When the Constitution of Nepal was promulgated in 2015, it brought with it many hopes for the country’s historically marginalised groups, including Dalits, Janajatis, women, Muslims, Tharus and Madheshis. Article 27 established six designated commissions, along with the National Inclusion Commission.
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| photo: TKP |
The goal was to elevate the social standings of these communities by addressing the systemic injustices they faced. The constitution will be a decade-old this September. The mandated review of these commissions, as outlined in Article 265, is thus on the cards. Only a comprehensive review can determine if the objectives for the formation of these commissions have been met—and, if not, what to do about it.
But
the review process lacks constitutional and legal clarity, as the national
charter doesn’t specify the objectives of the review or how it should be
carried out. Nor has there been any discussion on this in Parliament. This not
only lays bare the systemic neglect of lawmakers, authorities and political
leaders towards Nepal’s inclusion agenda. More seriously, such arbitrary legal
provisions might undercut the very rationale of these vital commissions. As
discussions on constitution amendment continue, there are even fears that these
commissions might be done away with.
Over
the years, despite their mandate of providing policy recommendations to the
government, the commissions have not worked as expected. However, it is also
true that underfunding, lack of resources and political apathy have hindered
their work. For instance, even five years after the constitution provided for
such commissions, the commissions couldn’t set up their full offices. This was
largely due to disagreements between the then-ruling party, the CPN-UML, and
the main opposition, the Nepali Congress. Like other state bodies, these
commissions have also become political battlegrounds, with cronies of political
leaders appointed over competent candidates. As of now, the commissions are still
short of resources, and its officials lament how its recommendations are
routinely ignored.
Legal
ambiguities exacerbate the sorry state of these commissions. To take one
example, as pointed out by policy research organisations Niti Foundation and
Social Science Baha’s in their 2022 research, while the functions, duties and
powers of Dalit, Women and Inclusion Commissions are explicitly mentioned in
the Constitution, the other four commissions—Indigenous, Tharu, Madheshi and
Muslim—only have federal law mandates with no clear definition of their roles
in the constitution. Such legal gaps increase scrutiny over their legitimacy,
and the anomalies weaken the trust of the marginalised groups these commissions
supposedly serve.
Some
parliamentarians emphasise the need to thoroughly evaluate each commission’s
performance by forming sub-committees under a joint parliamentary committee, as
recently recommended by the Niti Foundation. They also suggest a transparent
review process and broader consultations with human rights experts before
deciding to dissolve or continue with the bodies for the next decade. Really, a
hasty or superficial review would betray the marginalised communities.
Lawmakers must discuss their suggestions and also scrutinise them. In order to
address operational inefficiencies, equipping these commissions with adequate
resources, functional autonomy and mechanisms to ensure that their
recommendations are acted upon is crucial. But again, and most importantly, the
commissions need legal clarity.
Despite
constitutional guarantees, Dalits in the country still face caste-based
discrimination and violence. Women continue to struggle to get a level playing
field with their male counterparts. Concomitantly, the representation of
Muslims, Tharus and Indigenous people in political positions and government
bodies is far from satisfactory. The ruling coalition has failed to embrace the
spirit of inclusiveness in the current Cabinet, as the 22-member team has only
two women and not a single Dalit. It is important to consider these ground
realities while reviewing the commissions’ successes and failures.
PREAMBLE
We,
the people of Nepal, in exercise of the sovereign powers inherent in us,
Embracing
the sovereign right of the people and the right to autonomy and selfrule, by
maintaining Nepal’s independence, sovereignty, geographical integrity,
national
unity, freedom and dignity,
Remembering
the glorious history of historical peoples’ movements and armed
struggles
time and again and the sacrifice made by people for national interest,
democracy,
progressive change, and recognizing the martyrs, the disappeared
citizens
and the victims,
Ending
all forms of discriminations and oppression created by the feudal,
autocratic,
centralized and unitary system,
Embracing
multi-caste, multi-lingual, multi-cultural and diverse geographical
specificities,
by ending discriminations relating to class, caste, region, language,
religion
and gender discrimination including all forms of racial untouchability, in
order
to protect and promote unity in diversity, social and cultural solidarity,
tolerance
and harmonious attitudes, we also express our determination to create
an
egalitarian society on the basis of the principles of proportional inclusion
and
participation,
to ensure equitable economy, prosperity and social justice,
Expressing
commitment to create the bases of socialism by adopting democratic
norms
and values, including peoples' competitive multi-party democratic
governance
system, civil liberty, fundamental rights, human rights, adult franchise,
periodic
elections, complete press freedom and an independent, impartial and
competent
judiciary, and the concept of rule of law,
NOW
THEREFORE, in order to fulfill the aspirations for perpetual peace, good
governance,
development and prosperity through the medium of federal
democratic
republican system of governance, hereby promulgate this Constitution
through
the Constituent Assembly.
