THE MODEL CONSTITUTION OF THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL, 2009
Publisher National Coalition Against Racial Discrimination (NCARD)
Kathmandu, Anamnagar
THE MODEL CONSTITUTION OF THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL, 2009
First issue: 10,000 copies
Edition: 2009
All rights reserved: Publisher National Coalition Against Racial Discrimination
How the Model Constitution has been prepared
The present Model Constitution is an exercise of the framing of a constitution for the Federal Democratic Republic of Nepal. It has no legal status, and yet the process through which it has been prepared as a model constitution does have political status and importance in many respects. With this very edifice and faith, this material has been published so that it would reach all.
In substance, the representatives who participated as members in the model constituent assembly organized in Kharipati of Bhaktapur from Baishalh 28 to Jestha 10, 2065 deserve the entire credit for this.
A total of 96 members consisting of 85 selected from 50 districts of the country and 11 nominated by the organizer association, who represented the marginalized, backward and oppressed communities, participated as members in the model constituent assembly. Sixty one belonging to various 24 indigenous communities, 9 hilly Dalits, 8 Madhesi Dalits, 7 Chhetri, 6 Muslims, 4 Brahmins and 1 Madhesi Yadav, 4 disabled/ eye-sight lost persons and 2 sexual minorities took part. The total of 96 comprised 54 men, 40 women and 2 sexual minorities. A total of 100 representatives were expected to participate. But 4 were absent.
For the selection of these representatives to participate in the model constituent assembly and collection on regional basis of public opinions on the framing of constitution, consultation gatherings were held in Dharan, Gaighat, Janakpur, Birgunj, Hetauda, Laitpur, Pokhara, Butwal, Pyuthan, Nepalgunj and Jumla.These gatherings adopted the selection procedure based on democratic system, with ensuring proportional representation of those communities.
The two-week long model constituent assembly was conducted with the technical assistance and on the advice of national and international constitutional experts and, in accordance with generally recognized procedures and modalities. In view of the fact that the real constituent assembly is scheduled to frame a new constitution of Nepal within a minimum of two years, the framing of an almost complete draft of a constitution within a period of 14 days only was a highly challenging task. However, each and every portion of this constitution prepared by the participants who had participated as members of the model constituent assembly upon realizing themselves to be fully sovereign reflects aspirations and wishes of different communities from various parts of the country. For this very reason, this instrument does have a historical importance. Thus, it would serve as a reference material for the real constituent assembly.
On the other hand, the matters suggested by this instrument do not represent authoritative views of the National Coalition Against Racial Discrimination. This Coalition has accomplished the mere task of compiling together the concepts reflected as common concepts forged by the representatives of various tribes, languages, religions, cultures, regions and communities of the country, who have assembled together. Despite this, we are confident that this Model Constitution is the people’s opinion. Irrespective of any agreement or disagreement with its various aspects, it will serve as a foundation for the framing of the real constitution. It will also serve an important complementary role in the campaign of framing a new constitution.
Dr. Sumitra Manandhar Gurung
Chairperson
National Coalition Against Racial Discrimination
THE MODEL CONSTITUTION OF THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL, 2009
Table of Contents
Preamble 10
Part 1
Preliminary 12
Part 2
Citizenship 13
Part 3
Fundamental Rights 16
Part 4
Obligations, Directive Principles and Policies of State 28
Part 5
Federal Executive 38
Part 6
Federal Legislature 44
Part 7
Federal Legislative Procedure 58
Part 8
Federal Financial Procedure 64
Part 9
Federal Judiciary 69
Part 10
Provincial Executive 78
Part 11
Provincial Legislature 84
Part 12
Provincial Legislative Procedure 97
Part 13
Provincial Financial Procedure 104
Part 14
Provincial Judiciary 109
Part 15
Local Bodies 121
Part 16
Special Autonomous Regions and Self-governing Territories 122
Part 17
Provisions Relating to Languages 124
Part 18
Commission for the Investigation of Abuse of Authority 128
Part 19
Auditor General 133
Part 20
Public Service Commission 137
Part 21
Election Commission 143
Part 22
Human Rights Commission 147
Part 23
Attorney General 152
Part 24
Other Commissions 157
Part 25
Political Parties 179
Part 26
Emergency Power 182
Part 27
Provisions Relating to Army 185
Part 28
Amendment to Constitution 187
Part 29
Miscellaneous 188
Part 30
Transitional Provisions 196
Part 31
Definitions 199
Schedule-1
Allocation of Powers between the Union
and Provincial Governments 200
Schedule-2
Provinces, Special Autonomous Regions,
and Self-governing Territories 204
Schedule-3
Scheduled Indigenous/Peoples 206
Schedule-4
Scheduled Dalit Tribes 209
Schedule-5
National Anthem 210
Schedule-6
Name-list of Model Assembly Members 212
Schedule-7
Constitution Drafting Committee 213
Schedule-8
Business Management Consultative Committee 220
Schedule-9
Rules of Procedures Formulation Committee 221
Schedule-10
Various Thematic Committees 221
Schedule-11
Model Constituent Assembly Consultative Committee 227
Schedule-12
Secretariat Committee 228
THE MODEL CONSTITUTION OF THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL, 2009
Preamble
We, the Assembly Members of the Model Constituent Assembly, who have gathered from various eleven constituencies (centres) of the country for a model constitution,
Pledging to abolish the problems and discrimination relating to ethnicity, language, culture, religion, class, region and gender, which are existing in the country, by making a constitution by us for ourselves through the people's representatives;
Ensuring the full proportional representation of the peoples and communities who are excluded by the unitary system of governance;
Expressing the full commitment to values and norms including the competitive multi-party federal democratic system of governance, fundamental rights, civil liberties, concepts of independent judiciary and the rule of law, human rights, adult franchise and complete freedom of the press;
Resolving to have economic, social and cultural development of the country through the federal structure of governance based on the principle of the right to self determination and autonomy;
Upholding the sovereignty, integrity, independence and prestige of the country; and
Resolving to institutionalize, through the federal structure, the achievements made through the revolutions and movements till now;
Have, through continuing discussions and exercises between us, the Assembly Members, hereby framed and issued the Constitution of the Federal Democratic Republic of Nepal, 2009.
PART 1
Preliminary
1. Constitution as the Fundamental Law:
(1) This Constitution is the fundamental law of Nepal. Any laws inconsistent with it shall, to the extent of such inconsistency, be void.
(2) It shall be the duty of all organs and officials of the State of Nepal and all other citizens of Nepal and persons to uphold this Constitution.
2. Sovereignty and State Authority:
The sovereignty and the state authority of Nepal shall be vested in the Nepalese people.
3. Nation:
Being united in diversity by a bond of allegiance to collective federal structure, coexistence, tolerance, harmony, independence, integrity, national interest and prosperity of, the following autonomous provinces along with the special autonomous and self-governing territories formed on the basis of various ethnicities, languages, cultures and regions, all the Nepalese people collectively constitute the nation.
Limbuwan Autonomous Province;
Khambuwan Autonomous Province;
Tamangsaling Autonomous Province;
Nepalmandal Autonomous Province;
Tamuwan Autonomous Province;
Magrat Autonomous Province;
East Khasan (Karnali Pradesh) Autonomous Province;
West Khasan Autonomous Province;
Tharuhat Autonomous Province;
Abadhi Autonomous Province;
Bhojpuri Autonomous Province; and
Maithili Pradesh Autonomous Province.
4. State of Nepal:
(1) Nepal is an independent, indivisible, sovereign, secular, untouchability free federal democratic republican state.
(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 shall be drawn out in such a manner as to reflect the representation of all Autonomous Provinces. The Federal Government of Nepal shall draw out the national flag.
6. National Anthem etc:
The national anthem shall be as set forth in Schedule-5; and the coat-of-arms of Nepal shall be as determined by the Government of Nepal. The Provincial Governments may set their own coat-of-arms by making laws.
Part-2
Citizenship
7. Citizenship at the Commencement of Constitution:
(1) At the commencement of this Constitution, the persons who have acquired the citizenship of Nepal and who are eligible to acquire the citizenship by virtue of this Part shall be the citizens of Nepal.
(2) At the commencement of this Constitution, the following persons who have their permanent domicile in Nepal shall be deemed to be the citizens of Nepal by descent:
(a) any person who has acquired citizenship by descent prior to the commencement of this Constitution;
(b) any person whose father or mother was a citizen of Nepal at his or her birth.
(3) Every child who is found within the territory of Nepal and the whereabouts of whose parents are not known shall, until the father or the mother of the child is traced, be deemed to be a citizen of Nepal by descent.
(4) Whenever any territory is acquired by way of incorporation into Nepal, every person having his or her domicile in such territory shall become a citizen of Nepal, subject to the provisions of the laws in force.
(5) A man or woman of foreign nationality who has a matrimonial relationship with a citizen of Nepal may, if he or she so wishes, acquire the naturalized citizenship of Nepal, pursuant to the laws in force.
(6) A third gender shall have the right to obtain citizenship of third gender along with one's gender identity.
8. Naturalized and Honorary Citizenship:
Except as mentioned in Article 7, the Federal Government of Nepal may grant the naturalized or honorary citizenship of Nepal, as provided in the federal laws.
9. Dual Citizenship:
One may acquire dual citizenship subject to the federal laws. Provided that one must renounce the citizenship of the other country in order for one to hold or to be appointed to a public office in the federal and provincial state.
10. Acquisition and Termination of Citizenship:
Other necessary matters including the acquisition and termination of citizenship shall be as provided in the federal laws in force.
Part 3
Fundamental Rights
11. Right to Freedom:
(1) Every person shall have the right to live with dignity, and no law shall be made which provides for the death penalty.
(2) No person shall be deprived of his or her personal liberty save in accordance with law.
(3) Every citizen shall have the following freedoms:
(a) freedom of opinion and expression;
(b) freedom to assemble peaceably and without arms;
(c) freedom to form political parties or organizations;
(d) freedom to form unions and associations;
(e) freedom to move and reside in any part of Nepal; and
(f) freedom to practice any profession, carry on any occupation, industry and 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 Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religions or communities, or on any act of defamation, contempt of court or incitement to an offence, or on any act which may be contrary to public decency 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 public peace and order of Nepal.
(3) Nothing in sub-clauses (c) and (d) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religions or communities, or which may incite violent activities, or which may be contrary to public morality.
(4) Nothing in sub-clause (e) 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, religions or communities.
(5) Nothing in sub-clause (f) shall be deemed to prevent the making of laws to impose restrictions on any act which may be contrary to public health or morality of the general public, to confer on the State the exclusive right to undertake any specific industry, business or service, or to prescribe any condition or qualification for carrying on any industry, trade, profession or employment.
12. 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, colour, caste, tribe, sexual orientation and gender identity, origin, language, physical or mental disability, region, ideological conviction or any of these.
(3) The State shall not discriminate against citizens among citizens on grounds of religion, colour, caste, tribe, sexual orientation and gender identity, origin, language, physical or mental disability, region, ideological conviction or any of these.
Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of women, Dalits, indigenous peoples (Adibasi Janajati), Madhesi, farmers or sexual and gender minorities, workers or economically, socially or culturally backward classes or children, the aged and the disabled or those who are physically or mentally incapacitated.
(4) No discrimination in regard to remuneration and social security shall be made between men, women and sexual and gender minorities for the same work.
13. Right against Untouchability and Racial Discrimination:
(1) No person shall be discriminated against as untouchable and subjected to racial discrimination in any form, on grounds of caste, race, community or profession. Such discriminatory treatment shall be punishable, and the victim shall be entitled to reasonable compensation.
(2) No person shall, on grounds of caste or race, be deprived of the use of services, facilities or utilities available to the public or of the access to any public place or public religious sites or of the performance of any religious function.
(3) In producing or distributing any goods, services or facilities, no person belonging to any particular caste or tribe shall be prevented from purchasing or acquiring such goods, services or facilities nor shall such goods, services or facilities be sold or distributed only to the persons belonging to any particular caste or tribe.
(4) No such act as to purport to demonstrate any superiority or inferiority of the person or persons belonging to any caste, tribe or origin or to justify social discrimination on the ground of caste or race or to publicize ideology based on racial superiority or hatred or to encourage caste discrimination in any manner shall be allowed.
(5) Any act contrary to clauses (2), (3) and (4) shall be punishable by law.
14. Right Relating to Publication, Broadcasting and Press:
(1) No publication, broadcasting or printing of any news item, editorial, feature, article or other reading and audio-visual material through any means whatsoever including electronic publication, broadcasting and printing shall be censored.
Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, or on any act of treason, defamation, contempt of court or incitement to an offence, or on any act which may be contrary to public decency or morality.
(2) No radio, television, on-line or other form of digital or electronic equipment, press or other means of communication publishing and broadcasting or printing any material shall be closed nor shall registration thereof be cancelled by the reason of the publication, broadcasting or printing of such material through any audio, audio-visual or electronic equipment.
(3) No newspaper, periodical or press shall be closed or seized nor shall the registration thereof be cancelled for printing or publishing any news item, editorial, article or other reading material.
(4) No means of communication including the press, electronic broadcasting and telephone shall be interrupted except in accordance with law.
15. Right Relating to Environment and Health:
(1) Every person shall have the right to live in a healthy environment.
(2) Every citizen shall have the right to basic health services free of cost from the State.
16. Right Relating to Education and Culture:
(1) Every community shall have the right to get education in its own mother tongue.
(2) Every citizen shall have the right to get free education up to the higher secondary level from the State.
(3) Every community residing in Nepal shall have the right to preserve and promote its language, script, culture, cultural civilization and heritage.
(4) In order to ensure the enforcement of this right and the effective access, the State shall, based on equity, practicality and in such a manner as to rectify the consequences of racial discriminatory laws and practices in the past, arrange for adequate educational alternatives, in addition to the institutions with the same medium.
17. Right Relating to Employment and Social Security:
(1) Every citizen shall have the right to employment, as provided in law.
(2) The women, labour, aged, disabled, incapacitated and helpless citizens shall have the right to social security.
(3) Every citizen shall have the right to food sovereignty.
18. Right to Property:
(1) Every citizen shall, subject to the laws in force, have the right to acquire, own, sell, dispose of, and otherwise deal with, property.
(2) The State shall not, except in the public interest, requisition or acquire, or otherwise create any encumbrance on, the property of any person.
Provided that this clause shall not apply to any property acquired in an illicit manner.
(3) Compensation shall be provided for any property requisitioned, acquired or encumbered by the State in the course of enforcing a scientific land reform program or in the public interest, in accordance with law. The amount and basis of compensation and the procedure therefor shall be as determined by law.
19. Rights of Women as well as Sexual and Gender Minorities:
(1) No discrimination of any kind shall be made only by virtue of being a woman, and sexual and gender minority.
(2) Every woman shall have the right to reproductive health and reproduction.
(3) No woman and sexual and gender minority shall be subjected to physical, mental or any other kind of violence; and such act shall be punishable by law.
(4) Sons, daughters and sexual and gender minority shall have the equal right to ancestral property.
(5) The third gender and homo sexual shall have the right to marry any person of his or her choice.
(6) The third gender shall have freedom to change sex through operation.
20. Right to Social Justice:
(1) The economically, socially or educationally backward women, Dalits, indigenous peoples, Madhesi communities, oppressed classes, the disabled, sexual and gender minorities, religious minorities, poor farmers and labours shall have the right to take part in the structures of the State on the basis of the principle of proportional inclusion.
(2) The victims shall have the right to get the massacre and inhumane events committed during the period of armed conflicts to be fully investigated into, the perpetrators to be sentenced, and be entitled to compensation.
21. Rights of the Child:
(1) Every child shall have the right to his or her identity and name.
(2) Every child shall have the right to nurture, basic health and social security.
(3) Every child shall have the right against physical, mental or any other form of exploitation. Such exploitative act shall be punishable by law; and any child so treated shall be given such compensation as may be determined by law.
(4) The helpless, orphan, mentally retarded, conflict victim, displaced, vulnerable and street children shall have the right to get special facilities from the State for their well-ascertained future.
(5) No minor shall be employed to work in any factory, mine or engaged in any similar other hazardous work or used in army, police or conflict.
22. Right to Religion and Culture:
(1) Every person shall have the right to profess, practice and protect his or her own religion as handed down to him or her from ancient times, having due regard to the existing social and cultural practices.
(2) Every religious denomination shall have the right to maintain its independent existence, and, for this purpose, to operate and protect its religious sites and religious trusts, in accordance with law.
(3) Being Nepal a secular state, every person shall have the right to choose and practise religion, having full respect for religious faith and freedom of others. Any discrimination, hatred and contempt based on religion shall be punishable.
(4) Every person, family and community shall have the right to protect and promote their own language, religion, script, culture and custom equally and autonomously.
(5) Every person shall have the right to participate in his or her cultural life and freedom to participate for scientific, literary or artistic progress and right to benefit therefrom.
23. Right Relating to Justice:
(1) No person who is arrested shall be detained in custody without informing him or her of the reasons for such arrest in the language that he or she understand.
(2) Every person who is arrested shall have the right to consult a legal practitioner of his or her choice at the time of such arrest. Any consultation made by such person with his or her legal practitioner and advice given by such practitioner shall be secret; and such person shall not be deprived of the right to be defended by his or her legal practitioner.
Explanation: For the purpose of this clause, the expression "legal practitioner" shall mean any person who is authorized by law to represent any person in any court.
(3) Every person who is arrested shall be produced before the case trying authority within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to such authority; and any such person shall not be detained in custody except on the order of such authority.
Provided that nothing in clauses (2) and (3) shall apply to preventive detention and to a citizen of an enemy state.
(4) 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 laws in force at the time of the commission of the offence.
(5) Every person charged with an offense shall be presumed innocent until proved guilty of the offense.
(6) No person shall be tried or punished for the same offense in a court more than once.
(7) No person charged with an offense shall be compelled to testify against himself or herself.
(8) Every person shall have the right to be informed of any proceedings taken against him or her.
(9) Every person shall have the right to a fair trial by a competent court or judicial body.
(10) Any incapable party shall have the right to free legal aid, as provided in law.
24. Right against Preventive Detention:
(1) No person shall be held under preventive detention unless there is a sufficient ground of the existence of an immediate threat to the sovereignty, integrity or law and order situation of the State of Nepal.
(2) Any person held under preventive detention shall, if he or she has been held under such detention by the authority making preventive detention contrary to law or in bad faith, have the right to such compensation as may be prescribed by law.
25. Right against Torture:
(1) No person who is detained during inquiry, investigation or for trial or for any other reason shall be subjected to physical or mental torture or to cruel, inhuman or degrading treatment.
(2) Any act referred to in clause (1) shall be punishable by law, and any person so treated shall be provided with such compensation as may be determined by law.
26. Right to Information:
Every citizen shall have the right to demand or receive information on any matter of his or her interest or of public interest.
Provided that nothing shall be deemed to compel any person to provide information on any matter of which secrecy is to be maintained by law.
27. Right to Privacy:
Except as provided by law, the privacy of any person, his or her house, property, document, data, correspondence or matters relating to his or her character shall be inviolable.
28. Right against Exploitation:
(1) Every person shall have the right against exploitation.
(2) No one shall be exploited in the name of any custom, tradition and usage or in any manner whatsoever.
(3) No one shall be trafficked in nor shall one be held in slavery or in servitude.
(4) No one shall be required to perform forced labour.
Provided that nothing in this clause shall be deemed to prevent the making of laws which require citizens to perform compulsory service for public purposes.
29. Right Relating to Labour:
(1) Every worker and employee shall have the right to appropriate labour exercise.
(2) Every worker and employee shall have the right to form and join trade unions and to engage in collective bargaining for the protection of their respective interests, as provided in law.
30. Right against Exile:
No citizen shall be exiled.
31. Right to Constitutional Remedies:
The right to institute proceedings in the Supreme Court or Provincial High Court proceed in the manner set forth in Articles 83 and 164 for the enforcement of the rights conferred by this Part is guaranteed; and there shall lie in the Supreme Court an appeal from any final order or decision made by the Provincial High Court.
Part 4
Obligations, Directive Principles and Policies of the State
33. Obligations of the State:
The State shall have the following obligations:
(a) To ensure progressive political, economic and social transformations in the country;
(b) To adopt a political system fully upholding the universally accepted concepts of basic human rights, competitive multi-party democratic system, sovereignty inherent in the people and supremacy of the people, constitutional checks and balances, rule of law, social justice and equality, independence of judiciary, periodic elections, monitoring by the civil society, complete press freedom, right to information of the people, transparency and accountability in the activities of political parties, public participation and impartial, efficient and fair bureaucracy, and to maintain good governance, while putting an end to corruption and impunity;
(c) To make and enforce necessary laws to address the problems including those of women, Dalit, indigenous peoples, Madhesi, oppressed, excluded, the disabled, sexual and gender minority communities and backward regions, while at the same time doing way with discrimination based on class, caste, language, gender, culture, religion and region;
(d) To make Madhesi, Dalit, indigenous peoples, women, workers, farmers, disabled, backward classes and regions participate in all organs of the State structure on the basis of full proportionality;
(e) To set a wider common program on socio-economic transformation to do away with feudalism in all of its forms, and keep on implementing the programme;
(f) To pursue a policy of implementing a scientific land reform program by doing away with the feudalistic land ownership;
(g) To pursue a policy of protecting and promoting domestic industries and means and resources;
(h) To pursue a policy of establishing the right of all citizens to education, health, housing, employment and food sovereignty;
(i) To pursue a policy of providing socio-economic security including the land to the economically and socially backward classes including the landless, bonded labours, tillers, Harawa and Charawa;
(j) To pursue a policy of taking severe action against and punishing any one who earns illicit wealth through corruption while holding a public office of profit;
(k) To build a common development concept for the socio-economic transformation of the country and justice as well as for the prosperity and rapid economic progress and prosperity of the country;
(l) To pursue a policy of extensively increasing opportunities for employment and income generation by increasing investment for promoting industry, trade and export and ensuring the professional rights of labours;
(m) To effectively implement the international treaties, declarations, conventions, covenants, protocols and agreements of which the State is a party;
(n) To abolish all discriminatory laws, and declare the State as untouchability free;
(o) To define caste untouchability as an evil against humanity;
(p) To utilize the natural resources including water resources available in the country in the national interest;
(q) To make provisions for appropriate relief, recognition and rehabilitation of the family members of those who have died in the course of armed conflicts and those who, being injured in this course, have become disabled and infirm;
(q) To provide relief to the families of the victims who were subjected to disappearance during the course of armed conflict, based on the report of the inquiry commission constituted in relation to such persons;
(r) To launch a special program in order to rehabilitate the displaced persons, provide relief in the case of private and public properties destructed, and reconstruct the infrastructures devastated, during the course of armed conflict;
(s) To constitute a high level truth and reconciliation commission to investigate the facts about those involved in gross violations of human rights and crimes against humanity during the course of armed conflict, and to create an environment of reconciliation in the society.
