INTERIM CONSTITUTION OF NEPAL 2063

INTERIM CONSTITUTION
OF
NEPAL
2063 (2007)
a
CONTENTS
PREAMBLE
PART1
PRELIMINARY 1
PART 2
CITIZENSHIP 3
PART 3
FUNDAMENTAL RIGHTS 5
PART 4
RESPONSIBILITIES, DIRECTIVE PRINCIPLES & POLICIES
OF THE STATE 13
PART 5
EXECUTIVE 19
PART 6
LEGISLATURE-PARLIAMENT 22
PART 7
CONSTITUENT ASSEMBLY 28
PART 8
LEGISLATIVE PROCEDURE 36
PART 9
FINANCIAL PROCEDURE 39
PART 10
JUDICIARY 43
PART 11
COMMISSION FOR THE INVESTIGATION OF ABUSE OF
AUTHORITY 53
PART 12
AUDITOR GENERAL 57
PART 13
PUBLIC SERVICE COMMISSION 60
PART 14
ELECTION COMMISSION
64
b
PART 15
NATIONAL HUMAN RIGHTS COMMISSION 67
PART 16
ATTORNEY GENERAL 71
PART 17
FORM OF STATE AND LOCAL SELF GOVERNANCE 73
PART 18
POLITICAL PARTIES 75
PART 19
EMERGENCY POWER 77
PART 20
PROVISIONS REGARDING THE ARMY 79
PART 21
AMENDMENT OF THE CONSTITUTION 81
PART 22
MISCELLANEOUS 82
PART 23
TRANSITIONAL PROVISIONS 85
PART 24
DEFINITION 88
PART 25
SHORT TITLE, COMMENCEMENT AND ABROGATION 89
SCHEDULE I 90
SCHEDULE 2 92
c
PREAMBLE
WE, THE PEOPLE OF NEPAL, IN EXERCISE THE SOVEREIGN POWERS
AND STATE AUTHORITY INHERITENT IN US;
WHEREAS, recognizing the mandate of the NEPALI PEOPLE expressed, from
time to time, since prior to 1951 till now, through historical struggles and
people's movements for democracy, peace and progress;
WHEREAS, having determined for progressive restructure of the state
in order to resolve the existing problems of the country based on class,
caste, region and gender;
WHEREAS, expressing full commitments towards democratic norms
and values including competitive multiparty democratic rule, system,
civil liberty, fundamental rights, human rights, adult franchise,
periodic election, full freedom of press, independent of judiciary and
concept of rule of law;
WHEREAS, guaranteeing the basic rights of the Nepali people to
frame a Constitution for themselves and to participate in the free and
impartial election of the Constituent Assembly in a fear-free
environment;
AND WHEREAS, keeping democracy, peace, prosperity, progressive
economic-social changes and sovereignty, integrity, independence and
dignity of the country in the center;
NOW THEREFORE DO hereby promulgate this INTERIM
CONSTITUTION OF NEPAL, 2063 (2007), prepared through a
political consensus enforceable until a new Constitution is framed by
the Constituent Assembly in order to institutionalize the achievements
of the revolution and movements till this date.
1
PART 1
PRELIMINARY
1. Constitution as the Fundamental Law: (1) This Constitution is the
fundamental law of Nepal. All laws inconsistent with this constitution
shall, to the extent of such inconsistency, be void.
(2) It shall be the duty of every person to uphold this Constitution.
2. SCHEDULE I Sovereignty and State Authority: The sovereignty and
the state authority of Nepal shall be vested in the Nepalese people.
3. Nation: Having common aspiration of multiethnic, multilingual, multi
religious, multi cultural characteristics and having committed and united
by a bond of allegiance to national independence, integrity, national
interest and prosperity of Nepal, the Nepalese people collectively
constitute the nation.
4. State of Nepal: (1) Nepal is an independent, indivisible, sovereign,
secular, inclusive and a fully democratic 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. Language of the Nation: (1) All the languages spoken as the mother
tongue in Nepal are the national languages of Nepal.
(2) The Nepali Language in Devnagari script shall be the official
language.
(3) Notwithstanding anything contained in clause (2), it shall not
be deemed to have hindered to use the mother language in local bodies
and offices. State shall translate the languages so used to an official
working language and maintain record thereon.
6. National Flag: The National flag of Nepal, as handed down by
tradition, consists of two juxtaposed triangular figures with a crimson
coloured base and deep blue borders, there being a white emblem of the
crescent moon with eight rays visible out of sixteen in the upper part and a
white emblem of a twelve rayed sun in the lower part. The method of
drawing out the flag and other particulars relating thereto shall be as set
forth in the Schedule.
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7. National Anthem etc: (1) The national anthem and the coat-of-arms of
Nepal shall be as determined by Government of Nepal.
(2) The Rhododendron Arboreum shall be the national flower,
Crimson colour shall be the national colour, the Cow shall be the national
animal and the Lophophorus shall be the national bird of Nepal.
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PART 2
CITIZENSHIP
8. Citizenship at the Commencement of the Constitution: (1) Persons
who have acquired citizenship at the commencement of this Constitution
and the persons who are eligible to acquire citizenship by virtue of the
provisions of this Part shall be the citizens of Nepal.
(2) At the commencement of this Constitution, the following
persons who have their domicile in Nepal shall be deemed to be citizens
of Nepal by descent:
(a) a person who has acquired citizenship by descent before the
commencement of this Constitution,
(b) any person whose father or mother is a citizen of Nepal at
the birth of such person.
(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
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 domicile within such territory shall
become a citizen of Nepal, subject to the provisions of the laws in force.
(5) Any person born till the end of Chaitra, 2046 (mid April,
1990) and has been residing permanently in Nepal shall acquire the
citizenship of Nepal by birth as per the laws in force.
Provided, that application to that effect shall be submitted within
the timeframe prescribed for onetime as per the provision of the laws in
force.
(6) A woman of foreign nationality who has a matrimonial
relationship with a Nepalese citizen may acquire naturalized citizenship, if
she desires to do so, pursuant to the laws in force.
(7) Notwithstanding anything contained elsewhere in this Article
in the case of a person born to the women citizen of Nepal married to a
foreigner, if such a person is born in Nepal and has been residing
permanently in Nepal who has not acquired citizenship of the foreign
country by virtue of the citizenship of his/her father he/she may acquire
the naturalized citizenship of Nepal pursuant to the laws in force.
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9. Naturalized or Honorary Citizenship: Except as provided for in Article
8, the Government of Nepal may grant naturalized or honorary Nepalese
citizenship as per the provision of the law.
10. Acquisition and Termination of Citizenship: Other necessary
provisions including the acquisition and termination of the citizenship
shall be as provided for in the laws.
11. Citizenship Team to be Assigned: Government of Nepal shall assign
Citizenship Distribution Team to provide citizenship to the persons
eligible to acquire citizenship as provided for in the laws in force.
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PART 3
FUNDAMENTAL RIGHTS
12. Right to Freedom: (1) Every person shall have the right to live with
dignity, and no law shall be made which provides for capital punishment.
(2) No person shall be deprived of his/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 party or organisations;
(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, or to carry on any
occupation, industry, or trade.
Provided that,
(1) nothing in sub-clause (a) shall be deemed to prevent the
making of laws to impose reasonable restrictions on any act
which may undermine the sovereignty and integrity of
Nepal, or which may jeopardize the harmonious relations
subsisting among the peoples of various castes, tribes,
religion 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 decent public behaviour or
morality.
(2) nothing in sub-clause (b) shall be deemed to prevent the
making of laws to impose reasonable restrictions on any act
which may undermine the sovereignty, integrity or law and
order situation of 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, which may jeopardize
the harmonious relations subsisting among the peoples of
various castes, tribes religion or communities, which may
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instigate violence, 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,
religion or communities.
(5) nothing in sub-clause (f) shall be deemed to prevent the
making of laws to impose restriction on any act which may
be contrary to public health or morality, to confer on the
State the exclusive right to undertake specific industries,
businesses or services; or to impose any condition or
qualification for carrying on any industry, trade, profession
or occupation.
13. 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, race, sex, caste, tribe,
origin, language or ideological conviction or any of these.
(3) The State shall not discriminate among citizens on grounds
of religion, race, caste, tribe, sex, origin, language or 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 the interests of women, Dalit, indigenous ethnic tribes,
Madeshi, or peasants, labourers or those who belong to a class which is
economically, socially or culturally backward and children, the aged,
disabled and those who are physically or mentally incapacitated.
(4) No discrimination in regard to remuneration and social
security shall be made between men and women for the same work.
14. Right against Untouchability and Racial Discrimination: (1) No person
shall, on the ground of caste, descent, community or occupation, be subject
to racial discrimination and untouchability of any form. Such a
discriminating act shall be liable to punishment and the victim shall be
entitled to the compensation as provided by the law.
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(2) No person shall, on the ground of caste or tribe, be deprived of
the use of public services, conveniences or utilities, or be denied access to
any public place, or public religious places, or be denied to perform any
religious act.
(3) No person belonging to any particular caste or tribe shall,
while producing or distributing any goods, services or conveniences, be
prevented to purchase or acquire such goods, services or conveniences; or
no such goods, services or conveniences shall be sold or distributed only to
a person belonging to a particular caste or tribe.
(4) No one shall be allowed to demonstrate superiority or
inferiority of any person or a group of persons belonging to any caste, tribe
or origin; to justify social discrimination on the basis of cast and tribe, or to
disseminate ideas based on caste superiority or hatred; or to encourage caste
discrimination in any form.
(5) Any act contrary to the provisions of sub-clauses (2), (3) and
(4) shall be punishable in accordance with law.
15. Right Regarding Publication, Broadcasting and Press: (1) No
publication and broadcasting or printing of any news items, editorial,
article, writings or other readings, audio-visual materials, by any means
including electronic publication, broadcasting and press, 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 or integrity of Nepal, or which may jeopardise the harmonious
relations subsisting among the peoples of various castes, tribes or
communities; or on any act of sedition, defamation, contempt of court or
incitement to an offence; or on any act which may be contrary to decent
public behaviour or morality.
(2) No radio, television, online or any other types of digital or
electronic means, press or any other communication media shall be closed,
seized or be cancelled the registration because of publishing and
broadcasting or printing any material by such means of audio, audio-visual
or electronic equipments.
(3) No newspaper, periodical or press shall be closed, seized or be
cancelled the registration for printing and publishing any news items,
articles, editorial, writings or other reading materials.
(4) No communication means including press, electronic
broadcasting and telephone shall be obstructed except in accordance with
law.
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16. Right Regarding Environment and Health: (1) Every person shall have
the right to live in clean environment.
(2) Every citizen shall have the right to get basic health service
free of cost from the State as provided for in the law.
17. Education and Cultural Right: (1) Each community shall have the right
to get basic education in their mother tongue as provided for in the law.
(2) Every citizen shall have the right to free education from the
State up to secondary level as provided for in the law.
(3) Each community residing in Nepal shall have the right to
preserve and promote its language, script, culture, cultural civility and
heritage.
18. Right regarding Employment and Social Security : (1) Every citizen
shall have the right to employment as provided for in the law.
(2) Women, labourers, the aged, disabled as well as
incapacitated and helpless citizens shall have the right to social security as
provided for in the law.
(3) Every citizen shall have the right to food sovereignty as
provided for in the law.
19. Right to Property: (1) Every citizen shall, subject to the laws in force,
have the right to acquire, own, sell and otherwise dispose of the property.
(2) The State shall not, except in the public interest, requisition,
acquire, or create any encumbrance on the property of any person.
Provided that this clause shall not be applicable on property
acquired through illegal means.
(3) Compensation shall be provided for any property
requisitioned, acquired or encumbered by the State in implementing
scientific land reform programme or in public interest in accordance with
law. The compensation and basis thereof and operation procedure shall be
as prescribed by law.
20. Right of Woman: (1) No one shall be discriminated in any form merely
for being a woman.
(2) Every woman shall have the right to reproductive health and
other reproductive matters.
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(3) No physical, mental or any other form of violence shall be
inflicted to any woman, and such an act shall be punishable by law.
(4) Son and daughter shall have equal rights to their ancestral
property.
21. Right to Social Justice: (1) Women, Dalit, indigenous tribes, Madheshi
community, oppressed group, the poor peasant and labourers, who are
economically, socially or educationally backward, shall have the right to
participate in the state mechanism on the basis of proportional inclusive
principles.
22. Right of Child: (1) Every child shall have the right to his/her own identity
and name.
(2) Every child shall have the right to get nurtured, basic health
and social security.
(3) Every child shall have the right against physical, mental or
any other form of exploitation. Any such an act of exploitation shall be
punishable by law and the child so treated shall be compensated in a
manner as determined by law.
(4) Helpless, orphan, mentally retarded, conflict victims,
displaced, vulnerable and street children shall have the right to get special
privileges from the State to their secured future.
(5) No minor shall be employed in factories, mines or in any
other such hazardous work or shall be used in army, police or in conflicts.
23. Right to Religion: (1) Every person shall have the right to profess,
practise and preserve his/her own religion as handed down to him/her from
ancient times having due regards to the social and cultural traditional
practices.
Provided that no person shall be entitled to convert another person
from one religion to another, and shall not act or behave in a manner which
may jeopardize the religion of others.
(2) Every religious denomination shall have the right to maintain
its independent existence, and for this purpose to manage and protect its
religious places and religious trusts, in accordance with law.
24. Rights Regarding to Justice: (1) No person who is arrested shall be
detained in custody without being informed of the ground for such arrest.
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(2) The person who is arrested shall have the right to consult a
legal practitioner of his/her choice at the time of the arrest. The consultation
made by such a person with the legal practitioner and the advice given
thereon shall remain confidential, and such a person shall not be denied the
right to be defended through his/her legal practitioner.
Explanation: For the purpose of this clause, the words "legal
practitioner" means any person who is authorized by law to represent any
person in any court.
(3) Every person who is arrested shall be produced before a
judicial authority within a period of twenty-four hours after such arrest,
excluding the time necessary for the journey from the place of arrest to
such authority, and no such a person shall be detained in custody beyond
the said period except on the order of such authority.
Provided that nothing in clauses (2) and (3) shall apply to
preventive detention or 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 law in force at
the time of the commission of the offence.
(5) No person accused of any offence shall be assumed as an
offender until proved guilty committed by him.
(6) No person shall be prosecuted or punished for the same
offence in a court of law more than once.
(7) No person accused of any offence shall be compelled to be a
witness against oneself.
(8) Every person shall have the right to be informed about the
proceedings of the trail conducted against him/her.
(9) Every person shall be entitled to a fair trial by a competent
court or judicial authority.
(10) The indigent person shall have the right to free legal aid in
accordance with law.
25. Right against Preventive Detention: (1) No person shall be held under
preventive detention unless there is a sufficient ground of existence of an
immediate threat to the sovereignty and integrity or law and order situation
of Nepal.
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(2) Any person held under preventive detention shall, if his/her
detention was contrary to the law or was in bad faith, have the right to be
compensated in a manner as prescribed by law.
26. Right against Torture: (1) No person who is detained during
investigation, or for trial or for any other reason shall be subjected to
physical or mental torture, nor shall be given any cruel, inhuman or
degrading treatment.
(2) Any such an action pursuant to clause (1) shall be punishable
by law, and any person so treated shall be compensated in a manner as
determined by law.
27. Right to Information: (1) Every citizen shall have the right to demand or
obtain information on any matters of his/her own or of public importance.
Provided that nothing shall compel any person to provide
information on any matter about which secrecy is to be maintained by law.
28. Right to Privacy: (1) Except on the circumstance as provided by law, the
privacy of the person, residence, property, document, statistics,
correspondence and character of anyone is inviolable.
29. Right against Exploitation: (1) Every person shall have the right against
exploitation.
(2) Exploitation on the basis of custom, tradition and convention
or in any manner is prohibited.