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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.
Sovereignty and state authority: The sovereignty and state authority of
Nepal
are vested in Nepali people. The use of which shall be as provided for in
this
constitution.
3.
Nation: Having multi-ethnic, multi-lingual, multi-religious, multi-cultural
characteristics
with common aspirations of people living in diverse
geographical
regions, and being committed to and united by a bond of
allegiance
to national independence, territorial integrity, national interest
and
prosperity of Nepal, all the Nepali people collectively constitute the
nation.
4.
State of Nepal: (1) Nepal is an independent, indivisible, sovereign, secular,
inclusive
democratic, socialism-oriented federal democratic republican state.
Explanation:
For the purpose of this article, 'secular' means protection of
religion
and culture being practiced since ancient times and religious and
cultural
freedom.
(2)
The territory of Nepal shall comprise:
(a)
the territory existing at the commencement of this constitution,
and
(b)
such other territory as may be acquired after the commencement
of
this constitution.
5.
National interest: Independence, sovereignty, territorial integrity,
nationality,
autonomy, self-respect, protection of rights and interests of
Nepali
people, protection of boundaries, and economic progress and
prosperity,
shall be the fundamental subjects of Nepal’s national interest.
(2)
Act and character against national interest shall be punishable by
Federal
law.
6.
Language of the nation: All the mother tongues spoken in Nepal shall be the
national
language.
7.
Language of official transaction: (1) The Nepali language written in
Devanagiri
script shall be the language of official business in Nepal.
(2)
In addition to Nepali language, a province shall select one or more
national
language that is spoken by majority of people in that province
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as
the language of official business, as provided for by the provincial
law.
(3)
Other matters concerning language shall be as decided by the
Government
of Nepal on the recommendation of the Language
Commission.
8.
National flag: (1) The national flag of Nepal, consists of two juxtaposed
triangular
figures with a crimson colored 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.
(2)
The method of drawing the flag and other particulars relating thereto
shall
be as set out in Schedule-1.
9.
National anthem, etc.: (1) The national anthem of Nepal shall be as set out in
Schedule-2.
(2)
The coat-of-arms of Nepal shall be shall be as set out in Schedule-3.
(3)
The Rhododendron Arboreum is the national flower, Crimson is the
national
color, the cow is the national animal and the Lophophorus is
the
national bird of Nepal.
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PART
2
Citizenship
10.
Citizenship not to be denied: (1) No Nepali citizen shall be denied the right
to
acquire citizenship.
(2)
There shall be a provision of single federal citizenship with provincial
identity
in Nepal.
11.
Nepali citizen to be deemed: (1) The persons who have acquired citizenship
of
Nepal at the commencement of this Constitution and the persons who are
eligible
to acquire citizenship of Nepal under this Part shall be deemed to be
the
citizens of Nepal.
(2)
The following persons who have their permanent domicile in Nepal shall be
deemed
to be citizens of Nepal by descent: -
(a)
A person who has acquired the citizenship of Nepal by descent before
the
commencement of this constitution.
(b)
Any person whose father or mother was a citizen of Nepal at the birth
of
such a person.
(3)
A child of a citizen who has acquired citizenship of Nepal by birth before the
commencement
of this Constitution shall, if his/her father and mother both
are
the citizens of Nepal, shall be entitled to Nepali citizenship by descent
upon
his/her attaining the age of majority.