(t) To actively implement the provisions of the ILO Convention 169 and the United Nations Declaration.
33. Directive Principles of the State:
(1) The chief objective of the State shall be to promote the welfare of the people on the basis of the principles of an open society, by establishing a just system in all aspects of the national life, including social, economic and political life, while at the same time protecting the lives, property, equality and liberty of the people.
(2) The objective of the State shall be to maintain peace and order, protect and promote human rights, and create opportunities for the participation of the people, while at the same time maintaining a system where people can enjoy the fruits of democracy. .
(3) The political objective of the State shall be to build prosperous and affluent Nepal by institutionalizing democracy achieved as a result of the struggle by the Nepalese people, while at the same time creating an atmosphere conducive for the enjoyment of the fruits of democracy.
(4) The fundamental economic objective of the State shall be to transform the national economy into an independent, self-reliant and progressive economy by preventing the economic resources and means available in the country from being concentrated within a limited section of the society, by making arrangements for the equitable distribution of economic gains on the basis of social justice, by making such provisions as to eliminate economic inequalities and prevent economic exploitation of any caste, sex, class, origin or individuals, and by giving priority and encouragement to national enterprises, both private and public.
(5) The social objective of the State shall be to establish and develop a healthy social life on the foundation of justice and morality, by eliminating all types of economic and social inequalities and by establishing harmony amongst various castes, tribes, religions, languages, races, communities and denominations.
(6) The State shall direct its international relations towards enhancing the dignity of the nation in the international arena by maintaining the sovereignty, integrity and independence of the country.
34. Policies of the State:
(1) The State shall pursue a policy of raising the standards 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 investment of economic investment for the balanced development of the country.
(2) The State shall pursue a policy of developing economy of the country through the governmental, cooperative and private sectors.
(3) The State shall pursue a policy of strengthening the national unity by maintaining the cultural diversity of the country by developing healthy and cordial social relations amongst the various religions, cultures, castes, communities, denominations, origins and linguistic groups, based on equality and co-existence, and through the equal development of their languages, literatures, scripts, arts and cultures.
(4) The State shall pursue a policy of according priority to the local communities while mobilizing the natural resources and heritages of the country in such a manner as to be useful and beneficial to the interests of the nation.
(5) The State shall make such arrangements as may be required to keep the environment clean. The State shall give priority to the prevention of adverse impacts in the environment from physical development activities, by increasing the awareness of the general public about environmental cleanliness, as well as to the protection of the environment and special safeguard of the rare wildlife. The State shall make arrangements for the protection of, sustainable uses of, and the equitable distribution of benefits derived from, the flora and fauna and biological diversity.
(6) The State shall develop the agriculture sector as an industry by creating conditions for economic progress of the majority of the people who are dependent on agriculture by raising productivity in the agriculture sector through encouragement to the farmers.
(7) The State shall pursue a policy of ensuring the right to work of the labour force, which remains as the major social and economic strength of the country, by providing them with employment in an easy manner and raising their participation in the management of enterprises, while at the same time protecting their rights and interests.
(8) The State shall pursue a policy of making the women participate, to the maximum extent, in the task of national development, by making special provisions for their education, health and employment.
(9) The State shall pursue a policy of making special provision of social security for the protection and progress of the single women, orphans, children, the helpless, the aged, the disabled, incapacitated persons, and tribes on the verge of extinction.
(10) The State shall pursue a policy of uplifting the economically and socially backward indigenous peoples, Dalit, women, the disabled, sexual and gender minorities, religious minorities and marginalized communities, and workers and farmers living below the poverty line, by making a provision of reservation by twenty five (25) percent in education, health, housing, food sovereignty and employment.
(11) The State shall, for the progress of the country, pursue a policy of giving special priority to the development of science and technology and also pursue a policy allowing the formation of different commissions with appropriate powers for the formulation of policies, plans and programmes for the protection of the rights and interests of the classes disregarded by the State and discarded in the societies.
(12) The State shall, with special priority, pursue a policy of reserving seat for equal representation of women, indigenous peoples, Dalits, the disabled, sexual and gender minorities and religious minorities from policy making to leadership levels in each organs of the State from the centre to the local level, such as governmental, semi-governmental or non-governmental bodies or organizations.
(13) The State shall pursue a special policy for the mobilization of youths and educational unemployed youth human resources in the development of the country and for the provision of employment opportunities according to qualification and for the investment of indigenous capital within the country.
(14) The State shall pursue a ten-year long-term special policy for enabling the Dalits, women, indigenous peoples, Madhesi, poor, disabled, sexual and gender minorities, religious minorities and the inhabitants of remote areas to use all the means, resources and opportunities of the State and for their equal participation in such use.
(15) The State shall pursue a policy of making a reservation to free higher education for the Dalits, women, indigenous peoples, Madhesi, disabled, sexual and gender minorities and religious minorities residing in rural areas and, as well as, the marginalized communities who are deprived of education and highly marginalized communities, while taking into consideration of the interests of rural people.
(16) The State shall adopt a policy which could set parameters for compulsory representation in political parties, administrative machineries and representative bodies of the Sate of the Dalits, disabled, sexual and gender minorities, women, indigenous peoples and religious minorities who are deprived of the means and resources of the State and discarded socially.
(17) The State shall, for the progress of the country, pursue a policy of giving special priority to the development of science and technology and also pursue a policy of developing local technology,
(18) The State shall, for the purposes of national development, pursue a policy of attracting foreign capital and technology, while giving priority to indigenous investment.
(19) The State shall pursue a policy of making a special provision, based on positive discrimination, for the minorities, landless people, landless squatters, bonded labours, the disabled, sexual and gender minorities, backward regions and communities and victims of conflicts, the women, Dalit, indigenous peoples, Madhesi and religious minorities (Muslims, Christians, etc.) as well.
(20) The State shall pursue a policy of making provision for the basic land required for the settlement of the bonded labours, and for their employment, after determining the number of such labours.
(21) The State shall pursue a policy of making infrastructures required to impart technical education, training and orientation for the development of that class of people dependent on labour including farmers and workers, to have their participation in the process of development of the State.
(22) The State shall pursue a policy of providing allowances to the aged, incapacitated women and the unemployed by making laws to that effect.
(23) The State shall pursue a policy of identifying, protecting and modernizing the traditional knowledge, skills and practices existing in the country.
(24) The State shall pursue a special policy of regulating the operation and management of public and non-governmental organizations established in the country.
(25) The State shall pursue the foreign policy of Nepal based on the principles of the Charter of the United Nations, non-alignment, the principles of Panchsheela, international law and the norms of world peace.
(26) The State shall pursue a policy of keeping on institutionalizing peace in Nepal through international norms, by promoting cooperative and harmonious relations in the economic, social and other spheres on the basis of equality with neighbouring friendly countries and all other countries of the world.
35. Mobilization of Means and Resources:
The State shall mobilize, or cause to be mobilized, the means and resources, as required, to implement the principles and policies contained in this Part.
36. Questions Not To Be Raised in Court:
No question shall be raised in any court as to whether the matters contained in this Part have been implemented or not.
Part 5
Federal Executive
37. President:
The President shall be the head of state of the Federal Democratic Republic of Nepal.
38. Nomination of and Election to President:
The electorate college consisting of the Federal House of Representatives and Provincial Houses of Representatives shall elect the President. Election to the President shall be held on the basis of single transferable voting system.
39. Term of Office of President:
(1) The term of office of the President shall be six years; and he or she shall not be eligible to be elected to the office of President for more than two terms.
(2) The office of the President shall become vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing;
(b) if at least two-thirds majority of the total number of the joint House of the House of Representatives and the Federal Assembly passes a resolution of impeachment against him or her on the charge that he or she has not maintained duties and conduct as of his or her office and status.
40. President to Take Oath:
The President shall take an oath before the Chief Justice in the Federal Joint House.
41. Functions, Duties and Powers of the President:
The functions, duties and powers of the President shall be as follows:
To summon and prorogue the session of the Federal Parliament.
To receive, on behalf of the Federal Government, credentials of foreign ambassadors and envoys.
To approve and give assent to Bills passed by the Federal Parliament.
To appoint office-bearers required to be appointed under the Constitution and laws, on the recommendation of the Council of Ministers.
To hold the office of the supreme commander-in-chief of the Nepal Army.
To award national prizes, medals, decorations and honours.
To grant pardons and to suspend, commute or remit any sentence passed by any court.
The President shall exercise his or her powers under this Constitution on the advice, and with the consent, of the Council of Ministers.
42. Executive Power:
(1) The federal executive power of Nepal shall, pursuant to this Constitution and other laws, be vested in the Prime Minister and the Federal Council of Ministers.
(2) The responsibility for issuing general directives, controlling and regulating the federal administration of Nepal shall, subject to this Constitution and other laws, be vested in the Council of Ministers.
(3) The federal executive functions of Nepal shall be performed in the name of the Federal Government of Nepal.
(4) Any decision or order to be issued in the name of the Federal Government of Nepal, pursuant to clause (3) and other instruments of authorization pertaining thereto, shall be authenticated as provided by law.
(5) The federal executive power of Nepal shall be subject to this Constitution and restricted to the matters set forth in the federal list and the concurrent list as mentioned in Schedule-1, in respect of other matters than those set forth in this Constitution.
43. Constitution of Council of Ministers:
(1) The Council of Ministers shall be constituted under the chairpersonship of the Prime Minister, on the basis of article 49 of the Constitution.
(2) The Council of Ministers shall consist of Deputy Prime Minister and other Ministers, as required.
Explanation: For the purposes of this Article, the expression “Minister” shall include a Minister of State holding an independent portfolio of a Ministry.
(3) The Prime Minister shall appoint Ministers from amongst the members of the Federal Parliament.
(4) The Prime Minister and other Ministers shall be collectively responsible to the Federal Parliament, and the Ministers shall be individually responsible for the work of their respective Ministries to the Prime Minister and the Federal Parliament.
(5) The Prime Minister shall be relieved of his or her office in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if he or she ceases to be a member of the Federal Parliament;
(c) if he or she dies; or
(d) if a vote of no-confidence is passed against him or her.
(6) The Deputy Prime Minister, Minister of State and Assistant Minister shall be relieved of his or her office in any of the following circumstances:
(a) if he or she tenders resignation in writing to the Prime Minister;
(b) if the Prime Minister is relieved of his or her office pursuant to the provisions of clause (5);
(c) if the Prime Minister relives him or her of his or her office; or
(d) if he or she dies.
(7) Even though the Prime Minister is relieved of his or her office pursuant to clause (5), the same Council of Ministers shall continue to function until a new Council of Ministers is constituted.
(10) If the Prime Minister dies, the Deputy Prime Minister or the senior-most Minister shall act as the Prime Minister until a new Prime Minister is selected.
44. Ministers of State and Assistant Ministers:
(1) The Prime Minister may appoint any Minister of State from amongst the members of the Federal Parliament.
(2) The Prime Minister may appoint any Assistant Minister from amongst the members of the Federal Parliament to assist any Minister in carrying out his or her responsibilities.
45. Appointment of Non-member of Federal Parliament as Minister:
Notwithstanding anything contained in Articles 43 and 44, the Prime Minister may appoint any person who is not a member of the Federal Parliament as Deputy Prime Minister, Minister, Minister of State or Assistant Minister.
46. Remuneration and Other Privileges:
The remuneration and other privileges of the Prime Minister, Deputy Prime Minister, Ministers, Ministers of State and Assistant Ministers shall be as determined by an Act, and until so determined, shall be as specified by the Government of Nepal.
47. Oath:
The Prime Minister shall take an oath of office and secrecy before the President, and the Deputy Prime Minister, Minister, Minister of State and Assistant Minister shall take such an oath before the Prime Minister.
48. Conduct of Business of the Federal Government of Nepal:
(1) The allocation and transaction of the business of the Federal Government of Nepal shall be carried out as set forth in the rules approved by the Federal Government of Nepal.
(2) No question whether the rules referred to in clause (1) have been observed shall be inquired into in any court.
49. Constitution of Council of Ministers:
(1) The President shall appoint the leader of the party which commands a majority in the House of Representatives as the Prime Minister.
(2) If no one party has a clear majority in the House of Representatives pursuant to clause (1), the President 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.
(3) If no member is able to command a majority in the House of Representatives even pursuant to clauses (1) and (2) above, the President shall appoint as Prime Minister the leader of the parliamentary party that holds the largest number of seats in the House of Representatives.
(4) A Prime Minister appointed pursuant to clause (2) or (3) above shall be required to obtain a vote of confidence from the House of Representatives within thirty days of his or her appointment.
(5) In the event of failure to obtain a vote of confidence pursuant to clause (4) and being it confirmed that the government cannot be formed pursuant to clause (2), the President shall dissolve the House of Representatives of the Federal Parliament and issue an order for holding a mid-term election within six months of such dissolution.
50. Responsibility of Prime Minister and Other Ministers:
The Prime Minister and other Ministers shall be collectively responsible to the Federal Parliament, and the Ministers shall be individually responsible for the work of their respective Ministries to the Prime Minister and the Federal Parliament.
PART 6
Federal Legislature
51. Constitution of Federal Parliament:
There shall be a Legislature, to be called Parliament, which shall consist of the President and two Houses, namely the House of Representatives and the Federal Assembly.
52. Powers of Federal Parliament:
The legislative powers of the Federal Parliament shall be subject to this Constitution and be restricted to the matters set forth in the federal list and the concurrent list of Schedule-1 in respect of matters other than those mentioned in this Constitution.
53. Constitution of the House of Representatives:
(1) The House of Representatives shall consist of a total of 301 members, out of which 240 members shall be elected through direct election and 61 through proportional election system. Election to the House of Representatives shall be held through secret ballot on the basis of adult suffrage. The House of Representatives shall be constituted through compensatory mixed system.
(2) For the purpose of the election to the House of Representatives, there shall be 120 election constituencies and two members consisting of one male member and one female member shall be elected from each election constituency.
(3) In fielding candidates for the election to the House of Representatives, political parties shall ensure proportional representation from Madhesi, Dalits, indigenous peoples, backward classes, regions and minority communities on the basis of racial population.
(4) Upon declaration of the results of the election to the House of Representatives, there shall be made representation of the minorities, marginalized and excluded communities in the number of 61 seats for compensation according to the percentage of votes received by each political party.
(5) 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 Representatives may be extended by an Act for a period not exceeding one year during the operation of a proclamation of a State of Emergency.
(6) The term of the House of Representatives as extended in pursuance of clause (5) 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.
(7) In the election to the members of the House of Representatives, each voter shall exercise one vote for a female candidate and one vote for a male candidate, subject to this Constitution.
(8) Every citizen of Nepal who has attained the age of sixteen years shall be entitled to vote in one of the election constituencies in accordance with the provisions of law.
(9) Every person who is entitled to vote in the elections for the House of Representatives may, subject to the laws in force, be a candidate only from his or her election constituency.
(10) Any vacancy in a seat occurring in the House of Representatives, while a portion of its term still remains, shall be filled through a bye-election.
(11) 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.
54. Constitution of, and Tenure of Office of Members of, Federal Assembly:
(1) The Federal Assembly shall consist of sixty members as follows:
(a) a total of forty eight members from 12 Provinces, four consisting two women and two men from each of the Provinces, to be elected in accordance with law on the basis of the single transferable vote system by an electoral college consisting of all members of the House of Representatives and Provincial Assembly in each Province; and
(b) twelve members to be nominated by the Federal Government in order to ensure the representation of minority and marginalized communities, Dalit, sexual and gender minorities and disabled communities.
(2) The Federal 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 Federal 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 the Federal Assembly commences its first session.
(5) Vacancies of seats in the Federal 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 Federal 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.
55. Qualification for Member of Federal Parliament:
(1) In order for one to become a member of the Federal Parliament, one must possess the following qualification:
(a) being a citizen of Nepal;
(b) having attained twenty five years of age for the House of Representatives or thirty five years of age for the Federal Assembly;
(c) not being disqualified by any law; and
(d) not holding any office of profit.
Explanation: For the purpose of clause (d), the expression "office of profit" shall mean any position, other than a political position which is to be filled by election or nomination, for which a remuneration or economic benefit is paid out of a government fund.
(2) No person shall be a member of both Houses simultaneously.
56. Decision on Question as to Disqualification of Member:
If there arises a question as to whether a member of the Federal Parliament is disqualified or has ceased to possess any of the qualifications set forth in Article 55, the final decision of such question shall be made by the Chief Justice of Nepal or any other Justice of the Supreme Court designated by him or her.
57. Vacation of Seat:
The seat of a member of the Federal Parliament shall become vacant in any of the following circumstances:
if he or she dies;
if he or she resigns in writing;
if he or she is no longer qualified under or ceases to possess the qualification referred to in Article 55;
if the term of the House expires;
if he or she absents himself or herself from ten consecutive meetings, without approval of the House; or
if the political party of which he or she was a member when elected provides a notification as provided in law that he or she has abandoned the party or his or her membership of the party ceases to exist.
58. 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.
59. 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 amongst 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 amongst 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 senior-most, out of the members present, shall preside over the meeting of the House of Representatives.
(4) The office of the Speaker or the Deputy Speaker shall become vacant in any of the following circumstances:
(a) if he or she ceases to be a member of the House of Representatives:
Provided that, 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) if he or she submits resignation in writing; 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 or her conduct is not compatible with his or her 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 or her position. The Speaker shall be entitled to take part and vote in the deliberations on such a resolution.
60. Chairperson and Vice-Chairperson of the Federal Assembly:
(1) After the commencement of its first session, the Federal Assembly shall, as soon as possible, elect a Chairperson and Vice-Chairperson from amongst its members. If the office of the Chairperson or the Vice-Chairperson falls vacant, the Federal Assembly shall fill the vacancy through election from amongst its members.
(2) The Vice-Chairperson shall, in the absence of the Chairperson of the Federal Assembly, chair the Federal Assembly.
(3) If the election of the Chairperson and Vice-Chairperson has not taken place, or if both the positions have become vacant, the member of the Federal Assembly who is by age the senior-most, out of the members present, shall preside over the meeting of the Federal Assembly.
(4) The office of the Chairperson or the Vice-Chairperson shall become vacant in any of the following circumstances:
(a) if he or she ceases to be a member of the Federal Assembly; or
(b) if he or she 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 Federal Assembly to the effect that his conduct is not compatible with his position.
(5) The Vice-Chairperson shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the Chairperson of the Federal Assembly is not compatible with his or her office. The Chairperson shall be entitled to take part and vote in the deliberations on such resolution.
61. Summoning and Prorogation of Sessions and Dissolution of the House of Representatives:
(1) The President shall summon a session of parliament within one month after the elections to the House of Representatives are held. Thereafter, the President 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) The President 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, the President 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) The President may dissolve the House of Representatives on the recommendation of the Prime Minister. The President shall, when so dissolving the House of Representatives, specify a date, to be within six months, for new elections to the House of Representatives.
62. Address and Message by the President:
(1) The President may address either House or a joint sitting of both the Houses of Parliament, and may summon the members for that purpose.
(2) The President 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) The President 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 the President.
63. 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.
64. Restriction on Discussion:
(1) No discussion shall be held in either House of Parliament on a matter which is under consideration in any court of Nepal.
(2) No discussion shall be held in either House of Parliament about anything done by a Judge in course of performance of his or her duties.
Provided that nothing in this clause shall be deemed to bar the expression of opinion about the conduct of a Judge during deliberations held on a motion of impeachment.
65. 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.
66. 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 or she may exercise the casting vote in the case of a tie.
67. Vote of Confidence:
(1) The Prime Minister, while he or she holds office, may, whenever he or she 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 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 table 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 pursuant to clauses (1) and (2) shall be made by a majority of the total number of members of the House of Representatives.
68. 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 Parliament and its committees.
Provided that he or she shall not be entitled to vote in a House or committee of which he or she is not a member.
69. 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 this Constitution, or knowing that he or she is not qualified for membership in the House, he or she shall, on order of the person chairing the House, be liable to a fine of five thousand rupees for each day of such presence or voting. The fine shall be recovered as government dues.
70. Privileges:
(1) Subject to the provisions of this Constitution, there shall be full freedom of speech in both Houses of Federal 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 Federal 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.
(3) Subject to the provisions of this Constitution, no comment shall be made about the good faith concerning any proceeding of either House of Federal 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 Federal Parliament.
Explanation: For the purpose 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 Federal Parliament or a meeting of the Joint Committee.
(6) No member of Federal 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 Federal 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 Federal 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 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 her or remit or commute the sentence imposed on him or her.
(9) Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.
71. Procedures Relating to the Conduct of Business:
(1) Each House of Federal 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 the President.
(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 the President on the recommendation of the Speaker of the House of Representatives and the Chairperson of the Federal 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 the President.
72. Committees:
The House of Representatives may, by rules, regulate the constitution and management of Committees on Finance, Public Accounts, Human Rights, Foreign Relations, Natural Resources, Protection of the Environment, Population and such committees on other subjects as required.
73. Joint Committee:
(1) If a resolution is passed by either House demanding that a Joint Committee 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 Federal Assembly.
74. Secretariat of Parliament:
(1) The President shall appoint the Secretary of the House of Representatives on the recommendation of its Speaker, and the Secretary of the Federal Assembly on the recommendation of its Chairperson and the Secretary-General of Parliament in consultation with both the Speaker and the Chairperson.
(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.
75. Remuneration:
The remuneration and privileges of the Speaker and Deputy Speaker of the House of Representatives, the Chairperson and Vice-Chairperson of the Federal Assembly and members of Parliament shall be determined by law, and until so determined, shall be as specified by the President.
Part 7
Legislative Procedure
76. Procedure for Introducing a Bill:
(1) A Bill may be introduced in either House of Federal Parliament.
Provided that a Money Bill shall be introduced only in the House of Representatives.
(2) A Money Bill and a Bill concerning the Nepal Army, Armed Police Force, Nepal Police as well as security body shall be introduced only as a Government Bill. Any amendment to such Bill may be introduced only upon the prior approval of the President. Such approval shall be obtained through the person chairing the House.
