPALI PRACHANDA PRATAPI BHUPATI
SHREE PANCH SARKAR MAHARAJADHIRAJAKO SADA RAHOS UNNATI
RAKHUN CHIRAYU EESHALE. PRAJA FAILIYOS PUKARAUN JAYA PREMALE
HAMI NEPALI SARALE.
BAIRI SARA HARAUN SHANT HOUN SABAI BIGHNA VYATHA.
GAUN SARA DUNIYALE SAHARSHA NATHKO SUKIRTI-KATHA
RAKHAUN SHASANA, BHARI BEERTALE, NEPAL MATHI SANDHAI NATHKO
SHRI HOS THULO HAMI NEPALIKO
SCHEDULE 3
(Relating to clause (3) of Article 7)
THE COAT-OF-ARMS OF NEPAL