(3) Traffic in human beings, slavery or serfdom is prohibited.
(4) Force labour in any form is prohibited.
Provided that nothing in this clause shall prevent for enacting a
law allowing the citizen to be engaged in compulsory service for public
purposes.
30. Right Regarding Labour: (1) Every employee and worker shall have the
right to proper work practice.
(2) Every employee and worker shall have the right to form trade
unions, to organise themselves and to perform collective bargaining for the
protection of their interest in accordance with law.
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31. Right against Exile: (1) No citizen shall be exiled.
32. Right to Constitutional Remedy: The right to proceed in the manner set
forth in Article 107 for the enforcement of the rights conferred in this part
is guaranteed.
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PART 4
RESPONSIBILITIES, DIRECTIVE PRINCIPLES AND
POLICIES OF THE STATE
33. Responsibilities of the State: The State shall have the follows
responsibilities:
(a) To focus all its attention to conduct a free and impartial
election for the members of the Constituent Assembly within Jestha 2064
(by June, 2007), acknowledging the matter to practical guarantee that the
sovereign powers of the State inherently lies upon the Nepali people.
(b) To ensure progressive political, economical and social change
in the Country.
(c) To adopt a political system which is fully abides by the
universally accepted concept of fundamental human rights, multi-party
competitive democratic system, sovereign authority inherent in the people
and supremacy of the people, constitutional balance and check, rule of law,
social justice and equality, independence of judiciary, periodical election,
monitoring by the civil society, full independence of press, right to
information of the people, transparency and accountability in the activities
of political parties, people’s participation, neutral, competent and clean
administration and to maintain good governance by eliminating corruption
and impunity.
(d) To carry out an inclusive, democratic and progressive
restructuring of the State by eliminating its existing form of centralized and
unitary structure in order to address the problems related to women, Dalits,
indigenous tribes, Madhesis, oppressed and minority community and other
disadvantaged groups, by eliminating class, caste, language, sex, culture,
religion and regional discriminations.
(e) To formulate a minimum common program for socioeconomic
transformation to eliminate all forms of feudalism and implement
it gradually.
(f) To pursue a policy of adopting scientific land reform programs
by gradually ending feudalistic land ownership.
(g) To follow a policy of protecting and promoting national
industries and resources.
(h) To pursue a policy of establishing the rights of all citizens to
education, health, housing, employment and food sovereignty.
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(i) To adopt a policy of providing economic and social security
including lands to economically and socially backward classes including
the landless, bonded labourers, tillers and shepherds.
(j) To adopt a policy of taking severe action and punish the
individuals who earns unjust wealth through corruption by holding a office
of profit.
(k) To formulate a common development concept for socioeconomic
transformation and justice, and for rapid economic progress and
prosperity of the country.
(l) To follow a policy that increases investment for promoting
industry, trade and export, and creates opportunity for employment and
income generation, by ensuring the professional rights of labourers.
(m) To implement international treaties and agreements
effectively, to which State is a party.
(n) To terminate all discriminatory laws.
(o) To use existing natural resources including water resources of
the country for the interest of the nation.
(p) To make arrangements for appropriate relief, recognition and
rehabilitation for the family of the deceased persons the disabled and
helpless persons due to injury during the course of armed conflict.
(q) To provide relief to the families of the victims, on the basis of
the report of the Investigation Commission constituted to investigate the
cases of disappearances made during the course of the conflict.
(r) To conduct special programs to rehabilitate the displaced, to
provide relief for damaged private and public property, and to rebuild
infrastructures destroyed during the course of the conflict.
(s) To constitute a high-level Truth and Reconciliation
Commission to investigate the facts regarding grave violation of human
rights and crimes against humanity committed during the course of conflict,
and create an atmosphere of reconciliation in the society.
34. Directive Principles of the State: (1) It shall be the chief objective of the
State to promote conditions of welfare on the basis of the principles of an
open society, by establishing a just system in all aspect of national life,
including social, economic and political life, while at the same time
protecting the lives, property, equality and liberty of the people.
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(2) It shall be the objective of the State to maintain conditions
suitable to the enjoyment of the benefits of democracy through maximum
participation of the people in the governance of the country by the means
of self-governance tribal, linguistic cultural or regional and to promote
general welfare by making provisions for the protection and promotion of
human rights, by maintaining tranquility and order in the society.
(3) It shall be the political objective of the State to build a welloff
and prosperous Nepal by institutionalizing democracy achieved as a
result of the struggle of Nepali people and by creating an environment
wherein its benefits could be enjoyed.
(4) The fundamental economic objective of the State shall be to
transform the national economy into an independent and self-reliant
system by preventing the available resources and means of the country
from being concentrated within a limited section of society, by making
arrangements for equitable distribution of economic gains based in social
justice, by making such provisions as will prevent economic exploitation
as well as economic disparity of any caste, sex, tribe, origin or
individuals, and by giving preferential treatment and encouragement to
national enterprises, both private and public.
(5) The social objective of the State shall be to establish and
develop, on the foundation of justice and morality, a healthy social life, by
eliminating all types of economic and social inequalities and by
establishing harmony amongst the diverse castes, tribes, religions,
languages, races, groups and communities.
(6) The state shall, in its international relations, shall be guided
by the objective of enhancing the dignity of the nation in the international
arena by maintaining the sovereignty, integrity and independence of the
country.
35. State Policies: (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, transportation, housing, and employment of the
people of all regions, by equitably distributing investment of economic
resources for balanced development of the country.
(2) The State shall pursue a policy of economic development
through the means of governmental, cooperatives and private sectors.
(3) The State shall, while maintaining the cultural diversity of
the country, pursue a policy of strengthening the national unity by
promoting healthy and cordial social relations, based on equality and
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coexistence, amongst the various religions, cultures, castes, groups,
communities, origins and linguistic groups, and by helping in the equal
promotion of their languages, literatures, scripts, arts and cultures.
(4) The State shall, while mobilizing the natural resources and
heritage of the country that might be useful and beneficial to the interest
of the nation, pursue a policy of giving priority to the local people.
(5) The State shall make necessary arrangements to maintain
clean environment. The State shall give priority to the protection of the
environment, and also to the prevention to its further damage due to
physical development activities by increasing the awareness of the general
public about environmental cleanliness, and the State shall also make
arrangements for the special protection of the environment and the rare
wildlife. Provision shall be made for the protection of the forest,
vegetation and biodiversity, its sustainable use and for equitable
distribution of the benefit derived from it.
(6) The State shall, by encouraging peasants and by increasing
productivity, create conditions for economic progress of the majority of
the people who are dependent on agriculture, and by launching land
reform program, develop the agricultural sector as an industry.
(7) The State shall pursue a policy of increasing the participation
of the labour force, the major socio-economic force in the country, in the
management of enterprises by providing employment to it, ensuring their
right to work, and thus protecting its rights and interests.
(8) The State shall pursue a policy of encouraging maximum
participation of women in national development by making special
provisions for their education, health and employment.
(9) The state shall pursue a policy of making special provisions
of social security for the protection and welfare of single women, orphans,
children, helpless, the aged, disabled, incapacitated persons and the
disguising tribes.
(10) The State shall pursue a policy which will help to promote
the interest of the marginalized communities and the peasants and
labourers living below poverty line, including economically and socially
backward indigenous tribes, Madhesis, Dalits, by making reservation for a
certain period of time with regard to education, health, housing, food
sovereignty and employment.
(11) The State shall, with a view to bringing about prosperity in
the country, pursue a policy of giving priority to the development of
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science and technology, and shall also give due consideration to the
development of local technology.
(12) The State shall, for the purpose of national development,
pursue a policy of attracting foreign capital and technology, giving
priority to the national investment.
(13) The State shall pursue the policy of creating conditions for
the acceleration of the speed of rural development, keeping in view the
welfare of the majority of the rural population.
(14) The State shall pursue a policy of making special provision
based on positive discrimination to the minorities, landless, squatters,
bonded labourers, disabled, backward communities and sections, and the
victims of conflict, including women, Dalits, indigenous tribes, Madhesis
and Muslims.
(15) The State shall pursue a policy of making provision of
providing basic land to the liberated bonded labourers for settlement
having determined their exact numbers.
(16) The State shall pursue a policy of making basic
infrastructure to impart technical education, training and orientation for
the development of a class of people dependent on labour including
peasants and labourers, to seek their participation in the development
process of the country.
(17) The State shall pursue a policy to make legal provision to
provide allowance to the aged, incapacitated women and the unemployed.
(18) The State shall pursue a policy of modernizing the
traditional knowledge, skills and practices existing in the country by
identifying and protecting them.
(19)The State shall pursue a special policy to regulate the
operation and management of public and non-governmental
organizations established in the country.
(20) The State shall pursue a special policy to mobilize youth
human resources for the development of the country.
(21) The state shall adopt the foreign policy of Nepal guided by
the principles of the United Nations Charter, nonalignment, the
Panchsheel, international laws and the norms of world peace.
(22) The State shall pursue a policy of making continuous
efforts to institutionalize peace for Nepal through international
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recognition, by promoting cooperative and good relations in the
economic, social and other spheres on the basis of equality with
neighbouring and all other countries of the world.
36. Questions not to be Raised in Courts: (1) No questions shall be raised
in any court as to whether provisions contained in this Part are
implemented or not.
(2) The State shall mobilize or cause to be mobilized the
required resources for the implementation of the principles and policies
contained in this Part.
19
PART 5
EXECUTIVE
37. Executive Power: 1) The executive power of Nepal shall, pursuant to this
Constitution and other laws, be vested in the Council of Ministers.
(2) The responsibility of issuing general directives, controlling
and regulating the administration of Nepal shall, subject to this
Constitution and other laws, lie in the Council of Ministers.
(3) The executive functions of Nepal shall be taken in the name
of the Government of Nepal.
(4) Any decision, order or implementation warrant to be issued
in the name of the Government of Nepal, pursuant to clause (3) above,
shall be authenticated as prescribed by law.
38. Constitution of Council of Ministers: (1) The Prime Minister and the
Council of Ministers under the chairpersonship of the Prime Minister shall
be constituted by political consensus.
Explanation: For the purpose of this Constitution "political
consensus" means the political consensus reached between the seven
parties- Nepali Congress, NCPN(UML), Nepali Congress (Democratic),
Janamorcha Nepal, Nepal Sadbhawana Party (Anandidevi), Nepal Majdur
Kisan Party, Samyukta Bam Morcha Nepal and NCP(Maoist) on 22
Kartik 2063 (November 8, 2006).
(2) If consensus cannot be reached pursuant to clause (1), the
Prime Minister shall be elected by a majority of two-thirds of the
members of the Legislature –Parliament.
(3) The structure and the allocation of business of the Interim
Council of Ministers shall be determined by mutual understanding.
(4) The Council of Ministers shall consist of Deputy Prime
Minister and other Ministers as may be required.
Explanation: For the purpose of this Article the word 'Minister'
shall also mean the Minister of State who takes independent responsibility
of a Ministry.
(5) While appointing Ministers, the Prime Minister shall appoint
them, on the recommendation of the concerned political party, from
amongst the members of the Legislature-Parliament.
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(6) The Prime Minister and other Ministers shall be collectively
responsible to the Legislature-Parliament, and the Ministers shall be
individually responsible to the work of their respective Ministries to the
Prime Minister and the Legislature-Parliament.
(7) The Prime Minister shall be relieved from his/her office in
the following circumstances:
a) If a written resignation is submitted to the Speaker of the
Legislature Parliament,
b) If he/she ceases to be a member of the Legislature-
Parliament; or
c) If he/she dies.
(8) The Deputy Prime Minister, Minister, State Minister and
Assistant Minister shall be relieved from their respective offices in the
following circumstances:
(a) If a written resignation is submitted to the Prime
Minister,
(b) If the Prime Minister is relieved from his/her office
pursuant to clause (7) above,
(c) If he/she is relieved of his/her office by the Prime
Minister upon the recommendation of or consultation
with the concerned party, or
(d) If he/she dies.
(9) If the Prime Minister is relieved from his/her office pursuant
to clause (7) above, the existing Council of Ministers shall continue to
function until a new Council of Ministers is constituted.
(10) In the case of the death of the Prime Minister, Deputy
Prime Minister or the senior-most Minister shall act as the Prime Minister
until a new Prime Minister is selected.
39. State Ministers and Assistant Ministers: (1) The Prime Minister may,
on the recommendation of the concerned political party, appoint the
Minister of State from amongst the members of Legislature-Parliament.
(2) The Prime Minister may, on the recommendation of the
concerned political party, appoint Assistant Ministers from amongst the
members of Legislature-Parliament to assist any Minister in carrying out
his/her responsibility.
21
40. Appointment of Non-Member of Legislature-Parliament as Minister:
Notwithstanding anything contained in Articles 37 and 38, the Prime
Minister may appoint any person, who is not a member of Legislature-
Parliament, as Deputy Prime Minister, Minister, State Minister or
Assistant-Minister.
41. Remuneration and Other Privileges: The remuneration and other
privileges of the Prime Minister, Deputy Prime Minister, Ministers, State
Ministers and Assistant Ministers shall be as determined by an Act. Until
so determined, it shall be as specified by the Government of Nepal.
42. Oath: The Prime Minister shall take his/her oath of office and secrecy
before the Legislature-Parliament, and the Deputy Prime Minister,
Ministers, State Ministers and Assistant Ministers shall take their oath of
office and secrecy before the Prime Minister.
43. Conduct of the Business of the Government of Nepal: (1) The conduct
of business of the Government of Nepal shall be carried out inconsistence
to the aspiration of the united people's movement, political consensus and
culture of collation.
(2) The allocation and transaction of business of the Government
of Nepal shall be carried out as set forth in rules approved by the
Government of Nepal.
(3) No question shall be raised in any court as to whether or not
rules pursuant to clause (2) above have been observed.
44 The Council of Ministers after the Constitution of Constituent
Assembly: After the constitution of the Constituent Assembly, exercise of
the Executive Power, constitution of the Council of Ministers and other
matters related thereto shall, mutatis mutandis, be under the provisions
referred to in this Part.
22
PART 6
LEGISLATURE-PARLIAMENT
45. Constitution of Legislature-Parliament: (1) There shall be a unicameral
Legislature-Parliament in Nepal which shall consist of the following 330
members:
(a) 209 members of the seven political parties and other parties who
are elected members of the House of Representatives and National
Assembly existing immediate before the commencement of this
Constitution,
Explanation: The phrase "Seven Political Parties" means Nepali
Congress, NCP(UML), Nepali Congress (Democratic), Janamorcha
Nepal, Nepal Sadbhawana (Anadidevi), Nepal Majdur Kisan Party and
Samyukta Bam Morcha (United Left Front), which maintained political
understanding on Kartik 22, 2063 (November 8, 2006),
(b) 73 members from and on behalf of NCP(Maoist) ,
(c) 48 members from among the Samyukta Bam Morcha, people based
and professional organizations, class organizations and professional
bodies, oppressed tribe, backward region, indigenous tribe, women
and various political personalities nominated through
understanding.
(2) Notwithstanding anything contained in clause (1) above,
persons who were against the people's movement shall not be in the
Legislature-Parliament.
(3) Legislature-Parliament shall be conducted on the basis of the
political understanding.
(4) The term of the Legislature-Parliament shall be expired after
the first meeting of the Constituent Assembly is held.
(5) If any seat of a member of the Legislature-Parliament falls
vacant, by any reasons, the vacancy shall be filled up by nomination from
the same political party or group through which the member was
representing, for the remaining period.
46. Qualifications for Membership: In order to become a member of the
Legislature-Parliament, any person:
a) must be a citizen of Nepal ,
b) must have attained at least twenty five years of age,
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c) Should be committed towards the spirit of the peoples’ movement,
d) Should not hold an office of profit.