(3) The expression "Money Bill" shall mean a Bill concerning any or all of the following subjects:
(a) the imposition, collection, abolition, remission, alteration or regulation of federal taxes;
(b) the preservation of the Federal Consolidated Fund or any other Federal Government Fund, the deposit of moneys into and the appropriation or the withdrawal of moneys from such Funds, or the reduction, increment or cancellation of appropriations or of proposed expenditures from such Funds;
(c) the regulation of matters relating to the borrowing of money or the giving of guarantee by the Federal Government, or any matter pertaining to the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Federal Government;
(d) the custody and investment of all revenues received by any Federal Government Fund, moneys acquired through the repayment of loans, and grant moneys; or audits of the accounts of the Federal Government; or
(e) matters directly related to any of the above-mentioned subjects.
If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker thereon shall be final.
Procedure for Passage of Bills:
A Bill passed by one House of Federal 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 the President for assent.
A Money Bill passed by the House of Representatives shall be transmitted to the Federal Assembly. The Federal 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.
The House of Representatives shall, upon deliberations on a Bill returned with recommendations pursuant to clause (2), present it to the President for assent along with such recommendations as it may deem appropriate.
If the Federal 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 the President for assent.
Any Bill, except for a Finance Bill, passed by the House of Representatives and transmitted to the Federal Assembly shall be sent back with approval or recommendations within two months from the date of receipt. If the Federal 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 the President for assent.
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.
If the House of Representatives, in considering a Bill which has been rejected or amended by the Federal Assembly pursuant to clause (6), passes it again as it was or with amendments, by a majority of more than fifty percent of its sitting members, the Bill shall be presented to the President for assent.
A Bill for which amendments have been recommended and which has been transmitted to the Federal Assembly by the House of Representatives pursuant to clause (6) shall be presented to the President for assent if the Federal Assembly also passes a resolution to adopt the Bill with such amendments.
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 the President for assent:
(a) Bills which, though passed by the Federal Assembly, have been rejected by the House of Representatives; or
(b) Bills which have been returned to the Federal Assembly with amendments by the House of Representatives, but which the Federal 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 the House of Representatives is dissolved or the tenure of that House expires when any Bill which was originated in and is under consideration of the House of Representatives or has been passed by that House and transmitted to the Federal Assembly but is under consideration of that Assembly, such a Bill shall be deemed to be ineffective.
Withdrawal of Bills:
The member introducing a Bill may, with the leave of the House, withdraw the Bill.
79. Assent to Bills:
(1) Any Bill to be presented to the President for assent pursuant to Article 77 shall be so presented by the Speaker or the Chairperson of the House in which the Bill originated after it has been duly certified by him or her under his or her hand.
Provided that in the case of a Money Bill, the Speaker shall so certify.
(2) Upon the President's assent to any Bill that has been presented to him or her pursuant to this Article, both Houses shall be informed thereof as soon as possible.
(3) Except for a Money Bill, if the President is of the opinion that any Bill needs further deliberations, he or she may send back the Bill with his or her message to the House of origin of the Bill within one month from the date of presentation of the Bill to him or her.
(4) If any Bill is sent back with a message from the President, 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 is again presented to him or her, the President shall give assent to that Bill within thirty days of such presentation.
(5) A Bill shall become an Act after the President grants his or her assent to it in accordance with this Article, and such assent shall be deemed to have been granted after the Assent Seal has been affixed thereon.
80. Ordinance:
(1) If at any time, except when both the Houses of the Federal Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him or her to take immediate action, the President may promulgate any Ordinance as required without prejudice to the provisions set forth in this Constitution.
(2) Any Ordinance promulgated under clause (1) shall have the same force and effect as an Act.
Provided that every such Ordinance:
shall be laid before the both the Houses of Parliament held after the promulgation, and if not passed by both the Houses, it shall ipso facto cease to be effective;
(b) may be repealed at any time by the President; 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 of sixty days from the holding of the session of both the Houses.
Explanation: If the two Houses of Federal 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-8
Federal Financial Procedure
81. 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 and guarantee given by the Federal Government except in accordance with law.
82. Federal Consolidated Fund:
Except for the revenues of trusts (Guthi), all revenues received by the Federal Government, all loans raised on the security of revenues, all moneys received in repayment of any loans made under the authority of any Act and any other moneys received by the Federal Government shall be credited to a Government Fund to be known as the Federal Consolidated Fund.
83. Expenditures from Federal Consolidated Fund or Federal Government Fund:
No expenditure shall be incurred out of the Federal Consolidated Fund or any other Federal Government Fund except the following:
(a) moneys charged on the Federal Consolidated Fund;
(b) moneys required to meet the expenditure under an Appropriation Act;
(c) advance moneys authorized 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 by Article 90.
84. Expenditures Chargeable on Federal Consolidated Fund:
The expenditures relating to the following matters shall be charged on the Federal Consolidated Fund, and no yearly approval of Parliament shall be required for such expenditures:
(a) the amount as provided by the Act Relating to remuneration and privileges of the President;
(b) the amount required as remuneration, privileges and pensions 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 the Deputy Speaker of the House of Representatives;
(2) the Chairperson and the Vice-chairperson of the Federal Assembly;
(3) the Chief Commissioner and Commissioners of the Commission for the Investigation of Abuse of Authority;
(4) the Auditor General;
(5) the Chairperson and Members of the Public Service Commission; and
(6) the Chief Election Commissioner and Election Commissioners.
(c) the administrative expenses of the Supreme Court, the Commission for the Investigation of Abuse of Authority, the Department of Auditor General, the Public Service Commission and the Election Commission;
(d) all charges relating to debts for which the Federal Government is liable;
(e) any sum required to satisfy any judgment or decree made by a court against the Federal Government; and
(f) any other sum declared by law to be chargeable on the Federal Consolidated Fund.
85. Estimates of Revenues and Expenditures:
(1) The President shall, in respect of every financial year, cause to be laid before the joint sitting of both the Houses an annual estimate setting out the following matters:
(a) an estimate of revenues;
(b) the moneys required to meet the charges on the Federal 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 laid pursuant to clause (1) shall also be accompanied by a statement of the expenses allocated to every Ministry in the previous financial year and particulars of whether the objectives of the expenses have been achieved.
86. 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.
87. Supplementary Estimates:
(1) The President shall cause to be laid before the House of Representatives a supplementary estimate if it is found in any financial year:
(a) that the sum authorized to be spent for a particular service by the Appropriation Act for the current financial year is insufficient, or that a need has arisen for expenditures upon some new service 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 authorized by the Appropriation Act.
(2) The sums included in the supplementary estimates shall be specified under the heads in a Supplementary Appropriation Bill.
88. Votes on Account:
(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 introduced until the estimates of revenues and expenditures have been laid in accordance with the provisions of Article 85, and the sums 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 Votes on Account Act shall be included in the Appropriation Bill.
89. Votes of Credit:
Notwithstanding anything contained elsewhere in this Part, if owing to a local or national emergency due to either natural causes or a threat of external aggression or internal disturbances or other reasons, it appears to be impractical or inexpedient in view of the security or interest of the State to specify the details required under Article 77, the President may cause to be laid before the House of Representatives a Vote of Credit Bill giving only a statement of expenditures.
90. Contingency Fund:
An Act may create a Fund to be known as the Contingency Fund into which shall be paid from time to time such moneys as may be determined by the Act. The Fund shall be under the control of the Federal Government. Any unforeseen expenditure may be met out of such Fund by the Federal Government. The amount of the expenditure so met shall be reimbursed as soon as possible by an Act.
91. Act Relating to Financial Procedures:
Matters relating to the transfer of moneys appropriated by the Act from one head to another and other financial procedures shall be governed by an Act.
Part-9
Federal Judiciary
92. Powers Relating to Federal Justice:
Powers relating to federal justice shall be exercised by the Supreme Court and other judicial bodies in accordance with the provisions of this Constitution, other laws and the recognized principles of justice.
93. Courts:
(1) The following courts shall settle disputes under the federal laws in Nepal, in accordance with the legal provisions:
(a) Supreme Court;
(b) Provincial High Courts; and
(c) District Court.
(2) In addition to the Courts referred to in clause (1), any other courts, judicial bodies or tribunals may be established and constituted by the Federal Parliament for the purpose of trying and disposing cases of special types and nature under the federal laws.
Provided that no court, judicial body or tribunal shall be constituted for the purpose of trying and disposing any particular case.
94. Supreme Court:
(1) The Supreme Court shall be the apex court in the federal judicial hierarchy.
(2) All Provincial High Courts and judicial bodies shall be under the Supreme Court in respect of the settlement of disputes relating to the federal laws. The Supreme Court may inspect, supervise and give necessary directives to its subordinate courts and judicial bodies.
(3) 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 bodies.
(4) The Supreme Court shall have the final authority to interpret this Constitution and the federal laws.
(5) The Supreme Court shall consist of the Chief Justice and of not more than thirteen other Judges. If, at any time, the number of existing Judges becomes insufficient by the reason of an increase in the number of cases in the Supreme Court, ad hoc Judges may be appointed for a fixed term.
95. Appointment and Qualification of Judges of Supreme Court:
(1) The President shall, on the recommendation of the Federal Constitutional Council, appoint the Chief Justice of the Supreme Court, and, on the recommendation of the Federal Judicial Council, appoint other Judges of the Supreme Court. The tenure of office of the Chief Justice shall, subject to clause (5), be six years from the date of appointment.
(2) Any person who has worked as a Judge of the Supreme Court for at least five years shall be qualified for appointment as the Chief Justice of the Supreme Court.
(3) Any person who has worked as a Judge of a Provincial High Court or in any equivalent office of the Judicial Service for twelve years or has worked in the post of Gazetted First Class or a higher post of the Judicial Service for at least twelve years or has practiced law for at least twelve years as a law graduate advocate or senior advocate or who is a distinguished jurist having worked for at least twelve years in the judicial or legal field shall be qualified for appointment as a Judge of the Supreme Court.
(4) If the office of the Chief Justice becomes vacant or the Chief Justice is unable to carry out the duties of his or her office by reason of illness or otherwise or he or she cannot be present in the Supreme Court by reason of a leave of absence or otherwise, the senior-most Judge of the Supreme Court shall act as the Acting Chief Justice.
(5) The Chief Justice and other Judges of the Supreme Court shall hold office until they attain the age of sixty-five years.
96. Conditions of Service and Privileges of Chief Justice and Judge:
(1) The Chief Justice, and permanent Judges of the Supreme Court, who have served for at least five years, shall, on retirement, be entitled to such pension as may be provided by law.
(2) Save as otherwise provided in this Constitution, the remuneration, leave, allowances, pension and other conditions of service of the Chief Justice and Judges of the Supreme Court shall be provided by law.
(3) Notwithstanding anything contained in clauses (1) and (2), the Chief Justice or any Judge of the Supreme Court who has been removed from office by way of impeachment shall not be entitled to gratuity or pension.
(4) The remuneration, privileges or other conditions of service of the Chief Justice or a Judge of the Supreme Court shall not be altered to his or her disadvantage.
97. Chief Justice and Judge of Supreme Court To Be Relieved of Office:
(1) The Chief Justice or any other Judge of the Supreme Court shall be relieved of his or her office in any of the following circumstances:
(a) if the Chief Justice tenders resignation in writing before the President and the Judge tenders resignation in writing before the Chief Justice;
(b) if he or she attains the age of sixty-five years;
(c) if a motion of impeachment is passed by the House of Representatives; or
(d) if he or she dies.
(2) A motion of impeachment against the Chief Justice or any other Judge may be moved in the House of Representatives on the grounds of his or her incompetence, misbehaviour or failure to discharge the duties of his or her office honestly or his or her inability to discharge his or her duties because of physical or mental reason; and if the motion is passed by a two-thirds majority of the total number of the then members, he or she shall ipso facto be relieved of his or her office.
(3) The Chief Justice or the Judge against whom impeachment proceedings are being initiated pursuant to clause (2) shall not perform the duties of his or her office until the proceedings are completed.
98. Chief Justice and Judge Not to be Engaged in Any Other Office:
(1) No Chief Justice or Judge of the Supreme Court shall be engaged in or deputed to any office other than that of Judge.
Provided that the Federal Government may, with the approval of the Judicial Council, depute the Chief Justice or any Judge of the Supreme Court to work concerning judicial inquiry, or to legal or judicial investigation or research, or to any other work of national concern, for a specified period.
(2) No person who has once held the office of Chief Justice or a Judge of the Supreme Court shall be eligible for appointment to any government office nor shall such person be entitled to practice law before any office or court.
99. Jurisdiction of Supreme Court:
(1) Any citizen of Nepal 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 the Supreme Court shall have extra-ordinary power to declare that law to be void either ab initio or from the date of its decision if it appears that the law in question is inconsistent with this Constitution.
(2) The Supreme Court shall, for the enforcement of the fundamental rights conferred by this Constitution or for the enforcement of any other legal right for which no other remedy has been provided or for which the remedy even though provided appears to be inadequate or ineffective or for the settlement of any 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 right or settle such 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 the writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto.
Provided that except on the ground of absence of jurisdiction, the Supreme Court shall not under this clause interfere with any proceedings and decisions of the Federal and Provincial Parliament concerning violation of its privileges and penalties imposed therefor.
(3) Notwithstanding anything contained in clauses (1) and (2) of this Article, any person has to make a petition to the concerned Provincial High Court to have a provincial law voided or to have the enforcement of fundamental rights or legal rights against the Provincial Government; and if such person is not satisfied with the decision by the concerned Provincial High Court on such a petition, such a person may make an appeal to the Supreme Court.
(4) The Supreme Court may review its own judgments or final orders subject to such conditions and in such circumstances as may be prescribed by law. Judges other than those having handed down the previous judgment shall make such review.
(5) In addition to the powers conferred by clause (3), the Supreme Court shall have the final powers to impart justice in the following cases involving a constitutional and legal matter:
(a) inter-Provincial disputes;
(b) disputes between the Federal Government and a Provincial Government; and
(c) disputes under international treaties and agreements.
(6) Other powers and procedures of the Supreme Court shall be as prescribed by law.
100. Transfer of Cases:
If the Supreme Court is satisfied with the reason that there exists a situation where justice can be affected if a case filed in a Court is tried by that Court, the Supreme Court may order such case to be tried by another Court of the same level.
101. Responsibility of Chief Justice:
The Chief Justice shall have the final responsibility to make effective the administration of justice of the country; and to that end, he or she may, subject to this Constitution and other federal laws, give necessary directives to the Supreme Court and subordinate Courts.
102. Federal Judicial Council:
(1) There shall be a Federal Judicial Council to make recommendation or give advice, in accordance with this Constitution, on the appointment of, or disciplinary action against, Judges of the Supreme Court, and other matters relating to the administration of justice, which shall consist of the following as its chairperson and members:
(a) The Chief Justice - Chairperson
(b) The Federal Minister for Law and Justice
- Member
(c) A senior advocate or an advocate who has gained at least twenty years of experience, to be appointed by the Chief Justice on the recommendation of the Nepal Bar Association
- Member
(d) One jurist nominated by the President
- Member
(e) One who is the senior-most Judge of the Supreme Court
- Member
(2) The members as referred to in sub-clauses (c) and (d) of clause (1) may be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.
(3) The Chairperson and a Member of the Federal Judicial Council may procure and study the documents and files associated with any complaint filed in respect of any Judge, and give information thereof to the Federal Judicial Council.
(4) Other functions, duties and powers of the Federal Judicial Council shall be as determined by law.
103. Judicial Service Commission:
The formation, functions, duties, powers and procedures of the Federal Judicial Service Commission shall be as determined by law.
104. Duty To Extend Cooperation To Courts:
It shall be the duty of the Federal Government and all offices or officials subordinate to it to act in aid of the Supreme Court and other Federal Courts in performing the functions of dispensing justice.
105. Orders and Decisions of the Supreme Court To Be Abided By:
(1) Everybody shall abide by the orders and decisions made in the course of trial of lawsuits by the Supreme Court.
(2) Any interpretation given to a law or any legal principle laid down by the Supreme Court in the course of trying a lawsuit shall be binding on the Federal Government, Provincial Governments and all offices and courts.
Part-10
Provincial Executive
106. Head of Province:
There shall be a Head of Province in each Province. The President shall, on the recommendation of the Provincial Government, appoint the Head of Province. The term of office of the Head of Province shall be five years. The President may, on the recommendation of the Provincial Government, remove the Head of Province from office at any time.
107. Functions, Duties and Powers of the Head of Province:
The functions, duties and powers of the Head of Province shall be as follows:
To summon and prorogue the session of the Provincial Parliament;
To approve and give assent to Bills passed by the People’s Assembly;
To appoint office-bearers required to be appointed under the Constitution and laws, on the recommendation of the Council of Ministers;
To award provincial prizes, medals, decorations and honours;
To grant pardons and to suspend, commute or remit any sentence passed by any High Court or subordinate court in accordance with the provincial laws;
The Head of Province shall exercise his or her powers under this Constitution on the advice, and with the consent, of the Provincial Council of Ministers.
108. Executive Power:
(1) The provincial executive power of Nepal shall, pursuant to this Constitution and the laws of the Province, be vested in the Provincial Council of Ministers.
(2) The responsibility for issuing general directives, controlling and regulating the administration of the Province shall, subject to this Constitution and laws of the Province, lie in the Provincial Council of Ministers.
(3) The provincial executive functions shall be performed in the name of the Provincial Government.
(4) Any decision or order to be issued in the name of the Provincial Government pursuant to clause (3) and other instruments of authorization pertaining thereto shall be authenticated as provided by the laws of the Province.
(5) The provincial executive power shall be subject to this Constitution and restricted to the matters set forth in the provincial list and the concurrent list as mentioned in Schedule-1.
109. Constitution of Provincial Council of Ministers:
(1) The Provincial Council of Ministers shall be constituted under the chairpersonship of the Chief Minister, on the basis of Article 115 of the Constitution.
(2) The Council of Ministers shall consist of Deputy Chief Minister and other Ministers, as required.
Explanation: For the purposes of this Article, the expression “Minister” shall include a Minister of State holding an independent portfolio of a Ministry.
(3) The Chief Minister shall appoint Ministers from amongst the members of the Provincial Parliament.
(4) The Chief Minister and other Ministers shall be collectively responsible to the Provincial Parliament, and the Ministers shall be individually responsible for the work of their respective Ministries to the Chief Minister and the Provincial Parliament.
(5) The Chief Minister shall be relieved of his or her office in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if he or she ceases to be a member of the Provincial Parliament;
(c) if he or she dies; or
(d) if a vote of no-confidence is passed by the People’s Assembly against him or her.
(6) The Deputy Chief Minister, Minister of State and Assistant Minister shall be relieved of his or her office in any of the following circumstances:
(a) if he or she tenders resignation in writing to the Chief Minister;
(b) if the Chief Minister is relieved of his or her office pursuant to the provisions of clause (5);
(c) if the Chief Minister relives him or her of his or her office; or
(d) if he or she dies.
(7) Even though the Chief Minister is relieved of his or her office pursuant to clause (5), the same Council of Ministers shall continue to function until a new Council of Ministers is constituted.
(8) If the Chief Minister dies, the Deputy Chief Minister or the senior-most Minister shall act as the Chief Minister until a new Chief Minister is selected.
110. Ministers of State and Assistant Ministers:
(1) The Chief Minister may appoint any Minister of State from amongst the members of the Provincial Parliament.
(2) The Chief Minister may appoint any Assistant Minister from amongst the members of the Provincial Parliament to assist any Minister in carrying out his or her responsibilities.
111 Appointment of Non-member of Provincial Parliament as Minister:
Notwithstanding anything contained in Articles 109 and 110, the Chief Minister may appoint any person who is not a member of the Provincial Parliament as Deputy Chief Minister, Minister, Minister of State or Assistant Minister.
112. Remuneration and Other Privileges:
The remuneration and other privileges of the Chief Minister, Deputy Chief Minister, Ministers, Ministers of State and Assistant Ministers shall be as determined by an Act, and until so determined, shall be as specified by the Provincial Government.
113. Oath:
The Chief Minister shall take an oath of office and secrecy before the President, and the Deputy Chief Minister, Minister, Minister of State and Assistant Minister shall take such an oath before the Chief Minister.
114. Conduct of Business of the Provincial Government:
(1) The allocation and transaction of the business of the Provincial Government shall be carried out as set forth in the rules approved by the Provincial Government.
(2) No question whether the rules referred to in clause (1) have been observed shall be inquired into in any court.
115. Constitution of Provincial Council of Ministers:
(1) The Head of Province shall appoint the leader of the parliamentary party which commands a majority in the Provincial Parliament of the Province concerned as the Chief Minister. The Chief Minister of the Province shall form the Council of Ministers consisting of a maximum of ten members including himself or herself.
(2) If no one party has a clear majority in the Provincial Parliament, two or more political parties may form a majority and form the Government accordingly.
(3) If the Government cannot be formed pursuant to clause (2), the parliamentary party that holds the largest number of seats shall form the Government.
(4) The Council of Ministers formed pursuant to clause (2) or (3) above shall be required to obtain a vote of confidence from the Provincial Parliament within thirty days of such formation.
(5) In the event of failure to obtain a vote of confidence and being it confirmed that the Government cannot be formed pursuant to clause (2) or (3), the Head of Province shall dissolve the Provincial Parliament and issue an order for holding a mid-term election within six months of such dissolution.
116. Responsibility of Chief Minister and Other Ministers:
The Chief Minister and other Ministers shall be collectively responsible to the Provincial Parliament, and the Ministers shall be individually responsible for the work of their respective Ministries to the Chief Minister and the Provincial Parliament.
PART 11
Provincial Legislature
117. Provincial Parliament:
Parliament of each Province shall be bicameral. The lower House shall be called as the People's Assembly and the upper House as the Provincial Assembly. The Provincial Parliament shall consist of the Head of Province, the People's Assembly and the Provincial Assembly.
118. Powers of Provincial Parliament:
The legislative powers of each Province shall be vested in the Provincial Parliament. The legislative powers of the Provincial Parliament shall be subject to this Constitution and be restricted to the matters set forth in the provincial list and the concurrent list of Schedule-1.
119. Constitution of the People's Assembly:
(1) The People's Assembly shall consist of a maximum of 100 members, out of which 50 percent members shall be elected through direct election and 50 percent through proportional election system. Election to the People's Assembly shall be held through secret ballot on the basis of adult suffrage.
(2) Two members consisting of one male member and one female member shall be elected from each election constituency to the People's Assembly.
(3) In fielding candidates for the election to the People's Assembly, political parties shall ensure proportional representation from Madhesi, Dalits, indigenous peoples, backward classes, regions and minority communities on the basis of population of the tribe.
(4) Upon declaration of the results of the election to the People's Assembly, in selecting members according to the percentage of votes secured by each party under the proportional election system, 60 percent thereof shall be from the concerned indigenous peoples and 40 percent from those other minorities, marginalized and excluded communities whose representation was not ensured.
