1990 Constitution of Nepal – Part 1-10

PREAMBLE

WHEREAS, We are convinced that the source of sovereign authority of the independent and sovereign Nepal is inherent in the people, and, therefore, We have, from time to time, made known our desire to conduct the government of the country in consonance with the popular will;

AND WHEREAS, in keeping with the desire of the Nepalese people expressed through the recent people’s movement to bring about constitutional changes, We are further inspired by the objective of securing to the Nepalese people social, political and economic justice long into the future;

AND WHEREAS, it is expedient to promulgate and enforce this Constitution, made with the widest possible participation of the Nepalese people, to guarantee basic human rights to every citizen of Nepal; and also to consolidate the Adult Franchise, the Parliamentary System of Government, Constitutional Monarchy and the System of Multi Party Democracy by promoting amongst the people of Nepal the spirit of fraternity and the bond of unity on the basis of liberty and equality; and also to establish an independent and competent system of justice with a view to transforming the concept of the Rule of Law into a living reality;

NOW, THEREFORE, keeping in view the desire of the people that the State authority and sovereign powers shall, after the commencement of this Constitution, be exercised in accordance with the provisions of this Constitution, I, KING BIRENDRA BIR BIKRAM SHAH DEVA, by virtue of the State authority as exercised by Us, do hereby promulgate and enforce this CONSTITUTION OF THE KINGDOM OF NEPAL on the recommendation and advice, and with the consent of the Council of Ministers.

PART 1

PRELIMINARY

 

  1. Constitution as the Fundamental Law:
    1. This Constitution is the fundamental law of Nepal and all laws inconsistent with it shall, to the extent of such inconsistency, be void.
    2. It shall be the duty of every person to uphold the provisions of this Constitution.
  2. The Nation: Having common aspirations and united by a bond of allegiance to national independence and integrity of Nepal, the Nepalese people irrespective of religion, race, caste or tribe, collectively constitute the nation.
  3. The Sovereignty: The sovereignty of Nepal is vested in the Nepalese people and shall be exercised in accordance with the provisions of this Constitution.
  4. The Kingdom:
    1. Nepal is a multiethnic, multilingual, democratic, independent, indivisible, sovereign, Hindu and Constitutional Monarchical Kingdom.
    2. The territory of Nepal shall comprise:-
      1. the territory existing at the commencement of this Constitution; and
      2. such other territory as may be acquired after the commencement of this Constitution.
  5. National Flag: The national flag of Nepal, as handed down by tradition, consists of two juxtaoposed triangular figures with a crimson-coloured base and deep blue borders, there being a white emblem of the crescent moon with eight rays visible out of sixteen in the upper part and a white emblem of a twelve rayed sun in the lower part. The method of drawing out the flag and other particulars relating thereto shall be as set forth in Schedule 1.
  6. Language of the Nation:
    1. The Nepali language in the Devnagari script is the language of the nation of Nepal. The Nepali language shall be the official language.
    2. All the languages spoken as the mother tongue in the various parts of Nepal are the national languages of Nepal.
  7. National Anthem etc:
    1. The national anthem of Nepal shall be as provided in Schedule 2.
    2. The Rhododendron Arboreum shall be the national flower, Crimson Colour shall be the national colour, the Cow shall be the national animal and the Lophophorus shall be the national bird of Nepal.
    3. The coat-of-arms of Nepal shall be as set forth in Schedule 3. The coat-ofarms may be enlarged or reduced as required, and such colour shall be used therein as specified by His Majesty’s Government.

 

PART 2

CITIZENSHIP

 

  1. Citizenship at the Commencement of the Constitution: At the commencement of this Constitution, the following persons who have their domicile in Nepal shall be deemed to be citizens of Nepal:-
    1. any person who is a citizen of Nepal by virtue of Article 7 of the Constitution of Nepal (1962) or section 3 of the Nepal Citizenship Act, 1964,
    2. any person who has acquired naturalised citizenship of Nepal by virtue of section 6 of the Nepal Citizenship Act, 1964.
  2. Acquisition and Termination of Citizenship after the Commencement of the Constitution:
    1. A person who is born after the commencement of this Constitution and whose father is a citizen of Nepal at the birth of the child shall be a citizen of Nepal by descent.
    2. Every child who is found within the Kingdom of Nepal and the whereabouts of whose parents are not known shall, until the father of the child is traced, be deemed to be a citizen of Nepal by descent.
    3. Whenever any territory is acquired by way of incorporation into the Kingdom of Nepal, every person having his domicile within such territory shall become a citizen of Nepal, subject to the provisions of existing laws.
    4. After the commencement of this Constitution, the acquisition of citizenship of Nepal by a foreigner may be regulated by law which may, inter alia, require the fulfillment of the following conditions:
      1. that he can speak and write the language of the nation of Nepal;
      2. that he is engaged in any occupation in Nepal;
      3. that he has renounced his citizenship of another country; and
      4. that he has resided in Nepal for at least fifteen years.
    5. Notwithstanding anything contained in clause (4), a woman of foreign nationality who has a matrimonial relationship with a Nepalese citizen and who has initiated proceedings for renunciation of her foreign citizenship, and any other person, who has renounced the citizenship of Nepal and has gone to a foreign country but who has renounced his foreign citizenship, may acquire the citizenship of Nepal.
    6. Notwithstanding anything contained in sub-clauses (b) and (d) of clause (4), the son or daughter or descendant of a citizen of Nepal and who has resided in Nepal for a period of at least two years may acquire the citizenship of Nepal on such terms and conditions as may be prescribed by law:Provided that this clause shall not be applicable in the case of descendants of naturalised citizens.
    7. The termination of the citizenship of Nepal shall be as determined by law.
  3. Conferrment of Honorary Citizenship: Notwithstanding anything contained in Article 9, honorary citizenship may be granted to an internationally renowned person.

 

PART 3

FUNDAMENTAL RIGHTS

 

  1. 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 or ideological conviction or any of these.
    3. The State shall not discriminate citizens among citizens on grounds of religion, race, sex, caste, tribe or ideological conviction or any of these: Provided that special provisions may be made by law for the protection and advancement of the interests of women, children, the aged or those who are physically or mentally incapacitated or those who belong to a class which is economically, socially or educationally backward.
    4. No person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be deprived of the use of public utilities. Any contravention of this provision shall be punishable by law.
    5. No discrimination in regard to remuneration shall be made between men and women for the same work.
  2. Right to Freedom:
    1. No person shall be deprived of his personal liberty save in accordance with law, and no law shall be made which provides for capital punishment.
    2. All citizens shall have the following freedoms:-
      1. freedom of opinion and expression;
      2. freedom to assemble peaceably and without arms;
      3. freedom to form unions and associations;
      4. freedom to move throughout the Kingdom and reside in any part thereof; and
      5. freedom to practise any profession, or to carry on any occupation, industry or trade:
        Provided that:

        1. nothing in sub-clause (a) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behaviour or morality;
        2. nothing in sub-clause(b) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty, integrity or law and order situation of the Kingdom of Nepal;
        3. nothing in sub-clause (c) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, which may instigate violence,or which may be contrary to public morality;
        4. nothing in sub-clause (d) shall be deemed to prevent the making of laws which are in the interest of the general public, or which are made to impose reasonable restrictions on any act which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities;
        5. nothing in sub-clause (e) shall be deemed to prevent the making of laws to impose restrictions on any act which may be contrary to public health or morality, to confer on the State the exclusive right to undertake specified industries, businesses or services; or to impose any condition or qualification for carrying on any industry, trade, profession or occupation.
  3. Press and Publication Right:
    1. No news item, article or other reading material shall be censored:Provided that nothing shall prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities; or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behaviour or morality.
    2. No press shall be closed or seized for printing any news item, article or other reading material.
    3. The registration of a newspaper or periodical shall not be cancelled merely for publishing any news item, article or other reading material.
  4. Right Regarding Criminal Justice:
    1. No person shall be punished for an act which was not punishable by law when the act was committed, nor shall any person be subjected to a punishment greater than that prescribed by the law in force at the time of the commission of the offence.
    2. No person shall be prosecuted or punished for the same offence in a court of law more than once.
    3. No person accused of any offence shall be compelled to be a witness against himself.
    4. No person who is detained during investigation or for trial or for any other reason shall be subjected to physical or mental torture, nor shall be given any cruel, inhuman or degrading treatment. Any person so treated shall be compensated in a manner as determined by law.
    5. No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall be denied the right to consult and be defended by a legal practitioner of his choice.
      Explanation:- For the purpose of this clause, the words “legal practitioner” shall mean any person who is authorised by law to represent any person in any court.
    6. Every person who is arrested and detained in custody shall be produced before a judicial authority within a period of twenty-four hours after such arrest, excluding the time necessary for the journey from the place of arrest to such authority, and no such person shall be detained in custody beyond the said period except on the order of such authority.
    7. Nothing in clauses (5) and (6) shall apply to a citizen of an enemy state, and nothing in clause (6) shall apply to any person who is arrested or detained under any law providing for preventive detention.
  5. Right against Preventive Detention:
    1. No person shall be held under preventive detention unless there is a sufficient ground of existence of an immediate threat to the sovereignty, integrity or law and order situation of the Kingdom of Nepal.
    2. Any person held under preventive detention shall, if his detention was contrary to law or in bad faith, have the right to be compensated in a manner as prescribed by law.
  6. Right to Information:
    Every citizen shall have the right to demand and receive information on any matter of public importance:
    Provided that nothing in this Article shall compel any person to provide information on any matter about which secrecy is to be maintained by law.
  7. Right to Property:
    1. All citizens shall, subject to the existing laws, have the right to acquire, own, sell and otherwise dispose of, property.
    2. The State shall not, except in the public interest, requisition, acquire or create any encumberance on, the property of any person.
    3. The basis of compensation and procedure for giving compensation for any property requisitioned, acquired or encumbered by the State in the public interest, shall be as prescribed by law.
  8. Cultural and Educational Right:
    1. Each community residing within the Kingdom of Nepal shall have the right to preserve and promote its language, script and culture.
    2. Each community shall have the right to operate schools up to the primary level in its own mother tongue for imparting education to its children.
  9. Right to Religion:
    1. Every person shall have the freedom to profess and practise his own religion as handed down to him from ancient times having due regard to traditional practices:Provided that no person shall be entitled to convert another person from one religion to another.
    2. Every religious denomination shall have the right to maintain its independent existence and for this purpose to manage and protect its religious places and trusts.
  10. Right against Exploitation:
    1. Trafficing human beings, slavery, serfdom or forced labour in any form is prohibited. Any contravention of this provision shall be punishable by law:Provided that nothing herein shall be a bar to providing by law for compulsory service for public purposes.
    2. No minor shall be employed to work in any factory or mine, or be engaged in any other hazardous work.
  11. Right against Exile: No citizen shall be exiled.
  12. Right to Privacy: Except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone is inviolable.
  13. Right to Constitutional Remedy: The right to proceed in the manner set forth in Article 88 for the enforcement of the rights conferred by this Part is guaranteed.

 

PART 4

DIRECTIVE PRINCIPLES AND POLICIES OF THE STATE

 

  1. Application of Directive Principles and Policies:
    1. The principles and policies contained in this Part shall not be enforceable in any court.
    2. The principles and policies contained in this Part shall be fundamental to the activities and governance of the State and shall be implemented in stages through laws within the limits of the resources and the means available in the country.
  2. Directive Principles of the State:
    1. It shall be the chief objective of the State to promote conditions of welfare on the basis of the principles of an open society, by establishing a just system in all aspects of national life, including social, economic and political life, while at the same time protecting the lives, property and liberty of the people.
    2. The fundamental economic objective of the State shall be to transform the national economy into an independent and self-reliant system by preventing the available resources and means of the country from being concentrated within a limited section of society, by making arrangements for the equitable distribution of economic gains on the basis of social justice, by making such provisions as will prevent economic exploitation of any class or individual, and by giving preferential treatment and encouragement to national enterprises, both private and public.
    3. The social objective of the State shall be to establish and develop, on the foundation of justice and morality, a healthy social life, by eliminating all types of economic and social inequalities and by establishing harmony amongst the various castes, tribes, religions, languages, races and communities.
    4. It shall be the chief responsibility of the State to maintain conditions suitable to the enjoyment of the fruits of democracy through wider participation of the people in the governance of the country and by way of decentralisation, and to promote general welfare by making provisions for the protection and promotion of human rights, by maintaining tranquility and order in the society.
    5. The State, in its international relations, shall be guided by the objective of enhancing the dignity of the nation in the international arena by maintaining the sovereignty, integrity and independence of the country.
  3. State Policies:
    1. The State shall pursue a policy of raising the standard of living of the general public through the development of infrastructures such as education, health, housing and employment of the people of all regions, by equitably distributing investment of economic resources for balanced development in the various geographical regions of the country.
    2. The State shall, while maintaining the cultural diversity of the country, pursue a policy of strengthening the national unity by promoting healthy and cordial social relations amongst the various religions, castes, tribes, communities and linguistic groups, and by helping in the promotion of their languages, literatures, scripts, arts and cultures.
    3. The State shall pursue a policy of mobilizing the natural resources and heritage of the country in a manner which might be useful and beneficial to the interest of the nation.
    4. The State shall give priority to the protection of the environment and also to the prevention of its further damage due to physical development activities by increasing the awareness of the general public about environmental cleanliness, and the State shall also make arrangements for the special protection of the rare wildlife, the forests and the vegetation .
    5. The State shall create conditions for economic progress of the majority of the people, who are dependent on agriculture, by introducing measures which will help in raising productivity in the agriculture sector and develop the agricultural sector on the principles of industrial growth by launching land reform programmes.
    6. The State shall pursue a policy of increasing the participation of the labour force, the chief socio-economic force of the country, in the management of enterprises by gradually securing employment opportunities to it, ensuring the right to work, and thus protecting its rights and interests.
    7. The State shall pursue a policy of making the female population participate, to a greater extent, in the task of national development by making special provisions for their education, health and employment.
    8. The State shall make necessary arrangements to safeguard the rights and interests of children and shall ensure that they are not exploited, and shall make gradual arrangements for free education.
    9. The State shall pursue such policies in matters of education, health and social security of orphans, helpless women, the aged, the disabled and incapacitated persons as will ensure their protection and welfare.
    10. The State shall pursue a policy which will help promote the interests of the economically and socially backward groups and communities by making special provisions with regard to their education, health and employment.
    11. The State shall, with a view to bringing about prosperity in the country, pursue a policy of giving priority to the development of science and technology and shall also give due consideration to the development of local technology.
    12. The State shall, for the purposes of national development, pursue a policy of taking measures necessary for the attraction of foreign capital and technology, while at the same time promoting indigenous investment.
    13. The State shall pursue a policy of creating conditions for the acceleration of the speed of rural development, keeping in view the welfare of the majority of the rural population.
    14. The State shall, in order to secure justice for all, pursue a policy of providing free legal aid to indigent persons for their legal representation in keeping with the principle of the Rule of Law.
    15. The foreign policy of Nepal shall be guided by the principles of the United Nations Charter, nonalignment, the Panchsheel, international law and the value of world peace.
    16. The State shall pursue a policy of making continuous efforts to institutionalise peace for Nepal through international recognition, by promoting cooperative and good relations in the economic, social and other spheres on the basis of equality with neighbouring and all other countries of the world.