Explanation: For the purpose of this sub-clause (d), "office of profit"
means any position, other than a political position, to be filled up by
election or nomination for which a remuneration or economic benefit is
paid out of a Government Fund.
47. Decision as to Disqualifications of Members: If a question arises as to
whether a member of Legislature-Parliament is disqualified or has ceased
to possess any of the qualifications set forth in Article 46, the final
decision shall be made by the Legislature-Parliament.
48. Vacation of seat: The seat of a member of the Legislature-Parliament
shall become vacant in the following circumstances:
a) If he/she resigns in writing,
b) If he/she does not possess the qualifications referred to in Article 46,
c) If the party concerned of which he/she was represented provides
notification that he/she is no more in the party,
d) If the tenure of the Legislature-Parliament expires, or
e) If he/she dies.
49. Oath: Each members of Legislature-Parliament shall, before taking part
for the first time in the Legislature-Parliament meeting, take an oath in the
specified form.
50. Speaker and Deputy Speaker of the Legislature-Parliament: (1) The
Legislature-Parliament shall elect a Speaker and a Deputy Speaker from
among its members on political consensus. If an consensus cannot be
reached, a majority of two-thirds of its total members shall elect them. If
the office of the Speaker and Deputy Speaker falls vacant, the Legislature-
Parliament shall fill up the vacancy through election from among its
members.
(2) The Speaker and Deputy Speaker of the Legislature-
Parliament shall not be the members of the same political party.
(3) In the absence of the Speaker of the Legislature-Parliament,
the Deputy Speaker shall chair the meeting of the Legislature-Parliament.
(4) If the election of the Speaker and Deputy Speaker has not
taken place, or if both the positions become vacant, the member who is
24
the senior most by age amongst the members presented, shall preside over
the meeting of the Legislature-Parliament.
(5) The office of the Speaker and Deputy Speaker shall become
vacant in the following circumstances:
(a) if he or she ceases to be a member of the Legislature-
Parliament,
(b) if he or she submits a written resignation,
(c) if a resolution is adopted, by a majority of two thirds of
the total number of members existing for the time being in
the Legislature-Parliament, to the effect that his or her
conduct is not compatible with his or her position,
(6) The Deputy Speaker shall preside over the meeting at which
deliberations are to be held on a resolution that the conduct of the Speaker
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.
51. Summoning and Prorogation of Session: 1) The Prime Minister shall
for the first time, and thereafter the Legislature-Parliament shall summon
the session of the Legislature-Parliament from time to time.
2) The Prime Minister shall, in consultation with the Speaker,
prorogue the session of the Legislature-Parliament.
52. Address by the Prime Minister: The Prime Minister shall address the
session of the Legislature-Parliament presenting the annual policy and
programmes of the Government.
53. Quorum: Except as otherwise provided for in this Constitution, no
proposal or resolution shall be presented for decision in any meetings of
the Legislature-Parliament unless one fourth of the total number of
members are present.
54. Transaction of Business of the Meeting in case of vacancy of
Members: (1) The Legislature-Parliament shall have the power to act
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 the
Legislature-Parliament had participated therein.
(2) A Minister, Minister of State or Assistant Minister who is
not the member of Legislature-Parliament shall be entitled to attend the
meeting of Legislature-Parliament or any of its Committee.
25
Provided that they shall not have the voting power.
55. Voting: Except as otherwise provided for in this Constitution, all
questions submitted for decision in the Legislature-Parliament shall be
decided by a majority vote of the members present and voting. Normally,
the presiding member shall not have the right to vote.
Provided that he or she may exercise the casting vote in case of tie.
56. Privileges: (1) There shall be full freedom of speech in the meeting of the
Legislature-Parliament and no member shall be arrested, detained or
prosecuted in any court for anything expressed or for any vote cast in that
meeting.
(2) The Legislature-Parliament shall have full power to regulate
its business, and it shall be the exclusive right to decide whether or not
any proceeding of the Legislature-Parliament is regular. No question shall
be raised in any court in this regard.
(3) No comment shall be made about the good faith regarding
any proceedings of the Legislature-Parliament and no publication and
broadcasting of any kind shall be made about anything said by any
member which intentionally distorts or misinterprets the meaning of the
speech.
(4) 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 by the Legislature-Parliament.
Explanation: For the purposes of clauses (1), (2), (3) and (4), the word
"Legislature-Parliament” shall mean the Legislature-Parliament and any
of its committee.
(5) No member of Legislature-Parliament shall be arrested
during the session of the Legislature-Parliament.
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 authority making such arrest shall forthwith
inform the person chairing the Legislature-Parliament.
(6) Any breach of privilege provided for in this Article shall be
deemed to constitute contempt of the Legislature-Parliament and the
Legislature-Parliament shall have the exclusive right to decide whether or
not any breach of privilege of legislature has taken place.
26
(7) If a person is in contempt of the Legislature-Parliament, the
person who is chairing the meeting to that effect may, after a decision by
the meeting, admonish, warn or impose a sentence of imprisonment not
exceeding three months or impose a fine of up to ten thousand rupees on
such a person. If the fine is not paid by such a person, it shall be recovered
as government dues.
Provided that if such a person submits an apology to the
satisfaction of the Legislature-Parliament, it may either pardon him/her or
remit or commute the sentence imposed on him/her.
(8) Other matters relating to privileges not mentioned in this
Constitution shall be as determined by law.
57. Procedure Relating to the Conduct of Business: The Legislature-
Parliament shall, subject to provisions of this Constitution, conduct its
business on the basis of political consensus, and shall frame rules for
maintaining order during its meetings and regulating the constitution,
functions and procedures and for any other matters of the committees of
the Legislature-Parliament. Until such time as rules are framed, the
Legislature-Parliament shall establish its own rules of procedures.
58. Committee: There shall be required numbers of committees and subcommittees
in the Legislature-Parliament as provided for in its rules.
59. Constituent Assembly to Exercise the Power of the Legislature-
Parliament: After the termination of tenure of the Legislature-Parliament
pursuant to clause (4) of Article 44 the power of the Legislature-
Parliament under this Constitution shall be exercised by the Constituent
Assembly.
60. Restriction on discussion: (1) No discussion shall be held in the
Legislature-Parliament on a matter which is under consideration in any
court of Nepal, and about anything done by a Judge in course of
performance of his or her judicial duties.
Provided that nothing in this Article shall be deemed to hinder
the expression of opinion about the conduct of a Judge during
deliberations on an impeachment motion.
(2) The provision made pursuant to clause (1) above, shall also
be applicable to the Constituent Assembly.
61. Secretariat of Legislature-Parliament: (1) There shall be a secretariat to
conduct and manage the business of the Legislature-Parliament. The
27
establishment of such a Secretariat and other matters related thereto shall
be as determined by law.
The Government of Nepal shall make available the necessary
personnel required to conduct and manage the business of the Legislature-
Parliament.
62. Remuneration: The remuneration and facilities of the Speaker, Deputy
Speaker, Member and Chairpersons of the Committees of the Legislature-
Parliament shall be as provided for in law, and until so determined, it shall
be as determined by the Government of Nepal.
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PART 7
CONSTITUENT ASSEMBLY
63. Formation of the Constituent Assembly: (1) There shall be a
Constituent Assembly constituted to formulate a new Constitution by the
Nepalese people themselves, subject to the provisions of this Constitution.
(2) After the commencement of this Constitution, the Election of
the Constituent Assembly shall be held on the date as specified by the
Government of Nepal.
(3) The Constituent Assembly shall consist of the following
four hundred twenty five members, out of which four hundred and nine
members shall be elected through Mixed Electoral System and sixteen
members shall be nominated, as provided for in the law:-
(a) two hundred and five members shall be elected from among
the candidates elected on the basis of First-Past-the-Post
system from each of the Election Constituencies existed in
accordance with the prevailing law before the
commencement of this Constitution.
(b) two hundred and four members shall be elected under the
proportional electoral system on the basis of the votes to be
given to the political parties, considering the whole country
as one election constituency.
(c) sixteen members to be nominated by the interim Council of
Ministers, on the basis of consensus, from amongst the
prominent persons of national life.
(4) The principle of inclusiveness shall be taken into
consideration while selecting the candidates by the political parties
pursuant to sub-clause (a) of clause (3) above, and while making the list
of the candidates pursuant to sub-clause (b) above, the political parties
shall have to ensure proportional representation of women, Dalit,
oppressed tribes/indigenous tribes, backwards, Madhesi and other groups,
in accordance as provided for in the law.
Notwithstanding anything contained in this clause, in case of
women there should be at least one third of total representation obtained
by adding the number of candidature pursuant to sub-clause (a) of clause
(3) to the proportional representation pursuant to sub-clause (b) of clause
(3).
29
(5) The election of the members of the Constituent Assembly
shall be held through secret ballots, as provided for in the law.
(6) For the purpose of election of the Constituent Assembly,
every Nepali citizen who has attained the age of eighteen years by the end
of Mangsir, 2063 (15th December 2006) shall be entitled to vote, as
provided for in the law.
(7) Subject to the provisions of this Article, election for the
Constituent Assembly and other matters pertaining thereto shall be
regulated as provided for in the law.
64. Term of the Constituent Assembly: Except otherwise dissolved earlier
by a resolution passed by the Constituent Assembly, the term of the
Constituent Assembly shall be two years from the date of its first meeting.
Provided that the term of the Constituent Assembly may be
extended having passed a resolution by the Constituent Assembly, up to
an additional six months period in case the task of drafting the
Constitution is not completed due to the proclamation of a State of
Emergency in the Country.
65. Qualifications of the Members: Any person should possess the
following qualifications in order to become a member of the Constituent
Assembly:
(a) Nepali citizen,
(b) attained at least twenty five years of age,
(c) not have been punished on any criminal charge of moral
turpitude,
(d) not holding an office of profit.
Explanation: For the purpose of sub-clause (d),"office of profit"
means any position, other than a political position, to be filled by
election or nomination for which remuneration or economic
benefit is paid out of a Government Fund.
66. Decision about Disqualification of Members : If a question arises as to
whether any member of the Constituent Assembly is disqualified or has
ceased to possess any of the qualifications set forth in Article 65, the final
decision shall be made by the Constituent Assembly Court.
30
67. Vacation of Seat of the Member: The seat of a member of the
Constituent Assembly shall be deemed to be vacant in the following
circumstances:
(a) If he/she resigns in writing,
(b) If he/she does not, or has ceased to, possess the qualifications
referred to in Article 65,
(c) If he/she, without notification to the constituent Assembly, remains
absent for ten consecutive meetings of it,
(d) If the party of which he/she was a member when elected provides
notification in the manner set forth by law that he/she has abandoned
the party, or notifies that he/she no longer holds the membership of
the party,
(e) If he/she dies,
Explanation: The provision contained in sub-clause (d) above shall not
be applicable to the Chairperson or Vice Chairperson of the Constituent
Assembly.
68. Oath to the Members: Every member of the Constituent Assembly shall,
before taking part for the first time in a meeting of that Assembly or any
of its committees, take an oath as provided for in the law.
69. Meeting of the Constituent Assembly: (1) The first meeting of the
Constituent Assembly shall be held, as summoned by the Prime Minister,
within twenty one days of the final results of the election of members of
the Constituent Assembly has been made public by the election
commission, and the subsequent meetings shall be held on such a date and
place as prescribing by the person presided over the Constituent
Assembly.
(2) Notwithstanding anything contained in clause (1) above, if
one-fourth of the members of the Constituent Assembly make an
application, with reason, before the Chairperson of the Constituent
Assembly stating that it is appropriate to convey a meeting of the
Constituent Assembly, the Chairperson shall convene such meeting within
fifteen days.
70. Procedure for Passing of Bill Relating to the Constitution: (1) The
Constituent Assembly shall, in order to pass a Bill relating to the
Constitution, carry out voting in the Preamble and each Article of such a
Bill introduced before it.
31
(2) In order to carrying out the voting pursuant to clause (1)
above, at least two-thirds of the total members of the Constituent
Assembly existing for the time being should be present and the Bill
should be passed unanimously.
(3) If unanimous decision pursuant to clause (2) above,
regarding the Preamble or any Article of the Bill relating to the
Constitution is not attained, the leader of the Parliamentary Party of the
political parties representing the Constituent Assembly shall consult each
other to achieve consensus in such matters.
(4) The consultation to be held pursuant to clause (3) above,
should be completed within a maximum of fifteen days from such date
wherein the unanimous decision could not be reached.
(5) If consultation is carried out pursuant to clause (4) above, revoting
for the Preamble or any Article of such a Bill shall be done within
seven days from the date of the completion of such consultation.
(6) Even after carrying out the voting pursuant to clause (5)
above, an unanimous decision is not reached as provided in clause (2)
above, there shall be re-voting for such Preamble or Article for which an
unanimous decision could not be reached, and in such voting, if at least
two-thirds of the total membership of the Constituent Assembly existing
for the time being were presented in the meeting, and out of them if at
least two-third majority of the members voted in favour, it shall be
deemed to have passed such Preamble or Article.
(7) For the purpose of this Article, during the voting regarding
the Preamble and any Articles of the Bill relating to Constitution,
introduced in the Constituent Assembly, if none of the members voted
against the Preamble and any of its Articles, it shall be deemed to have
reached in a unanimous decision.
71. Chairperson and Vice Chairperson of the Constituent Assembly: (1)
The Constituent Assembly shall, before commencement of its work of
formulating the Constitution, elect a Chairperson and a Vice Chairperson
from among its members.
(2) In the election to be carried out pursuant to clause (1) above,
the Chairperson and Vice Chairperson shall be elected from different
political parties representing in the Constituent Assembly,
(3) If the election of the Chairperson and Vice Chairperson has
not taken place pursuant to clause (1) above, the member of the
32
Constituent Assembly who is by age the seniormost shall preside over the
meeting of the Constituent Assembly.
(4) The Chairperson and Vice Chairperson shall, while
performing their duty in accordance with this Constitution, act as a neutral
person without being involved in favour or against any political parties.
72. Vacation of the Office of Chairperson and Vice Chairperson: (1) The
office of the Chairperson and Vice Chairperson shall be vacant in the
following circumstances:
a) if he/she submits a written resignation,
b) if he/she ceases to be a member of the Constituent Assembly,
c) if a resolution is passed by a majority of at least two-thirds of the total
number of the members in the Constituent Assembly to the effect that
his or her conduct is not compatible with his or her position., or
d) if he/she dies.
(2) The Vice Chairperson or any other member shall preside
over a meeting at which deliberations are to be held on a resolution that
the conduct of the Chairperson of the Constituent Assembly is not
compatible to his/her position, and the Chairperson shall be entitled to
take part and vote in the deliberations on such resolution.
73. Quorum: Except as otherwise provided in this Part, no quorum shall
deemed to be achieved or no resolution shall be presented for decision
unless at least one-fourth of the total number of members are present.
74. Transaction of Business of the Constituent Assembly in the case of
vacancy of Members: The Constituent Assembly shall have the power to
carryout its business notwithstanding any vacancies in the seat of its
members, and no proceedings shall become invalid even if it is
subsequently found that a person not entitled to take part in the
proceedings had participated.
75. Voting: Except as otherwise provided in this Part, all questions submitted
for decision in the Constituent Assembly shall be decided by a majority
vote of the members present and voting. Normally the member presiding
shall not have the right to vote.
Provided that he/she shall exercise the casting vote in case of tie.
76. Penalty for Unauthorized Presence or Voting: If a person presents or
votes in the meetings of Constituent Assembly or any of its committee as
33
a member without taking an oath pursuant to Article 67, or knowing that
he/she is not qualified for membership in the Constituent Assembly,
he/she shall, on the ruling of the person chairing the meeting, be liable to
a fine of five thousand rupees for every such presence or voting. The fine
shall be recovered as government dues.
77. Privileges: (1) There shall be full freedom of speech in the meeting of the
Constituent Assembly and no member shall be arrested, detained or
prosecuted in any court for anything expressed or for any vote cast in that
meeting.