(5) Unless dissolved earlier pursuant to the provisions of this Constitution, the term of the People's Assembly shall be five years. Provided that the term of the People's Assembly may be extended by an Act for a period not exceeding one year during the operation of a proclamation of a State of Emergency. Provided that the term of the People's Assembly so extended 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.
(6) In the election to the members of the People's Assembly, each voter shall exercise one vote for a female candidate and one vote for a male candidate, subject to this Constitution.
(7) Every citizen of Nepal who has attained the age of sixteen years shall be entitled to vote in one of the election constituencies in accordance with the provisions of law.
(8) Every person who is entitled to vote in the election to the People's Assembly may, subject to the laws in force, be a candidate from his or her election constituency.
(9) Any vacancy in a seat occurring in the People's Assembly, while a portion of its term still remains, shall be filled through a bye-election.
(10) Subject to the provisions of this Article, elections to the People's Assembly and other matters pertaining thereto shall be regulated in accordance with law.
120. Constitution of Provincial Assembly:
(1) The Provincial Assembly shall consist of a maximum of 51 members to be elected under a proportional electoral system through adult suffrage and multi-party political competition in such a manner that there is proportional representation on the basis of racial and gender population.
(2) In constituting the Provincial Assembly (upper House) pursuant to clause (a), there shall be ensured the proportional and inclusive representation also from the special autonomous regions, autonomous territories, Dalit communities, minorities, sexual and gender minorities, the disabled and other excluded communities as identified by the State.
(3) The tenure of office of the members of the Provincial Assembly shall be six years. Provided that, while fixing the tenure of members, 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 the Provincial Assembly commences its first session.
(5) Vacancies of seats in the Provincial Assembly shall be filled in the same manner of election through which the seat of the vacating member was filled.
(6) If any seat of a member of the Provincial Assembly falls vacant during his tenure of office, the vacancy shall be filled by election for the remainder of the term, in accordance with clause (5).
121. Qualification for Member of Provincial Parliament:
In order for a person to become a member of the Federal Parliament, such person must:
(a) be a citizen of Nepal;
(b) have attained twenty five years of age;
(c) not have been punished for any criminal offence;
(d) not be holding any office of profit.
122. Decision on Question as to Disqualification of Member:
If there arises a question as to whether a member of the Provincial Parliament is disqualified or has ceased to possess any of the qualifications set forth in Article 121, the final decision of such question shall be made by the Chief Judge of the High Court of the Province concerned or by any other Judge of the High Court designated by him or her. An appeal may be made in the Supreme Court against the final order or decision so made by the High Court of the Province.
123. Vacation of Seat:
The seat of a member of the Provincial Parliament shall become vacant in any of the following circumstances:
if he or she resigns in writing;
if he or she is no longer qualified under or ceases to possess the qualification referred to in Article 122;
if the term of the concerned House of the Provincial Parliament expires;
if he or she dies;
if he or she absents himself or herself from ten consecutive meetings, without approval of the House; or
if the political party of which he or she was a member when elected provides a notification as provided in law that he or she has abandoned the party or his or her membership of the party ceases to exist.
124. Speaker and Deputy Speaker of the People's Assembly:
(1) The House of the People's Assembly shall elect a Speaker and a Deputy Speaker from amongst its members. If the office of the Speaker or the Deputy Speaker falls vacant, the House of the People's Assembly shall fill the vacancy through election from amongst its members.
(2) The Deputy Speaker shall, in the absence of the Speaker of the People's Assembly, chair the Federal Assembly.
(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 People's Assembly who is by age the senior-most, out of the members present, shall preside over the meeting of the People's Assembly.
(4) The office of the Speaker or the Deputy Speaker of the People's Assembly shall become vacant in any of the following circumstances:
(a) if he ceases to be a member of the People's Assembly, or
(b) if he submits resignation in writing to the Deputy Speaker; or
(c) if a resolution is passed by a majority of two-thirds of the total number of members in the People's Assembly to the effect that his or her conduct is not compatible with his or her 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 People's Assembly is not compatible with his or her position. Provided that the Speaker shall be entitled to take part and vote in the deliberations on such a resolution.
125. Chairperson and Vice-Chairperson of the Provincial Assembly:
(1) After the commencement of its first session, the Provincial Assembly shall, as soon as possible, elect a Chairperson and Vice Chairperson from amongst its members. If the office of the Chairperson or the Vice-Chairperson falls vacant, the Provincial Assembly shall fill the vacancy through election from amongst its members.
(2) The Vice-Chairperson shall, in the absence of the Chairperson of the Provincial Assembly, chair the Provincial Assembly.
(3) If the election of the Chairperson and Vice-Chairperson has not taken place, or if both the positions have become vacant, the member of the Provincial Assembly who is by age the senior-most, out of the members present, shall preside over the meeting of the Provincial Assembly.
(4) The office of the Chairperson or the Vice-Chairperson of the Provincial Assembly shall become vacant in any of the following circumstances:
(a) if he ceases to be a member of the Provincial 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 Provincial Assembly to the effect that his conduct is not compatible with his position.
(5) The Vice-Chairperson shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the Chairperson of the Provincial Assembly is not compatible with his position. The Chairperson shall be entitled to take part and vote in the deliberations on such resolution.
126. Summoning and Prorogation of Sessions and Dissolution of the People's Assembly:
(1) The Head of Province shall summon a session of Provincial Parliament within one month after the elections to the People's Assembly are held. Thereafter, the Head of Province 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) The Head of Province may prorogue the session of both or either of the Houses of Provincial Parliament.
(3) If, during the prorogation or recess of the People's Assembly, one-fourth of its members make a representation that it is appropriate to convene its session or meeting, the Head of Province shall specify the date and time for such session or meeting, and the People's Assembly shall meet or commence its session on the date and time thus fixed.
(4) The Head of Province may dissolve the House of Representatives on the recommendation of the Chief Minister. The Head of Province shall, when so dissolving the People's Assembly, specify a date, to be within six months, for new elections to the People's Assembly.
127. Address and Message by the Head of Province:
(1) The Head of Province may address either House or a joint sitting of both the Houses of Provincial Parliament, and may summon the members for that purpose.
(2) The Head of Province shall address the first session after an election to the People's Assembly and a joint sitting of both the Houses of Provincial Parliament after the commencement of the first session of each year.
(3) The Head of Province may send messages to either or both the Houses of Provincial Parliament. The House receiving such message shall, as early as possible, consider the matter mentioned in the message and submit its opinion to the Head of Province.
128. Quorum:
Except as otherwise provided in this Constitution, no resolution shall be presented for decision in either House of Provincial Parliament unless one-fourth of the total number of members of the concerned House are present.
129. Restriction on Discussion:
(1) No discussion shall be held in either House of Provincial Parliament on a matter which is under consideration in any court of Nepal.
(2) No discussion shall be held in either House of Provincial Parliament about anything done by a Judge in course of performance of his or her duties.
Provided that nothing in this clause shall be deemed to bar the expression of opinion about the conduct of a Judge during deliberations held on a motion of impeachment.
130. Transaction of Business in case of Vacancy of Members:
Either House of Provincial 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.
131. Voting:
Except as otherwise provided in this Constitution, all questions submitted for decision in either House of Provincial 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 or she may exercise the casting vote in the case of a tie.
132. Vote of Confidence:
(1) The Chief Minister, while he or she holds office, may, whenever he or she is of the opinion that it is necessary or appropriate to obtain a vote of confidence from the members of the People's Assembly table a resolution to that effect in the People's Assembly.
(2) One-fourth of the total number of members of the People's Assembly may table in writing a no-confidence motion against the Chief 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 pursuant to clauses (1) and (2) shall be made by a majority of the total number of members of the People's Assembly.
133. 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 Provincial Parliament and its committees.
Provided that he or she shall not be entitled to vote in a House or committee of which he or she is not a member.
134. 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 this Constitution, or knowing that he or she is not qualified for membership in the House, he or she shall, on order of the person chairing the House, be liable to a fine of five thousand rupees for each day of such presence or voting. The fine shall be recovered as government dues.
135. Privileges:
(1) Subject to the provisions of this Constitution, there shall be full freedom of speech in both Houses of Provincial 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 Provincial 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.
(3) Subject to the provisions of this Constitution, no comment shall be made about the good faith concerning any proceeding of either House of Provincial 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 delegated authority, subject to the provisions of this Constitution, by a House of Provincial Parliament.
Explanation: For the purpose 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 Provincial Parliament or a meeting of the Joint Committee.
(6) No member of Provincial 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 Provincial Parliament shall be deemed to constitute contempt of Provincial 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 Provincial Parliament, the person chairing 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 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 her or remit or commute the sentence imposed on him or her.
(9) Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.
136. Procedures Relating to the Conduct of Business:
(1) Each House of Provincial 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 the Head of Province.
(2) Matters relating to the conduct of business of a joint sitting of Provincial Parliament and the constitution of its Joint Committee, and the functions and procedures thereof shall be in accordance with rules made by the Head of Province on the recommendation of the Speaker of the People's Assembly and the Chairperson of the Provincial 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 the Head of Province.
137. Committees:
The People's Assembly may, by rules, regulate the constitution and management of Committees on Finance, Public Accounts, Human Rights, Foreign Relations, Natural Resources, Protection of the Environment, Population and such committees on other subjects as required.
138. Joint Committee:
(1) If a resolution is passed by either House demanding that a Joint Committee 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 People's Assembly to one member from the Provincial Assembly.
139. Secretariat of Provincial Parliament:
(1) The Head of Province shall appoint the Secretary of the People's Assembly on the recommendation of its Speaker, and the Secretary of the Provincial Assembly on the recommendation of its Chairperson and the Secretary-General of Provincial Parliament in consultation with both the Speaker and the Chairperson.
(2) The establishment of a Secretariat for the purpose of conducting the business of Provincial Parliament and other matters related thereto shall be as determined by law.
140. Remuneration:
The remuneration and privileges of the Speaker and Deputy Speaker of the People's Assembly, the Chairperson and Vice-Chairperson of the Provincial Assembly and members of Provincial Parliament shall be determined by law, and until so determined, shall be as specified by the Head of Province.
Part-12
Provincial Legislative Procedures
141. Procedure for Introducing a Bill:
(1) A Bill may be introduced in either House of Provincial Parliament.
Provided that a Money Bill shall be introduced only in the People's Assembly.
(2) A Money Bill and a Bill concerning the Police shall be introduced only as a Government Bill. Any amendment to such Bill may be introduced only upon the prior approval of the Head of Province. Such approval shall be obtained through the person chairing the House.
(3) The expression "Money Bill" shall mean a Bill concerning any or all of the following subjects:
(a) the imposition, collection, abolition, remission, alteration or regulation of provincial taxes;
(b) the preservation of the Provincial Consolidated Fund or any other Provincial 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 borrowing of money or the giving of guarantee by the Provincial Government, or any matter pertaining to the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Provincial Government;
(d) the custody and investment of all revenues received by any Provincial Government Fund, moneys acquired through the repayment of loans, and grant moneys; or audits of the accounts of the Provincial Government; or
(e) matters directly related to any of the above-mentioned subjects.
If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker thereon shall be final.
Procedure for Passage of Bills:
A Bill passed by one House of Provincial 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 the Head of Province for assent.
A Money Bill passed by the People's Assembly shall be transmitted to the Provincial Assembly. The Provincial Assembly shall, after deliberations on such a Bill, send back the Bill to the People's Assembly within fifteen days from the date of receipt of the Bill with recommendations, if any.
The People's Assembly shall, upon deliberations on a Bill returned with recommendations pursuant to clause (2), present it to the Head of Province for assent along with such recommendations as it may deem appropriate.
If the Provincial Assembly does not return a Bill received pursuant to clause (2) for more than fifteen days, the People's Assembly may present the Bill to the Head of Province for assent.
Any Bill, except for a Money Bill, passed by the People's Assembly and transmitted to the Provincial Assembly shall be sent back with approval or recommendations within two months from the date of receipt. If the Provincial Assembly does not return the Bill within that period, the People's Assembly may, by a resolution passed by a majority of more than fifty percent of the sitting members, present the Bill to the Head of Province for assent.
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.
If the People's Assembly, in considering a Bill which has been rejected or amended by the Provincial Assembly pursuant to clause (6), passes it again as it was or with amendments, by a majority of more than fifty percent of its sitting members, the Bill shall be presented to the Head of Province for assent.
A Bill for which amendments have been recommended and which has been transmitted to the Provincial Assembly by the People's Assembly pursuant to clause (6) shall be presented to the Head of Province for assent if the Provincial Assembly also passes a resolution to adopt the Bill with such amendments.
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 the Head of Province for assent:
(a) Bills which, though passed by the Provincial Assembly, have been rejected by the People's Assembly, or
(b) Bills which have been returned to the Provincial Assembly with amendments by the People's Assembly, but which the Provincial Assembly fails to agree 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 the People's Assembly is dissolved or the tenure of that House expires when any Bill which was originated in and is under consideration of the People's Assembly or has been passed by that House and transmitted to the Provincial Assembly but is under consideration of that Assembly, such a Bill shall be deemed to be ineffective.
Withdrawal of Bills:
The member introducing a Bill may, with the leave of the House, withdraw the Bill.
144. Assent to Bills:
(1) Any Bill to be presented to the Head of Province for assent pursuant to Article 142 shall be so presented by the Speaker or the Chairperson of the House in which the Bill originated after it has been duly certified by him or her under his or her hand.
Provided that in the case of a Money Bill, the Speaker shall so certify.
(2) Upon the Head of Province's assent to any Bill that has been presented to him or her pursuant to this Article, both Houses shall be informed thereof as soon as possible.
(3) Except for a Money Bill, if the Head of Province is of the opinion that any Bill needs further deliberations, he or she may send back the Bill with his or her message to the House of origin of the Bill within one month from the date of presentation of the Bill to him or her.
(4) If any Bill is sent back with a message from the Head of Province, 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 is again presented to him or her, the Head of Province shall give assent to that Bill within thirty days of such presentation.
(5) A Bill shall become an Act after the Head of Province grants his or her assent to it in accordance with this Article, and such assent shall be deemed to have been granted after the Assent Seal has been affixed thereon.
145. Ordinance:
(1) If at any time, except when the session of both the Houses of the Provincial Parliament are in session, the Head of Province is satisfied that circumstances exist which render necessary for him or her to take immediate action, the Head of Province may promulgate any Ordinance as required without prejudice to the provisions set forth in this Constitution.
(2) Any Ordinance promulgated under clause (1) shall have the same force and effect as an Act.
Provided that every such Ordinance:
shall be laid before both the Houses of Provincial Parliament held after the promulgation, and if not passed by both the Houses, it shall ipso facto cease to be effective;
(b) may be repealed at any time by the Head of Province; 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 of sixty days from the holding of the session of both the Houses.
Explanation: If the two Houses of Provincial 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-13
Provincial Financial Procedure
146. No Tax To Be Levied or Loan To Be Raised Except in accordance with Law:
(1) No tax shall be levied and collected in a Province except in accordance with law.
(2) No loan shall be raised and guarantee given by the Provincial Government except in accordance with law.
147. Provincial Consolidated Fund:
Except for the revenues of trusts (Guthi), all revenues received by the Provincial Government, all loans raised on the security of revenues, all moneys received in repayment of any loans made under the authority of any Act and any other moneys received by the Provincial Government shall be credited to a Government Fund to be known as the Provincial Consolidated Fund, except as otherwise provided by an Act.
148. Expenditures from Provincial Consolidated Fund or Provincial Government Fund:
No expenditure shall be incurred out of the Provincial Consolidated Fund or any other Provincial Government Fund except the following:
(a) moneys charged on the Provincial Consolidated Fund;
(b) moneys required to meet the expenditure under an Appropriation Act;
(c) advance moneys authorized 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 by Article 155.
149. Expenditures Chargeable on Provincial Consolidated Fund:
The expenditures relating to the following matters shall be charged on the Provincial Consolidated Fund, and no yearly approval of Parliament shall be required for such expenditures:
(a) the amount as provided by the Act Relating to remuneration and privileges of the Head of Province;
(b) the amount required as remuneration, privileges and pensions 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 the Deputy Speaker of the People's Assembly;
(2) the Chairperson and the Vice-chairperson of the Provincial Assembly;
(3) the Chief Commissioner and Commissioners of the Provincial Commission for the Investigation of Abuse of Authority;
(4) the Provincial Auditor General;
(5) the Chairperson and Members of the Provincial Public Service Commission.
(d) the administrative expenses of the Provincial High Court, the Provincial Commission for the Investigation of Abuse of Authority, the Provincial Auditor General, the Provincial Public Service Commission and the Provincial Election Commission;
(e) all charges relating to debts for which the Provincial Government is liable;
(f) any sum required to satisfy any judgment or decree made by a court against the Provincial Government; and
(g) any other sum declared by law to be chargeable on the Provincial Consolidated Fund.
150. Estimates of Revenues and Expenditures:
(1) The Head of Province shall, in respect of every financial year, cause to be laid before the joint sitting of both the Houses an annual estimate setting out the following matters:
(a) an estimate of revenues;
(b) the moneys required to meet the charges on the Provincial 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 laid pursuant to clause (1) shall also be accompanied by a statement of the expenses allocated to every Ministry in the previous financial year and particulars of whether the objectives of the expenses have been achieved.
151. 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.
152. Supplementary Estimates:
(1) The Head of Province shall cause to be laid before the People's Assembly a supplementary estimate if it is found in any financial year:
(a) that the sum authorized to be spent for a particular service by the Appropriation Act for the current financial year is insufficient, or that a need has arisen for expenditures upon some new service 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 authorized by the Appropriation Act.
(2) The sums included in the supplementary estimates shall be specified under the heads in a Supplementary Appropriation Bill.
153. Votes on Account:
(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 introduced until the estimates of revenues and expenditures have been laid in accordance with the provisions of Article 150, and the sums 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 Votes on Account Act shall be included in the Appropriation Bill.
154. Votes of Credit:
Notwithstanding anything contained elsewhere in this Part, if owing to a local or national emergency due to either natural causes or a threat of external aggression or internal disturbances or other reasons, it appears to be impractical or inexpedient in view of the security or interest of the State to specify the details required under Article 150, the Head of Province may cause to be laid before the People's Assembly a Vote of Credit Bill giving only a statement of expenditures.
155. Contingency Fund:
An Act may create in a province a Fund to be known as the Contingency Fund into which shall be paid from time to time such moneys as may be determined by the Act. The Fund shall be under the control of the Provincial Government. Any unforeseen expenditure may be met out of such Fund by the Provincial Government. The amount of the expenditure so met shall be reimbursed as soon as possible by an Act.
156. Act Relating to Financial Procedures:
Matters relating to the transfer of moneys appropriated by the Act from one head to another and other financial procedures shall be governed by an Act.
Part-14
Provincial Judiciary
157. Powers Relating to Provincial Justice:
(1) Powers relating to provincial justice shall be exercised by the provincial court and judicial bodies in accordance with the provisions of this Constitution, other provincial laws and the recognized principles of justice.
(2) The provincial judiciary shall remain committed to this Constitution and laws framed in pursuance hereof, by pursuing the concepts, norms and values of the independent judiciary and realizing the spirit of federal democracy.
158. Provincial Courts:
(1) Each Province shall have the following courts:
(a) High Court;
(b) District Court, Special Autonomous Region Court/ Thum/ Ilaka Court; and
(c) Community Court, Municipal/Village Court.
(2) In addition to the Courts referred to in clause (1), any other courts, judicial bodies or tribunals may be established and constituted by provincial laws for the purpose of trying and disposing cases of special types and nature.
Provided that no court, judicial body or tribunal shall be constituted for the purpose of trying and disposing any particular case.
159. Provincial High Court:
(1) The High Court of a Province shall be the apex court in the provincial judicial hierarchy.
(2) All courts and judicial bodies of the Province shall be under the High Court. The High Court may inspect, supervise and give necessary directives to its subordinate courts and judicial bodies.
(3) The High Court of the Province shall be a court of record. It may initiate proceedings and impose punishment in accordance with provincial law for contempt of itself and of its subordinate courts or judicial bodies.
(4) The High Court of the Province shall have the final authority to interpret the Provincial Acts and laws.
(5) The High Court shall consist of the Provincial Chief Judge and of not more than four other Judges. If, at any time, the number of existing Judges becomes insufficient by the reason of an increase in the number of cases in the High Court of the Province, ad hoc Judges may be appointed for a fixed term.
160. Appointment and Qualification of Judges of High Court of Province:
(1) The Head of Province shall, on the recommendation of the Provincial Judicial Council, appoint the Chief Judge and other Judges of the High Court.
(2) Any person who has worked as a Judge of the High Court of the Province for at least three years shall be qualified for appointment as the Chief Judge of the High Court.
(3) Any person who has worked as a Judge of a District Court of the Province or of any equivalent court or has worked in the post of Gazetted Second Class or a higher post of the Judicial Service for at least twelve years or has practiced law for at least ten years as a law graduate advocate or senior advocate or who is a distinguished jurist having worked for at least ten years in the judicial or legal field shall be qualified for appointment as a Judge of the High Court.
(4) If the office of the Chief Judge of the Province becomes vacant or the Chief Judge is unable to be present in the High Court for any reason, the senior-most Judge of the High Court shall act as the Acting Chief Judge.
(5) The Chief Judge of the Province and other Judges of the High Court shall hold office until they attain the age of sixty-five years.
161. Conditions of Service and Privileges of Chief Judge and Judges:
(1) The Chief Judge, and permanent Judges of the High Court, who have served for at least five years, shall, on retirement, be entitled to such pension as may be provided by provincial law.
(2) Save as otherwise provided in provincial law, the remuneration, leave, allowances, pension and other conditions of service of the Chief Judge and Judges of the High Court shall be provided by provincial law.
(3) Notwithstanding anything contained in clauses (1) and (2), the Chief Judge or any Judge of the High Court who has been removed from office by way of impeachment shall not be entitled to gratuity or pension.
(4) The remuneration, privileges or other conditions of service of the Chief Judge or a Judge of the High Court shall not be altered to his or her disadvantage.
162. Chief Judge and Judge of High Court To Be Relieved of Office:
(1) The Chief Judge or any other Judge of the High Court shall be relieved of his or her office in any of the following circumstances:
(a) if the Chief Judge tenders resignation in writing before the Head of Province and the Judge tenders resignation in writing before the Chief Judge;
(b) if he or she attains the age of sixty-five years;
(c) if a motion of impeachment is passed by the People’s Assembly; or
(d) if he or she dies.
(2) A motion of impeachment against the Chief Judge of the Province or any other Judge may be moved in the People's Assembly on the grounds of his or her incompetence, misbehaviour or failure to discharge the duties of his or her office honestly or his or her inability to discharge his or her duties because of physical or mental reason; and if the motion is passed by a two-thirds majority of the total number of the then members, he or she shall ipso facto be relieved of his or her office.