 

PART 5

HIS MAJESTY

 

  1. His Majesty:
    1. In this Constitution, the words “His Majesty” mean His Majesty the King for the time being reigning, being a descendant of the Great King Prithvi Narayan Shah and an adherent of Aryan culture and the Hindu religion.
    2. His Majesty is the symbol of Nepalese nationality and the unity of the Nepalese people.
    3. His Majesty is to preserve and protect this Constitution by keeping in view the best interests and welfare of the people of Nepal.
  2. Provision Relating to Succession to the Throne:
    1. Nothing in this Constitution shall affect the custom, usage and tradition relating to the order of succession to the Throne by the descendants of His Majesty.
    2. His Majesty shall have the exclusive power of enacting, amending and repealing the law relating to succession to the Throne by His descendants.
  3. Expenditures and Privileges Relating to His Majesty and the Royal Family: Expenditures and privileges relating to His Majesty and the Royal Family shall be as determined by law:Provided that no law shall be made having the effect of reducing the expenditures and privileges being provided by the existing law.
  4. Income and Property of His Majesty to be Exempt from Tax and Inviolable:
    1. The income and personal property of His Majesty shall be exempt from all kinds of tax, fee or other similar charge.
    2. The property of His Majesty shall be inviolable.
  5. Question not to be Raised in Courts: No question shall be raised in any court about any act performed by His Majesty:Provided that nothing in this Article shall be deemed to restrict any right under law to initiate proceedings against His Majesty’s Government or any employee of His Majesty.
  6. Royal Representative, Council of Royal Representatives, Regency and Council of Regency:
    1. In this Constitution, any reference to His Majesty shall, unless the subject or context otherwise requires, include reference to a Royal Representative or Council of Royal Representatives exercising powers pursuant to clause (2), and to a Regent or Council of Regnecy empowered pursuant to Article 34.
    2. His Majesty may, by warrant under His Royal Seal, appoint any person or council as His Royal Representative to exercise, subject to such conditions as may be specified in the warrant, such functions as His Majesty is to perform pursuant to this Constitution or the existing law during His Majesty’s absence from Nepal or during any specified period. The functions exercised by such Royal Representative within the terms and limits specified in the warrant shall, for the purpose of this Constitution and the existing laws, be deemed to have been exercised by His Majesty.
  7. Royal Standard and Salute:
    1. Square in shape and crimson in colour having borders in white, the Royal standard is traditionally comprised of a crescent moon, in the upper corner near the flagstaff with eight out of sixteen rays shown in white colour, and a white sun with twelve white rays in the upper corner opposite to the flagstaff, and a white flag showing a six-angled figure and a sword in the middle of the standard with an upright white lion facing the flag with both its paws holding, and the right hind leg supporting, the flagstaff.
    2. The national anthem of Nepal is the Royal salute.

 

PART 6

RAJ PARISHAD

 