(2) The meeting of Constituent Assembly shall have full power
to regulate its internal business, and it shall be the exclusive right to
decide whether or not any proceeding of the Constituent Assembly is
regular. No question shall be raised in any court in this behalf.
(3) No comment shall be made about the good faith regarding
any proceedings of the Constituent Assembly and no publication of any
kind shall be made about anything expressed by any member which
intentionally distorts or misinterprets the meaning of the expression.
(4) 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 delegated by the Constituent Assembly.
Explanation: For the purposes of clauses (1), (2), (3) and (4)
above, the words "meeting of the Constituent Assembly” shall
mean the meeting of the Constituent Assembly and any of its
committee.
(5) No member of the Constituent Assembly shall be arrested
during the session of the Constituent Assembly.
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 immediately
inform the person chairing the Constituent Assembly.
(6) Any breach of privilege stated in this Article shall be deemed
to constitute contempt of the Constituent Assembly and the breach of
privilege of Constituent Assembly shall be considered as the contempt of
the Constituent Assembly. The Constituent Assembly shall have the
exclusive right to decide whether or not any breach of privilege has taken
place.
34
(7) If a person is in contempt of the Constituent Assembly, the
person who is chairing the meeting to that effect may, after a decision by
the meeting, admonish, warn or impose a sentence of imprisonment not
exceeding three months or impose a fine of up to ten thousand rupees on
such person. If the fine is not paid by such person, it shall be recovered as
government dues.
Provided that if the person so accused submits an apology to the
satisfaction of the Constituent Assembly, it may either pardon him/her or
remit or commute the sentence imposed on him/her.
(8) Other matters relating to privileges not mentioned in this
Constitution shall be as determined by law.
78. Procedure Relating to the Conduct of Business: The Constituent
Assembly shall, subject to the provisions of this Constitution, frame rules
for conducting its business, maintaining order during its meetings and
regulating the constitution, functions, procedures and any other matters of
the committees. Until such time as rules are made, the Constituent
Assembly shall establish its own rules of procedures.
79. Committee: There shall be required numbers of Committees and Sub-
Committees in the Constituent Assembly as provided for in the law.
Services of the experts may be obtained as per requirement.
80. Secretariat of the Constituent Assembly: (1) There shall be a secretariat
to conduct the business of the Constituent Assembly. The establishment
of the Secretariat and other matters related thereto shall be as determined
by law.
(2) The Government of Nepal shall make available the
necessary personnel required to conduct and manage the business of the
Constituent Assembly.
81. Remuneration: The remuneration and privileges of the Chairperson,
Vice Chairperson, Members and the Chairperson of the Committees of the
Constituent Assembly shall be as provided for in the law, and until so
provided, it shall be as determined by the Government of Nepal.
82. Dissolution of the Constituent Assembly: On the day of the
commencement of the Constitution promulgated by the Constituent
Assembly, the task given to the Constituent Assembly shall come to an
end.
Provided that until the election of the Legislature-Parliament
held in accordance with the Constitution promulgated by the Constituent
35
Assembly, the proceedings of the Legislature-Parliament shall be
conducted as specified in the Constitution promulgated by the Constituent
Assembly.
83. Act in the Capacity of the Legislature-Parliament: (1) Notwithstanding
anything contained elsewhere in this Part, the Constituent Assembly shall
also act as Legislature-Parliament until the Constituent Assembly remains
in force, and the Constituent Assembly may constitute a separate
committee to conduct necessary regular legislative functions.
(2) The Chairperson and Vice Chairperson of the Constituent
Assembly shall be the Speaker and Deputy Speaker of the
Legislature-Parliament respectively.
(3) The Secretariat of the Constituent Assembly and the personnel
therein shall also be the Secretariat and personnel of the
Legislature- Parliament.
(4) When acting in the capacity of the Legislature- Parliament by the
Constituent Assembly, the provisions contained in Part 9 shall be
applicable to the Assembly with necessary modifications.
36
PART 8
LEGISLATIVE PROCEDURE
84. Power to Introduce a Bill: (1) A Bill may be introduced in the House by
any member of the Legislature-Parliament.
Explanation: For the purpose of this Part "House" means House
of Legislature-Parliament and "member" means member of the
Legislature-Parliament.
(2) A Finance Bill and a Bill concerning the security agencies,
including Nepal Army, the Armed Police Force, Nepal Police, shall be
introduced only as a Government Bill.
(3) "Finance Bill" means a Bill concerning any or all of the
following subjects:
(a) the imposition, collection, abolition, remission,
alteration or regulation of the taxes;
(b) the preservation of the Consolidated Fund or any other
Government Fund, the deposit of moneys into and the
appropriation or the withdrawal of moneys from such
Funds, or the reduction, increment or cancellation of
appropriations or of proposed expenditures from such
Funds;
(c) the regulation of matters relating to the raising of loans
or the giving of guarantees by the Government of
Nepal or any matter pertaining to the amendment of
the laws concerning the financial liabilities undertaken
or to be undertaken by the Government of Nepal;
(d) the custody and investment of all revenues received by
any Government Fund, moneys acquired through the
repayment of loans, and the grant amount, or audit of
the accounts of the Government of Nepal; or
(e) matters directly related to sub-clauses (a) to (d),
Provided that a Bill shall not be deemed to be Finance Bill by
reason only that it provides for the payment of any fees such as license
fee, application fee, renewal fee, or it provides the provision for
imposition of any penalty or imprisonment, or by reason that it provides
for the imposition of any tax, duties or fees by a local authority.
37
(4) If any question arises whether a Bill is a Finance Bill or not,
the decision of the Speaker of the Legislature-Parliament shall be final.
85. Procedure for Passage of Bills: (1) Any member, who wants to
introduce a Bill in the House, a prior notice of one week shall have
to give to the Secretary General or Secretary of the Legislature-
Parliament to that effect.
Provided that a prior notice of five day shall be sufficient for the
Government Bill.
(2) The copies of the Bill shall be made available to every
Member two days before the introduction of the Bill.
(3) The member, who has introduced the Bill, may present a
proposal for the consideration of the Bill in the House.
(4) If the proposal prescribed in clause (3) above is accepted, the
clause-wise discussion of the Bill shall be held in the House or in the
concerned Committee.
(5) The member introducing the Bill shall, after the completion
of the clause-wise discussion on the Bill, if it has been discussed in the
House, and after the completion of the discussion on the report of the
Committee, if the clause-wise discussion has been held in the Committee,
present a proposal to be passed by the Legislature- Parliament.
(6) If the proposal presented pursuant to clause (5) above is
passed by the simple majority of the total number of the members of the
House, the Bill shall deemed to have passed.
86. Withdrawal of Bills: A Bill may be withdrawn by the member
introducing it with the approval of the House.
87. Certification of the Bill: A Bill passed by the House shall become
an Act after certification by the Speaker of the Legislature-
Parliament.
88. Ordinance: (1) If at any time, except when the Legislative-Parliament is
in session, the Government of Nepal is satisfied that circumstances exist
which render it necessary to take immediate action, without prejudicing
the provisions set forth in this Constitution, the government of Nepal may
promulgate any Ordinance as deemed necessary.
(2) An Ordinance promulgated under Clause (1) shall have the
same force and effect as an Act.
38
Provided that every such Ordinance:
(a) shall be tabled at the next session of Legislature-
Parliament, and if not passed by the session, it shall
ipso facto cease to be effective;
(b) may be repealed at any time by the Government of
Nepal; and
(c) Shall, unless rendered ineffective or repealed under
sub-clause (a) or (b), ipso facto, cease to have effect
at the expiration of sixty days from the
commencement of a session of Legislature-
Parliament.
39
PART 9
FINANCIAL PROCEDURE
89. No tax to be Levied or Loan to be Raised Except in Accordance with
Law: (1) No tax shall be levied and collected except in accordance with
law.
(2) No loan shall be raised or guarantee be given by the
Government of Nepal except in accordance with law.
90. Consolidated Fund: Except the revenues of religious endowments, all
revenues received by the Government of Nepal, all loans raised on the
security of revenues, and all the moneys received in repayment of any
loan made under the authority of any Act and any amount received by the
government of Nepal shall be credited to a Government Fund to be known
as the Consolidated Fund.
Provided that except in the case of private religious
endowments, the moneys of other religious endowments, shall be
regulated by laws to be enacted.
91. Expenditures From the Consolidated Fund or a Government Fund:
No expenditure shall be incurred out of the Consolidated Fund or any
other Government Fund except the following:
(a) moneys charged on the Consolidated Fund,
(b) moneys required to meet the expenditure under an
Appropriation Act,
(c) advance moneys 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
expenditure.
Provided that matters relating to the Contingency Fund shall be
governed in accordance with the provision of Article 97.
92. Expenditure Chargeable on the Consolidated Fund: The expenditures
relating to the following matters shall be charged on the Consolidated
Fund:
40
(a) the amount required as remuneration and privileges and pension
payable to the Chief Justice of Nepal and other Judges of the
Supreme Court,
(b) the amount required as remuneration and privileges payable to the
following officials: (1) the Speaker and Deputy Speaker of the
Legislature-Parliament,
(2) the Chairperson and Vice chairperson of the Constituent
Assembly,
(3) the Chief Commissioner and other 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,
(6) the Chief Election Commissioner and other Election
Commissioners, and
(7) Chairperson and members of the National Human Rights
Commission.
(c) the administrative expenses of the Supreme Court, the
Commission for the Investigation of Abuse of Authority, the
Office of the Auditor General, the Public Service Commission, the
Election Commission and the National Human Rights
Commission.
(d) all charges relating to debts for which the Government of Nepal is
liable,
(e) any sum required to be paid for any judgment or decree of a court
against the Government of Nepal; and
(f) any other sum declared by law to be chargeable on the
Consolidated Fund.
93. Estimates of Revenues and Expenditures: (1) The Finance Minister
shall, with respect to every fiscal year, present before the Legislature-
Parliament an annual estimates including the following matters:
a) an estimate of revenues,
b) the moneys required to meet the charges on the Consolidated Fund;
and
41
c) the moneys required to meet the expenditure to be provided for by an
Appropriation Act.
(2) The annual estimate to be presented pursuant to clause (1)
above shall also accompany by a statement of the expenses allocated to
each Ministry in the previous financial year and particulars of whether the
objectives of the expenses have been achieved.
94. Appropriation Act: The moneys required to meet the expenditure to be
provided by an Appropriation Act shall be specified under appropriate
heads in an Appropriation Bill.
95. Supplementary Estimates: (1) The Finance Minister shall, in respect of
any financial year, present supplementary estimate, if it is found:
(a) that the sum authorized to be spent for a particular service by the
Appropriation Act for the current fiscal year is insufficient, or that a
need has arisen for expenditure upon new services not provided for
by the Appropriation Act for that year, or
(b) that the expenditures made during that fiscal year are in excess of the
amount authorized by the Appropriation Act.
(2) The sums included in the supplementary estimates shall be
specified under separate heads in a Supplementary Appropriation Bill.
96. 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 submitted until the
estimates of revenues and expenditures have been presented in accordance
with the provisions of Article 92 and the sums involved in the Vote on
Account shall not exceed one-third of the estimate of expenditure for the
financial year.
(3) The expenditure incurred in accordance with the Vote on
Account Act shall be included in the Appropriation Bill.
97. Votes of Credit: Notwithstanding anything contained elsewhere in this
Part, if owing to a local or national emergency due to either natural
causes, a threat of external aggression or internal disturbances or other
reasons, and that it is impractical or inexpedient in view of the security or
interest of the State to specify the details required under Article 92, the
42
Finance Minister may present a Vote of Credit Bill before the Legislature-
Parliament giving only a description of the proposed expenditures..
98. Contingency Fund: An Act may create a Contingency Fund into which
shall be paid from time to time such moneys as may be determined by
law. Such Fund shall be under the control of the Government of Nepal.
Any unforeseen expenditures shall be met out of such Fund by the
Government of Nepal. The amount of the expenditures so met shall be
reimbursed as soon as possible by an Act.
99. Act Relating to Financial Procedure: Matters relating to the transfer of
moneys appropriated from one head to another and other financial
procedures shall be regulated by an Act.
43
PART 10
JUDICIARY
100. Courts to Exercise Powers Related to Justice: (1) Powers relating to
justice in Nepal shall be exercised by courts and other judicial institutions
in accordance with the provisions of this Constitution, the laws and the
recognized principles of justice.
(2) Following the concept, norms and values of the independent
judiciary, and bearing in mind the aspiration of the people's movement
and democracy, the judiciary of Nepal shall be committed to this
Constitution.
101. Courts: (1) There shall be the following courts in Nepal:
(a) Supreme Court,
(b) Appellate Court, and
(c) District Court.
(2) In addition to the courts referred to in clause (1) above, the law
may also constitute and establish special types of courts, judicial
institutions or tribunals for the purpose of proceeding and hearing special
types of cases.
Provided that no court, judicial institution or tribunal shall be
constituted for the purpose of hearing a particular case.
102. Supreme Court: (1) The Supreme Court shall be the highest court in the
judicial hierarchy.
(2) All other courts and judicial institutions of Nepal, other than the
Constituent Assembly Court, shall be under the Supreme Court. The
Supreme Court may inspect, supervise and give directives to its
subordinate courts and other judicial institutions.
(3) The Supreme Court shall be a Court of Record. It may initiate
proceedings and impose penalties in accordance with law for contempt of
itself and of its subordinate courts or judicial institutions.
(4) Except on the matters which fall under the jurisdiction of the
Constituent Assembly Court, the Supreme Court shall have the final
power to interpret this Constitution and other prevailing laws.
(5) The Supreme Court shall, in addition to the Chief Justice of
Nepal, consist of up to a maximum of fourteen other Judges. If at any
time, the number of existing Judges becomes insufficient due to an
44
increase in the number of cases in the Supreme Court, ad hoc Judges may
be appointed for a fixed term.
103. Appointment and Qualifications of Judges of the Supreme Court: (1)
The Prime Minister shall appoint the Chief Justice of the Supreme Court
on the recommendation of the Constitutional Council, and the Chief
Justice shall appoint other Judges of the Supreme Court on the
recommendation of the Judicial Council. The tenure of office of the Chief
Justice shall be six years from the date of appointment, pursuant to subclause
(b) of clause (1) of Article 105.
(2) Any person who has worked as a Judge of the Supreme Court
for at least three years is eligible for appointment as Chief Justice.
(3) Any person who has worked as a Judge of an Appellate Court or
in any equivalent post of the judicial service for at least seven years, or
has worked as a gazetted first class or above of the judicial service for at
least twelve years, or has practised law for at least fifteen years as a law
graduate advocate or senior advocate, or a distinguished jurist who has
worked for at least fifteen years in the judicial or legal field is eligible for
appointment as a Judge of the Supreme Court.
(4) If the office of the Chief Justice becomes vacant, or the Chief
Justice is unable to carry out the duties of his/her office due to illness or
any other reason, or he/she cannot be present in office due to a leave of
absence or his/her being outside of Nepal, the senior-most Judge shall act
as the Acting Chief Justice.
(5) The Chief Justice and other Judges of the Supreme Court shall
hold offices until they attained the age of sixty five years.
104. Conditions of Service and Privileges of the Chief Justice and Judges:
(1) The Chief Justice of the Supreme Court and the permanent Judges of
the Supreme Court who have worked minimum for five years are entitled
to pension after retirement from their service as provided in law.
(2) Except as otherwise provided in this Constitution, the
remuneration, leave, allowances, pension and other conditions of service
of the Chief Justice and other Judges of the Supreme Court shall be
regulated for in the law.
(3) Notwithstanding anything contained in clauses (1) and (2)
above, the Chief justice or Judges of the Supreme Court who has been
removed from his/her office through impeachment, shall not be entitled to
any gratuities and pensions.