(3) The Chief Judge or the Judge against whom impeachment proceedings are being initiated pursuant to clause (2) shall not perform the duties of his or her office until the proceedings are completed.
163. Chief Judge and Judge Not To Be Engaged in Any Other Office:
(1) No Chief Judge or Judge of the High Court of the Province shall be engaged in or deputed to any office other than that of Judge.
Provided that the Provincial Government may, in consultation with the Provincial Judicial Council, depute the Chief Judge or any Judge of the High Court to work concerning judicial inquiry, or to legal or judicial investigation or research, or to any other work of provincial concern, for a specified period.
(2) No person who has once held the office of Chief Judge or a Judge of the High Court of the Province shall be entitled to practice law before any provincial office or court.
164. Jurisdiction of High Court of the Province:
(1) Notwithstanding anything contained in Article 83 of this constitution, any citizen of the Province may file a petition in the High Court of the Province 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 the High Court shall have extra-ordinary power to so declare that law to be void either ab initio or from the date of its decision if it appears that the law in question is inconsistent with this Constitution that such order is applicable within its Province.
(2) Notwithstanding anything contained in Article 83 of this constitution, the High Court of the Province shall, for the enforcement of the fundamental rights conferred by this Constitution or for the enforcement of any other legal right for which no other remedy has been provided or for which the remedy even though provided appears to be inadequate or ineffective or for the settlement of any constitutional or legal question involved in any dispute of public interest or concern, have the extraordinary power to so issue necessary and appropriate orders to enforce such right or settle such dispute that such orders are applicable within its Province. For these purposes, the High Court may, with a view to imparting full justice and providing the appropriate remedy, issue appropriate orders and writs including the writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto.
Provided that except on the ground of absence of jurisdiction, the High Court shall not under this clause interfere with any proceedings and decisions of the Federal Parliament and Provincial Parliament concerning violation of its privileges and penalties imposed therefor.
(3) The High Court of the Province shall have powers to try cases under its original jurisdiction, hear appeals, examine references, revise cases and hear petitions as provided for in laws.
(4) The High Court of the Province may review its own judgments or final orders subject to such conditions and in such circumstances as may be prescribed by law. Judges other than those having handed down the previous judgment shall make such review.
(5) Other powers and procedures of the High Court of the Province shall be as prescribed by law.
165. Establishment, arrangement and Powers of District Court, Special Autonomous Region Court, Thum, Ilaka Court and Community Court:
The establishment and arrangements of District Courts, Special Autonomous Region Court, Thum, Ilaka Courts and Community Courts, municipal court and other courts and judicial bodies under the High Court of the Province shall be as determined by provincial laws, subject to this Constitution.
166. Appointment, Qualification and Conditions of Service and Privileges of Judges of District Court, Special Autonomous Region Court, Thum, Ilaka Court and Community Court:
(1) The Head of Province shall, on the recommendation of the Provincial Judicial Council, appoint the judges of the District Court, Special Autonomous Region Court, Thum, Ilaka Court and Community Court as well and municipal and village courts.
(2) Any citizen of Nepal who has done bachelor’s degree in law and worked for at least seven years or has practiced law for at least five years as a law graduate advocate or who has taught law or done research thereon or worked in any other field of law or justice for at least five years shall be qualified for appointment as the Chief Judge or a Judge of a District Court, Special Autonomous Region Court, Thum, Ilaka Court and Community Court.
(3) The qualification required for appointment to the office of a Judge of the municipal or village court shall be as determined by law.
(4) The remuneration, allowances, pension, leave, gratuities and other privileges and other conditions of service of the Chief Judges and other Judges of the District Court, Special Autonomous Region Court, Thum, Ilaka Court and Community Court shall be as determined by law.
(5) A Judge of a District Court, Special Autonomous Region Court, Thum, Ilaka Court and Community Court shall be relieved of his or her office in any of the following circumstances:
(a) if he or she tenders resignation in writing before the Chief Judge;
(b) if he or she attains the age of sixty-five years;
(c) if, by virtue of a decision of the Provincial Judicial Council to remove him or her from office on the grounds of incompetence, misbehaviour or failure to discharge the duties of his or her office honestly or his or her inability to discharge his or her duties because of physical or mental reason or his or her deviation from justice, he or she is removed by the Head of Province from his or her office;
A Judge of a District Court, Special Autonomous Region Court, Thum, Ilaka Court and Community Court who is accused pursuant to this sub-clause shall be given a reasonable opportunity to defend himself or herself; and for this purpose, the Provincial Judicial Council may form a committee of inquiry for the purposes of recording the statements of the Judge, collecting evidence and submitting a report accompanied by its findings. The rules of procedure of the committee shall be as determined by law.
(d) if he or she dies.
167. Judge of District Court, Special Autonomous Region Court, Thum, Ilaka Court, Community Court, Municipal and Village Court not to be transferred to or engaged in any other office:
(1) No Judge shall be transferred to or engaged in or deputed to any office other than that of Judge.
Provided that the Provincial Government may, in consultation with the Provincial Judicial Council, depute any Judge of the District Court, Special Autonomous Region Court, Thum, Ilaka Court, Community Court, Municipal and Village Court to work concerning judicial inquiry, or to legal or judicial investigation or research, or to any other work of national concern, for a specified period.
(2) The Chief Judge may, on the recommendation of the Provincial Judicial Council, transfer a Judge of a District Court, Special Autonomous Region Court, Thum and Ilaka Court from one court to another.
(3) In view of, inter alia, the case-load and matters of dispute to be settled judicially, the Chief Judge may depute a Judge of a Court to act as a Judge of another Court of the same level for a certain period of time.
(4) The High Court may, as provided in law, grant powers to a Judge in any area to issue, through electronic or other media, a preliminary or interim order in the course of proceedings of a case pending in another Court of the same level situated in a geographically nearby area.
168. Transfer of Cases:
If the High Court is satisfied with the reason that there exists a situation where justice can be affected if a case filed in a Court is tried by that Court, the High Court may order such case to be tried by another Court of the same level.
169. Responsibility of Chief Judge:
The Chief Judge shall have the final responsibility to make effective the administration of justice of the Province; and to that end, he or she may, subject to this Constitution and other Provincial laws, give necessary directives to the High Court and subordinate Courts.
170. Provincial Judicial Council:
(1) There shall be a Provincial Judicial Council to make recommendation or give advice, in accordance with this Constitution, on the appointment of, or disciplinary action against, Judges, and other matters relating to the administration of justice, which shall consist of the following as its chairperson and members:
(a) The Chief Judge - Chairperson
(b) One who is the senior-most Judge of the High Court
- Member
(c) A senior advocate or an advocate who has gained at least twenty years of experience, to be appointed by the Chief Judge on the recommendation of the Provincial Bar Association
- Member
(d) One jurist nominated by the Chief Minister from amongst jurists
- Member
(e) The Provincial Minister for Law and Justice
- Member
(2) The tenure of the members as referred to in sub-clauses (c) and (d) of clause (1) shall be four years and their remuneration and privileges shall be the same as that of a Judge of the High Court.
(3) The members as referred to in sub-clauses (c) and (d) of clause (1) may be removed from office in like manner and on the like grounds as a Judge of the High Court.
(4) The chairperson and a member of the Provincial Judicial Council may procure and study the documents and files associated with any complaint filed in respect of any Judge, and give information thereof to the Provincial Judicial Council.
(5) If a preliminary inquiry of a complaint filed in respect of any Judge reveals a need to have a detailed inquiry by an expert, the Provincial Judicial Council may form an inquiry committee.
(6) Other functions, duties and powers of the Provincial Judicial Council shall be as determined by law.
171. Judicial Service Commission:
The formation, functions, duties, powers and procedures of the Provincial Judicial Service Commission shall be as determined by law.
172. Duty to Extend Cooperation to Courts:
It shall be the duty of the Provincial Government and all offices or officials subordinate to it to act in aid of the High Court and other Courts in performing the functions of dispensing justice.
173. Orders and Decisions of the Provincial Courts to Be Abided by:
(1) Everybody shall abide by the orders and decisions made in the course of trial of lawsuits by the Provincial Courts.
(2) Any interpretation given to a law or any legal principle laid down by the High Court in the course of trying a lawsuit shall be binding on the Federal Government within the Province, the Provincial Government and all offices and courts of the Province.
174. Annual Report:
The High Court of the Province shall present its annual report to the Head of Province each year and the Head of Province shall cause such a report to be laid before the Provincial Parliament.
Part-15
Local Bodies
175. The Provincial Government may make laws and make necessary provisions on local self-governance.
Part-16
Special Autonomous Regions and Self-Governing Territories
176. The Provincial Government shall provide the following special protection to the marginalized, minorities, indigenous peoples who are inhabitants of any of the Special Autonomous Regions and Self-governing Territories set forth in Schedule-2:
(1) Education: To pursue free study up to the proficiency certificate level in any language of one’s choice.
(2) Health: To obtain general medical treatment facilities free of cost.
(3) Security: To arrange for security personnel as required for the Local Bodies.
(4) Economy: To collect taxes and award contracts within the local Special Autonomous Regions and Self-governing Territories in accordance with the laws made by the Provincial Government.
(5) Politics: To select required representatives for the local Special Autonomous Regions and Self-governing Territories.
(6) Culture: To protect the indigenous (or exotic) culture of the tribes, languages, religions, colours and sex within the local Special Autonomous Regions and Self-governing Territories.
(7) Administration: To appoint required employees of the administrative bodies within the local Special Autonomous Regions and Self-governing Territories on the basis of proportional inclusion.
(8) Minerals, rivers and forests: To utilize the minerals, rivers, forests and natural means and resources within the local Special Autonomous Regions and Self-governing Territories, in such a manner as to be compatible with the laws made by the Federal Government and the Provincial Government.
(9) Justice: To constitute arbitration and community justice delivery units as required for the settlement of disputes in the Special Autonomous Regions and Self-governing Territories.
Part 17
Provisions Relating to Language
177. Language of the Nation:
All the languages spoken in Nepal shall be the languages of the nation.
178. Language of Federal Government:
All the languages spoken as mother tongues in Nepal, language of communication (Khash language) and the English language as an international language shall be the official languages of the Federal Government.
179. Language of Provincial Government:
(1) Provincial languages spoken in each Province (local Province oriented language) and the language of communication (Khash language) shall be used as the official language in the Provincial Government.
(2) Even though the language of the concerned Province is the official language in the Provincial Government, all mother tongues and Khash language shall also be recognized as the official language.
180. Linguistic Protection:
In order to protect the harmony existing between the linguistic communities and respect for their traditional territorial linguistic divisions, the Provisional Government shall, with priority, protect, promote and develop the linguistic minority groups who speak indigenous languages, by making laws in that respect.
181. Linguistic Communication:
(1) When a person of a Province visits, or is in contact with, another Province, such a person may use any of the local language, the language for communication (Khash language) and the international language English.
(2) The Federation may, in order to maintain communication between various linguistic communities under the Federal State and Provincial States, make laws and regulate the matter in such a manner as to accord priority to the use of the local language.
182. Education in Mother Tongue:
(1) The Provincial Government shall make provisions, by law, with priority so that each community is entitled to protect and develop its script, mother tongue and provide and acquire education in its mother tongue or in any language of its choice.
(2) The Provincial Government shall, by law, provide that each citizen be entitled to acquire free education up to the school leaving certificate level from the State in his or her own mother tongue or in any language of his or her choice.
(3) There shall be established multi-lingual universities in each Province for the imparting and acquiring of higher education in mother tongues.
183. Protection of Mother Tongues in the Verge of Extinction:
(1) It shall be the main obligation of the Federal and Provincial Governments to protect, promote and develop of mother tongues in the verge of extinction. The Federal Government may form a commission for this purpose.
(2) The tribes whose mother tongues and scripts are in the verge of extinction shall be identified; and such tribes shall be entitled to assimilate the forms, style and expressions of their languages in their mother tongues and scripts or in any language or scripts of their choice; and in the case of those tribes who do not have their own language and scripts, such tribes shall be entitled to assimilate their mother tongue in any scripts of their own choice.
(3) The concerned communities and tribes shall be entitled to copyright of the scripts of mother tongues in use in Nepal and heritages associated with the same.
(4) It shall be the obligation of the Provincial Government to make arrangements for the development, protection, promotion and investigation of languages in use within the Province.
(5) In each Province, audio, visual, printed and other electronic communication to be run by the public or private sector shall be allowed to be broadcast or publicized freely in any mother tongue in use locally.
184. Use of Languages:
(1) Any historical site, land, forests, rivers, rivulets and natural resources situated within the territory of a Province may be named or designated in the indigenous of the concerned community. Those natural means and resources, sites and places which have been designated in the language of the tribes concerned shall be protected and their designations shall not be changed.
(2) Discussions, debates, pleadings and administrative deliberations in the Executive, Legislature and Judiciary shall be made in mother tongues or language for communication of their choice.
(3) Any person shall have the right to receive information in his or her mother tongue or in any language of his or her choice.
Provided that the State may provide by law that, in cases where there is no adequate development of mother tongues, discussions, debates, pleadings and administrative deliberations in the Executive, Legislature and Judiciary may be made or official business conducted in mother tongues only after such mother tongues have developed adequately.
185. Special Provisions:
(1) In making a petition to or filing a case with any governmental or non-governmental office of any level or having administrative communication and dialogue with such office, any person shall have the power to use his or her mother tongue. The Federal Government shall regulate it by making law.
(2) Any public or governmental office-bearer may take an oath in his or her mother tongue.
PART- 18
Commission for the Investigation of Abuse of authority
186. Commission for the Investigation of Abuse of Authority:
(1) There shall be a Federal Commission for the Investigation of Abuse of Authority of Nepal, consisting of the Chief Commissioner and such number of other Commissioners as may be required. If, apart from the Chief Commissioner, any other Commissioner is appointed, the Chief Commissioner shall act as the chairperson of the Commission for the Investigation of Abuse of Authority.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chief Commissioner and other Commissioners, from amongst the persons who possess the qualification as referred to in clause (4), for a term of six years.
Provided that-
(a) if before the expiry of his or her term, the Chief Commissioner or a Commissioner attains the age of sixty-five years, he or she shall cease to hold office.
(b) the Chief Commissioner and a Commissioner may be removed from his or her office by a decision of two-thirds majority of both the Houses of the Federal Parliament.
(3) The office of the Chief Commissioner or a Commissioner shall be deemed vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if, pursuant to clause (2), his or her term expires or he or she ceases to hold his or her office; or
(c) if he or she dies.
(4) No person shall be eligible to be appointed as the Chief Commissioner or a Commissioner unless he or she possesses the following qualification:
(a) holding a bachelor's degree from a university recognized by the Government of Nepal;
(b) not being a member of any political party at the time of appointment;
(c) having gained at least twenty years of experiences in the field of either accounting, revenue, engineering, law, development or research and being a distinguished person;
(d) having attained the age of forty five years; and
(e) being of high moral character.
(5) 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.
(6) A person once appointed as the Chief Commissioner or Commissioner shall not be eligible for appointment in any other government service.
Provided that -
(a) nothing in this clause shall be deemed to be a bar to the 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 or her term of office shall be so computed as to include his or her term as the Commissioner.
(b) nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
187. 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, any abuse of authority committed through improper conduct or corruption by a person holding any public office in the Federal and Provincial State.
Provided that this clause shall not apply to any official in relation to whom this Constitution itself separately provides for such action and to any official in relation to whom any other law provides for a separate special provision.
(2) In the case of the Constitutional Officials of the Federal and Provincial State who can be removed from office by passing a motion of impeachment on the ground of misconduct, the Judges who can be removed by the Judicial Council on such impeachment and the persons who are liable to action under the Army Act, it may conduct inquiries and investigations in accordance with law after they have been so removed from office.
(3) If the Commission for the Investigation of Abuse of Authority finds, upon inquiry and investigation conducted pursuant to clause (1), that a person holding any public office has misused authority by committing any act which is defined by law as an improper conduct, it may admonish such person or write to the concerned authority for taking departmental action or any other necessary action against such person as provided in law.
(4) If the Commission for the Investigation of Abuse of Authority finds, upon inquiry and investigation conducted pursuant to clause (1), that a person holding any public office has committed an act which is defined by law as corruption, it may file, or cause to be filed, a case against such person and any other person involved in that offense in the competent court in accordance with law.
(5) If, upon inquiry and investigation conducted pursuant to clause (1), any act or action done or taken by a person holding any public office appears to be of such nature as to be falling under the jurisdiction of another official or body, the Commission for the Investigation of Abuse of Authority may write to the concerned official or body for necessary action.
(6) Subject to this Constitution, other functions, duties and powers and rules of procedure of the Commission for the Investigation of Abuse of Authority shall be as provided by law.
(7) The Commission for the Investigation of Abuse of Authority may delegate any of its functions, duties and powers relating to the inquiry and investigation or filing of cases, to the Chief Commissioner, a Commissioner or any employee of the Government of Nepal to be exercised and complied with subject to the specified conditions.
188. Annual Report:
(1) The Commission for the Investigation of Abuse of Authority shall submit to the Federal Parliament an annual report on the works it has performed in accordance with this Constitution.
(2) The annual report to be submitted pursuant to clause (1) shall set out, inter alia, the complaints filed through the Federal and Provincial State in the Commission for the Investigation of Abuse of Authority, the number of cases filed in the competent court in accordance with law after conducting inquiries and investigations and the number of cases of which proceeding has been terminated, the number of instances where admonishing has been made or it has been written for departmental or any other action for the commission of the improper act, achievements made in the field of prevention of corruption and reforms to be made in the future in this respect.
Part-19
Auditor General
189. Auditor General:
(1) There shall be a Federal Auditor-General of Nepal.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Auditor General, from amongst the persons who possess the qualification as referred to in clause (4), for a term of six years.
Provided that-
(a) if before the expiry of his or her term, the Auditor General attains the age of sixty-five years, he or she shall cease to hold office.
(b) the Auditor General may be removed from his or her office by a decision of two-thirds majority of both the Houses of the Federal Parliament.
(3) The office of the Auditor General shall be deemed vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if, pursuant to clause (2), his or her term expires or he or she ceases to hold his or her office; or
(c) if he or she dies.
(4) No person shall be eligible to be appointed as the Auditor General unless he or she possesses the following qualification:
(a) having served in the Special Class of the Government of Nepal or having at least twenty years of experiences in audit related work after having obtained a bachelor's degree in management, commerce or accounting from a university recognized by the Government of Nepal or having passed a chartered accountancy examination;
(b) not being a member of any political party at the time of appointment;
(c) having attained the age of forty years; and
(e) being of high moral character.
(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 or she holds office, be varied to his or her disadvantage.
(7) A person once appointed as the Auditor General shall not be eligible for appointment in any other government service.
Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
190. Functions, Duties and Powers of the Auditor-General:
(1) The accounts of the Federal and Provincial Legislature, Judiciary and Executive, the Federal Commission for the Investigation of Abuse of Authority, the Federal Auditor-General, the Federal Public Service Commission, the Election Commission, the National Human Rights Commission, the Dalit Commission, the Women Commission, the Disabled, Sexual and Gender Minorities Commission, the Land Commission, the Indigenous Peoples Commission, the Language and Culture Commission, the Natural Resources and Heritages Commission, the Office of the Attorney General and other offices of the Constitutional Bodies, the Nepal Army, the Armed Police or Nepal Police, and all other Federal and Provincial government offices and courts shall be audited by the Auditor-General in such manner as may be determined by law, also having regard to the regularity, economy, efficiency, effectiveness and the propriety thereof.
(2) The Auditor General shall be consulted in the matter of appointment of an auditor to carry out the audit of any corporate body of which the Federal or Provincial 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 body.
(3) The Auditor General shall, at all times, have power to examine any books of accounts for the purpose of carrying out the functions stipulated in clause (1). It shall be the duty of the concerned chief of office to provide all such documents and information as may be demanded by the Auditor General or any of his or her employees.
(4) The accounts to be audited pursuant to clause (1) shall, subject to the laws in force, be maintained in such form as may be 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.
191. Annual Report:
(1) The Auditor General shall submit to the Federal Parliament an annual report on the works he or she has performed.
(2) The annual report to be submitted pursuant to clause (1) shall set out, inter alia, the details of bodies audited by the Auditor General throughout the year, situation of irregular amounts, attempts made to settle such irregular amounts and achievements made on the settlement of irregular amounts, and details of matters referred to the Commission of the Investigation of Abuse of authority as such matters appeared to involve corruption, and reforms to be made in the future in respect of auditing.
Part- 20
Public Service Commission
192. Public Service Commission:
(1) There shall be a Federal Public Service Commission of Nepal, consisting of the Chairperson and such number of other Members as may be required.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and the Members of the Public service Commission, from amongst the persons who possess the qualification as referred to in clause (5), for a term of six years.
Provided that-
(a) if, before the expiry of his or her term, the Chairperson or a Member of the Public Service Commission attains the age of sixty-five years, he or she shall cease to hold office.
(b) the Chairperson or a Member of the Public Service Commission may be removed from his or her office by a decision of two-thirds majority of both the Houses of the Federal Parliament.
(3) At least fifty percent of the total number of the Members of the Public Service Commission shall be appointed from amongst the persons who have worked for twenty or more than twenty years in any government service, and the rest of the Members shall be appointed from amongst the persons who hold reputation after having done research, investigation, teaching or any other significant work in the field of science, technology, art, literature, law, public administration, sociology or any other sphere of national life.
(4) The office of the Chairperson or a Member of the Public Service Commission shall be deemed vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if, pursuant to clause (2), his or her term expires or he or she ceases to hold his or her office; or
(c) if he or she dies.
(5) No person shall be eligible to be appointed as the Chairperson or a Member of the Public Service Commission unless he or she possesses the following qualification:
(a) holding a master's degree from a university recognized by the Government of Nepal;
(b) not being a member of any political party at the time of appointment;
(c) having attained the age of forty years; and
(d) being of high moral character.
(6) The remuneration and other conditions of service of the Chairperson and the Members of the Public Service Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the Members of the Public Service Commission shall not, so long as they hold office, be varied to their disadvantage.
(7) A person once appointed as the Chairperson or a Member of the Public Service Commission shall not be eligible for appointment in any other government service.
Provided that-
(a) nothing in this clause shall be deemed to be a bar to the appointment of a Member of the Public Service Commission as its Chairperson, and when a Member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the Member.
(b) nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
193. Functions, Duties and Powers of Public Service Commission:
(1) It shall be the duty of the Public Service Commission to conduct examinations for the selection of suitable candidates to be appointed to the positions in the Civil Service of the Federal and Provincial State.