  1. Raj Parishad:
    1. His Majesty shall constitute a Raj Parishad, the functions of which shall be as set forth in this Constitution.
    2. The Raj Parishad shall consist of the following members:-
      1. Members of the Royal Family as designated by His Majesty;
      2. Prime Minister, ex-officio Member;
      3. Chief Justice, ex-officio Member;
      4. Speaker of the House of Representatives, ex-officio Member;
      5. Chairman of the National Assembly, ex-officio Member;
      6. Chairman of the Standing Committee of the Raj Parishad, ex-officio Member;
      7. Deputy Prime Minister, ex-officio Member;
      8. Ministers, ex-officio Member;
      9. Leader of the opposition in the House of Representativs, ex-officio Member;
      10. Field Marshall, ex-officio Member;
      11. Bada Gurujyu, ex-officio Member;
      12. Commander-in-Chief, ex-officio Member;
      13. Mukhya Shahebjyu, ex-officio Member;
      14. Chief Commissioner of the Commission for the Investigation of Abuse of Authority, ex-officio Member;
      15. Auditor-General, ex-officio Member;
      16. Chairman of the Public Service Comission, ex-officio Member;
      17. Chief Election Commissioner, ex-officio Member;
      18. Attorney-General, ex-officio Member;
      19. Mukhya Chautariya, ex-officio Member;
      20. Principal Secretary or Secretary of His Majesty, ex-officio Member;
      21. Chief Secretary of His Majesty’s Government, ex-officio Member;
      22. Inspector-General of Police, ex-officio Member; and
      23. Such other members as His Majesty may designate from among persons who, being renowned in different fields of national life, or who, having rendered distinguished service, are considered fit to be members of the Raj Parishad.
    3. Persons designated by His Majesty pursuant to sub-clauses (a) and (w) of clause (2) shall remain members during the pleasure of His Majesty.
    4. A meeting of the Raj Parishad shall be summoned by the command of His Majesty, and shall be presided over by Him if present at the meeting. If His Majesty is not present at the meeting, and if the Crown Prince has attained the age of eighteen years, the meeting shall be presided over by the Crown Prince, and if the Crown Prince has not attained the age of eighteen years, or if He is not present, the meeting shall be presided over by such person as is designated by His Majesty, and if no such person has been designated, by the Chairman of the Standing Committee of the Raj Parishad.
    5. The Chairman of the Standing Committee of the Raj Parishad shall summon a meeting of the Raj Parishad in the following circumstances and such meeting shall be conducted under his Chairmanship:
      1. on the demise of His Majesty or if His Majesty proclaims His abdication,
      2. if at least one-fourth of the total number of members of the Raj Parishad sign a requisition declaring that His Majesty is unable, by reason of mental or physical infirmity, to perform his functions.
    6. A meeting summoned under the circumstances mentioned in sub-clause (a) of clause (5) shall proclaim the accession to the Throne of the heir apparent to His Majesty in accordance with the law, custom and usage relating to the succession to the Throne. It shall also proclaim the appointment of a Regent or Council of Regency, subject to rules made by His Majesty, in case His Majesty is below the age of eighteen years:Provided that the Regency or Council of Regency proclaimed under this clause shall dissolve on His Majesty attaining the age of eighteen years.
    7. If a meeting of the Raj Parishad, summoned under sub-clause (b) of Clause (5) with the objective of deciding whether His Majesty is mentally or physically incapacitated, passes a resolution confirming such incapacity by a majority of two-thirds of its total membership, the meeting of the Raj Parishad shall proclaim the Crown Prince to be the Regent if He has attained the age of eighteen years, and in other circumstances, it shall, subject to rules made by His Majesty, Proclaim a Regent or Council of Regency:Provided that the Regency or Council of Regency proclaimed under this clause shall, subject to rules made by His Majesty, dissolve on the demise of or abdication by His Majesty, or on His Majesty informing the Raj Parishad that He is fit to resume the Royal functions.
    8. A Regent or Council of Regency proclaimed under clauses (6) and (7) shall not have any power to decide or to give approval to anything which shall be prejudicial to the interest of His Majesty or His successor.
    9. Nothing in clauses (6) and (7) shall prevent the heir apparent to His Majesty from exercising the powers of the Throne pending a proclamation to that effect.
    10. The Raj Parishad shall transact its business notwithstanding the absence of any of its members at any meeting if:-
      1. notice of such meeting has been sent to all persons who were members on the date of issuance of the notice; and
      2. at least one-third of the total number of members are present.
    11. The Raj Parishad may make necessary rules to regulate its business. Until such rules are made, its business shall be regulated by rules made by His Majesty.
    12. Members of the Raj Parishad shall take an oath in the manner as specified by His Majesty.
    13. His Majesty shall appoint the Secretary of the Raj Parishad.
    14. His Majesty may, from amongst the members of the Raj Parishad, constitute a Standing Committee of the Raj Parishad, consisting of a maximum of fifteen members including a Chairman and the following ex-officiomembers:-
      1. Prime Minister;
      2. Chief Justice;
      3. Speaker of the House of Representatives;
      4. Chairman of the National Assembly;
      5. Bada Gurujyu; and
      6. Commander-in-Chief.
    15. The tenure of office of the Chairman and the members of the Standing Committee of the Raj Parishad other than the ex-officio members shall be four years from the date of appointment. Such members shall be eligible for reappointment.
    16. The office of the Chairman or a member of the Standing Committee of the Raj Parishad shall be deemed vacant under the following circumstances:-
      1. if he dies;
      2. if he is relieved of office by His Majesty;
      3. if his resignation submitted to His Majesty in writing is accepted by Him;
      4. if his term of office expires pursuant to clause (15).
    17. In order to be eligible for appointment as the Chairman or a member of the Standing Committee of the Raj Parishad, a person must meet the following requirements:-
      1. he has reached the age of fifty years;
      2. he is not disqualified under any law.
    18. The functions, duties and powers of the Standing Committee of the Raj Parishad shall be as follows:-
      1. to submit recommendations on matters referred to it by His Majesty; and
      2. to carry out the functions relating to the Royal Family as specified by His Majesty.
    19. The Standing Committee of the Raj Parishad may, subject to the provisions of this Article, frame necessary rules to regulate its business. Until such time as these rules are approved by His Majesty, this business shall be regulated by rules made by His Majesty.
    20. The remuneration of the Chairman and the members of the Standing Committee of the Raj Parishad shall be as fixed by His Majesty.
    21. The meetings of the Standing Committee of the Raj Parishad shall be summoned by its Chairman. During discussions on any issue at such meetings, any other member of the Raj Parishad may also be invited.
    22. The Secretary of the Raj Parishad shall also act as the Secretary of its Standing Committee.
    23. The members of the Standing Committee of the Raj Parishad shall take an oath in the manner as specified by His Majesty.

 

PART 7

EXECUTIVE

  1. Executive Power:
    1. The executive power of the Kingdom of Nepal shall, pursuant to this Constitution and other laws, be vested in His Majesty and the Council of Ministers.
    2. Except as otherwise expressly provided as to be exercised exclusively by His Majesty or at His discretion or on the recommendation of any institution or official, the powers of His Majesty under this Constitution shall be excercised upon the recommendation and advice, and with the consent of the Council of Ministers. Such recommendation, advice and consent shall be submitted through the Prime Minister.
    3. The responsibility of issuing general directives, controlling and regulating the administration of the Kingdom of Nepal shall, subject to this Constitution and other laws, lie in the Council of Ministers.
    4. Except in so for as any action is to be taken in the name of His Majesty pursuant to this Constitution and other laws, all other executive action shall be expressed to be taken in the name of His Majesty’s Government.
    5. Any decision, order or implementation warrant to be issued in the name of His Majesty pursuant to this Constitution and other laws shall be authenticated in such manner as may be set forth in rules made by His Majesty at His discretion. All other decisions, orders and implementation warrants to be issued in the name of the Council of Ministers pursuant to clause (4) above shall be authenticated in such manner as may be set forth in rules approved by His Majesty.
    6. No question shall be raised in any court as to whether or not any recommendation or advice has been given to His Majesty pursuant to this Constitution by the Council of Ministers or any other institution or official, nor shall any question be raised in any court about what recommendation or advice has been given.
  2. Constitution of Council of Ministers:
    1. His Majesty shall appoint the leader of the party which commands a majority in the House of Representatives as the Prime Minister,and shall constitute the Council of Ministers under his chairmanship.
    2. The Council of Ministers, in addition to the Prime Minister, shall consist of a Deputy Prime Minister if required and such other Ministers as may be required.
    3. His Majesty shall, upon the recommendation of the Prime Minister, appoint from amongst the members of Parliament, a Deputy Prime Minister if required and such other Ministers as may be required.
    4. The Prime Minister and other Ministers shall be collectively responsible to the House of Representatives, and the Ministers shall be individually responsible for the work of their respective Ministries to the Prime Minister and the House of Representatives.
    5. The Prime Minister shall be relieved of his office in the following circumstances:
      1. if his resignation submitted to His Majesty in writing is accepted by Him; or
      2. if His Majesty relieves him of office in accordance with a no-confidence resolution passed by a majority of the total number of members of the House of Representatives pursuant to Article 59; or
      3. if he ceases to be a member of the House of Representatives; or
      4. if he dies.
    6. The Deputy Prime Minister or a Minister shall be relieved of his office in the following circumstances:
      1. if his resignation submitted to His Majesty in writing through the Prime Minister is accepted by Him; or
      2. if the Prime Minister is relieved of his office pursuant to the provisions of clause (5) above; or
      3. if he ceases to be a member of Parliament; or
      4. if he is relieved of his office by His Majesty upon the recommendation of the Prime Minister; or
      5. if he dies.
    7. If the Prime Minister is relieved of his office pursuant to clause (5), the existing Council of Ministers shall continue to function until a new Council of Ministers is constituted:Provided that His Majesty shall, upon the death of the Prime Minister, designate either the Deputy Prime Minister or the seniormost Minister to act as the Prime Minister until a new Prime Minister is appointed.
  3. State Ministers and Assistant Ministers:
    1. His Majesty shall, on the recommendation of the Prime Minister, appoint State Ministers from amongst the members of Parliament.
    2. His Majesty shall, upon the recommendation of the Prime Minister, appoint Assistant Ministers from amongst the members of Parliament to assist any Minister in carrying out his responsibilities.
    3. The provisions of clause (6) of Article 36 relating to Ministers shall also be applicable to State Ministers and Assistant Ministers.
  4. Appointment of Non-Member of Parliament as Minister: Notwithstanding anything contained in Articles 36 and 37, any person who is not a member of either House of Parliament may be appointed Deputy Prime Minister, Minister, State Minister or Assistant Minister:Provided that such Deputy Prime Minister, Minister, State Minister or Assistant Minister shall be required to become a member of Parliament within six months from the date of his appointment.
  5. Remuneration and Other Privileges: The remuneration and other privileges of the Prime Minister, Deputy Prime Minister, Ministers, State Ministers and Assistant Ministers shall be as determined by an Act, and until so determined, shall be as specified in rules made by His Majesty.
  6. Oath: The Prime Minister, Deputy Prime Minister and other Ministers shall take their oaths of office and secrecy before His Majesty, and the State Ministers and Assistant Ministers before the Prime Minister.
  7. Conduct of Government Business:
    1. The allocation and transaction of business of His Majesty’s Government shall be carried out as set forth in rules approved by His Majesty.
    2. No question shall be raised in any court as to whether or not rules made prusuant to clause (1) above have been observed.
  8. Special Provisions Concerning the Council of Ministers:
    1. If no one party has a clear majority in the House of Representatives, His Majesty shall appoint as Prime Minister a member who is able to command a majority with the support of two or more parties represented in the House.
    2. If no member is able to command a majority in the House of Representatives even pursuant to clause (1) above, His Majesty shall appoint as Prime Minister the leader of the Parliamentary party that holds the largest number of seats in the House of Representatives.
    3. A Prime Minister appointed pursuant to clause (1) or (2) above shall be required to obtain a vote of confidence from the House of Representatives within thirty days.
    4. If a Council of Ministers constituted pursuant to the provisions of clause (2) above fails to obtain a vote of confidence from the House of Representatives, His Majesty shall dissolve the House of Representatives and issue an order for holding elections within six months.
  9. Information to be submitted to and Recommendations to be made by His Majesty:
    1. It shall be the duty of the Prime Minister to inform His Majesty of the following matters:
      1. decisions of the Council of Ministers regarding the administration of the Kingdom of Nepal,
      2. Bills to be introduced in Parliament,
      3. such other information as commanded by His Majesty on matters mentioned in sub-clauses (a) and (b), and
      4. the current general state of affairs of the country, matters concerning peace and security in the country, matters of political, social and administrative concerns, and matters concerning international relations.
    2. His Majesty may make recommendations to, or appreciations of, or admonitions to, the Council of Ministers on matters of national importance.