45
(4) The remuneration, privileges and other conditions of service of
the Chief Justice and other Judges of the Supreme Court, shall not be
altered to their disadvantage.
105. Removal of the Chief Justice and Judges of the Supreme Court: (1)
The Chief Justice or other Judges of the Supreme Court shall be deemed
to have been relieved from their office in the following conditions:
a) if the Chief Justice submits his/her resignation before the Council of
Ministers and a Judge submits his/her resignation before the Chief
Justice,
b) if he/she attains the age of sixty five years.
c) if an impeachment resolution is passed by the Legislature-Parliament,
d) if he/she dies.
(2) A proposal of impeachment may be presented before the
Legislature-Parliament against the Chief Justice or any other Judges on
the ground that they are unable to perform their duties for the reasons of
incompetence, misbehaviour, failure to discharge the duties of his/her
office in good faith, physical or mental condition, and if by a two-thirds
majority of the total number of its members existing for the time being
passes the resolution, he/she shall ipso facto be relieved from his/her
office.
(3) The Chief Justice or the Judge, against whom impeachment
proceedings are being initiated pursuant to clause (2) above, shall not
perform the duties of his/her office until the proceedings are final.
106. Chief Justice or Judges not to be Engaged in any other Assignment:
(1) The Chief Justice or Judges of the Supreme Court shall not be engaged
in or deputed to any assignment except that in the post of a Judge.
Provided that the Government of Nepal may, in consultation with
the Judicial Council, depute the Chief Justice or a Judge of the Supreme
Court to work concerning judicial inquiry or to legal or judicial
investigation or research, for a specified period or to any other work of
national concern.
(2) Any person who has once held the office of Chief Justice or
Judges of the Supreme Court shall not be eligible for appointment in any
Government Service, except for the post as provided by Sub-clause (a) of
46
clause (1) of Article 131, nor shall he/she be entitled to practice law
before any office or court.
107. Jurisdiction of the Supreme Court : (1) Any Nepali citizen may file a
petition in the Supreme Court to have any law or any part thereof declared
void on the ground of inconsistency with this Constitution because it
imposes an unreasonable restriction on the enjoyment of the fundamental
rights conferred by this Constitution or on any other ground, and extraordinary
power shall rest with the Supreme Court to declare that law as
void either ab initio or from the date of its decision if it appears that the
law in question is inconsistent with the Constitution.
(2) The Supreme Court shall, for the enforcement of the
fundamental rights conferred by this Constitution, for the enforcement of
any other legal right for which no other remedy has been provided or for
which the remedy even though provided appears to be inadequate or
ineffective, or for the settlement of any constitutional or legal question
involved in any dispute of public interest or concern, have the
extraordinary power to issue necessary and appropriate orders to enforce
such rights or settle the dispute. For these purposes, the Supreme Court
may, with a view to imparting full justice and providing the appropriate
remedy, issue appropriate orders and writs including 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 interfere, under this clause with the proceedings
of the Legislature-Parliament concerning the violation of privileges and
penalties imposed there to.
(3) The Supreme Court shall have original and appellate
jurisdiction, conformation of verdicts (sadhak), review of the cases or
hearing of petitions as defined by law.
(4) The Supreme Court may review its own judgments or final
orders subject to the conditions and in the circumstances prescribed by
law. In such review, it shall be done by the judges who were not engaged
earlier in making the said judgment.
(5) Other powers and procedures of the Supreme Court shall be as
prescribed by law.
108. Establishment, Management and Jurisdiction of Appellate Courts
and District Courts: The establishment and management of the
Appellate Courts, District Courts and other courts and judicial institutions
47
subordinate to the Supreme Court shall be determined by law subject to
this Constitution.
109. Appointment, Qualifications and Conditions of Services and
Privileges of the Judges of Appellate Courts and Districts Courts: (1)
The Chief Justice shall, on the recommendation of the Judicial Council,
appoint any Chief Judge and judges of the Appellate Courts and any
Judges of the District Courts.
(2) Any Nepali citizen, who has a Bachelor Degree in law and has
worked as a District Judge or worked in any post of gazetted first class of
the Judicial Service for a period of at least seven years; or has practised
law having graduate degree in law as a senior advocate or advocate for at
least ten years; or has taught law or conducted research thereon, or has
worked in any other field of law or justice for at least ten years, is eligible
for appointment as Chief Judge or other Judge of an Appellate Court.
(3) Any Nepali citizen, who has a Bachelor's Degree in law and
has worked for at least three years as a gazetted second class officer in the
Judicial Service, or has practiced law for at least eight years as a law
graduate advocate, is eligible for appointment as a District Judge.
(4) In appointing a law graduate advocate for the post of District Judge
in accordance with clause (3) above, only the person, who has
passed the written and oral examination conducted by the Judicial
Council, shall be appointed. Such examination system and other
procedures shall be as prescribed by law.
(5) The Judicial Council shall consider, inter alia, qualification,
capacity, experience, dedication and contribution to justice, reputation in
public life, high moral character of a person and make recommendations
accordingly for appointment to the post of judge of the Appellate Court
and the District Court.
(6) Unless the subject or context otherwise requires, the word
"Judge" as mentioned in this Article and ensuing Articles shall mean and
include an Additional Judge.
(7) The remuneration, allowances, pension, leave, gratuity,
privileges and other conditions of service of the Chief Judge and other
Judges of an Appellate Court and the judges of District Court shall be as
determined by law.
48
(8) The remuneration, privileges and conditions of service of the
Chief Judge, other Judges of Appellate Court and the Judges of the
District Court shall not be altered to their disadvantage.
(9) Notwithstanding anything contained in clause (7) above, a
Judge of the Appellate Court and the District Court, who is removed from
his/her office in accordance with Sub-clause (c) of clause (10), shall not
be entitled to any gratuities and pension.
(10) The Judges of Appellate Court or District Court shall be
removed from their office in the following circumstances:
a) if he/she submits written resignation before the Chief Justice,
b) if he/she attains the age of sixty three years,
c) if he/she is removed by the Chief Justice in accordance with a
decision of the Judicial Council for his/her removal for reasons
of incompetence, misbehavior or failure to discharge the duties
of his/her office in good faith, incapable to discharge the duties
due to physical or mental condition, or deviation to justice.
The Judge of the Appellate Court and District Court who is facing
charge pursuant to this sub-clause shall be given a reasonable opportunity
to defend himself/herself; and for this purpose, the Judicial Council may
constitute a "Committee of Inquiry" for the purposes of recording the
statement of the Judge, collecting evidence and submitting its findings
thereof. The working procedure of the Committee shall be as regulated by
law.
d) if he/she dies.
(11) The Judge of the Appellate Court or District Court,
against whom such proceedings are being initiated pursuant to sub-clause
(c) of clause (10) above, shall not perform the duties of his/her office until
the proceedings are final.
110. Judges of the Appellate Court and District Court not to be
Transferred to, or Engaged in any other Assignment: (1) A judge shall
not be transferred to, engaged in or deputed to any assignment except that
of a Judge.
Provided that the Government of Nepal may, in consultation with
the Judicial Council, depute for a specified period a Judge of the
Appellate Court and the District Court to work concerning judicial
inquiry, or to any legal or judicial investigation or research, or to any
other work of national concern. With regard to the Judges of the Appellate
49
Court or District Court, the Chief Justice, in consultation with the Judicial
Council, may depute them to the above mentioned assignments, including
election works.
(2) The Chief Justice, on the recommendation of the Judicial
Council, may transfer the Judges of the Appellate Court or District Court
from one court to another.
(3) The Chief Justice may send a judge of any Court on a
deputation for a specified period to work as judge of another court of
similar level taking into consideration the number of cases and subject
matter of the cases to be resolved.
(4) The Supreme Court may authorize a judge, who is designated in
one region, to issue preliminary or interim orders through electronic
media or other mediums, in the course of dealing with cases, to another
nearest court of similar level taking into consideration the geographical
situation, as provided for in the law.
111. Transfer of Cases: If the Supreme Court is satisfied that the dispensation
of justice on a case registered in a court may be affected if heard by that
court, the Supreme Court may order another court of similar level to hear
such case.
112. Responsibility of the Chief Justice: The Chief Justice shall have the
ultimate responsibility to make the administration of justice effective, and
for this purpose he/she may, subject to this Constitution and other laws,
give necessary instructions to the Supreme Court and other subordinate
courts.
113. Judicial Council : (1) There shall be a Judicial Council to make
recommendations and give advice in accordance with this Constitution
concerning the appointment of, transfer of, disciplinary action against, and
dismissal of Judges, and other matters relating to judicial administration,
which shall consist of the followings as its Chairperson and members:-
50
(a) the Chief Justice, Chairperson
(b) the Minister of Justice, member
(c) a senior advocate, or an advocate who has at least
twenty years of experience, to be appointed by the
Chief Justice on the recommendation of the Nepal Bar
Association,
member
(d) a person to be nominated by the Prime Minister from
amongst the jurists,
member
(e) the senior-most Judge of the Supreme Court, member
Explanation: For the purpose of this Part, the word "Minister"
shall mean and include a Minister of State who takes separate
responsibility of the Ministry.
(2) The term of office of the member referred to in sub-clauses (c)
and (d) of clause (1) above, shall be four years and their remuneration and
privileges shall be equal to that of the Judge of the Supreme Court.
(3) The member referred to in sub-clause (c) and (d) of clause (1)
above, may be removed from his/her office on the same grounds and in
the same manner as has been set forth for the removal of a Judge of the
Supreme Court.
(4) The Chairperson and members of the Judicial Council may
obtain and study the documents and files of the case related to the
complaint lodged against a judge, and may furnish information thereof to
the Judicial Council.
(5) The Judicial Council may, while carrying out preliminary
investigation on a complaint received against a judge constitute a
Committee of Inquiry, if it has found that a detailed investigation by the
expert is required.
(6) The other functions, duties and powers of the Judicial Council
shall be as determined by law.
51
114. Judicial Service Commission: (1) In appointing, transferring or
promoting the Gazetted Officers of the Judicial Service or in taking
departmental action concerning such officers in accordance with law, the
Government of Nepal shall act on the recommendation of the Judicial
Service Commission.
Provided that, for the purpose of permanent recruitment to gazetted
posts of the Judicial Service from persons who are not already in the
Government Service or from persons being promoted from non-gazetted
to gazetted posts within the Judicial Service, the Government of Nepal
shall act on the recommendation of the Public Service Commission.
(2) The Judicial Service Commission shall consist of the following
as its Chairperson and members:-
a) the Chief Justice Chairperson
b) the Minister of Justice, member
c) the Senior-most Judge of the Supreme Court, member
d) the Chairperson of the Public Service Commission, member
e) the Attorney-General, member
(3) Other functions, duties, powers and procedures of the Judicial
Service Commission shall be as determined by law.
115. Duty to Extend Cooperation: It shall be the duty of the Government of
Nepal and the offices and officials subordinate to the Government of
Nepal to act in aid of the Supreme Court and other courts in carrying out
the functions of dispensation of justice.
116. Orders and Decisions of Courts to be Binding: (1) All shall abide by
the orders and decisions made in the course of the hearing of a suit by
courts.
(2) Any interpretation given to a law or any legal principle laid
down by the Supreme Court in the course of the hearing of a suit shall be
binding on the Government of Nepal and all offices and courts.
117. Annual Report: (1) Each year, the Supreme Court shall submit its annual
report to the Prime Minister, and the Prime Minister shall make
arrangement to submit such reports before Legislature-Parliament.
52
(2) The annual report to be submitted in accordance with clause (1)
above shall contain inter alia the following particulars:-
a) the quantitative descriptions of the cases registered in the
Supreme Court and other subordinate courts,
b) the number of disposed and pending cases, out of the of cases
registered as stated in sub-clause (a)above, and the reason for
pending thereon,
c) details of new precedents propounded by the Supreme Court,
d) number of cases reviewed by the Supreme Court,
e) description of the judicial comment made by the Supreme
Court, if any, on the maters of competency regarding the
conduct of judicial duty of judge of a court subordinate to it,
f) amount of fines and penalties reimbursed,
g) description on the implementation of a decision,
h) the budget appropriated to the Supreme Court and
subordinate courts, and statement of expenditures.
(3) While submitting the annual report pursuant to clause (1) above,
the Supreme Court shall also include the details of the works performed
by the Judicial Council and the Judicial Service Commission.
118. Constituent Assembly Court: (1) A Constituent Assembly Court shall be
constituted to resolve the complaints regarding election.
(2) The constitution, jurisdiction and other matters of the
Constituent Assembly Court pursuant to clause (1) above, shall be as
determined by law.
(3) Notwithstanding anything contained elsewhere in this
Constitution, unless a petition is filed in the manner prescribed by law in
the court prescribed under clause (1) above, no question shall be raised in
any court regarding any election to the member of Constituent Assembly.
(4) Notwithstanding anything contained elsewhere in this
Constitution, once the process of election for the Constituent Assembly
has commenced, no question shall be raised in any court that hinders the
election.
53
PART 11
COMMISSION FOR THE INVESTIGATION OF ABUSE OF
AUTHORITY
119. Commission for the Investigation of Abuse of Authority: (1) There shall
be a commission to be called the Commission for the Investigation of
Abuse of Authority of Nepal consisting of a Chief Commissioner and a
number of other Commissioners as may be required. If apart from the
Chief Commissioner other Commissioners are appointed, the Chief
Commissioner shall act as Chairperson of the Commission for the
Investigation of Abuse of Authority.
(2) The Prime Minister shall, on the recommendation of the
Constitutional Council, appoint the Chief Commissioner and other
Commissioners.
(3) Subject to the proviso under sub-clause (a) of clause (7), the
term of office of the Chief Commissioner and other Commissioners shall
be six years from the date of appointment.
Provided that:
(a) if before the expiry of his/her term, the Chief Commissioner or a
Commissioner attains the age of sixty five, he/she shall be retired.
(b) the Chief Commissioner or a Commissioner may be removed from
his/her office on the same grounds and in the same manner as has
been set forth for the removal of a Judge of the Supreme Court.
(4) The office of the Chief Commissioner or a Commissioner shall
be deemed vacant under the following circumstances:-
(a) if he/she submits a written resignation to the Prime Minister,
54
(b) if pursuant to clause (3), his/her term expires or he/she is
removed from his/her office,
c) if he/she dies.
5) No person shall be eligible to be appointed as the Chief
Commissioner or a Commissioner unless he/she possesses the following
qualifications:-
(a) holds a Bachelor's Degree from a university recognized by
the Government of Nepal,
(b) is not a member of any political party immediately before the
appointment,
(c) has at least twenty years experience in the field of
accounting, revenue, engineering, law, development or
research, and a distinguished person,
(d) has attained of forty five years of age, and
(e) has possessed a high moral character.
(6) The remuneration and other conditions of service of the Chief
Commissioner and the Commissioners shall be as determined by law. The
remuneration and other conditions of service of the Chief Commissioner
and the Commissioners shall not, so long as they hold office, be altered to
their disadvantage.
(7) A person once appointed as the Chief Commissioner or
Commissioner shall not be eligible for appointment in other Government
Service.
Provided that:
a) nothing in this Clause shall be deemed to be a bar to appointment
of a Commissioner of the Commission for the Investigation of
Abuse of Authority as its Chief Commissioner, and when a
Commissioner is so appointed as the Chief Commissioner, his/her
term of office shall be computed as to include his/her tenure as
Commissioner as well,
b) nothing in this clause shall be deemed to be a bar to appointment
to any position of a political nature, or to any position which has
the responsibility of making investigations, inquiries or findings
on any subject, or to any position which has the responsibility of
submitting advice, opinions or recommendations after carrying
out studies or research on any subject.