(4)
Every child found in Nepal whereabouts of whose paternity and maternity is
not
known shall, until the mother or father is traced, be deemed a citizen of
Nepal
by descent.
(5)
A person born to a Nepali citizen mother and having his/her domicile in
Nepal
but whose father is not traced, shall be conferred the Nepali
citizenship
by descent.
Provided
that in case his/her father is found to be a foreigner, the citizenship of
such
a person shall be converted to naturalized citizenship according to the Federal
law.
(6)
If a foreign woman married to a Nepali citizen so wishes, she may acquire
naturalized
citizenship of Nepal as provided for in a Federal law.
(7)
Notwithstanding anything contained elsewhere in this Article, in case of a
person
born to Nepali woman citizen married to a foreign citizen, he/she
may
acquire naturalized citizenship of Nepal as provided for by a Federal
law
if he/she is having the permanent domicile in Nepal and he/she has not
acquired
citizenship of the foreign country.
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Provided
that if his/her father and mother both are the citizen of Nepal at the time
of
acquisition of the citizenship, he/she, if born in Nepal, may acquire
citizenship
by
descent.
(8)
Except provided for in this Article, Government of Nepal may confer
naturalized
citizenship of Nepal according to Federal law.
(9)
Government of Nepal may confer honorary citizenship according to
Federal
law.
(10)
In case any area is annexed into Nepal by merger, the persons having
domicile
in such area shall be citizens of Nepal subject to a Federal
law.
12.
Citizenship based on Descent and with Gender Identity: The person who is
entitled
to the citizenship of Nepal by descent may obtain the citizenship
certificate
of Nepal from name of his/her mother or father along with gender
identity.
13.
Acquisition, Requisition and Termination of Citizenship: Other provisions as
to
acquisition, requisition and termination of citizenship shall be as provided
for
in a Federal law.
14.
Non-residential citizenship may be conferred: The person who has acquired
citizenship
of a foreign country and residing in a country other than the
country
which is a member of the South Asian Association of Regional
Cooperation
(SAARC) and who or whose father or mother, grandfather or
grandmother
was a citizen of Nepal by descent or birth and later on has
acquired
citizenship of the foreign country, may be conferred with the nonresidential
citizenship of Nepal entitling him/her to the economic, social and
cultural
rights as provided for in a Federal law.
15.
Other Provisions as to Citizenship of Nepal: Record shall be maintained of
each
citizen of Nepal along with his/her identity, and other provisions as to
citizenship
shall be as provided for in the Federal law.
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PART
3
Fundamental
Rights and Duties
16.
Right to live with dignity: (1) Each person shall have the right to live with
dignity.
(2)
No law shall be made for capital punishment.
17.
Right to Freedom: (1) Except as provided for by law no person shall be
deprived
of her/his personal liberty.
(2)
Every citizen shall have the following freedoms:
(a)
freedom of opinion and expression,
(b)
freedom to assemble peacefully and without arms,
(c)
freedom to form political party,
(d)
freedom to form unions and associations,
(e)
freedom to move and reside in any part of Nepal; and
(f)
freedom to engage in any occupation or be engaged in
employment,
establish and operate industry, trade and business
in
any part of Nepal.
Provided
that,
(1)
Nothing in section (a) shall be deemed to prevent the making of an Act to
impose
reasonable restrictions on any act which may undermine the
nationality,
sovereignty, independence and indivisibility of Nepal, or federal
units,
or jeopardizes the harmonious relations subsisting among the people
of
various caste, ethnicity, religion, or communities, or incites racial
discrimination,
or untouchability, or disrespects labor, or any act of
defamation,
or contempt of court, or an incitement of offence, or is
contrary
to decent public behavior or morality.
(2)
Nothing in section (b) shall be deemed to prevent the making of an Act to
impose
reasonable restrictions on any act which may undermine the
nationality,
sovereignty, independence and indivisibility of Nepal, or
jeopardize
the harmonious relations between federal units, or public law
and
order situation.