 

PART 8

LEGISLATURE

 

  1. Constitution of Legislature:
      There shall be a Legislature, to be called Parliament, which shall consist of His Majesty and two Houses, namely the House of Representatives and the National Assembly.
  2. Constitution of the House of Representatives:
    1. The House of Representatives shall consist of two hundred and five members.
    2. For the purpose of election of members to the House of Representatives, administrative districts shall be treated as election districts, and the ratio of the number of seats allocated to any district shall be, so far as practicable, equal to the ratio of the population of that district to the national population, as determined by the last census preceding the concerned election; and the number of election constituencies shall be equal to the number of seats so allocated; and one member shall be elected from each election constituency:Provided that the number of members to be elected from the districts shall be so determined and election constituency so delimitated as to be elected at least one member from each district irrespective of its population.
    3. Unless dissolved earlier pursuant to the provisions of this Constitution, the term of the House of Representatives shall be five years: Provided that the term of the House of Representatives may be extended by an Act for a period not exceeding one year during the operation of a proclamation of a State of Emergency.
    4. The term of the House of Representatives as extended in pursuance of the proviso clause of clause (3) shall ipso facto stand terminated after the expiry of six months from the date on which the proclamation of the State of Emergency is withdrawn.
    5. Subject to the provisions of this Constitution, election to membership in the House of Representatives shall be held on the basis of one person-one vote through secret ballots in accordance with the provisions of law.
    6. Every Nepali citizen who has attained the age of eighteen shall be entitled to vote in one of the election constituencies in accordance with the provisions of law.
    7. Every person who is entitled to vote in the elections for the House of Representatives may, subject to the provisions of Article 47 and other existing laws, be a candidate from any of the election constituencies.
    8. Any vacancy in a seat occuring in the House of Representatives, while a portion of its term still remains, shall be filled through a by-election.
    9. Subject to the provisions of this Article, elections for the House of Representatives and other matters pertaining thereto shall be regulated in accordance with law.
  3. Constitution of the National Assembly and the Tenure of Office of Members:
    1. The National Assembly shall consist of sixty members as follows:-
      1. ten members to be nominated by His Majesty from amongst persons of high reputation who have rendered prominent service in various fields of national life,
      2. thirty five members, including at least three women members, to be elected by the House of Representatives in accordance with the provisions of law, on the basis of the system of proportional representation by means of the single transferable vote, and
      3. fiteen members, three from each of the Development Regions, to be elected in accordance with law on the basis of the system of single transferable vote by an electoral college consisting of the Chief and the Deputy Chief of the Village and Town level Local Authorities and the Chief, Deputy Chief and the members of the District level Local Authorities: Provided that until elections are held for the Local Authorities, such electoral college shall, for the first time, consist of the members of the House of Representatives elected from the concerned Development Region.
    2. The National Assembly shall be a permanent House. The tenure of office of one-third of its members shall expire every two years.
    3. The tenure of office of the members of the National Assembly shall be six years: Provided that, for the first time, after the commencement of this Constitution, arrangements shall be made by drawing lots to retire one-third of the members on the expiry of two years, another one-third on the expiry of four years, and the final one-third on the expiry of six years.
    4. The term of office of the members, including any unfilled seats, shall be deemed to have started on the date on which the National Assembly commences its first session.
    5. Vacancies of seats in the National Assembly shall be filled in the same manner of election or nomination through which the seat of the vacating member was filled.
    6. If any seat of a member of the National Assembly falls vacant during his tenure of office, the vacancy shall be filled in accordance with clause (5), by election or nomination, as the case may be, for the remainder of the term.
  4. Qualifications for Membership:
    1. In order to become a member of Parliament any person-
      1. must be a citizen of Nepal;
      2. must have attained twenty five years of age for the House of Representatives and thirty five years of age for the National Assembly;
      3. should not be disqualified under any law; and
      4. should not hold an office of profit.Explanation: For the purpose of this sub-clause, “office of profit” means any position, other than a political position, to be filled by election or nomination for which a remuneration or economic benefit is paid out of a Government Fund.
    2. No person shall be a member of both Houses simultaneously.
  5. Decision as to Disqualifications of Members: If a question arises as to whether a member of Parliament is disqualified or has ceased to possess any of the qualifications set forth in Article 47, the final decision shall be made by the Chief Justice of Nepal or any other Judge of the Supreme Court designated by him.
  6. Vacation of seat: The seat of a member of Parliament shall become vacant in the following circumstances:
    1. if he dies; or
    2. if he resigns in writing; or
    3. if he does not or has ceased to possess the qualifications referred to in Article 47; or
    4. if his term of office expires, or if the term of the House expires in accordance with this Constitution; or
    5. if he, without the leave of the concerned House, absents himself from thirty consecutive meetings of the House; or
    6. if the party of which he was a member when elected provides notification in the manner set forth by law that he has abandoned the party.
  7. Oath: The members of each House of Parliament shall, before taking part for the first time in a meeting of that House or any of its committees, take an oath in the specified form.
  8. Speaker and Deputy Speaker of the House of Representatives:
    1. The House of Representatives shall, as soon as possible, elect a Speaker and a Deputy Speaker from among its members. If theoffice of the Speaker or the Deputy Speaker falls vacant, the House of Representatives shall fill the vacancy through election from among its members.
    2. The Deputy Speaker shall, in the absence of the Speaker of the House of Representatives, chair the House of Representatives.
    3. If the election of the Speaker and Deputy Speaker has not taken palce, or if both the positions have become vacant, the member of the House of Representatives who is by age the seniormost shall preside over the meeting of the House of Representatives.
    4. The office of the Speaker or the Deputy Speaker shall become vacant in the following circumstances:
      1. if he ceases to be a member of the House of Representatives: Provided that, after the dissolution of the House of Representatives, the Speaker and Deputy Speaker shall continue in office until the date of the filing of nominations for election to the House of Representatives; or
      2. if he submits a written resignation; or
      3. if a resolution is passed by a majority of two-thirds of the total number of members in the House of Representatives to the effect that his conduct is not compatible with his position.
    5. The Deputy Speaker shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the Speaker of the House of Representatives is not compatible with his position. The Speaker shall be entitled to take part and vote in the deliberations on such resolution.
  9. Chairman and Vice Chairman of the National Assembly:
    1. After the commencement of its first session, the National Assembly shall, as soon as possible, elect a Chairman and Vice Chairman from among its members. If the office of the Chairman or the Vice-Chairman falls vacant, the National Assembly shall fill the vacancy through election from among its members.
    2. The Vice-Chairman shall, in the absence of the Chairman of the National Assembly, chair the National Assembly.
    3. If the election of the Chairman and Vice-Chairman has not taken place, or if both the positions have become vacant, the member of the National Assembly who is by age the seniormost shall preside over the meeting of the National Assembly.
    4. The office of the Chairman or the Vice-Chairman shall become vacant in the following circumstances:
      1. if he ceases to be a member of the National Assembly; or
      2. if he submits a written resignation; or
      3. if a resolution is passed by a majority of two-thirds of the total number of members of the National Assembly to the effect that his conduct is not compatible with his position.
    5. The Vice-Chairman shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the Chairman of the National Assembly is not compatible with his position. The Chairman shall be entitled to take part and vote in the deliberations on such resolution.
  10. Summoning and Prorogation of Sessions and Dissolution of the House of Representatives:
    1. His Majesty shall summon a session of parliament within one month after the elections to the House of Representatives are held. Thereafter, His Majesty shall summon other sessions from time to time in accordance with this Constitution: Provided that the interval between two consecutive sessions shall not be more than six months.
    2. His Majesty may prorogue the session of both or either of the Houses of Parliament.
    3. If, during the prorogation or recess of the House of Representatives, one-fourth of its members make a representation that it is appropriate to convene a session or meeting, His Majesty shall specify the date and time for such session or meeting, and the House of Representatives shall meet or commence its session on the date and time thus fixed.
    4. His Majesty may dissolve the House of Representatives on the recommendation of the Prime Minister. His Majesty shall, when so dissolving the House of Representatives, specify a date, to be within six months, for new elections to the House of Representatives.
  11. Address and Message by His Majesty:
    1. His Majesty may address either House or a joint sitting of both the Houses of Parliament, and He may summon the members for that purpose.
    2. His Majesty shall address the first session after an election to the House of Representatives and a joint sitting of both the Houses of Parliament after the commencement of the first session of each year.
    3. His Majesty may send messages to either or both the Houses of Parliament. The House receiving such message shall, as early as possible, consider the matter mentioned in the message and submit its opinion to His Majesty.
  12. Quorum: Except as otherwise provided in this Constitution, no resolution shall be presented for decision in either House of Parliament unless one-fourth of the total number of members of the concerned House are present.
  13. Restriction on discussion:
    1. No discussion shall be held in either House of Parliament on the conduct of His Majesty, Her Majesty the Queen and the heir apparent to His Majesty:Provided that nothing in this Article shall be deemed to bar criticism of His Majesty’s Government.
    2. No discussion shall be held in either House of Parliament on a matter which is under consideration in any court of Nepal.
    3. No discussion shall be held in either House of Parliament about anything done by a Judge in course of performance of his duties: Provided that nothing in this clause shall be deemed to bar the expression of opinion about the conduct of a Judge during deliberations on a resolution held pursuant to clause (7) of Article 87.
  14. Transaction of Business in case of vacancy of Members: Either House of Parliament shall have the power to transact its business notwithstanding any vacancies in the seats of its members; and no proceedings shall become invalid even if it is subsequently discovered that a person not entitled to take part in the proceedings of either House had participated therein.
  15. Voting: Except as otherwise provided in this Constitution, all questions submitted for decision in either House of Parliament shall be decided by a majority vote of the members present and voting. Normally, the member presiding shall not have the right to vote, but he may exercise the casting vote in case of tie.
  16. Vote of Confidence:
    1. The Prime Minister, while he holds office, may, whenever he is of the opinion that it is necessary or appropriate to obtain a vote of confidence from the members of the House of Representatives, table a resolution to that effect in the House of Representatives.
    2. One-fourth of the total number of members of the House of Representatives may table in writing a no-confidence motion against the Prime Minister: Provided that a no-confidence motion shall not be presented more than once in the same session.
    3. A decision on a resolution tabled pursuant to clauses (1) and (2) shall be made by a majority of the total number of members of the House of Representatives.
  17. Minister Entitled to Take Part in Both Houses: A Minister shall be entitled to attend and take part in the proceedings and deliberations of either House of Parliament and its committees: Provided that he shall not be entitled to vote in a House or committee of which he is not a member.
  18. Penalty for Unauthorized Presence or Voting: If a person sits or votes in a meeting of either House of Parliament as a member without taking an oath pursuant to Article 50, or knowing that he is not qualified for membership in the House, he shall, on order of the person chairing the House, be liable to a fine of one thousand rupees for each day of such presence or voting. The fine shall be recovered as government dues.
  19. Privileges:
    1. Subject to the provisions of this Constitution, there shall be full freedom of speech in both Houses of Parliament and no member shall be arrested, detained or prosecuted in any court for anything said or any vote cast in the House.
    2. Subject to the provisions of this Constitution, each House of Parliament shall have full power to regulate its internal business, and it shall be the exclusive right of the House concerned to decide whether or not any proceeding of the House is regular. No question shall be raised in any court in this behalf.
    3. Subject to the provisions of this Constitution, no comment shall be made about the good faith concerning any proceeding of either House of Parliament and no publication of any kind shall be made about anything said by any member which intentionally distorts or misinterprets the meaning of the speech.
    4. Subject to the provisions of this Constitution, the provisions of clauses (1) and (3) shall also apply to any person, other than a member, who is entitled to take part in a meeting of the House.
    5. No proceedings shall be initiated in any court against any person for publication of any document, report, vote or proceeding which is made under authority given, subject to the provisions of this Constitution, by a House of Parliament.Explanation: For the purpose of this clause and clauses (1), (2), (3) and (4), the word “House” shall mean and include the committees of a House and shall also mean a joint sitting of Parliament or a meeting of the Joint Committee.
    6. No member of Parliament shall be arrested between the date of issuance of the summons for a session and the date on which that session closes:Provided that nothing in this clause shall be deemed to prevent the arrest under any law of any member on a criminal charge. If any member is so arrested, the official making such arrest shall forthwith inform the person chairing the concerned House.
    7. Any breach of privilege of either House of Parliament shall be deemed to constitute contempt of Parliament and the concerned House shall have the exclusive right to decide whether or not any breach of privilege has taken place.
    8. If a person is in contempt of either House of Parliament, the Chairperson of the concerned House may, after a decision by the House to that efffect, admonish, warn or impose a sentence of imprisonment not exceeding three months, to remain effective only during the current session of the House, or impose a fine up to five thousand rupees on such person. The fine shall be recovered as government dues:Provided that if the person so accused submits an apology to the satisfaction of the House, it may either pardon him or remit or commute the sentence imposed on him.
    9. Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.
  20. Procedures relating to the Conduct of Business:
    1. Each House of Parliament shall, subject to the provisions of this Constitution, frame rules for conducting its business, maintaining order during its meetings and regulating the constitution, functions and procedures of the committees or any other matter of the House or the committees. Such rules shall come into effect upon approval by His Majesty.
    2. Matters relating to the conduct of business of a joint sitting of Parliament and the constitution of its Joint Committee, and the functions and procedures thereof shall be in accordance with rules made by His Majesty on the recommendation of the Speaker of the House of Representatives and the Chairman of the National Assembly.
    3. Until such time as rules mentioned in clauses (1) and (2) are made, matters mentioned in those clauses shall be governed by rules made by His Majesty.
  21. Committees: The House of Representatives may, by rules, regulate the constitution and management of Committees on Finance, Public Account, Human Rights, Foreign Relations, Natural Resources, Protection of the Environment, Population and such committees on other subjects as required.
  22. Joint Committee:
    1. If a resolution is passed by either House demanding that a Joint Committee of both the Houses be constituted for the purpose of managing the working procedure between the two Houses, resolving disagreements on any Bill, or for any other specified function, a Joint Committee thereon shall be constituted.
    2. The Joint Committee shall consist of up to a maximum of fifteen members in the ratio of two members from the House of Representatives to one member from the National Assembly.
  23. Secretariat of Parliament:
    1. His Majesty shall appoint the Secretary of the House of Representatives on the recommendation of its Speaker, and the Secretary of the National Assembly on the recommendation of its Chairman and the Secretary-General of Parliament in consultation with both the Speaker and the Chairman.
    2. The establishment of a Secretariat for the purpose of conducting the business of Parliament and other matters related thereto shall be as determined by law.
  24. Remuneration: The remuneration and privileges of the Speaker and Deputy Speaker of the House of Representatives, the Chairman and Vice-Chairman of the National Assembly and members of Parliament shall be determined by law, and until so determined, shall be as specified by His Majesty.