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120. Functions, Duties and Powers of the Commission for the Investigation
of Abuse of Authority: (1) The Commission for the Investigation of
Abuse of Authority may, in accordance with law, conduct or cause to be
conducted inquiries into, and investigations of, improper conduct or
corruption by a person holding any public office.
Provided that this Clause shall not be applicable to any official in relation
to whom this Constitution itself separately provides for such action, and
to any officials to whom other law has separately made special provision.
(2) An inquiry and investigation may be conducted or cause to be
conducted against any officials of the Constitutional Bodies removed
from their office upon passing an impeachment resolution on the ground
of misbehaviour, any Judges removed by the Judicial Council on similar
charges, and the person, to be prosecuted under the Army Act, after they
are removed from offices, in accordance with the law.
(3) If the Commission for the Investigation of Abuse of Authority
finds, upon inquiry or investigation carried out pursuant to clause (1)
above, that any person holding any public office has misused his authority
by committing an act which is defined by law as improper conduct, it may
admonish such person, or forward a recommendation to the concerned
authority in writing for taking departmental action or any other necessary
action as prescribed by law.
(4) If the Commission for the Investigation of Abuse of Authority
finds, upon inquiry or investigation carried out pursuant to clause (1)
above, that a person holding any public office has committed an act which
is defined by law as corrupt, it may lodge or caused to be lodged a case
against such person or any other person involved therein in a court with
jurisdiction in accordance with law.
(5) If the Commission for the Investigation of Abuse of Authority
finds, upon inquiry or investigation carried out pursuant to clause (1)
above, that the nature of the work to be carried out by the person holding
any public office falls under the jurisdiction of another authority or
bodies, it may forward a recommendation to the concerned authority or
body in writing for necessary action.
6) Subject to this Constitution, other functions, duties, powers and
procedures of the Commission for the Investigation of Abuse of Authority
shall be as determined by law.
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7) The Commission for the Investigation of Abuse of Authority
may delegate any of its powers, functions and duties relating to the
inquiry, investigation or lodging cases, to the Chief Commissioner,
Commissioner or any employee of the Government of Nepal to be
exercised and complied with the condition as to specified.
121. Annual Report: 1) The Commission for the Investigation of Abuse of
Authority shall submit an annual report to the Prime Minister on the
works it has performed in accordance with this Constitution, and the
Prime Minister shall make arrangement to submit such reports before
Legislature-Parliament.
(2) The annual report to be submitted in accordance with clause (1) above
shall contain inter alia the total number of complaints lodged during the
year at the Commission for the Investigation of Abuse of Authority; the
number of cases, after completing the investigation, cases filed at the
court with jurisdiction in accordance with law, and closed thereby; the
number of cases, relating to improper conduct, forwarded to admonish the
person, or making recommendations in writing for taking departmental or
any other necessary action; the achievement obtained in preventing
corruption and the prescription for the improvement to be carried out in
the future.
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PART 12
AUDITOR GENERAL
122. Auditor General: (1) There shall be an Auditor General of Nepal.
(2) The Auditor General shall be appointed by the Prime Minister
on the recommendation of the Constitutional Council
(3) Subject to the proviso under sub-clause (a) of clause (7), the
term of office of the Auditor General shall be six years from the date of
appointment.
Provided that:
a) if before the expiry of his/her term, the Auditor General attains
the age of sixty five, he/she shall be retired.
(b) the Auditor General may be removed from his/her office on the
same grounds and in the same manner as has been set forth for
the removal of a Judge of the Supreme Court.
(4) The office of the Auditor General shall be deemed vacant in the
following circumstances:
(a) if he/she submits a written resignation to the Prime Minister,
(b) if pursuant to clause (3) his/her term expires or he/she is
removed from his/her office,
(c) if he/she dies.
(5) No person shall be eligible to be appointed as the Auditor
General unless he/she possesses the following qualifications:
(a) holds a Bachelor's Degree in Management, Commerce
or Accounts from a university recognized by the
Government of Nepal, or has worked as a Special
Class Officer of the Government of Nepal after
successfully completing the Chartered Accountants
examination, or has experience in the field of auditing
of not less than twenty years;
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(b) is not a member of any political party immediately
before the appointment;
(c) has attained forty five years of age, and
(d) has possessed high moral character
(6) 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/she
holds office, be altered to his/her disadvantage.
(7) A person once appointed as the Auditor General shall not be
eligible for appointment in other Government services.
Provided that nothing in this clause shall be a bar to appointment to
any position of a political nature, or to any position which has the
responsibility of making investigations, inquiries or findings on any
subject, or to any position which has the responsibility of submitting
advice, opinions or recommendations after carrying out studies or
research on any subject.
123. Functions, Duties and Powers of the Auditor General: (1) The
accounts of the Supreme Court, Legislature-Parliament, Constituent
Assembly, Commission for the Investigation of Abuse of Authority,
Auditor General, Public Service Commission, Election Commission,
National Human Rights Commission, Office of Attorney General and
other offices of Constitutional Bodies, the Nepal Army and Armed Police
or the Nepal Police as well as of all other government offices and courts
shall be audited by the Auditor General in the manner determined by law,
with due considerations given to the regularity, economy, efficiency,
effectiveness and the propriety thereof.
(2) The Auditor General shall be consulted in the matter of the
appointment of auditors for carrying out the audit of any corporate body
of which the Government of Nepal owns more than fifty percent of the
shares or the assets. The Auditor General may also issue necessary
directives setting forth the principles for carrying out the audit of such
corporate bodies.
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(3) The Auditor General shall, at all times, have access to
documents concerning the accounts for the purpose of carrying out the
functions stipulated in clause (1) above. It shall be the duty of the head of
the concerned office to provide all such documents or information which
may be demanded by the Auditor General or his/her employees.
(4) The accounts to be audited pursuant to clause (1) above shall,
subject to the relevant law, be maintained in such form as prescribed by
the Auditor General.
(5) In addition to the accounts of the offices referred to in clause (1)
above, the law may also require that the accounts of any other office or
institution be audited by the Auditor General.
124. Annual Report: 1) The Auditor General shall submit to the Prime
Minister an annual report on the works it has performed, and the Prime
Minister shall make arrangement to submit such reports before
Legislature-Parliament.
(2) The annual report to be submitted in accordance with clause (1) above
shall contain, inter alia, the offices wherein the Auditor General has
carried out audits in that year, the situation of irregularities find out by the
audit; the efforts made to settle irregularities and the achievements
obtained therein; details of the cases seemed as corrupt in nature and
required to be further investigation, forwarded to the Commission for
Investigation of Abuse of Authority in writing; and the reforms to be
carried out in future regarding the audit.
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Part 13
PUBLIC SERVICE COMMISSION
125. Public Service Commission: (1) There shall be a Public Service
Commission of Nepal consisting of a Chairperson and a number of other
members as may be required.
(2) The Prime Minister on the recommendation of the
Constitutional Council shall appoint the Chairperson and other members
of the Public Service Commission.
(3) At least fifty percent of the total number of members of the
Public Service Commission shall be appointed from 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 persons, who have
done research, investigation, teaching or any other significant work in
fields such as science, technology, art, literature, law, public
administration, sociology or any other sphere of national life and who
hold a high reputation.
(4) Subject to the proviso under sub-clause (a) of clause (8), the
term of office of the Chairperson and other members of the Public Service
Commission shall be six years from the date of appointment.
Provided that:
(a) if before the expiry of his/her term, the Chairperson and other
members of the Public Service Commission attains the age of
sixty five, he/she shall be retired.
(b) the Chairperson and other members of the Public Service
Commission may be removed from his/her office on the same
grounds and in the same manner as has been set forth for the
removal of a Judge of the Supreme Court.
(5) The office of the Chairperson or other members of the Public
Service Commission shall be deemed vacant in the following
circumstances:
(a) if he/she submits a written resignation to the Prime Minister,
(b) if pursuant to clause (4) his/her term expires or he/she is
removed from his/her office,
(c) if he/she dies.
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(6) No person shall be eligible to be appointed as Chairperson or
member of the Public Service Commission unless he/she:
a) holds a Post Graduate degree from a university recognized by
the Government of Nepal,
b) is not a member of any political party immediately before the
appointment;
c) has attained the age of forty five years, and
d) has possessed high moral character.
(7) The remuneration and other conditions of service of the
Chairperson and the member 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 altered to their disadvantage.
(8) A person once appointed to the office of the Chairperson and
the member of the Public Service Commission shall not be eligible for
appointment in other Government services.
Provided that:
(a) nothing in this Clause shall be deemed to be a bar to
appointment of a member of the Public Service Commission as
Chairperson thereof, and when a member is so appointed as the
Chairperson, his/her term of office shall be computed as to
include his/her tenure as member as well, and
(b) nothing in this clause shall be deemed to be a bar to
appointment to any position of a political nature, or to any
position which has the responsibility of making investigations,
inquiries or findings on any subject, or to any position which has
the responsibility of submitting advice, opinions or
recommendations after carrying out studies or research on any
subject.
126. Functions, Duties and Powers of the Public Service Commission: (1) It
shall be the duty of the Public Service Commission to conduct
examinations for the selection of suitable candidates to be appointed to
Civil Service posts.
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Explanation: For the purposes of this Article, all services and positions in
the Government of Nepal shall be deemed included within the Civil
Service, except Army Officers or Soldiers and the service and positions of
Armed Police or Police personnel, and such other services and positions
as are excluded from the Civil Service or positions by any law.
(2) Permanent appointment to any position in the Civil Service
which carries the benefit of pension shall not be made except in
consultation with the Public Service Commission.
(3) The Public Service Commission shall be consulted on the
following subjects:
a) matters concerning the law relating to the conditions of service
of the Civil Service,
b) the general principles to be followed in the course of
appointment to, promotion to, and departmental action of the
Civil Service or positions,
c) matters concerning the suitability of any candidate for
appointment to a Civil Service position for a period of more
than six months,
d) matters concerning the suitability of any candidate for transfer
or promotion from one service to another within the Civil
Service or from any other Government service to the Civil
Service,
e) matters concerning the permanent transfer or promotion of any
employee, working in any position of an organization which is
not required to consult with the Public Service Commission on
matters of appointment, to any position for which consultation
with the Public Service Commission is required, and
f) Matters relating to departmental actions proposed against any
Civil servant.
(4) Notwithstanding anything contained in clause (3) above, matters
falling within the purview of the Judicial Service Commission pursuant to
Article 144 shall be governed by that Article.
(5) The Public Service Commission shall be consulted for the
general principles to be followed in the course of appointment to and
promotion of the Military Service, Armed Police Service or Police
Service.
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(6) The Public Service Commission may provide an advice, if
requested by any Public Enterprises, with regard to the prevailing
regulations relating to the terms and conditions of service of their
employee, and with regard to the general principles to be followed in the
course of appointment to, promotion to, and departmental action of such
Services.
Explanation: For the purpose of this Article the word “Public
Enterprises” means any corporate body in which the Government of
Nepal owns and control more than fifty percent of the shares or the assets.
(7) The Public Service Commission may delegate any of its
functions, duties and powers to any of its members, a committee of such
members or any employee of the Government of Nepal, to be exercised
and complied with the conditions as specified.
(8) Subject to this Constitution, other functions, duties and working
procedures of the Public Service Commission shall be as determined by
law.
127. Annual Report: (1) Each year, the Public Service Commission shall
submit to the Prime Minister an annual report on the works it has
performed, and the Prime Minister shall make arrangement to submit such
reports before Legislature-Parliament.
(2) The annual report to be submitted in accordance with clause (1)
above, shall contain, inter alia, the description on the examinations
conducted by the Public Service Commission throughout the year for
selecting candidates, candidates succeeded in such examinations, advice
provided to various agencies, consultation rendered with regard to
departmental action and punishment to Civil Servant and the follow-up
thereto, consultation provided, if any, for the application of the general
principles to be followed in the course of appointment to, promotion to,
and departmental action concerning the Government Service, and the
matters relating to the reforms of the Civil Service in the future.
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PART 14
ELECTION COMMISSION
128. Election Commission: (1) There shall be an Election Commission in
Nepal consisting of a Chief Election Commissioner and up to four other
Commissioners. If apart from the Chief Election Commissioner other
Election Commissioners are appointed, the Chief Election Commissioner
shall act as the Chairperson of the Election Commission.
(2) The Prime Minister shall, on the recommendation of the
Constitutional Council, appoint the Chief Election Commissioner and the
Election Commissioners.
(3) Subject to the proviso under sub-clause (a) of clause (7), the
term of office of the Chief Election Commissioner and the Election
Commissioners shall be six years from the date of appointment.
Provided that:
(a) if before the expiry of his/her term, the Chief Election
Commissioner and the Election Commissioner attains
the age of sixty five, he/she shall be retired.
(b) the Chief Election Commissioner and the Election
Commissioner may be removed from his/her office on
the same grounds and in the same manner as has been
set forth for the removal of a Judge of the Supreme
Court.
(4) The office of the Chief Election Commissioner or an Election
Commissioner shall be deemed vacant in the following circumstances:
(a) if he/she submits a written resignation to the Prime
Minister,
(b) if pursuant to clause (3) his/her term expires or he/she is
removed from his/her office,
(c) if he/she dies.
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(5) No person shall be eligible to be appointed as the Chief Election
Commissioner or an Election Commissioner unless he/she:
(a) holds a Bachelor's Degree from a university recognized
by the Government of Nepal,
(b) is not a member of any political party immediately before
the appointment,
(c) has attained the age of forty five years and
(d) has possessed high moral character.
(6) The remuneration and other conditions of service of the Chief
Election Commissioner and the Election Commissioners shall be as
determined by law. The remuneration and other conditions of service of
the Chief Election Commissioner and the Election Commissioners shall
not, so long as they hold office, be altered to their disadvantage.
(7) A person once appointed to the office of the Chief Election
Commissioner or an Election Commissioner shall not be eligible for
appointment in other Government Services.
Provided that :
(a) nothing in this clause shall be deemed to be a bar to the
appointment of an Election Commissioner as Chief
Commissioner, and when a Commissioner is so appointed
as the Chief Commissioner, and when a Commissioner is
so appointed as the Chief Commissioner, his/her term of
office shall be computed as to include his/her term as
Commissioner as well;
(b) nothing in this clause shall be deemed to a bar to
appointment to any position of a political nature, or to
any position which has the responsibility of making
investigations, inquiries or findings on any subject, or to
any position which has the responsibility of submitting
advice, opinions or recommendations after carrying out
studies or research on any subject.
129. Functions, Duties and Powers of the Election Commission: (1)
The Election Commission shall, subject to the provisions of this
Constitution and other laws, conduct, supervise, direct and control
the elections to Constituent Assembly, Referendum to be held
66
pursuant to Article 157 of this Constitution, and the Local
Authorities. For these purposes, the Election Commission shall
prepare the electoral rolls of voters.
(2) If, after nominations for election to Constituent Assembly
have been filed but before the election is completed, a question
arises as to whether a candidate is disqualified or has ceased to
possess the qualifications set forth in Article 65, final decision
thereon shall be made by the Election Commission.
(3) The Election Commission may delegate any of its
functions, duties and powers to the Chief Election Commissioner, a
Commissioner or any employee of the Government of Nepal to be
exercised and complied with subject to the conditions as specified.
(4) Subject to this Constitution, other functions, duties and
working procedures of the Election Commission shall be as
regulated by law.
130. The Government of Nepal to Provide Necessary Employees to the
Election Commission: The Government of Nepal shall provide necessary
employees and other things as may be required to perform the functions of
the Election Commission in accordance with this Constitution.