(3)
Nothing in section (c) shall be deemed to prevent the making of an Act to
impose
reasonable restrictions on any act which may undermine the
nationality,
sovereignty, indivisibility or Nepal, or an act of espionage
against
the nation, or disclosing national secrets, or helping foreign state or
organization
that may jeopardize Nepal’ security, or an act of treason, or
an
act that undermines the harmonious relations subsisting between federal
units,
or instigates communal animosity, or jeopardizes the harmonious
relations
subsisting among different caste, ethnicity, religious groups and
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communities,
or an act of acquiring or depriving the membership of a
political
party only on the grounds of caste, language, religion, community
or
gender, or the formation of a political party that creates discrimination
against
citizens, or an act that incites violence, or is contrary to decent
public
behavior .
(4)
Nothing in section (d) shall be deemed to prevent the making of an Act to
impose
reasonable restrictions on any act which may undermine the
nationality,
sovereignty, indivisibility or Nepal, or an act of espionage
against
the nation, or disclosing national secrets, or helping foreign state or
organization
that may jeopardize Nepal’ security, or an act of treason, or
an
act that undermines the harmonious relations subsisting between federal
units,
or instigates communal animosity, or jeopardizes the harmonious
relations
subsisting among different caste groups, ethnicity, religious groups
and
communities, or an incitement of violence, or an act which is contrary
to
public morality.
(5)
Nothing in section (e) shall be deemed to prevent the making of an Act to
impose
reasonable restrictions on any act which may undermine the interest
of
the general public, or the good relations between federal units, or the
harmonious
relations subsisting among various caste groups, ethnicity,
religious
groups or communities, or an act of committing crime or violence,
or
inciting such acts.
(6)
Nothing in section (f) shall be deemed to prevent the making of an Act to
impose
reasonable restrictions on any act which may undermine the good
relations
between federal units, or restricting an act which may have
negative
impact on public health, decent behavior and morality, or the
particular
industries, trade, business or services which only the state may
engage
in, or setting conditions or eligibility to engage in industries, trade,
business,
livelihoods or occupation.
18.
Right to equality: (1) All citizens shall be equal before law. No person shall
be
denied the equal protection of law.
(2)
There shall be no discrimination in the application of general laws on the
grounds
of origin, religion, race, caste, tribe, sex, physical conditions,
disability,
health condition, matrimonial status, pregnancy, economic
condition,
language or geographical region, or ideology or any other such
grounds.
(3)
The state shall not discriminate among citizens on grounds of origin,
religion,
race, caste, tribe, sex, economic condition, language or
geographical
region, ideology and such other matters.
Provided
that nothing shall be deemed to bar the making of special provisions by
law
for the protection, empowerment or advancement of the women lagging
behind
socially and culturally, Dalits, Adibasi, Madhesi, Tharus, Muslims, oppressed
class,
backward communities, minorities, marginalized groups, peasants, laborers,
youths,
children, senior citizens, sexual minorities, persons with disability,
pregnant,
incapacitated and the helpless persons, and of the citizens who belong to
backward
regions and financially deprived citizens including the Khas Arya.
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Explanation:
With reference to this Part and Part 4, “financially deprived” means
the
person having the income less than prescribed in the Federal law.
(4)
There shall not be any gender discriminations regarding remuneration for
the
same work and social security.
(5)
There shall be no gender discrimination regarding the right to parental
property
with regard to all family members.
19.
Right to communication: (1) There shall be no prior censorship of
publications
and broadcasting, or information dissemination, or printing of
any
news item, editorial, article, feature, or other reading material, or the
use
of audio-visual material by any medium, including electronic publication,
broadcasting
and printing.
Provided
that nothing shall be deemed to prevent the making of laws to
impose
reasonable restriction on any act which may undermine the
nationality,
sovereignty, and indivisibility of Nepal, or the good relations
between
federal units, or jeopardizes the harmonious relations subsisting
among
different caste groups and tribes, or communities, or an act of
treason,
or defamation of social dignity of individuals through the publication
and
dissemination of false material, or contempt of court, or material that
incites
criminal offence, or an act that is contrary to decent public behavior
and
morality, or disrespects labor, or incites untouchability or gender
discriminations.