Provided that the services and positions of army officers or soldiers and of armed police and police personnel and such other services and positions as are excluded by any law from the Civil Service or positions thereof shall not be deemed to be the Civil Service or positions thereof.
(2) No permanent appointment to any pensionable position in the Civil Service shall 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 making appointments to, promotions to, the Civil Service or positions thereof and taking departmental action;
(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 which does not require consultation with the Public Service Commission to any position which requires consultation with the Public Service Commission; and
(f) matters relating to departmental action against any civil employee.
Provided that matters falling within the jurisdiction of the Judicial Service Commission shall not fall within the purview of the Public Service Commission.
(4) The Public Service Commission shall be consulted on the general principles to be followed in the course of making appointment and promotion to any position of the army service, armed police service or police service or other government service.
(5) If any public body intends to seek consultation of the Public Service Commission on the laws in force relating to the conditions of service of the employees in the service of such body and on the general principles to be followed in the course of making appointment and promotion to any position of such service and taking departmental action against any such employee, the Public Service Commission may provide consultancy.
Explanation: For the purposes of this Article, the expression “public body” shall mean any corporate body of which the Government of Nepal owns or controls fifty percent or more of the shares or the assets.
(6) The Public Service Commission may so delegate any of its functions, duties and powers to any of its members, a committee of such members or any employee of the Government of Nepal as to be exercised and complied with subject to the specified conditions.
(7) Subject to this Constitution, other functions, duties and rules of procedure of the Public Service Commission shall be as determined by law.
194. Annual Report:
(1) The Public Service Commission shall, every year, submit to the Federal Parliament an annual report on the works it has performed.
(2) The annual report to be submitted pursuant to clause (1) shall set out, inter alia, the details of examinations conducted by the Public Service Commission to select candidates throughout the year, details of examinees who have passed such examinations, details of consultancy given to various bodies, details of consultancy given in relation to departmental action and punishment proposed to be taken against and imposed on civil employees, statements whether such consultancy has been complied with, details of consultancy, if any, given in relation to the general principles to be followed while making appointment and promotion to any position of any government service and while taking departmental action concerning such position and details of future reforms to be made in the field of Civil Service.
195. Power to Constitute Provincial Public Service Commission:
The Provincial Parliament may, if it so desires, constitute a Provincial Public Service Commission by making an Act; and the mode of constitution, and functions, duties and powers of such a Commission and other matters shall be as determined by the Act. The Provincial Act made under this Article shall so make provisions that the Provincial Public Service Commission is impartial, and independent of the Federal Public Service Commission.
Part-21
Election Commission
196. Election Commission:
(1) There shall be a Federal Election Commission of Nepal, which shall consist of the Chief Election Commissioner and a maximum of four other Election Commissioners as may be required. If, apart from the Chief Election Commissioner, any other Election Commissioner is appointed, the Chief Election Commissioner shall act as the chairperson of the Election Commission.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chief Election Commissioner and other Election Commissioners, from amongst the persons who possess the qualification as referred to in clause (4), for a term of six years.
Provided that-
(a) if before the expiry of his or her term, the Chief Election Commissioner or an Election Commissioner attains the age of sixty-five years, he or she shall cease to hold office.
(b) the Chief Election Commissioner and an Election Commissioner may be removed from his or her office by a decision of two-thirds majority of both the Houses of the Federal Parliament.
(3) The office of the Chief Election Commissioner or of an Election Commissioner shall be deemed vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if, pursuant to clause (2), his or her term expires or he or she ceases to hold his or her office; or
(c) if he or she dies.
(4) No person shall be eligible to be appointed as the Chief Election Commissioner or an Election Commissioner unless he or she possesses the following qualification:
(a) holding a bachelor's degree from a university recognized by the Government of Nepal;
(b) not being a member of any political party at the time of appointment;
(c) having attained the age of forty years; and
(d) being of high moral character.
(5) 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 varied to their disadvantage.
(6) A person once appointed as the Chief Election Commissioner or the Election 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 the appointment of an Election Commissioner as the Chief Election Commissioner, and when an Election Commissioner is so appointed as the Chief Election Commissioner, his or her term of office shall be so computed as to include his or her term as the Election Commissioner.
(b) nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
197. Functions, Duties and Powers of Election Commission:
(1) The Election Commission shall, subject to the provisions of this Constitution and other laws, conduct, supervise, direct and control any referendum to be held under this Constitution and federal and provincial elections. For these purposes, the Election Commission shall prepare electoral rolls.
(2) The Election Commission may so delegate any of its functions, duties and powers to the Chief Election Commissioner, Election Commissioner or to any employee of the Federal or Provincial Government as to be exercised and complied with subject to the specified conditions.
(3) Subject to this Constitution, other functions, duties and rules of procedure of the Election Commission shall be as determined by law.
198. Government of Nepal to Provide Necessary Employees to Election Commission:
The Government of Nepal shall provide the Election Commission with such employees and other things as may be required to perform its functions in accordance with this Constitution.
Part-22
Human Rights Commission
199. Human Rights Commission:
(1) There shall be a federal Human Rights Commission of Nepal, which shall consist of the Chairperson and Members, as follows:
(a) One person from amongst the retired Chief Justices or Judges of the Supreme Court who have rendered an outstanding contribution to the protection and promotion of human rights or the renowned persons who have been active in and rendered an outstanding contribution to the protection and promotion of human rights or in the field of social service
- Chairperson
(b) Four persons from amongst the renowned persons who have been active in and rendered an outstanding contribution to the protection and promotion of human rights or in the field of social service
- Member
(2) There shall be maintained racial diversity including women while making appointment of the Chairperson and Members of the Human Rights Commission.
(3) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and the Members of the National Human Rights Commission, from amongst the persons who possess the qualification as referred to in clause (5), for a term of six years.
Provided that the Chairperson or a Member of the Human Rights Commission may be removed from his or her office by a decision of two-thirds majority of both the Houses of the Federal Parliament.
(4) The office of the Chairperson or a Member of the Human Rights Commission shall be deemed vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if, pursuant to clause (3), his or her term expires or he or she ceases to hold his or her office; or
(c) if he or she dies.
(5) No person shall be eligible to be appointed as the Chairperson or a Member of the Human Rights Commission unless he or she possesses the following qualification:
(a) holding a bachelor's degree from a university recognized by the Government of Nepal; and
(b) being of high moral character.
(6) The remuneration and other conditions of service of the Chairperson and the Members of the Human Rights Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the Members of the Human Rights Commission shall not, so long as they hold office, be varied to their disadvantage.
(7) A person once appointed as the Chairperson or a Member of the Human Rights Commission shall not be eligible for appointment in any other government service.
Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendation after carrying out a study or research on any subject.
200. Functions, Duties and Powers of Human Rights Commission:
(1) It shall be the duty of the Human Rights Commission to promote respect for, protect and promote human rights and ensure effective enforcement thereof.
(2) For the accomplishment of the duty mentioned in clause (1), the Human Rights Commission shall perform the following functions:
(a) To inquire, on its own initiative or on a petition or complaint presented in or sent to the Commission by a victim or any person on his or her behalf or on any information received by the Commission from any source, into and investigate complaints of violations of human rights or abetment thereof, and make recommendation for action against the perpetrators;
(b) If any official who has the responsibility or duty to prevent violations of human rights fails to fulfil or perform his or her responsibility or duty or shows reluctance in the fulfilment or performance of his or her responsibility or duty, to make recommendation to the concerned authority to take departmental action against such official;
(c) If it is required to institute a case against any person who has violated human rights, to make recommendation to file a case in the court in accordance with law;
(d) To coordinate and collaborate with the civil society in order to enhance awareness on human rights;
(e) To make recommendation, accompanied by the reasons and grounds, to the concerned body for taking departmental action against and imposing punishment on those who have violated human rights;
(f) To carry out periodic reviews of the laws in force relating to human rights and make recommendation to the Government of Nepal for necessary improvements in and amendments to such laws;
(g) If Nepal has to become a party to any international treaty or agreement on human rights, to make recommendation, accompanied by the reasons therefor, to the Government of Nepal; and monitor whether any such treaty or agreement to which Nepal is already a party has been implemented, and if it is found not to have been implemented, to make recommendation to the Government of Nepal for its implementation;
(h) To publish, in accordance with law, the names of the officials, persons or bodies who have failed to observe or implement any recommendations or directives made or given by the Human Rights Commission in relation to the violations of human rights, and record them as violators of human rights.
(3) In discharging its functions or performing its duties, the Human Rights Commission may exercise the following powers:
(a) To exercise all such powers as of a court in respect of the summoning and enforcing the attendance of any person before the Commission and seeking and recording his or her information or statements or depositions, examining evidence and producing exhibits and proofs;
(b) On receipt of information by the Commission in any manner that a serious violation of human rights has already been committed or is going to be committed, to search any person or his or her residence or office, enter such residence or office without notice, and, in the course of making such search, take possession of any document, evidence or proof related with the violation of human rights;
(c) In the event of necessity to take action immediately on receipt of information that the human rights of any person are being violated, to enter any government office or any other place without notice and rescue such person;
(d) To order for the provision of compensation in accordance with law to any person who is a victim of the violations of human rights;
(e) To exercise and perform, or cause to be exercised and performed, such other powers and duties as provided in law.
(4) Notwithstanding anything contained elsewhere in this Article, the Human Rights Commission shall have no jurisdiction over any matter falling within the jurisdiction of the Army Act.
Provided that nothing shall bar the institution of actions on any matters of the violations of human rights or humanitarian law.
201. Annual Report:
(1) The Human Rights Commission shall submit to the Federal Parliament an annual report on the works which it has performed pursuant to this Constitution.
(2) The annual report to be submitted pursuant to clause (1) shall set out, inter alia, the details of complaints filed in the Human Rights Commission throughout the year, inquiries into and investigations of such complaints, details of recommendations made to the Government of Nepal on various matters, the number of cases, if any, filed against those who have violated human rights and the details of reforms to be made in the future in relation to the protection and promotion of human rights.
PART 23
Attorney General
202. Appointment of Attorney General:
(1) There shall be a Federal Attorney General of Nepal, who shall be appointed by the President. The Attorney General shall hold office during the pleasure of the President.
(2) No person shall be eligible to be appointed as the Attorney General unless he or she is qualified to be appointed as a Judge of the Supreme Court.
(3) The office of the Attorney General shall be deemed vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if he or she is relieved of his or her office by the President; or
(c) if he or she dies.
(4) The remuneration and other privileges of the Attorney General shall be similar to those of a Judge of the Supreme Court. Other conditions of service of the Attorney General shall be as determined by law.
203. Functions, Duties and Powers of Attorney General:
(1) The Attorney General shall be the chief legal advisor to the Federal Government. It shall be the duty of the Attorney General to give opinions and advices on constitutional and legal matters to the Federal Government and such other authorities as the Federal Government may specify.
(2) The Attorney General or officers subordinate to him or her shall represent the Federal Government in lawsuits wherein the rights, interests or concerns of the Federal Government are involved. Save as provided otherwise in this Constitution, the Attorney General shall have the right to make a final decision as to whether to institute any case on behalf of the Federal Government in any court or judicial authority.
(3) Subject to clause (2), the Attorney General shall have the power to do the following acts:
(a) To defend, on behalf of the Federal Government, any lawsuit in which the Federal Government is a plaintiff or a defendant;
(b) To monitor, or cause to be monitored, whether any interpretation given to a law or any legal principle laid down by the Supreme Court in the course of hearing of lawsuits has been implemented;
(c) If a complaint is made alleging that any person held in custody has not been treated humanely subject to this Constitution or such person has not been allowed to meet his or her relative or through his or her legal practitioner or if information of such matter is received, to inquire thereinto and give necessary directive to the concerned authority to prevent such act.
(4) In addition to the functions, duties and powers mentioned in this Article, other functions, duties and powers of the Attorney General shall be as determined by this Constitution and other federal laws.
(5) In the course of discharging the duties of his or her office, the Attorney General shall have the right to appear in any federal court, office and authority of Nepal.
(6) The Attorney General may so delegate his or her functions, duties and powers under this Article to his or her subordinates as to be exercised and complied with subject to the specified conditions.
204. Annual Report:
(1) The Attorney General shall, every year, submit to the President an annual report on the works which he or she has performed pursuant to this Constitution; and the President shall cause such a report to be laid before the Federal Parliament.
(2) The annual report to be submitted pursuant to clause (1) shall set out, inter alia, the number of advices and opinions on federal constitutional and legal matters rendered by him or her throughout the year, details of instituted state cases, details of defence made in lawsuits in which the Federal Government is a plaintiff or defendant, details relating to crimes and details of reforms to be made in the future in relation to cases to be instituted as state cases.
205. Provision of Provincial Attorney General:
The Provincial Attorney General shall be the chief legal advisor to the Provincial Government. The Province concerned may by law provide for the provision of the Provincial attorney General and specify his or her qualification, appointment, remuneration and other conditions of his or her service.
206. Right to Appear in Parliament:
The Attorney General shall have the right to appear and express his or her opinion on any legal question in any meeting of the Federal Parliament or any of its committees.
Provided that he or she shall not have the right to vote.
Part 24
Other Commissions
207. Dalit Commission:
(1) There shall be a Federal Dalit Commission of Nepal, consisting of the Chairperson and such number of other Members as may be required.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and the Members of the Dalit Commission, from amongst the persons who possess the qualification as referred to in clause (3), for a term of six years.
Provided that-
(a) if, before the expiry of his or her term, the Chairperson or a Member of the Dalit Commission attains the age of sixty-five years, he or she shall cease to hold office.
(b) the Chairperson or a Member of the Dalit Commission may be removed from his or her office by a decision of two-thirds majority of both the Houses of the Federal Parliament.
(3) At least fifty percent of the total number of the members of the Dalit Commission shall be appointed from amongst the persons who have worked for ten or more than ten years in any government service or have remained active in the upliftment of the Dalits and the rest of the members shall be appointed from amongst the persons who hold reputation after having done research, investigation, teaching or any other significant work in the field of science, technology, art, literature, law, public administration, sociology or any other sphere of national life.
(4) The office of the Chairperson or a member of the Dalit Commission shall be deemed vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if, pursuant to clause (2), his or her term expires or he or she ceases to hold his or her office; or
(c) if he or she dies.
(5) No person shall be eligible to be appointed as the Chairperson or a Member of the Dalit Commission unless he or she possesses the following qualification:
(a) holding a master's degree from a university recognized by the Government of Nepal;
(b) not being a member of any political party at the time of appointment;
(c) having attained the age of forty years; and
(d) being of high moral character.
(6) The remuneration and other conditions of service of the Chairperson and the Members of the Dalit Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the Members of the Dalit Commission shall not, so long as they hold office, be varied to their disadvantage.
(7) A person once appointed as the Chairperson or a Member of the Dalit Commission shall not be eligible for appointment in any other government service.
Provided that-
(a) nothing in this clause shall be deemed to be a bar to the appointment of a Member of the Dalit Commission as its Chairperson, and when a Member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the Member.
(b) nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
(8) The Federal Government may by law specify the functions, duties and powers of the Dalit Commission; and such functions, duties and powers shall include conducting studies and research works on the Dalits in Nepal and making opinions, recommendations and suggestions in that respect. The Dalit Commission may so delegate any of its functions, duties and powers to any of its members, a committee of such members or any employee of the Federal or Provincial Government as to be exercised and complied with subject to the specified conditions.
208. Provincial Dalit Commission:
A Provincial State may, by law, constitute a Provincial Dalit Commission; and specify the qualification, appointment, remuneration and other conditions of service of, and functions, duties and powers of, such a Commission. The remuneration and other conditions of service of the chairperson and the members of such a Commission shall not, so long as they hold office, be varied to their disadvantage.
209. Annual Report:
(1) The Federal Dalit Commission shall, every year, submit to the Federal Parliament an annual report on the works it has performed.
(2) The annual report to be submitted pursuant to clause (1) shall set out, inter alia, the details of activities carried out by the Dalit Commission throughout the year.
210. Women Commission:
(1) There shall be a Federal Women Commission of Nepal, consisting of the Chairperson and such number of other Members as may be required.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and the Members of the Women Commission, from amongst the persons who possess the qualification as referred to in clause (3), for a term of six years.
Provided that-
(a) if, before the expiry of his or her term, the Chairperson or a Member of the Women Commission attains the age of sixty-five years, he or she shall cease to hold office.
(b) the Chairperson or a Member of the Women Commission may be removed from his or her office by a decision of two-thirds majority of both the Houses of the Federal Parliament.
(3) At least fifty percent of the total number of the members of the Women Commission shall be appointed from amongst the persons who have worked for ten or more than ten years in any government service or have remained active in the filed of women's rights and the rest of the members shall be appointed from amongst the persons who hold reputation after having done research, investigation, teaching or any other significant work in the field of science, technology, art, literature, law, public administration, sociology or any other sphere of national life.
(4) The office of the Chairperson or a member of the Women Commission shall be deemed vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if, pursuant to clause (2), his or her term expires or he or she ceases to hold his or her office; or
(c) if he or she dies.
(5) No person shall be eligible to be appointed as the Chairperson or a Member of the Women Commission unless he or she possesses the following qualification:
(a) holding a master's degree from a university recognized by the Government of Nepal;
(b) not being a member of any political party at the time of appointment;
(c) having attained the age of forty years; and
(d) being of high moral character.
(6) The remuneration and other conditions of service of the Chairperson and the Members of the Women Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the Members of the Women Commission shall not, so long as they hold office, be varied to their disadvantage.
(7) A person once appointed as the Chairperson or a Member of the Women Commission shall not be eligible for appointment in any other government service.
Provided that-
(a) nothing in this clause shall be deemed to be a bar to the appointment of a Member of the Women Commission as its Chairperson, and when a Member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the Member.
(b) nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
(8) The Federal Government may by law specify the functions, duties and powers of the Women Commission; and such functions, duties and powers shall include conducting studies and research works on the women in Nepal and making opinions, recommendations and suggestions in that respect. The Women Commission may so delegate any of its functions, duties and powers to any of its members, a committee of such members or any employee of the Federal or Provincial Government as to be exercised and complied with subject to the specified conditions.
211. Annual Report:
(1) The Federal Women Commission shall, every year, submit to the Federal Parliament an annual report on the works it has performed.
(2) The annual report to be submitted pursuant to clause (1) shall set out, inter alia, the details of activities carried out by the Women Commission throughout the year.
212. Provincial Women Commission:
A Provincial State may, by law, constitute a Provincial Women Commission; and specify the qualification, appointment, remuneration and other conditions of service of, and functions, duties and powers of, such a Commission. The remuneration and other conditions of service of the chairperson and the members of such a Commission shall not, so long as they hold office, be varied to their disadvantage.
213. Muslims and Religious Minorities Commission:
(1) There shall be a Federal Muslims and Religious Minorities Commission of Nepal, consisting of the Chairperson and such number of other Members as may be required.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and the Members of the Muslims and Religious Minorities Commission, from amongst the persons who possess the qualification as referred to in clause (3), for a term of six years.
Provided that-
(a) if, before the expiry of his or her term, the Chairperson or a Member of the Muslims and Religious Minorities Commission attains the age of sixty-five years, he or she shall cease to hold office.
(b) the Chairperson or a Member of the Muslims and Religious Minorities Commission may be removed from his or her office by a decision of two-thirds majority of both the Houses of the Federal Parliament.
(3) At least fifty percent of the total number of the members of the Muslims and Religious Minorities Commission shall be appointed from amongst the persons who have worked for twenty or more than twenty years in any government service or have remained active in the filed of the rights of the Muslims and religious minorities and the rest of the members shall be appointed from amongst the persons who hold reputation after having done research, investigation, teaching or any other significant work in the field of sociology or any other significant work.
(4) The functions, duties and powers of the Muslims and Religious Minorities Commission shall be as determined by law.
214. The Disabled, Sexual and Gender and Other Minorities Commission:
(1) There shall be a Federal Disabled, Sexual and Gender and Other Minorities Commission of Nepal, consisting of the Chairperson and such number of other Members as may be required.
(2) The President shall appoint the Chairperson and the Members of the Disabled, Sexual and Gender and Other Minorities Commission, out of those elected by the lower House of the Federal Parliament, from amongst the persons who belong to minorities, tribes in the verge of extinction, the disabled, sexual and gender and other minorities and possess the qualification as referred to in clause (3), for a term of six years.
Provided that-
(a) if, before the expiry of his or her term, the Chairperson or a Member of the Disabled, Sexual and Gender and Other Minorities Commission attains the age of sixty-five years, he or she shall cease to hold office.
(b) the Chairperson or a Member of the Disabled, Sexual and Gender and Other Minorities Commission may be removed from his or her office by a decision of two-thirds majority of both the Houses of the Federal Parliament.
(3) At least fifty percent of the total number of the members of the Disabled, Sexual and Gender and Other Minorities Commission shall be appointed from amongst the persons who have worked for ten or more than ten years in any government service or have remained active in the filed of rights of the disabled, sexual and gender and other minorities and the rest of the members shall be appointed from amongst the persons who hold reputation after having done research, investigation, teaching or any other significant work in the field of science, technology, art, literature, law, public administration, sociology or any other important work.
(4) The office of the Chairperson or a member of the Disabled, Sexual and Gender and Other Minorities Commission shall be deemed vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if, pursuant to clause (2), his or her term expires or he or she ceases to hold his or her office; or
(c) if he or she dies.
(5) No person shall be eligible to be appointed as the Chairperson or a Member of the Disabled, Sexual and Gender and Other Minorities Commission unless he or she possesses the following qualification:
(a) holding a master's degree from a university recognized by the Government of Nepal;
(b) not being a member of any political party at the time of appointment;
(c) having attained the age of forty years; and
(d) being of high moral character.
(6) The remuneration and other conditions of service of the Chairperson and the Members of the Disabled, Sexual and Gender and Other Minorities Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the Members of the Disabled, Sexual and Gender and Other Minorities Commission shall not, so long as they hold office, be varied to their disadvantage.
Provided that-
(a) nothing in this clause shall be deemed to be a bar to the appointment of a Member of the Disabled, Sexual and Gender and Other Minorities Commission as its Chairperson, and when a Member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the Member.
(b) nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
(7) The Federal Government may, by law, specify the functions, duties and powers of the Disabled, Sexual and Gender and Other Minorities Commission; and such functions, duties and powers shall include conducting studies and research works on the sexual and gender and other minorities in Nepal and making opinions, recommendations and suggestions in that respect. The Disabled, Sexual and Gender and Other Minorities Commission may so delegate any of its functions, duties and powers to any of its members, a committee of such members or any employee of the Federal or Provincial Government as to be exercised and complied with subject to the specified conditions.