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PART 15
NATIONAL HUMAN RIGHTS COMMISSION
131. National Human Rights Commission: (1) There shall be a National
Human Rights Commission in Nepal consisting of the following
Chairperson and the members:
(a) One person from amongst the retired Chief Justices or Judges of the
Supreme Court who have made an outstanding contribution for the
protection and promotion of human rights, or a person who hold a
high reputation and has rendered outstanding contribution being
actively involved in the field of protection and promotion of human
rights or social work. - Chairperson
(b) Four persons from amongst the persons who have provided outstanding
contribution, being actively involved in the field of protection and
promotion of human rights or social work - Members
(2) In the appointment of Chairperson and the members in the
National Human Rights Commission shall maintain representation from
all fields including the woman.
(3) The Prime Minister shall, on the recommendation of the
Constitutional Council, appoint the Chairperson and the Members of the
National Human Rights Commission.
(4) The term of the office of the Chairperson and the members of
the National Human Rights Commission shall be six years from the date
of appointment.
Provided that the Chairperson and the members of the National
Human Rights Commission may be removed from his/her offices on the
same ground and in the same manner as has been set forth for removal of
a Judge of the Supreme Court.
(5) The office of the Chairperson and the members of the National
Human Rights Commission shall be deemed vacant in the following
circumstances:
(a) if he/she submits a written resignation to the Prime
Minister,
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(b) if pursuant to clause (4) his/her term expires or he/she is
removed from his/her office,
(c) if he/she dies.
(6) No person shall be eligible to be appointed as the
Chairperson or a member of the National Human Rights
Commission unless he/she possess the following qualifications:
(a) a Bachelor's Degree from a university recognized by the
Government of Nepal,
(b) maintains high moral character.
(7) The remuneration and other conditions of service of the
Chairperson and the members of the National Human Rights Commission
shall be as determined by law. The remuneration and other conditions of
service of the Chairperson and the members of the National Human
Rights Commission shall not, so long as they hold office, be altered to
their disadvantage.
(8) A person once appointed as the Chairperson or the Members of
National 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
appointment to any position of a political nature, or to any position which
has the responsibility of making investigations, inquiries or findings on
any subject, or to any position which has the responsibility of submitting
advice, opinions or recommendations after carrying out studies or
research on any subject.
132. Functions, Duties and Power of the National Human Rights
Commission : (1) It shall be the duty of the National Human Rights
Commission to ensure the respect, protection and promotion of the human
rights and its effective implementation.
(2) In order to perform the duty referred to in clause (1)
above, the Commission may carry out the following functions:
(a) to conduct inquiries into, investigations of, and recommendation for
action against the perpetrator, on the matters of violation or
abetment of human rights of a person or a group of persons, upon a
69
petition or complaint presented to the Commission by the victim
himself or herself or any person on his/her behalf or upon
information received from any source, or on its own initiative,
(b) to forward a recommendation to the concerned authority for taking
departmental action against the authority, who has the duty or
responsibility to prevent the violations of the human rights, failed to
perform such duty or responsibility or show recklessness or
negligence in performing his/her duty,
(c) to make recommendation to lodge a petition in the court, if
necessary, in accordance with the law against the person who has
violated human rights,
(d) to work jointly and in a coordinated manner with the civil
society to enhance awareness on human rights,
(e) to forward a recommendation to the concerned authority for
taking departmental action or imposing punishment against the
violators of human rights, mentioning clear reason and basis
thereof.
(f) to review prevailing laws relating to human rights in a
periodic basis and to recommend the Government of Nepal for
necessary reforms and amendment thereto,
(g) to recommend with reasons to the Government of Nepal to
become a party to any international treaties and instruments on
human rights, if it is required to do so, and to monitor the
implementation of the international treaties and instruments of
human rights to which Nepal is a Party and if found not being
implemented, forward recommendations to the Government of
Nepal for effective implementation of such instruments,
(h) to publicize the names of the official, person or bodies not
following or implementing the recommendations and
directions furnished by the National Human Rights
Commission regarding the violations of human rights in
accordance with law, and to record them as human right
violators.
(3) The National Human Rights Commission in performing its functions
and duties may use the following power:-
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(i) exercise the same powers as the court has in requiring any person to
appear before the Commission for recording his/her statement and
information or examining them, receiving and examining evidence,
ordering for the production of any physical proof,
(j) enter, without prior notice, in case the Commission has received the
information by any source that the incidents of the violation of
human rights is occurred or going to be occurred, into any person or
their residence or office, conduct search and seize any documents
and evidences relating to human rights violations thereon,
(k) enter any government premises or other places, without prior
notice, in case the Commission has received information that
violation of human rights of a person is happening thereon and
immediate action is required, to provide rescue,
(l) order for the compensation, in accordance with law, to the victims
of human rights violations,
(m) exercise or cause to be exercised other power and abide its duties
as prescribed by law.
(4) Notwithstanding anything contained in this Article, the
National Human Rights Commission shall not have its jurisdiction
on any matter which falls within the jurisdiction of the Army Act.
Provided that nothing shall be a bar to proceedings in respect to the
cases of violation of human rights and humanitarian laws.
133. Annual Report : (1) The National Human Rights Commission shall
submit to the Prime Minister an annual report on the works it has
performed in accordance with this Constitution, and the Prime Minister
shall make arrangement to submit such reports before Legislature-
Parliament.
(2) The annual report to be submitted in accordance with clause (1)
above, shall contain inter alia, the complaints received by the National
Human Rights Commission throughout the year and the description of
inquires and investigations thereon, recommendations made to the
Government of Nepal for various matters, numbers of cases lodged in the
court, if any, against human rights violator, particulars for the
improvement in future regarding the protection and promotion of human
rights.
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PART 16
ATTORNEY GENERAL
134 Appointment of the Attorney General: (1) There shall be an Attorney
General in Nepal who shall be appointed by the Prime Minister. The
Attorney General shall hold office during the pleasure of the Prime
Minister.
(2) No person without the qualifications of a Supreme Court Judge
shall be eligible to be appointed as the Attorney General.
(3) The office of the Attorney General shall be deemed vacant
under the following circumstances:
(a) if he/she submits a resignation in writing to the Prime Minister,
(b) if the Prime Minister releases him/her from the office.
(c) if he/she dies.
(4) The remuneration and other facilities of the Attorney General
shall be at par with that of a judge of the Supreme Court. The other
conditions of service of the Attorney General shall be as determined by
law.
135. Functions, Duties and Rights of the Attorney General: (1) The
Attorney General shall be the Chief Legal Advisor to the Government of
Nepal. It shall be the duty of the Attorney General to give opinions and
advice on constitutional and legal maters to the Government of Nepal and
to such other authorities as the Government of Nepal may specify.
(2) The Attorney General or officers subordinate to him/her shall
represent the Government of Nepal in suits wherein the rights,
interests or concerns of the Government of Nepal are involved.
Unless this Constitution otherwise requires, the Attorney General
shall have the right to make final decision to initiate proceedings in
any case on behalf of the Government of Nepal in any court or
judicial authority.
(3) While discharging duties in accordance with clause (2) above,
the Attorney General shall have the authority to work as follows:-
(a) to defend on behalf of the Government of Nepal either as
plaintiff or defendant in litigation on field.
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(b) to monitor or cause to monitor the interpretation of law or
implementation of the legal principles propounded by the
Supreme Court in the light of litigations.
(c) to investigate on the complaints or the information so
received to him by any means that their was not humanlike
treatment to any person in custody, under this constitution,
or was not allowed such person to meet his/her relatives
directly in person or through legal practitioners, and give
necessary directions to the concerned authorities to prevent
from such situation.
(4) In addition to the function, duties and rights as expressed in this
Article, the other functions, duties and rights of the Attorney General shall
be as determined by this constitution and other laws.
(5) In the course of discharging his/her official duties, the Attorney
General shall have the right to appear in any court, office or authority of
Nepal.
(6) The Attorney General may delegate his functions, duties and
power under this Article to his/her subordinates, to be expressed and
complied with, subject to the specified conditions.
136. Annual Report: (1) The Attorney General shall, every year, prepare an
annual report on the works he/she has performed in accordance with this
constitution and other laws, and submit it to the Prime Minister, and the
Prime Minister make arrangements to present the same to the Legislature
Parliament.
(2) The report as per clause (1) in addition to other subject matters
shall include the number of constitutional and legal advises given in the
year by the Attorney General, a summary of the litigations with the
government as plaintiff, summary of the cases both with government as
the plaintiff and the defendant, a summary of crime and improvements to
be made in the future in cases where the government is the defendant.
137. Power to Appear in the legislature Parliament: The Attorney General
shall have the power to appear and express his/her Constitutional
Assembly opinion on any legal questions in the legislative Parliament, or
any of their committees' meetings. Provided that he/she shall not have the
right to vote.
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PART 17
FORM OF STATE AND LOCAL SELF GOVERNANCE
138. Progressive Restructuring of the State: (1) Inclusive, democratic and
progressive restructuring of the state shall be made to bring about an end
of the discrimination based on class, caste, language, sex, culture, religion
and region by eliminating the centralized and unitary form of the state.
(2) A High Level Commission shall be constituted to recommend
for the restructuring of the State in accordance with clause (1) above. The
composition, function, duty, power and terms of service of such
Commission shall be as determined by the Government of Nepal.
(3) Final decision of restructuring of the State shall be as
determined by the Constituent Assembly.
139. Provision for Local Self Governance: (1) Arrangements shall be made
to set up local self governance bodies to ensure the people's exercise of
their sovereignty by creating congenial atmosphere and thereby ensuring
maximum peoples' participation in the country's governance, and also by
providing services to the people at the local level and for the institutional
development of democracy, based on the principle of decentralization
and devolution of power.
(2) Interim local bodies at the District, Municipality and Village
level shall be constituted through the understanding of all consenting
parties to the agreement reached on the 22nd day of Kartik 2063 BS
(November 7, 2006) between Nepali Congress, Nepal Communist Party
(UML), Nepali Congress (Democratic), Jana Morcha Nepal, Nepal
Sadhbhavana party (Anandidevi), Nepal Majdur Kishan party and United
Left Front along with the Nepal Communist Party (Maoist).
(3) The organizational structure, its forms and geographical area as
well as the formation process of the local self governance bodies shall be
as provided for in the law.
140. Mobilization and Management of Revenue: (1) Responsibilities and
distribution and mobilization of resources shall be shared between the
government of Nepal and the local self governance bodies as provided for
in the law to strengthen them for local development and to make
responsible to the local bodies themselves on identification, formulation
and execution of local level programmes, by maintaining equality with a
74
balanced and judicious distribution of the outcomes form the mobilization
of resources and means, and allotment as well as the development thereof.
(2) Mobilization and distribution of the revenue under clause (1)
above should be aimed at overall development of the socially and
economically backward classes and communities with the ambit of
balanced and equitable development of the nation.
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PART 18
POLITICAL PARTIES
141. Prohibition on the Imposition of Restrictions on Political Parties: (1)
Persons who are committed to common political ideology, philosophy and
programme shall, subject to the laws made under proviso (3) of clause (3)
of Article 12 of this Constitution, be entitled to form and operate political
parties of their choice and to generate or cause to be generated publicity in
order to secure public support and cooperation from the general public for
their ideology, philosophy and programmes, and to carry out any other
activities for that purpose. Any law, arrangement or decision which
restricts any such activities shall be considered 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 a single political ideology, philosophy or program in the elections,
political system of the country or conduct of State Affairs shall be
considered inconsistent with this Constitution and shall ipso facto be void.
(3) Political Parties with the objectives contrary to the spirit and
norms of the preamble of this constitution shall not be considered
qualified for the party registration.
142. Registration Required for Securing Recognition for the Purpose of
Contesting Elections as a Political Party: (1) Any political party
wishing to secure recognition from the Election Commission for the
purposes of elections shall be required to register its name with the
Election Commission as per the procedure determined by the
Commission. The name of the political parties failing to register their
names shall be removed from the list of the Election Commission.
(2) While applying for the registration pursuant to clause (1) above,
a political party shall, along with its constitution, manifesto and the rules,
have to clarify the following details, in addition to other matters:-
(a) the name of the political party and address of its
central office,
(b) the names and addresses of the members of its
Executive Committee or any such other similar
committee,
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(c) the income source of the proposed political party and
the details of such sources.
(3) Political parties shall have to fulfill the following conditions
while filing an application pursuant to clause (1) above: -
(a) the constitution and the rules of the political party must be
democratic,
(b) the constitution or the rules of the political party must
provide for election of office bearers of the parity in all
levels at least once in every five years,
(c) in the executive committee of all levels, there should be
the provision for the inclusiveness of members from
neglected and suppressed regions including the Women
and Dalits,
(d) in the constitution of the party there should be an effective
system of making the members of the party disciplined.
(4) The Election Commission shall not register any political party if
any Nepali citizen is discriminated against becoming a member of the
political party on the basis of religion, caste, tribe, language or sex or if
the name, objectives, insignia or flag of such political parties is of a nature
that it would disturb the religious or communal harmony or of the nature
to divide the country, or such party constitution or rules are for purposes
of protecting and promoting a party-less or single party system of
governance.
(5) For the purpose of the registration of a party for election, an
application with a signature of at least ten thousand voting supporters
shall be deemed necessary.
Provided that in the case of the parties representing in the Interim
Legislature-Parliament, this provision shall not be applicable.
(6) The establishment, registration, recognition and other matters,
except those stated in this Part, shall be as provided for in the law.
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PART 19
EMERGENCY POWER
143 Emergency Power: (1) If a grave crisis arises in regard to the sovereignty
or integrity of Nepal or the security of any part thereof, whether by war,
external invasion, armed rebellion or extreme economic disarray, the
Council of Minister of the Government of Nepal may, by Proclamation,
declare or Order a state of emergency to be enforced in any specified part
or the whole of Nepal.
(2) The Proclamation or the Order issued under clause (1) above
shall be laid before the meeting of the Legislature-Parliament for approval
within a month from the date of its issuance.
(3) If a Proclamation or Order laid for approval pursuant to clause
(2) above is approved by a two-third majority of the Legislature-
Parliament present at the meeting such proclamation or order shall
continue in force for three months from the date of its issuance.
(4) If the Proclamation or the Order laid before the meeting of the
Legislature-Parliament pursuant to clause (2) above is not approved
pursuant to clause (3), the Proclamation or the Order shall be deemed,
ipso-facto to cease to operate.
(5) Before the expiration of the period referred to in clause (3)
above, if a meeting of the Legislature-Parliament, by a majority of twothirds
of the members present, passes a resolution to the effect that
circumstances referred to in clause (1) above continue to exist, it may
extend the period of the Proclamation or Order of State Emergency for
another one period, not exceeding three months as specified in such
resolution.
(6) After a state of Emergency has been declared pursuant to clause
(1) above, the Council of Ministers of the Government of Nepal may issue
necessary orders to meet the exigencies. The 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) During the time of the Proclamation or Order of the State of
Emergency made by the Council of Ministers of the Government of
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Nepal, pursuant to clause (1), the fundamental rights provided in Part 3
may be suspended so long as the Proclamation or Order is in operation.
Provided that Articles 13, 14, 16, 17, 18, 20, 21, 22, 23, 26, 29, 30
and 31, and the rights to constitutional remedy and habeas corpus relating
to such Articles shall not be suspended.
(8) In circumstances where any Article of this Constitution is
suspended pursuant to clause (7) above, no petition may be made in any
court of law, nor any question be raised for the enforcement of the
fundamental rights conferred by such Article.
(9) If, during the continuance of a Proclamation or Order pursuant
to clause (1), any damage is inflicted upon any person by an act of any
official done in contravention of law or in bad faith, the affected person
may, within three months from the date of termination of the
Proclamation or Order, file a petition for compensation for the said
damage, and if the court finds the claim valid, it shall cause the
compensation to be delivered.
(10) The Council of Ministers of the Government of Nepal may, at
any time during its continuance, revoke the Proclamation or Order
relating to the State of Emergency pursuant to clause (1) above.
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PART 20
PROVISION REGARDING THE ARMY
144. Formation of Nepal Army: (1) There shall be a Nepal Army in Nepal as
an institution.