 

PART 9

LEGISLATIVE PROCEDURE

  1. Constitution of Legislature:
    1. A Bill may be introduced in either House of Parliament:
      Provided that a Finance Bill shall be introduced only in the House of Representatives.
    2. A Finance Bill or a Bill concerning the Royal Nepal Army or the Armed Police Force shall be
      introduced only as a Government Bill. Any amendment to such Bill may be introduced only upon the
      prior approval of His Majesty. Such approval shall be obtained through the person chairing the
      House.
    3. “Finance Bill” means a Bill concerning any or all of the following subjects:-
      1. the imposition, collection, abolition, remission, alteration or regulation of
        taxes;
      2. 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;
      3. the regulation of matters relating to the raising of loans or the giving of
        guarantees by His Majesty’s Government, or any matter pertaining to
        amendment of the laws concerning the financial liabilities undertaken or to be
        undertaken by His Majesty’s Government;
      4. the custody and investment of all revenues received by any Government Fund,
        moneys acquired through the repayment of loans, and grant moneys; or audits
        of the accounts of His Majesty’s Government; or
      5. matters directly related to the above subjects.
    4. If any question arises whether a Bill is a Finance Bill or not, the decision of the Speaker shall be
      final.
  2. Procedure for Passage of Bills:
    1. A Bill passed by one House of Parliament shall be transmitted to
      the other House as soon as possible and such Bill, if passed by the receiving House, shall be
      presented to His Majesty for assent.
    2. A Finance Bill passed by the House of Representatives shall be transmitted to the National
      Assembly. The National Assembly shall, after deliberations on such a Bill, send back the Bill to the
      House of Representatives within fifteen days from the date of receipt of the Bill with
      recommendations, if any.
    3. The House of Representatives shall, upon deliberations on a Bill returned with recommendations
      pursuant to clause (2), present it to His Majesty for assent alongwith such recommendations as it
      may deem appropriate.
    4. If the National Assembly does not return a Bill received pursuant to clause (2) for more than
      fifteen days, the House of Representatives may present the Bill to His Majesty for assent.
    5. Any Bill, except for a Finance Bill, passed by the House of Representatives and transmitted to
      the National Assembly shall be sent back with approval or recommendations within two months
      from the date of receipt. If the National Assembly does not return the Bill within that period, the
      House of Representatives may, by a resolution passed by a majority of more than fifty percent of the
      sitting members, present the Bill to His Majesty for assent.
    6. If any Bill passed by one House is rejected or is passed with amendments by the other House, the
      Bill shall be transmitted back to the House where it originated.
    7. If the House of Representatives, in considering a Bill which has been rejected or amended by the
      National Assembly pursuant to clause (6), passes it again as it was or with amendments, by a
      majority of more than fifty percent of its sitting members, the Bill shall be presented to His Majesty
      for assent.
    8. A Bill for which amendments have been recommended and which has been transmitted to the
      National Assembly by the House of Representatives pursuant to clause (6) shall be presented to His
      Majesty for assent if the National Assembly also passes a resolution to adopt the Bill with such
      amendments.
    9. The following Bills shall be referred to a joint sitting of the two Houses and if the joint sitting
      passes the Bill as it was or with amendments, the House in which the Bill originated shall present it
      to His Majesty for assent:-