215. Annual Report:
(1) The Disabled, Sexual and Gender and Other Minorities Commission shall, every year, submit to the Federal Parliament an annual report on the works it has performed.
(2) The annual report to be submitted pursuant to clause (1) shall set out, inter alia, the details of activities carried out by the Disabled, Sexual and Gender and Other Minorities Commission throughout the year.
216. Provincial Disabled, Sexual and Gender and Other Minorities Commission:
A Provincial State may, by law, constitute a Provincial Disabled, Sexual and Gender and Other Minorities Commission; and specify the qualification, appointment, remuneration and other conditions of service of, and functions, duties and powers of, such a Commission. The remuneration and other conditions of service of the chairperson and the members of such a Commission shall not, so long as they hold office, be varied to their disadvantage.
217. Indigenous Peoples, Language and Culture Commission:
(1) There shall be a Federal Indigenous Peoples, Language and Culture Commission of Nepal, consisting of the Chairperson and such number of other Members as may be required.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and the Members of the Indigenous Peoples, Language and Culture Commission from amongst the persons who possess the qualification as referred to in clause (3), for a term of six years.
Provided that-
(a) if, before the expiry of his or her term, the Chairperson or a Member of the Indigenous Peoples, Language and Culture Commission attains the age of sixty-five years, he or she shall cease to hold office.
(b) the Chairperson or a Member of the Indigenous Peoples, Language and Culture Commission may be removed from his or her office by a decision of two-thirds majority of both the Houses of the Federal Parliament.
(3) At least fifty percent of the total number of the members of the Indigenous Peoples, Language and Culture Commission shall be appointed from amongst the persons who have worked for twenty or more than twenty years in any government service or have remained active in the filed of rights of the languages, scripts and rights of the indigenous peoples and the rest of the members shall be appointed from amongst the persons who hold reputation after having done research, investigation, teaching or any other significant work in the field of science, technology, art, literature, law, public administration, sociology or any other important work.
(4) The office of the Chairperson or a member of the Indigenous Peoples, Language and Culture Commission shall be deemed vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if, pursuant to clause (2), his or her term expires or he or she ceases to hold his or her office; or
(c) if he or she dies.
(5) No person shall be eligible to be appointed as the Chairperson or a Member of the Indigenous Peoples, Language and Culture Commission unless he or she possesses the following qualification:
(a) holding a master's degree from a university recognized by the Government of Nepal;
(b) not being a member of any political party at the time of appointment;
(c) having attained the age of forty years; and
(d) being of high moral character.
(6) The remuneration and other conditions of service of the Chairperson and the Members of the Indigenous Peoples, Language and Culture Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the Members of Indigenous Peoples, Language and Culture Commission shall not, so long as they hold office, be varied to their disadvantage.
Provided that-
(a) nothing in this clause shall be deemed to be a bar to the appointment of a Member of the Indigenous Peoples, Language and Culture Commission as its Chairperson, and when a Member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the Member.
(b) nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
(7) The Federal Government may, by law, specify the functions, duties and powers of the Indigenous Peoples, Language and Culture Commission; and such functions, duties and powers shall include conducting studies and research works on the sexual and gender and other minorities in Nepal and making opinions, recommendations and suggestions in that respect. The Indigenous Peoples, Language and Culture Commission may so delegate any of its functions, duties and powers to any of its members, a committee of such members or any employee of the Federal or Provincial Government as to be exercised and complied with subject to the specified conditions.
218. Annual Report:
(1) The Indigenous Peoples, Language and Culture Commission shall, every year, submit to the Federal Parliament an annual report on the works it has performed.
(2) The annual report to be submitted pursuant to clause (1) shall set out, inter alia, the details of activities carried out by the Indigenous Peoples, Language and Culture Commission throughout the year.
219. Provincial Indigenous Peoples, Language and Culture Commission:
A Provincial State may, by law, constitute a Provincial Indigenous Peoples, Language and Culture Commission; and specify the qualification, appointment, remuneration and other conditions of service of, and functions, duties and powers of, the Chairperson and Members of such a Commission. The remuneration and other conditions of service of the chairperson and the members of such a Commission shall not, so long as they hold office, be varied to their disadvantage.
220. Land Commission:
(1) There shall be a Federal Land Commission of Nepal, consisting of the Chairperson and such number of other Members as may be required.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and the Members of the Land Commission from amongst the persons who possess the qualification as referred to in clause (3), for a term of six years.
Provided that-
(a) if, before the expiry of his or her term, the Chairperson or a Member of the Land Commission attains the age of sixty-five years, he or she shall cease to hold office.
(b) the Chairperson or a Member of the Land Commission may be removed from his or her office by a decision of two-thirds majority of both the Houses of the Federal Parliament.
(3) At least fifty percent of the total number of the members of the Land Commission shall be appointed from amongst the persons who have worked for twenty or more than twenty years in any government service or have remained active in the filed of the right to land and the rest of the members shall be appointed from amongst the persons who hold reputation after having done research, investigation, teaching or any other significant work in the field of science, technology, art, literature, law, public administration, sociology or in any other field of national life or any other important work.
(4) The office of the Chairperson or a member of Land Commission shall be deemed vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if, pursuant to clause (2), his or her term expires or he or she ceases to hold his or her office; or
(c) if he or she dies.
(5) No person shall be eligible to be appointed as the Chairperson or a Member of the Land Commission unless he or she possesses the following qualification:
(a) holding a master's degree from a university recognized by the Government of Nepal;
(b) not being a member of any political party at the time of appointment;
(c) having attained the age of forty years; and
(d) being of high moral character.
(6) The remuneration and other conditions of service of the Chairperson and the Members of the Land Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the Members of the Land Commission shall not, so long as they hold office, be varied to their disadvantage.
Provided that-
(a) nothing in this clause shall be deemed to be a bar to the appointment of a Member of the Land Commission as its Chairperson, and when a Member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the Member.
(b) nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
(7) The Federal Government may, by law, specify the functions, duties and powers of the Land Commission; and such functions, duties and powers shall include conducting studies and research works on the lands in Nepal and making opinions, recommendations and suggestions in that respect. The Land Commission may so delegate any of its functions, duties and powers to any of its members, a committee of such members or any employee of the Federal or Provincial Government as to be exercised and complied with subject to the specified conditions.
221. Annual Report:
(1) The Land Commission shall, every year, submit to the Federal Parliament an annual report on the works it has performed.
(2) The annual report to be submitted pursuant to clause (1) shall set out, inter alia, the details of activities carried out by the Land Commission throughout the year.
222. Provincial Land Commission:
A Provincial State may, by law, constitute a Provincial Land Commission; and specify the qualification, appointment, remuneration and other conditions of service of, and functions, duties and powers of, the Chairperson and Members of such a Commission. The remuneration and other conditions of service of the Chairperson and the Members of such a Commission shall not, so long as they hold office, be varied to their disadvantage.
223. Natural Resources and Heritages Commission:
(1) There shall be a Federal Natural Resources and Heritages Commission of Nepal, consisting of the Chairperson and such number of other Members as may be required.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and the Members of the Natural Resources and Heritages Commission from amongst the persons who possess the qualification as referred to in clause (3), for a term of six years.
Provided that-
(a) if, before the expiry of his or her term, the Chairperson or a Member of the Natural Resources and Heritages Commission attains the age of sixty-five years, he or she shall cease to hold office.
(b) the Chairperson or a Member of the Natural Resources and Heritages Commission may be removed from his or her office by a decision of two-thirds majority of both the Houses of the Federal Parliament.
(3) At least fifty percent of the total number of the members of the Natural Resources and Heritages Commission shall be appointed from amongst the persons who have worked for twenty or more than twenty years in any government service or have remained active in the filed of natural resources and heritages and the rest of the members shall be appointed from amongst the persons who hold reputation after having done research, investigation, teaching or any other significant work in the field of science, technology, art, literature, law, public administration, sociology or in any other field of national life or any other important work.
(4) The office of the Chairperson or a member of the Natural Resources and Heritages Commission shall be deemed vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President;
(b) if, pursuant to clause (2), his or her term expires or he or she ceases to hold his or her office; or
(c) if he or she dies.
(5) No person shall be eligible to be appointed as the Chairperson or a Member of the Natural Resources and Heritages Commission unless he or she possesses the following qualification:
(a) holding a master's degree from a university recognized by the Government of Nepal;
(b) not being a member of any political party at the time of appointment;
(c) having attained the age of forty years; and
(d) being of high moral character.
(6) The remuneration and other conditions of service of the Chairperson and the Members of the Natural Resources and Heritages Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the Members of the Natural Resources and Heritages Commission shall not, so long as they hold office, be varied to their disadvantage.
Provided that-
(a) nothing in this clause shall be deemed to be a bar to the appointment of a Member of the Natural Resources and Heritages Commission as its Chairperson, and when a Member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the Member.
(b) nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
(7) The Federal Government may, by law, specify the functions, duties and powers of the Natural Resources and Heritages Commission; and such functions, duties and powers shall include conducting studies and research works on the natural resources and heritages in Nepal and making opinions, recommendations and suggestions in that respect. The Natural Resources and Heritages Commission may so delegate any of its functions, duties and powers to any of its members, a committee of such members or any employee of the Federal or Provincial Government as to be exercised and complied with subject to the specified conditions.
224. Annual Report:
(1) The Natural Resources and Heritages Commission shall, every year, submit to the Federal Parliament an annual report on the works it has performed.
(2) The annual report to be submitted pursuant to clause (1) shall set out, inter alia, the details of activities carried out by the Natural Resources and Heritages Commission throughout the year.
225. Provincial Natural Resources and Heritages Commission:
A Provincial State may, by law, constitute a Provincial Natural Resources and Heritages Commission; and specify the qualification, appointment, remuneration and other conditions of service of, and functions, duties and powers of, the Chairperson and Members of such a Commission. The remuneration and other conditions of service of the chairperson and the members of such a Commission shall not, so long as they hold office, be varied to their disadvantage.
Part 125
Political Parties
226. Prohibition on Imposition of Restrictions on Political Parties:
(1) Persons who are committed to common political ideology, philosophy and program shall, subject to laws made under proviso (3) to clause (2) of Article 11, be entitled to form and operate political 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 ideology, philosophy and program or to carry out any other activity for this purpose. Any law, arrangement or decision which restricts any of such activities shall be deemed to be inconsistent with this Constitution and shall, ipso facto, be void.
(2) Any law, arrangement or decision which allows for participation or involvement of only a single political party or persons having similar political ideology, philosophy or program in the elections or in the political system of, or in the conduct of governance of, the country shall be inconsistent with this Constitution and shall, ipso facto, be void.
227. Registration Required for Securing Recognition for the Purpose of Contesting Elections as Political Party:
(1) Every political party wishing to secure recognition from the Election Commission for the purposes of elections shall be required to register it with the Election Commission in fulfilment of the procedures as determined by the Election Commission. The name of any political party failing to have such registration shall be removed from the list of the Election Commission.
(2) A petition to be made for registration pursuant to clause (1) shall be accompanied by the constitution, manifesto and rules of the political party proposed to be registered, and contain, inter alia, the following details:
(a) Name of the political party and address of its headquarters;
(b) The names and addresses of the members and other office bearers of the executive committee or of similar other committee of the political party;
(c) Details of funds of income source of the political party and resources for bringing about such funds.
(3) Every political party shall be required to fulfil the following conditions in order to qualify for registration pursuant to clause (1):
(a) The constitution and rules of the political party must be democratic and republican;
(b) The constitution or rules of the political party must provide for election of office-bearers of the party at all levels at least once in every five years;
(c) There must be an inclusive provision that the executive committees at various levels include the members from women, Dalit, indigenous peoples and the excluded and oppressed sectors; and
(d) The constitution of the party must have an effective provision to maintain discipline of its members.
(4) The Election Commission shall not register any political party or organization which discriminates against any citizen of Nepal in becoming its member merely on the basis of religion, caste, tribe, language, sexual orientation and sexual identity or sex or the name, objective, insignia or flag of which is of such a nature as to jeopardize the religious and communal unity of the country or to fragment the country or the constitution or rules of such party or organization have the objective of protecting and promoting party-less or single party system.
(5) A petition bearing signature, with support, of at least ten thousand voters shall be required for the purpose of registration of a party for election.
Provided that this provision shall not apply to the parties representing to the Interim Federal Parliament.
Provisions on the establishment, registration, recognition of political parties and other matters, other than those mentioned in this Part, shall be as provided in law.
228. Registration of Parties at Provincial Level:
The Election Commission shall make necessary arrangements for the registration of parties also at the provincial level for the purposes of provincial elections.
PART 26
Emergency Power
229. Emergency Power:
(1) If a grave emergency arises in regard to the sovereignty or integrity of the State of Nepal or the security of any part thereof, whether by war, external aggression, armed rebellion or extreme economic disarray, the Head of State may, on recommendation of the Federal Council of Ministers, declare or order by proclamation a state of emergency in respect of the whole of the State of Nepal or of any specified part thereof.
(2) Every proclamation or order issued under clause (1) shall be laid before a meeting of the Federal Parliament for approval within one month from the date of issuance of such proclamation or order.
(3) If a proclamation or order laid for approval pursuant to clause (2) is approved by a two-third majority of the members present in the meeting of both the Houses of the Federal Parliament, such proclamation or order shall continue in force for a period of three months from the date of its issuance.
(4) If a proclamation or order laid before a meeting of the meeting of the Federal Parliament for approval pursuant to clause (2) is not approved pursuant to clause (3), such a proclamation or order shall ipso facto be deemed to cease to operate.
(5) Before the expiration of the period referred to in clause (3), if a meeting of the Federal Parliament, by a two-third majority of the members present therein, passes a resolution to the effect that the circumstances referred to in clause (1) continue to exist, it may extend the period of the proclamation or order of the state of emergency for one other period, not exceeding three months as specified in such resolution.
(6) After a state of emergency has been declared or order issued pursuant to clause (1), the President may, on recommendation of the Federal Council of Ministers, 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.
(7) After the making of a proclamation or order of a state of emergency pursuant to clause (1), the Federal Council of Ministers may issue necessary directives to the Provincial Council of Ministers for the prevention of such circumstances. It shall be the duty of the Provincial Council of Ministers to carry out such directives during the existence of the state of emergency. The Federal Council of Ministers may suspend the Provincial Council of Ministers which does not carry out the directives so issued and enforce a direct federal administration during the existence of the state of emergency.
(8) The President may, at the time of making a proclamation or order of a state of emergency pursuant to clause (1), suspend the fundamental rights as provided in Part 3 for as long as the proclamation or order is in existence.
Provided that fundamental rights related to Articles 12, 13, 15, 16, 17, 19, 20, 21, 28, 30 and 31, the right to constitutional remedy and the right to the remedy of habeas corpus shall not be suspended.
(9) In cases where any Article of this Constitution has been suspended pursuant to clause (7), no petition may lie in any court for the enforcement of the fundamental right conferred by such Article nor may a question be raised in any court in that respect.
(10) If, during the existence of a proclamation or order under clause (1), any damage is inflicted upon any person from any act done by any official 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 provided.
(11) A proclamation or order of a state of emergency issued pursuant to clause (1) may be revoked by the Federal Council of Ministers, at any time during its existence.
Part 27
Provisions Relating to Army
230. Constitution of the Nepal Army:
(1) There shall be an organization of the Nepal Army in Nepal.
(2) The Federal Council of Ministers shall appoint the Commander-in-Chief of the Nepal Army.
(3) The Federal Council of Ministers shall control, mobilize and manage the Nepal Army in accordance with law.
(4) Other matters pertaining to the Nepal Army shall be as provided in law.
231. National Defence Council:
(1) There shall be a National Defence Council of Nepal for making recommendation to the Federal Council of Ministers for the mobilization, operation and use of the Nepal Army, which shall consist of the following as the chairperson and members:
(a) The Prime Minister - Chairperson
(b) The Minister for Defence - Member
(c) The Minister for Home Affairs - Member
(2) In cases where the same person is both the Prime Minister and the Minister for Defence, the senior-most Member of the Council of Ministers shall be the Member of the National Defence Council.
(3) The National Defence Council may invite any other person at its meeting, as per necessity.
(4) The Secretary at the Ministry of Defence shall act as the secretary of the National Defence Council; and in his or her absence, any officer designated by the Prime Minister shall carry out such act.
(5) Except in cases where the Nepal Army has been mobilized by reason of natural calamity, any decision made by the Federal Council of Ministers, on the mobilization of Army shall be presented in and approved by the special committee as specified by the Federal Parliament no later than one month.
(6) The National Defence Council may set its rules of procedure on its own.
Part 28
Amendment to Constitution
232. Amendment to Constitution:
A Bill to amend or repeal any Article of this Constitution may be introduced in either House of the Federal Parliament. Such amendment Bill must be passed by a two-third majority of all the then members of both the Houses of the Federal Parliament. If the Bill so passed is ratified by a simple majority of the Provincial Parliaments of a majority of Provinces, the Bill may be enforced.
Part 29
Miscellaneous
233. Constitutional Council:
(1) There shall be a Constitutional Council for making recommendations for appointment of officials to Constitutional Bodies in accordance with this Constitution. It shall consist of the following as the Chairperson and Members:
(a) The Prime Minister -Chairperson
(b) The Chief Justice -Member
(c) The Speaker of the Federal Parliament -Member
(d) The Chairperson of the Upper House -Member
(e) Leader of Opposition Party in the Legislature-Parliament
-Member
(2) While making recommendation for appointment to the office of the Chief Justice in the event that such office falls vacant, the Constitutional Council shall include the Minister for Law and Justice as its Member.
(3) The procedures on the appointment of officials to Constitutional Bodies and other functions, duties and powers and rules of procedures of the Constitutional Council shall be as determined by law.
(4) The Chief Secretary of the Government of Nepal shall act as the secretary of the Constitutional Council.
(5) Nepalese Ambassadors and Emissaries: The Council of Ministers may appoint the Nepalese ambassadors, and special emissaries for any specific purposes.
234. Pardons:
The President shall have the power to grant pardons and to suspend, commute or remit any sentence passed by any court, special court, and military court or by any other judicial, quasi-judicial or administrative authority or body.
235. Titles, Honours and Decorations:
The titles, honours and decorations to be conferred on behalf of the State shall be conferred by the President.
236. Constitution of Federal Government Service:
The Federal Government of Nepal may, in order to run the administration of the country, constitute the Federal Civil Service and such other Government Services as may be required. The constitution, operation and conditions of service of such Services shall be as determined by an Act.
237. Constitution of Provincial Government Service:
(1) The Provincial Government may, in order to run the administration of the country, constitute the Provincial Civil Service and such other Provincial Government Services as may be required. The constitution, operation and conditions of service of such Services shall be as determined by an Act.
(2) The Federal Government may, on the requisition by the Provincial Government, depute any employees of the Federal civil service for services of the Provincial Government. The salary, allowances and facilities of the employees so deputed shall be borne by the Provincial Government.
238. Provision Relating to Citizenship of Office-bearers of Constitutional Bodies:
One has to be a citizen of Nepal by descent or birth in order to be appointed to the any constitutional office to be appointed under this Act.
239. Ratification of, Accession to, Acceptance of, or Approval of, Treaties or Agreements:
(1) The ratification of, accession to, acceptance of, or approval of, treaties or agreements to which the State of Nepal or the Government of Nepal is to become a party shall be as determined by law.
(2) Any law to be made pursuant to clause (1) shall, inter alia, require that the ratification of, accession to, acceptance of, or approval of, treaties or agreements on the following subjects must be made by a two-third majority of all the then members of the Federal Parliament:
(a) Peace and friendship;
(b) Defence and strategic alliance;
(c) Boundaries of the State of Nepal; and
(d) Natural resources, and the distribution of their uses.
Provided that out of the treaties or agreements 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 made by a simple majority of the members present in a meeting of the Federal Parliament.
(3) After the commencement of this Constitution, unless a treaty or agreement is ratified, acceded to, accepted or approved in accordance with this Article, such treaty or agreement shall not be deemed to have come into force for the Government of Nepal or the State of Nepal.
(4) Notwithstanding anything contained in clauses (1) and (2), no treaty or agreement shall be concluded in detrimental to the territorial integrity of the State of Nepal.
240. Right to Autonomy and Self-determination:
(1) All the communities who have resided as indigenous landlords since ancient times prior to the political demarcation of modern Nepal shall, irrespective of their present habitation and status, shall have the right to self-governance including the right to self-determination for their respective political, economic, cultural and linguistic protection and promotion, while keeping up with their indigenous identity.
Provided that:
Where peoples belonging to any other different communities have also been permanently residing in such areas since different times ago, they shall have the right to self determine either to continue to reside in such areas or to be transferred to any state territory self-governed by their own indigenous communities.
When the peoples of these communities voluntarily choose to continue their residence in the areas where they have been residing, they shall have the right to proportional representation in all levels and areas of the policy making.
All the rights and facilities shall be ensured, without discrimination, and in conformity with this Constitution and the international values and norms relating to human rights, to various minorities' communities residing in any area of the State of Nepal.
(2) The communities concerned shall have the right of first preference to take political leadership of their traditional indigenous lands by making distinct territorial, zonal, district, municipal, rural or Ilaka level autonomous political units according to international norms and values on self-governance.
(3) The communities concerned under the self-governing political units shall have the right to frame and enforce separate constitutions and laws according to their needs on their indigenous lands in such a manner that such constitutions and laws are not inconsistent with the main Constitution of the State and are in consonance with the universal concepts of human rights.
(4) The self-governing governments shall be free to materialize their language, religion, culture, usages, faith, norms and occupation of their respective communities and make legal provisions required for the protection and promotion thereof.
(5) The self-governing governments shall have the right to formulate required policies and regulations relating to their own monetary system, education, communication, finance, commerce, transportation, postal service, immigration, environmental, natural resources management and tax, among others, select and enforce development and construction projects within their respective political units and the right to share fruits of development.
(6) The self-governing states shall have the right to mobilize required security mechanism with the consent and permission of the Central Government for peace, order and security within their territories.
(7) The communities of self-governing territories shall have the right, under the right to self-determination, to merge or be themselves merged with any other autonomous units; and in the similar fashion, any other different communities remaining as sub-autonomous units within the same autonomous political unit shall have the right to secede and form autonomous units of their own.
(8) All territorial, zonal, district, municipal, rural or Ilaka level autonomous political units shall have the same constitutional statues irrespective of the size of their geographical/territory and population.
(9) The right of self-determination of those communities which do not have certain historical lands but are scattered in various places of Nepal at the moment shall be respected and their non-territorial/regional representation in various levels of the State shall be ensured.