(2) The Council of Ministers shall appoint the Commander-in-Chief
of the Nepal Army.
(3) The Council of Ministers shall control, mobilize and manage the
Nepal Army in accordance with the law. The Council of Ministers shall,
with the consent of the political parties and by seeking the advice of the
concerned committee of the Legislature-Parliament, formulate an
extensive work plan for the democratization of the Nepal Army and
implement it.
(4) In the case of formulating and implementing the action plan
pursuant to clause (3) above, determination of the appropriate number of
Nepal Army, its democratic structure and national and inclusive character
shall be developed, and training shall be imparted to the army in
accordance with the norms and values of democracy and human rights.
(5) The other matters pertaining to the Nepal Army shall be as
provided for in the law.
145. National Defense Council: (1) There shall be a National Defense Council
in order to recommend the Council of Ministers for mobilization,
operation and use of the Nepal Army Consisting with the following
chairman and members:-
(a) Prime Minister Chairman
(b) Defense Minister Member
(c) Home Minister Member
(d) Three ministers nominated by the Prime Minister Members
(2) In case the Prime Minister and the Defense Minister would be
the same person, the senior most member of the Council of Ministers shall
be the member of the National Defense Council.
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(3) If the National Defense Council deems necessary, it may invite
other persons at the meeting of the Council.
(4) The Secretary of the Ministry of Defense shall work as the
Secretary of the National Defense Council, and, in his/her absence, the
officer designated by the Prime Minister shall carry out such work.
(5) Except in the case of mobilization of Nepal Army for the reason
of natural calamities, the decision made by the Council of Ministers of the
Government of Nepal for the mobilization of the army shall have to be
presented to the special committee prescribed by the Legislature-
Parliament within a month of the decision, and be approved accordingly.
(6) The National Defiance Council may regulate its working
procedures on its own.
146. Interim Provision for the Combatants: The Council of Minister shall
form a special committee to supervise, integrate and rehabilitate the
combatants of the Maoist Army, and the functions, duties and powers of
the committee shall be as determined by the Council of Ministers.
147. Management and Monitoring: The other arrangements pertaining to the
management and monitoring of the army and its arsenal shall be done in
accordance with the "Comprehensive Peace Accords" (Bishtrit Shanti
Samjhauta) concluded between the Government of Nepal and Nepal
Communist Party (Maoist) on 5 Mangsir 2063 (November 21, 2006) and
the agreement regarding the ‘Monitoring of Arms and Army Management'
reached on 22 Mangsir 2006 (December 8, 2006).
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PART 21
AMENDMENT OF CONSTITUTION
148. Amendment of the Constitution: (1) A Bill regarding the amendment or
repeal of any Article of the Constitution may be presented at the
Legislature-Parliament
(2) The Bill shall be deemed to be passed in the case the Bill so
presented at the Legislature-Parliament is approved by at least two-thirds
majority of the total number of members present therein for the time
being.
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PART 22
MISCELLANEOUS
149. Constitutional Council: (1) There shall be a Constitutional Council for
making recommendations in accordance with this Constitution for
appointment of officials to Constitutional Bodies, which shall consist of
the following chairman and members:
(a) Prime Minister Chairman
(b) Chief Justice Member
(c) Speaker of the legislature-Parliament Member
(d) Three ministers designated by the Prime Minister Members
(2) When the position of the Chief Justice falls vacant and a
recommendation has to be made for the same, the Minister for Justice
shall be in the Constitutional Council as a member.
(3) The procedures regarding the appointment of the officials of the
Constitutional Bodies, and the functions, duties, powers and working
procedures of the Constitutional Council shall be as determined by the
law.
(4) The Chief Secretary of the Government of Nepal shall work as
the Secretary of the Constitutional Council.
150. Nepalese Ambassador and Emissaries: The Council of Minister may
appoint the Nepalese Ambassadors and other special emissaries for
specified purposes.
151. Pardon: The Council of Ministers may grant pardons, and to suspend,
commute or remit any sentence passed by any court, special court,
military court or by any other judicial or quasi-judicial, or administrative
authority or institution.
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152. Titles, Honors, and Decorations: (1) The titles, honours or decorations
to be conferred on behalf of the State shall be conferred by the Prime
Minister.
(2) No citizen of Nepal shall, without the approval of the
Government of Nepal, accept any title, honour or decoration from the
government of any foreign country.
153. Constitution of the Government Service: The Government of Nepal
may, in order to run the administration of the country, constitute civil
services and other government services as required. The constitution,
operation, and terms and conditions for such services shall be as
determined by an Act.
154. Formation of Commissions: The Government of Nepal may form
necessary commissions to safeguard and promote the rights and interests
of different sectors of the country including women, Daltis, indigenous
ethnic groups, Madhesi, disabled, labourers or farmers. The provisions for
the formation, functions, duties and powers of such commissions shall be
as determined by the law.
155. Hearing for the Officials of Constitutional Bodies and Provisions
Regarding Citizenship: (1) There shall be a parliamentary hearing prior
to the appointment of officials to the Constitutional Bodies under this
Constitution, in accordance with the provisions of law.
(2) In order to be eligible for appointment to constitutional
positions under this Constitution, one must be a citizen of Nepal either by
descent or birth or as a naturalized citizen and has lived in Nepal at least
for ten years.
156. Ratification of, Accession to, Acceptance of or Approval of Treaty or
Agreements: (1) The ratification of , accession to, acceptance of or
approval of treaties or agreements to which the State of Nepal or the
Government of Nepal is to become a party shall be as determined by the
law.
(2) The laws to be made pursuant to clause (1) shall, inter alia,
require that the ratification of, accession to, acceptance of or approval of
treaty or agreements on the following subjects be done by a two-thirds
84
majority of the total number of members of the Legislature-Parliament
present in the House:-
(a) peace and friendship;
(b) security and strategic alliance;
(c) the boundaries of Nepal; and
(d) natural resources and the distribution of their uses.
Provided that out of the treaties and agreements referred in the subclauses
(a) and (d), if any treaty or agreement is of ordinary nature and
which does not affect the nation extensively, seriously or in the long-term,
the ratification of, accession to, acceptance of or approval of such treaty
or agreement may be done at a meeting of the Legislature-Parliament by a
simple majority of the members present in the House.
(3) After the commencement of the Constitution, unless a treaty or
agreement is ratified, acceded , accepted or approved in accordance with
this Article, it shall not be binding to the Government of Nepal or the
State of Nepal.
(4) Notwithstanding anything written in clauses (1) and (2), no
treaty or agreement shall be concluded that may have detrimental effect
on the territorial integrity of Nepal.
157. Decision Could be Made Through Referendum: (1) Except as
otherwise provided elsewhere in the Constitution, if the Constituent
Assembly decides, by its two-thirds majority of the total number of
members present therein, that it is necessary to make a decision on any
matters of national importance, then decision may be reached on such
matters through referendum.
(2) The procedures pertaining to making decision pursuant to clause
(1) shall be as determined by the law.
158. Power to Remove Difficulties: If any difficulty arises in connection with
the implementation of this Constitution, the Council of Ministers may
issue necessary Orders to remove such difficulties, and such Orders shall
have to be endorsed by the Legislature-Parliament or the Constituent
Assembly within a month.
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PART 23
TRANSITIONAL PROVISIONS
159. Provisions Regarding the King: (1) No power regarding the governance
of the country shall be vested in the king.
(2) The Prime Minister shall perform all works pertaining to the
governance and operation of the country.
(3) Notwithstanding anything contained elsewhere in this
Constitution, the simple majority in the first meeting of the Constitutional
Assembly shall take decision about whether or not to give continuation to
the monarchy.
(4) The property of late King Birendra, late Queen Aishwarya and
other members of their family shall be brought under the control of the
Government of Nepal, and a Trust shall be established to use the property
for the benefit of the nation.
(5) All the property acquired by King Gyanendra in the capacity of
the King (for instance: the palaces in different parts of the country, forests
and national parks, heritage sites of historical and anthropological
importance etc.) shall be nationalized.
160. Provisions Regarding the Council of Ministers (1) The Council of
Ministers existing at the time of the commencement of this Constitution
shall be deemed to have been constituted under this Constitution.
(2) The Council of Ministers constituted pursuant to clause (1)
above, shall continue to work until the Council of Minister is constituted
under Article 38.
161. Provisions Regarding the Legislature-Parliament: Immediate after the
commencement of this Constitution, the Legislature-Parliament shall be
constituted under this Constitution.
(2) After the commencement of this Constitution, the existing
House of Representatives and the National Assembly shall automatically
be dissolved, and the first meeting of the Legislature-Parliament under
this Constitution shall convene on the same day.
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(3) The Bills that were under consideration in the House of
Representatives at the time of the commencement of this Constitution
shall be transferred to the Legislature-Parliament under this Constitution.
(4) The Parliament Secretariat and officials and the staff working in
the Secretariat at the time of the commencement of this Constitution shall
be deemed as the Secretariat of the Legislature-Parliament and the
officials and staff of the Secretariat shall be deemed to have been
maintained under this Constitution.
162. Provisions Regarding Judiciary: (1) The Supreme Court, Appellate
Court and District Courts subsisting at the time of the commencement of
this Constitution shall be deemed to have been constituted under this
Constitution, and this Constitution shall not be deemed to be hindering to
make the decisions by the concerned courts on the cases filed prior to the
commencement of this Constitution.
(2) The Judges working in the Supreme Court, Appellate Courts
and District Courts, after the commencement of this Constitution, shall
take an oath of commitment to this Constitution as determined by the
Government of Nepal. The Judges who decline to take oath shall be
considered automatically relieved from the position.
(3) Necessary legal arrangements shall be made on the basis of
democratic norms and values to bring about gradual reforms in the
judicial sector to make it independent, clean, impartial and competent.
163. Provisions Regarding the Constitutional Bodies and Officials
Thereof: (1) The Constitutional Bodies and officials thereof subsisting at
the time of the commencement of this Constitution, but which are not
reestablished under this Constitution, shall cease to exist after the
commencement of this Constitution.
(2) The Constitutional Bodies subsisting at the time of the
commencement of this Constitution shall be deemed to have been
constituted under this Constitution, and this Constitution shall not be
deemed to be hindering in the continuation to look after the matters under
consideration of such Bodies according to the laws in force. Necessary
legal arrangements shall be made to bring about gradual reform in the
Constitutional Bodies and the officials thereof, according to democratic
norms and values.
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(3) The subsisting National Human Rights Commission constituted
according to existing laws shall continue to exist until the constitution of a
National Human Rights Commission as provided for in this Constitution,
and the pending petitions and complaints shall be transferred to the
National Human Rights Commission constituted under this Constitution;
and the Commission shall take up the matters of such petitions and
complaints in accordance with this Constitution and the laws made under
it.
164. Existing laws to Remain in Operation: (1) The decisions made and
works performed by the reinstated House of Representatives that are not
inconsistent with this Constitution shall be deemed to have made and
performed in accordance with this Constitution.
(2) All the laws in force at the time of commencement of this
Constitution shall remain in operation until repealed or amended.
Provided that laws inconsistent with this Constitution shall, to the
extent of inconsistency, ipso-facto, cease to operate three months after the
commencement of this Constitution.
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PART 24
DEFINITION
165. Definition: (1) Unless the subject or context otherwise requires, in this
Constitution:-
(a) "Article" means an Article of this Constitution;
(b) "Nepal" means the State of Nepal;
(c) "Citizen" means the citizen of Nepal;
(d) "Bill" means a draft of Constitution or an Act which
has been introduced in Legislature-Parliament or the
Constituent Assembly.
(e) "Remuneration" means and includes salary, allowances, pension
and any other forms of emoluments.
(2) Unless the subject or context otherwise requires, the prevailing
laws of Nepal relating to interpretation 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.
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PART 25
SHORT TITLE, COMMENCEMENT AND ABROGATION
166. Short Title and Commencement: (1) This Constitution shall be called
"The Interim Constitution of Nepal, 2063 (2007).
(2) This Constitution shall be promulgated by the House of
Representatives and be approved by the interim Legislature-Parliament.
The details regarding the implementation of this Constitution shall be as
described in Schedule 2.
(3) The "Comprehensive Peace Accord" concluded between the
Government of Nepal and the Communist Party of Nepal (Maoist) on
Mangsir 5, 2063 (November 21, 2006), and an agreement relating to
"Monitoring of Arms and Army Management" reached on Mangsir 22,
2063 (December 8, 2006) are exhibited in Schedule 3.
(4) This Constitution shall come into force from………………….
167. Termination: The Constitution of the Kingdom of Nepal, 2047 (1990)
has hereby been terminated.
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SCHEDULE-1
(Relating to Article 6)
NATIONAL FLAG
(A) Method of Making the Shape inside the Border
1) On the lower portion of a crimson cloth draw a line AB of the required
length from left to right.
2) From A draw a line AC perpendicular to AB making AC equal to AB
plus one third AB. From AC mark off D making line AD equal to line
AB. Join BD.
3) From BD mark off E making BE equal to AB.
4) Touching E draw a line FG, starting from the point F on line AC,
parallel to AB to the right hand-side. Mark off FG equal to AB.
5) Join CG.
(B) Method of Making the Moon
6) From AB mark off AH making AH equal to one-fourth of line AB and
starting from H draw a line HI parallel to line AC touching line CG at
point I.
7) Bisect CF at J and draw a line JK parallel to AB touching CG at point
K.
8) Let L be the point where lines JK and HI cut one another.
9) Join JG.
10) Let M be the point where line JG and HI cut one another.
11) With centre M and with a distance shortest from M to BD mark off N
on the lower portion of line HI.
12) Touching M and starting from O, a point on AC, draw a line from left
to right parallel to AB.
13) With centre L and radius LN draw a semi-circle on the lower portion
and let P and Q be the points where it touches the line OM
respectively.
14) With centre M and radius MQ draw a semi-circle on the lower portion
touching P and Q.
15) With centre N and radius NM draw an arc touching PNQ at R and S.
Join RS. Let T be the point where RS and HI cut one another.
16) With centre T and radius TS draw a semi-circle on the upper portion
of PNQ touching it at two points.
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17) With centre T and radius TM draw an arc on the upper portion of PNQ
touching at two points.
18) Eight equal and similar triangles of the moon are to be made in the
space lying inside the semi-circle of No. (16) and outside the arc of
No. (17) of this Schedule.
(C) Method of Making the Sun
19) Bisect line AF at U, and draw a line UV parallel to AB line touching
line BE at V.
20) With centre W, the point where HI and UV cut one another and radius
MN draw a circle.
21) With centre W and radius LN draw a circle.
22) Twelve equal and similar triangles of the sun are to be made in the
space enclosed by the circles of No. (20) and No. (21) with the two
apexes of two triangles touching line HI.
(D) Method of Making the Border
23) The width of the border will be equal to the width TN. This will be of
deep blue colour and will be provided on all the sides of the flag.
However, on the five angles of the flag the external angles will be
equal to the internal angles.
24) The above mentioned border will be provided if the flag is to be used
with a rope. On the other hand, if it is to be hoisted on a pole, the hole
on the border on the side AC can be extended according to
requirements.
Explanation: - The lines HI, RS, FE, ED, JG, OQ, JK and UV are
imaginary. Similarly, the external and internal circles of the sun and the
other arcs except the crescent moon are also imaginary. These are not
shown on the flag.
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SCHEDULE-2
RELATING TO CLAUSE (2) OF ARTICLE 167
This Constitution shall be promulgated by the House of Representatives and be
ratified by the Legislature-Parliament after the beginning of the monitoring of
arms and army management in accordance with the "Comprehensive Peace
Accord" concluded between the Government of Nepal and the Communist Party
of Nepal (Maoist) on Mangsir 22, 2063 (November 21, 2006), and the
Agreement on the " Monitoring of Arms and Army Management" reached on
Mangsir 5, 2063 (8 November 2006).
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