      1. Bills which, though passed by the National Assembly, have been rejected by
        the House of Representatives; or
      2. Bills which have been returned to the National Assembly with amendments by
        the House of Representatives, but which the National Assembly fails to pass
        with such amendments.
    10. If a session of a House terminates while a Bill is under consideration, deliberations on the Bill
      may continue at the succeding session:
      Provided that if any Bill introduced in the House of Representatives is under consideration, or if a
      Bill, having been passed by that House and transmitted to the National Assembly, is under
      consideration in the National Assembly, when the House of Representatives is dissolved or its term
      expires, such Bill shall be deemed to have lapsed.
  3. Withdrawl of Bills: A Bill may be withdrawn by the member introducing it with the approval of the
    House.
  4. Assent on Bills:
    1. A Bill which is to be presented to His Majesty for assent pursuant to Article 69
      shall be so presented by the Speaker or the Chairman of the House in which the Bill originated after
      it has been duly certified by him under his hand:
      Provided that in the case of a Finance Bill, the Speaker shall so certify.
    2. Upon His Majesty’s assent to any Bill that has been presented to Him pursuant to this Article,
      both Houses shall be informed as soon as possible.
    3. Except for a Finance Bill, if His Majesty is of the opinion that any Bill needs further
      deliberations, He may send back the Bill with His message to the House of origin of the Bill within
      one month from the date of presentation of the Bill to Him.
    4. If any Bill is sent back with a message from His Majesty, it shall be reconsidered by a joint
      sitting of the two Houses and if the Bill so reconsidered is again passed as it was or with
      amendments, and is again presented to Him, His Majesty shall give assent to that Bill within thirty
      days of such presentation.
    5. A Bill shall become an Act after His Majesty grants His assent to it in accordance with this
      Article, and such assent shall be deemed to have been granted after the Royal Seal has been affixed
      thereon.
  5. Ordinance:
    1. (1) If at any time, except when both Houses of Parliament are in session, His Majesty is
      satisfied that circumstances exist which render it necessary for Him to take immediate action, He
      may, without prejudicing the provisions set forth in this Constitution, promulgate any Ordinance as
      He may deem necessary.
    2. (2) An Ordinance promulgated under clause (1) shall have the same force and effect as an Act:
      Provided that every such Ordinance –

      1. shall be tabled at the next session of both Houses of Parliament, and if not
        passed by both Houses, it shall ipso facto cease to be effective;
      2. may be repealed at any time by His Majesty; and
      3. shall, unless rendered ineffective or repealed under sub-clause (a) or (b), ipso
        facto cease to have effect at the expiration of six months from its promulgation
        or sixty days from the commencement of a session of both the Houses.Explanation: If the two Houses of Parliament meet on different dates, the latter
        date on which a House commences its session shall be deemed to be the date of commencement of session for the purpose of computation of time under this
        clause.

PART 10

FINANCIAL PROCEDURE

  1. No Tax to be Levied or Loan to be Raised Except in Accordance with Law:
    1. No tax shall be levied and collected except in accordance with law.
    2. No loan shall be raised or guarantee be given by His Majesty’s Government except in accordance with law.
  2. Consolidated Fund: Except for the revenues of religious endowments, all revenues received by His Majesty’s Government, all loans raised on the security of revenues and all moneys received in repayment of any loan made under the authority of any Act shall, unless otherwise provided by an Act, be credited to a Government Fund to be known as the Consolidated Fund.
  3. 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:-

    1. moneys charged on the Consolidated Fund;
    2. moneys required to meet the expenditure under an Appropriation Act;
    3. advance moneys authorised by an Act required to meet expenditures, when an Appropriation Bill is under consideration; or
    4. expenditures to be incurred in extraordinary circumstances under a Vote of Credit Act which contains only a discription of expenditures:Provided that matters relating to the Contingency Fund shall be governed in accordance with the provisions of Article 82.
  4. Expenditures Chargeable on the Consolidated Fund:The expenditures relating to the following matters shall be charged on the Consolidated Fund and yearly approval of Parliament for these expenditures shall not be required:-
    1. the amount provided by the Act relating to expenditures on the Royal Family;
    2. the amount required as remuneration, privileges and pension payable to the Chief Justice of Nepal and other Judges of the Supreme Court;
    3. the amount required as remuneration and privileges payable to the following officials:-
      1. the Speaker and Deputy Speaker of the House of Representatives;
      2. the Chairman and Vice-Chairman of the National Assembly;
      3. the Chairman and members of the Standing Committee of the Raj Parishad;
      4. the Chief Commissioner and other Commissioners of the Commission for the Investigation of Abuse of Authority;
      5. the Auditor-General;
      6. the Chairman and members of the Public Service Commission; and
      7. the Chief Election Commissioner and other Election Commissioners.
    4. the administrative expenses of the Supreme Court, the Raj Parishad, the Commission for the Investigation of Abuse of Authority, the Department of the Auditor-General, the Public Service Commission and the Election Commission;
    5. all charges relating to debts for which His Majesty’s Government is liable;
    6. any sum required to satisfy any judgment or decree of a court against His Majesty’s Government; and
    7. any other sum declared by law to be chargeable on the Consolidated Fund.
  5. Estimates of Revenues and Expenditures:
    1. His Majesty shall, in respect of every financial year, cause to be laid before a joint sitting of Parliament an annual estimate including the following matters:-
      1. an estimate of revenues;
      2. the moneys required to meet the charges on the Consolidated Fund; and
      3. the moneys required to meet the expenditure to be provided for by an Appropriation Act.
    2. The annual estimate to be presented pursuant to clause (1) above should accompany 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.
  6. Appropriation Act: The moneys required to meet the expenditure to be provided for by any
    Appropriation Act shall be specified under appropriate heads in an Appropriation Bill.
  7. Supplementary Estimates:
    1. His Majesty shall, in respect of any financial year, cause to be laid
      before the House of Representatives a supplementary estimate if it is found:

      1. (a) that the sum authorised to be spent for a particular service by the Appropriation Act for the current financial year is insufficient, or that a need has arisen for expenditures upon new services not provided for by the Appropriation Act for that year; or
      2. (b) that the expenditures made during that financial year are in excess of the amount authorised by the Appropriation Act.
    2. The sums included in the supplementary estimates shall be specified under separate heads in a
      Supplementary Appropriation Bill.
  8. 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 77 and the sums involved in the
      Vote on Account shall not exceed one-third of the estimate of expenditures for the financial year.
    3. The expenditures incurred in accordance with the Vote on Account Act shall be included in the
      Appropriation Bill.
  9. Votes of Credit: Notwithstanding anything contained 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, His Majesty is of the opinion that it is impractical or inexpedient in view of the
    security or interest of the State to specify the details required under Article 77, He may cause to be
    laid before the House of Representatives a Vote of Credit Bill giving only a description of the
    proposed expenditures.
  10. Contingency Fund: An Act may create a Contingency Fund into which shall be paid from time to
    time such moneys as may be determined by law. Such Fund shall be under the control of His
    Majesty’s Government, and any unforeseen expenditures shall be met out of such Fund by His
    Majesty’s Government. The amount of the expenditures so met shall be reimbursed as soon as
    possible by an Act.
  11. 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.

Go to Part 11-23

External Source: Government of Nepal 

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