(10) The self-governing states shall have the right to enhance mutual assistance existing between the self-governing states, remain effortful for the settlement of any conflicts that may arise between such states or to seek assistance of the central Government in that respect.
241. Special Attention To Be Accorded To Backward Provinces:
The Federal Government shall, in providing financial grants to Provinces, make special provision, based on the principle of compensation, for the Provinces with the Karnali region until such Provinces are developed on equal footing with other Provinces; and the Federal and Provincial Governments shall provide special support and assistance in projects relating to education, transportation, health, macro-hydropower, herbs processing industries, among others.
242. Reservation for Dalits:
The Federal and Provincial Governments shall, based on the principle of positive discrimination, provide for reservation for the Dalits scheduled in Schedule-4, in proportion to their population in governmental, semi-governmental and military bodies as well as in political, economic, educational and employment fields; and shall enforce special policies for their economic and social upliftment.
243. Mountainous Zone High Level Commission:
The Federal Government shall constitute a high level commission to conduct studies on the demands of the mountainous zone or region. The constitution, functions, duties and powers of the commission shall be as provided in law.
244. Reservation for Minorities:
The Federal and Provincial Governments shall, based on the principle of positive discrimination, provide for reservation by 15 percent in all kinds of opportunities and services to be delivered and provided by the
State and in governmental and semi-governmental bodies for racial, class, regional, linguistic, cultural, religious and gender minorities existing in the State, in proportion to their population, and shall enforce special policies for their economic and social upliftment.
245. Protection of Properties of Marginalized, Indigenous Peoples:
The competent authorities of any special autonomous region or self-governing territory may make and enforce required laws restricting the transfer of any immovable properties belonging to the concerned indigenous peoples residing in that region or territory only to the peoples belonging to the same communities.
246. Power To Remove Difficulties:
If any difficulty arises in connection with the implementation of this Constitution, the Federal Council of Ministers may issue any orders to remove such difficulty; and such orders have to be ratified by both the Houses of the Federal Parliament within one month.
247. Existing Laws To Remain In Force:
The laws existing at the time of commencement of this Constitution shall continue to be in force unless and until such laws are repealed or amended.
Provided that any law which is inconsistent with this Constitution shall ipso facto be invalid to the extent of such inconsistency, after one year of the commencement of this Constitution.
Part 30
Transitional Provisions
248. Provisions Relating to the Council of Ministers:
(1) The Council of Ministers existing at the time of commencement of this Constitution shall be deemed to have been constituted under this Constitution.
(2) The Council of Ministers as referred to in clause (1) shall exist until the Council of Ministers is constituted pursuant to Article 43.
249. Provisions Relating to the Federal Parliament:
(1) The Constituent Assembly shall perform the business of the Federal Parliament until the Federal Parliament is formed through election in accordance with this Constitution, upon the promulgation of this Constitution.
(2) The Parliament Secretariat existing at the time of promulgation of this Constitution and the officials and employees serving in that Secretariat shall be deemed to be the Federal Parliament Secretariat as referred to in this Constitution and to be appointed as officials and employees thereof.
250. Provisions Relating to Federal Judiciary:
(1) The Supreme Court, Appellate Courts and Districts Courts existing at the time of commencement of this Constitution shall continue to exist until judicial restructuring is made upon the commencement of this Constitution. This Constitution shall not be deemed to bar the disposal by the respective Courts of the cases filed prior to the commencement of this Constitution.
(2) Upon the judicial restructuring in pursuance of this Constitution, the cases pending in the then existing Supreme Court, Appellate Courts and Districts Courts shall be transferred to the concerned equivalent courts.
251. Provisions Relating to Constitutional Bodies and Officials Thereof:
(1) Out of the Constitutional Bodies and Officials thereof existing at the commencement of this Constitution, those Bodies and Officials which or who are not mentioned in this Constitution shall cease to exist after the commencement of this Constitution.
(2) The Constitutional Bodies existing at the commencement of this Constitution shall be deemed to have been established under this Constitution; and this Constitution shall not be deemed to prevent from giving continuity to the issues pending in these Bodies pursuant to the laws in force.
252. Special Powers of Provinces:
If any Province wishes to substitute the constitutional provisions relating to Provinces as set forth in this Constitution, the Province may form a Provincial Constituent Assembly and enforce the Provincial legislation made by that assembly in such a manner that such legislation is not inconsistent with this Constitution. After the commencement of such Provincial legislation, the Provincial matters shall be governed by that legislation.
253. Allocation of Powers:
The Federal Government shall have executive and legislative powers in relation to the federal matters, the Provincial Government shall have such powers in relation to the provincial matters and both Governments shall have concurrent powers in relation to the concurrent matters as set forth in Schedule-1. If, in relation to any concurrent matter, the Federal law or Federal policy or order is inconsistent with the Provincial law or Provincial policy or order, then the Provincial law or Provincial policy or order shall be void to the extent of such inconsistency.
254. Existing Laws To Remain In Force:
The laws existing at the time of commencement of this Constitution shall continue to be in force unless and until such laws are repealed or amended.
Provided that any law which is inconsistent with this Constitution shall ipso facto be invalid to the extent of such inconsistency, after one year of the commencement of this Constitution.
Part 31
Definitions
255. Definitions:
(1) Unless the subject or the context otherwise requires, in this Constitution:
(a) "Article" shall mean an Article of this Constitution.
(b) "Nepal" shall mean the Federal, Democratic, Republican State of Nepal.
(c) "Citizen" shall mean a citizen of Nepal.
(d) "Bill" shall mean a draft of Constitution or Act which has been introduced in the Federal Parliament or the Provincial Parliament.
(e) "Remuneration" shall mean and include salary, allowances, pension and any other forms of emoluments and privileges.
(f) “State” shall mean the federal, provincial and local governments, constitutional and all other governmental and semi-governmental bodies or organizations.
(2) Unless the subject or the context otherwise requires, the prevailing legal provisions on interpretation of law 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.
Schedule-1
Allocation of powers between the Federal Government and the Provincial Government
Federal List
Defence,
Foreign Affairs,
Currency,
Large-scale industries,
National railways,
Central Bank and Financial Institutions,
International Trade,
Customs,
Value Added Tax,
Offences related with the foregoing matters.
Provincial List
Health,
Education,
Agriculture,
Industries,
Forests,
Local Peace, Security and Police Administration,
Transportation,
Water Supply and Sanitation,
Small Electricity Project,
Liquors,
Province Level Mines and Minerals,
Province Level Development Infrastructures,
Arts, Culture, Heritages,
Land Reforms and Land Management,
Trade, Business,
Livestock Farming,
High Court,
District Court,
Community Court,
Wealth Tax,
Land revenue,
Business Tax,
Transportation tax,
Local Tax,
Population Management,
Income Tax,
Offences related with the foregoing matters,
Matters other than those set forth in the Federal List and the Concurrent List.
Concurrent List
Large Electricity Projects,
Highways,
Airports,
Large Mineral Resources,
National Parks,
Postal Service,
National Level Irrigation,
Information and Communication,
Higher Education,
Water Resources,
Offence related Law,
Criminal Law,
Civil Law,
Prison,
Economic and Social Planning,
Labour Related Matters,
Social Benefits and Security,
Public Health,
Inter-Provincial Trade,
Inter-Provincial Waterways,
Cinema,
National Level Educational Institutes,
World Heritages,
Offences related with the foregoing matters.
Schedule-2
Provinces, Special Autonomous Regions and Self-governing Territories
The Federal Democratic Republic shall consist of the following Autonomous Regions. Provided that, with the consent of the concerned Province, the Federal Parliament may, as required, alter or change the designations of the Provinces, Special Autonomous Regions and Self-governing Territories. A commission including experts may be constituted for this purpose.
Autonomous Provinces:
Limbuwan Autonomous Province;
Khambuwan Autonomous Province;
Tamangsaling Autonomous Province;
Nepalmandal Autonomous Province;
Tamuwan Autonomous Province;
Magrat Autonomous Province;
East Khasan (Karnali Pradesh) Autonomous Province;
West Khasan Autonomous Province;
Tharuhat Autonomous Province;
Abadhi Autonomous Province;
Bhojpuri Autonomous Province; and
Maithili/Theti Madhesh Autonomous Province.
Special Autonomous Regions
Thakali Autonomous Region;
Sherpa Autonomous Region (in virtue of the provision of the high commission under Article 186 for Himali Region);
Kochila Autonomous Region;
Shalesh Autonomous Region;
Yakkha Autonomous Region;
Lapcha Autonomous Region;
Hayu Autonomous Region;
Jirel Autonomous Region;
Chepang Autonomous Region;
Thami Autonomous Region;
Darai Autonomous Region;
Sunuwar Autonomous Region;
Danuwar Autonomous Region;
Baramu Autonomous Region;
Dura Autonomous Region;
Chhantel Autonomous Region;
Raji Autonomous Region;
Vya-Si Autonomous Region;
Kumal Autonomous Region;
Surel Autonomous Region.
Self-governing Territories
Raute self-governing Territory;
Majhi self-governing Territory;
Dalit self-governing Territory.
The tribes, linguistic, cultural communities who reside in any Special Autonomous Region and concerned Province but whose locus or origin is not known shall have a self-governing territory.
Schedule-3
Scheduled Indigenous/Peoples
Kisan
Kumal
Kushbadiya
Kusunda
Gangai
Gurung
Chepang
Chhantyal
Chhairotan
Jirel
Jhagad
Dolpo
Tanggawe
Tajpuriya
Tamang
Teen Gaunle Thakali
Toke Gola
Thakali
Thami
Tharu
Thudam
Danuwar
Darai
Dura
Dhanu (Rajbansi)
Dhimal
Newar
Pahari
Phree
Bankariya
Baramu
Bahra Gaunle
Bote
Bhujel
Bhote
Magar
Majhi
Marpha Thakali
Mugali
Meche (Bode)
Yakhha
Rai
Raute
Rajbani (Koch)
Raji
Larke
Limbu
Lepcha
Lolhpa
Lohmi 9singasawa)
Balung
Vyasi
Sherpa
Satar(Santhal)
Siyar
Sunuwar
Surel
Hayu
Lohmo (Yolmo)
Schedule-4
Scheduled Dalit Tribes
Bishwokarma(Kami, Lohar, sunar, Tamata, Chunara, Parki)
Mijar (sarki, Charmakar, Bhul
Pariyar (Damai, Dajee, Nagarchi, Dholi)
Gandharba (Gaine0
Badi
Kalar
Kakaihiya
Kori(Karori)
Khatik
Kathwe (Mandal, Khange)
Chamar(Ram, harijan, Mochi, Rabidas)
Chidimar
Dom(Marik/Dhanikar)
Tatma(Tanti/Das)
Paswan(Dusadh, Hajara)
Dhobi/Rajak)
Pattharkatta
Pasi
Bantar
Musahar, Sada, Rishidev
Mettar
Halkhor
Sarbhanga (Satbariya)
Schedule-5
National Anthem
We, hundreds of flowers form the same garland, Nepali,
Being sovereign, spreading from Mechi to Mahakali.
We, a realm of chest of millions of natural resources,
Being independent and perpetual with the blood of braves.
We, an entity of multi-tribe, lingual, religious, cultural communities,
Praying for progression of our forward moving nation.
Schedule-6
Name-list of Model Assembly Members
Kamal Tigela Limbu, Sunsari
Bhawani Baral, Sunsari
Bir Bahadur Lepcha, Ilam
Phul Maya Limbu, Ilam
Juna Yakkha, Sunsari
Kunji Bihari Tajpuriya, Jhapa
Indrahang Khambu, Sankhuwasabha
Gyanendra Rumdali, Okhaldhunga
Tek Bahadur Raut, Udayapur
Bech Bahadur Haya, Sindhuli
Anjana Rai, Khotang
Chandrakala Rai, Bhojpur
Lakpa Tenjing Lama, Solukhumbu
Chiring Tenjung Sherpa, Solukhumbu
Ganga Prasand Das, Dhanusa
Ram Sagar Mahara, Mahottari
Anil Kumar Sada, Mahottari
Rajlal Khang (Mandal), Saptari
Birendra Kumar Sada, Siraha
Shree Jhawar Ram, Saptari
Sangita Bishwokarma, Siraha
Jagatarayan Devi Mahara, Dhanusa
Ambar Jung Singh, Sarlahi
Ushman Ansari, Parsa
Akhileshwor Chaudhari, Rautahat
Hridayanarayan Chaudhari, Sarlahi
Majahir Ansari, Parsa
Sunita Kumari Singh, Sarlahi
Sushila Panjiyar, Parsa
Ramshraya Chaudhari Tharu, Rautahat
Dhan Bahadur Majhi, Ramechhap
Sita Blon, Hetauda
Barma Lama, Dolakha
Surya Pakhrin, Sindhuli
Hari Bahadur Chepang, Makawanpur
Daya Tamang, Rasuwa
Bel Bahadur Darai, Sindhuli
Parbati Sunwar, Sindhuli
Narbahadur Danuwar, Makawanpur
Narendra Pradhan, Nuwakot
Ashesh Saiju, Panauti
Ratnakaji Maharjan, Kathmandu
Arjun Maharjan, Lalitpur
Jamuna Maharjan, Lalitpur
Mausami Rai, Lalitpur
Sunkeshari Khiwanjar, Panauti
Mangala Karanjit, Kathmandu
Khadga Bahadur Tamu, Kaski
Dr. Rem Bahadur Tamu, Syangja
Resham Tamu, Gorkha
Kamala Tamu, Gorkha
Lokbahadur Dura, Lamjung
Kiran Kumar Baram, Gorkha
Pandit Taranath Sharma, Kaski
Lok Darshan Lamichhane, Syangja
Buddhiraj Harijan, Rupandehi
Sanjib Thapa, Rupandehi
Gyanendra Pun, Rupandehi
Rajkumar Ale, Palpa
Junu Gauchan, Rupandehi
Rima B.C., Rupandehi
Manju Chaudhari, Kapilvastu
Sajaha Khatun, Rupandehi
Bhuwan Sunar, Pyuthan
Gyanendra Kumar Pun, Pyuthan
Shiva Raj Rokha Magar, Rolpa
Goma Budha Magar, Salyan
Jyotika Roka Magar, Rukum
Bhagawati Budhamagar, Rolpa
Sita Kumari Pariyar, Rolpa
Ram Bahadur Kumal, Pyuthan
Jyul Haque, Banke
Dil B.K., Banke
Jagadish Rana, Kailali
Kaikasha Ansari, Banke
Parwati Aagri, Kailali
Renu Karki, Kanchanpur
Shyam Bahadur Chaudhari, Daang
Sahida Shah, Banke
Pabitra Phadera, Humla
Karma Thinle Lama, Mugu
Devkala Acharya, Kalikot
Tara Nepali, Jumla
Kema Lama, Mugu
Lakshman Bohara, Jumla
Bindu Shrestha, Kathmandu
Bhumika Shrestha, Kathmandu
Meena Nepali, Kavre
Shumitra Bishwokarma, Jhapa
Sunita Thapa, Kathmandu
Meena Pathak, Kathmandu
Jyoti Sherchan, Myagdi
Harichan Chhantyal, Baglung
Raji Raya Yadav, Mahottari
Kavita Nepali, Bhaktapur
Meera Khadka, Bhaktapur
Schedule-7
Constitution Drafting Committee
Coordinator - Barma Lama – Dolakha (Assembly member selected from Hetauda Centre)
Member – Lakshman Bohara – Jumla (Assembly member selected from Jumla Centre)
Member – Akhileshwor Chaudhary–Rautahat (Assembly member selected from Birgunj Centre)
Member – Resham Tamu – Gorkha (Assembly member selected from Pokhara Centre)
Member – Indra Hang Khambu–Sankhuwasabha (Assembly member selected from Gaighat Centre)
Member –Kamal Tigela Limbu– Sunsari (Assembly member selected from Dharan Centre)
Member –Goma Budha Magar – Salyan (Assembly member selected from Pyuthan Centre)
Member – Gyanendra Pun Magar–Rupandehi (Assembly member selected from Butwal Centre)
Member – Dil Bishwokarma – Banke (Assembly member selected from Nepalgunj Centre)
Member –Ganga Prasad Das –Dhanusa (Assembly member selected from Janakpur Centre)
Member –Lok Bahadur Dura – Lamjung (Assembly member selected from Pokhara Centre)
Member –Bhumika Shrestha – Sexual and Minorities Group Kathmandu
Member–Sunita Thapa –Representative of Blind/Handicapped Group, Kathmandu
Member –Sanjeev Thapa – Representative of Handicapped Group, Rupandehi
Member –Arjun Maharjan– Lalitpur (Assembly member selected from Lalitpur Centre)
Schedule-8
Business Management Consultative Committee
Jyoti Roka Magar – Chairperson
Chandrakala Rai – Vice-chairperson
Jhabbar Prasad Ram – Member secretary
Malla K. Sundar –Member
Sushila Panjiyar – Member
Parbati Sunuwar– – Member
Karma Thinle Lama – – Member
Meena Pathak – Member
Birendra Sada – Member
Schedule-9
Rules of Procedures Formulation Committee
1. Gangaprasad Das – Dhanusa
2. Ushman Ansari – Parsa
3. Dil Bishwokarma – Banke
4. Dr. Rem Bahadur Tamu – Kaski
5. Anjana Rai – Udayapur
6. Mausami Rai – Lalitpur
7. Narbahadur Danuwar – Makwanpur
8. Junu Yakkha – Sunsari
9. Goma Budha – Pyuthan
10. Rima B.C. – Rupandehi
Schedule-10
Various Thematic Committees
Fundamental Rights Committee
Chairman – Lokdarshan Lamichhane
Member -Sunkeshari Khiwanjar
Member - Sanjib Thapa
Member -Jyual Haque
Member - Sunita Sing Tharu
Member -Sumitra Bishwokarma
Member - Sita Blon
Member - Devikala Acharya
Member - Ramsagar Mahara
Member - Meena Pathak
Member - Kabita Nepali
Member - Meera Khadka
Member - Sita Kumari Pariyar
Minorities Rights Committee
Chairman – Usman Ansari
Member -Ashesh Sainju
Member - Bel Bahadur Darai
Member - Sahida Shah
Member - Junu Yakkha
Member -Hari Bahadur Chepang
Member -Tara Napali
Member -Ganga Prasad Das
Member -Bej Bahadur Hayu
Member -Bhumika Shrestha
Committee on Determination of Territory of Provinces of Federation
Chairperson – Khadka Bahadur Lamu
Member –Arjun Maharjan
Member -Indrahang Khambu
Member -Rajkumar Ale
Member -Dil Bishwokarma
Member -Hridaya Narayan Chaudhari
Member -Kamal Tigela
Member -Surya Pakhrin
Member - Sangita B.K.
Member -Goma Budha Magar
Member - Renu Karki
Committee on Allocation of Powers between the Federal Government and Provincial Government
Chairperson – Reema B. C.
Member –Mausami Rai
Member –Anjana Rai
Member –Sushila Panjiyar
Member –Bir Bahadur Lepcha
Member – Nara Bahadur Danuwar
Member –Taranath Sharma
Member –Harichan Chhantyal
Committee on Determination of Structure of Federal Government
Chairperson – Mangala Karanjit
Member -Gyanendra Rumdali
Member -Akhileshwor Chaudhary
Member -Phulmaya Limbu
Member -Daya Tamang
Member -Kamala Tamu
Member -Gyanendra Pun, Rupandehi
Member - Gyanendra Kumar Pun, Pyuthan
Member - Pabitra Phadera
Committee on Determination of Structure of Provincial Government
Chairperson – Parwati Sunuwar
Member –Narendra Pradhan
Member –Chiring Tenjing Sherpa
Member –Manju Chaudhary
Member –Amarjung Singh Tharu
Member –Kunjibihari Tajpuriya
Member –Lakshman Bohara
Member –Jagadish Rana
Member –Rajaraya Yadav
Committee on Determination of Linguistic Policy
Chairperson – Dr. Rem Bahadur Gurung Tamu
Member - Ratnakaji Maharjan
Member - Lakpa Tenjing Sherpa
Member - Shyam Narayan Chaudhary
Member - Dhan Bahadur Majhi
Member - Sajaha Khatun
Member - Shivaraj Magar
Member - Jagarayandevi Mahara
Committee on Determination of Policy on Various Constitutional Commissions
Chairperson –Bhagawati Budha Magar
Member –Bindu Shrestha
Member –Kaikasha Ansari
Member –Parwati Aagri
Member –Mojahir Ansari
Member –Rajlal Mandal
Member –Meena Nepali
Member –Sunita Thapa
Committee on Determination of Policy on Inclusion and Electoral System
Chairperson -Barma Lama
Member -Jamuna Maharjan
Member -Junu Gauchan
Member -Ranshreya Chaudhari
Member -Lok Bahadur Dura
Member -Karma Thinle Lama
Member -Kema Lama
Member -Jyoti Sherchan
Member -Bhuwan Sunar
Member -Birendra Kumar Sada
Structure of Autonomous Republic and Special Self-governing Territories Therein
Chairperson -Bhawani Kumar Baral
Member -Jagataryandevi Mahara
Member -Resham Tamu
Member -Amarjung Sing Tharu
Schedule-11
Model Constituent Assembly Consultative Committee
1. Purnaman Shakya, Advocate -Coordinator
2. Ram Prasad Shrestha , Advocate -Member
3. Kumar Ingnam , Advocate -Member
4. Sambojan Limbu , Advocate -Member
5. Niru Shrestha, Advocate -Member
Schedule-12
Secretariat Committee
Dr. Sumitra Manandhar Gurung, Chairperson, National Coalition Against Racial Discrimination
Malla K. Sundar, Member Secretary, National Coalition Against Racial Discrimination
Balkrishna Mabuhang, Treasurer, National Coalition Against Racial Discrimination
Ganga Prasad Mahara, Member, National Coalition Against Racial Discrimination
Ganesh Bishwokarma, Member, National Coalition Against Racial Discrimination
Bam Kumari Budhamagar, Member, National Coalition Against Racial Discrimination
Netra Tumbahangphey, Project Manager, National Coalition Against Racial Discrimination
Special Assistance by:
Pro. S.P. Ghai -CASU, UNDP
Pro. Jil Katrel -CASU, UNDP
Staff Involved in Program:
1. Netra Tumbahangphey –Project Manager
2. Ramnath Bishwokarma –Project Officer
3. Lagan Rai – Project Officer
4. Sarita Shrestha – Finance Officer
5. Rabindra Parchhey –Program Assistant
6. Parbata Rai –Administrative Assistant
7. Salma Banu –Administrative Assistant
8. Pramila Dangol –Office Assistant