(2)
If there is any broadcasting, publishing or printing, or dissemination of
news,
article, editorial, feature, or other material through the medium
of
electronic equipment or the use of visuals or audio-visuals, no radio,
television,
online publication or any kind of digital or electronic
equipment,
or press, or other kind of media outlet, shall be closed,
seized,
or their registration cancelled for publishing, or transmitting, or
broadcasting
such material.
Provided
that nothing in this clause shall be deemed to prevent the making of Acts
to
regulate radio, television, online or the use of any other kind of digital or
electronic
equipment, printing press or other medium of communication.
(3)
No means of communication including the press, electronic broadcasting
and
telephone shall be obstructed except in accordance with law.
20.
Right to Justice: (1) No person shall be detained without being informed of
the
ground for such an arrest.
(2)
The person who is arrested shall have the right to consult a legal
practitioner
of her/his choice and be defended from the time of arrest.
The
consultations held with the legal practitioner and the advice given
thereon
shall remain confidential.
Provided
that this clause shall not apply to a citizen of an enemy state.
Explanation:
For the use of this clause “legal practitioner” shall mean a person
who
has the legal right to represent any person in any court or office.
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(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 time and place
of
arrest to such authority, and the arrested person shall not be
detained
in custody beyond the said period except on the order of such
authority.
Provided
that this clause shall not apply to a person in 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, and no person shall be subjected to a
punishment
greater than that prescribed by law at the time of the
offence.
(5)
No person accused of any offence shall be assumed to be an offender
until
proven guilty.
(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
herself/himself.
(8)
Every person undergoing trial shall have the right to be informed about
the
proceedings of the trial.
(9)
Every person shall be entitled to a fair hearing from an impartial,
independent
and competent court or judicial authority.
(10)
An indigent person shall have the right to free legal aid as provided for
by
law.
21.
Right of victim of crime: (1) The victim of crime shall have the right to be
informed
about the investigation and proceedings of the case regarding
his/her
victimization.
(2)
The victim of crime shall have the right to social rehabilitation and
justice
with compensation as provided for by law.
22.
Right against torture: (1) No person in detention shall be subjected to
physical
or mental torture, or be treated in a cruel, inhuman or degrading
manner.
(2)
Any such act pursuant to clause (1) shall be punishable by law and a
victim
of such an act shall have the right to compensation as provided for
by
law.
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23.
Right against preventive detention: (1) No person shall be held under
preventive
detention unless there is sufficient ground to believe that there
exits
an immediate threat to the sovereignty and territorial integrity of Nepal
or
public peace and order.
(2)
Family member or close relative of the person in preventive detention
pursuant
to clause (1) shall have to be immediately informed about
his/her
condition as provided for by law.
Provided
that this clause shall not be applicable to a citizen of an enemy state.
(3)
If an official is found to have held any person under preventive detention
against
the law and with malicious intention, such person shall be
entitled
for compensation as per the law.
24.
Right against untouchability and discrimination: (1) No person shall be
treated
with any kind of untouchability or discrimination in any private or
public
place on grounds of caste, ethnicity, origin, community, occupation, or
physical
condition.
(2)
No person belonging to a particular caste or ethnicity shall be prevented
from
buying an object or getting services or facilities in the process of
production
of such objects or in the distribution or delivery of services,
or
no such objects shall be sold to, or facilities or services distributed or
delivered
to persons belonging to a particular caste or ethnicity only.
(3)
Racial discriminations shall not be encouraged in any way, or there shall
not
be any behavioral attitude to exhibit high or low status on grounds of
a
particular caste, ethnicity or community, or physical condition of a
person,
or there shall not be any behavioral attitude that justifies social
discrimination
based on caste, ethnicity, or untouchability, or
encouragement
for the propagation of attitudes based on caste
superiority
and untouchability, or hatred.
(4)
There shall not be any racial discrimination in the workplace by indulging
or
not indulging in untouchability.
(5)
All forms of untouchability or discrimination contrary to this provision
shall
be punishable by law as a serious social crime, and the victim of
such
an act shall have the right to compensation as provided for by law.
25.
Right to property: (1) Every citizen shall, subject to laws, have the right to
acquire,
enjoy own, sell, have professional gains, and otherwise utilize, or
dispose
of property.
Explanation:
For the purpose of this Article, “property” means all type of movable
and
immovable property and the word also includes intellectual property.
Provided
that the state may impose tax on property and income of a person
according
to the norms of progressive tax.
(2)
The State shall not, except in the public interest, acquire, requisition,
or
create any encumbrance on the property of any person.
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Provided
that this clause shall not be applicable to property acquired through
illegal
means.
(3)
In the case when the land of a person is acquisitioned by the State
according
to clause (2), the basis of compensation and the relevant
procedure
shall be as prescribed by Act.
(4)
The provisions of clauses (2) and (3) shall not obstruct the state in
carrying
out land reforms, management and regulation by law in order to
increase
the production and productivity of land, modernize the
agriculture
and make it professional, environment protection and
managed
housing and urban development.
(5)
In case the state has acquired property of any person for public interest
pursuant
to clause (3), there shall be no hindrance to use such property
for
any other public interest, other than the public interest for which it
has
been acquired.
26.
Right to religious freedom: (1) Each person shall be free to profess, practice,
and
preserve his/her religion according to his/her faith.
(2)
Every religious denomination shall, maintaining its independent
existence,
have the right to manage and protect its religious places and
religious
trusts in accordance with law.
Provided
that it shall not be deemed to have hindered to make law to operate and
protect
a religious place or religious trust and to manage trust property and
regulate
land management.
(3)
While exercising the right as provided for by this Article, no person shall
act
or make others act in a manner which is contrary to public health,
decency
and morality, or behave or act or make others act to disturb
public
law and order situation, or convert a person of one religion to
another
religion, or disturb the religion of other people. Such an act shall
be
punishable by law.
27.
Right to information: Every citizen shall have the right to seek information on
any
matters of concern to her/him or the public.
Provided
that nothing shall be deemed to compel any person to provide
information
about which confidentiality is to be maintained according to law.
28.
Right to privacy: Except in circumstances provided by law, privacy in relation
to
the person, and their residence, property, documents, records, statistics
and
correspondence, and their reputation are inviolable.
29.
Right against exploitation: (1) Every person shall have the right against
exploitation.
(2)
No person shall be subjected to any kind of exploitation on the basis of
religion,
custom, tradition, culture, practices or any other bases.
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(3)
No person shall be subjected to human trafficking or bonded labor, and
such
an act shall be punishable by law.
(4)
No person shall be subjected to forced labor.
Provided
that nothing in this clause shall prevent the enactment of a law requiring
citizens
to be engaged in compulsory service for public purposes.
(5)
Any act contrary to clause (3) and (4) shall be punishable by law and the
victim
of such an act shall have the right to compensation from the
perpetrator.
30.
Right regarding clean environment: (1) Each person shall have the right to
live
in a healthy and clean environment.
(2)
The victim of environmental pollution and degradation shall have the
right
to be compensated by the pollutant as provided for by law.
(3)
Provided that this Article shall not be deemed to obstruct the making of
required
legal provisions to strike a balance between environment and
development
for the use of national development works.
31.
Right to education: (1) Every citizen shall have the right to access to basic
education.
(2)
Every citizen shall have the right to compulsory and free basic education,
and
free education up to the secondary level.
(3)
The physically impaired and citizens who are financially poor shall have
the
right to free higher education as provided for in law.
(4)
The visually impaired person shall have the right to free education with
the
medium of brail script.
(5)
Every Nepali community living in Nepal shall have the right to acquire
education
in its mother tongue up to the secondary level, and the right
to
open and run schools and educational institutions as provided for by
law.
32.
Right to language and culture: (1) Each person and community shall have the
right
to use their language.
(2)
Every person and community shall have the right to participate in the
cultural
life of its community.
(3)
Each community living in Nepal shall have the right to preserve and
promote
its language, script, culture, cultural civilization and heritage.
33.
Right to employment: (1) Every citizen shall have the right to employment.
Terms
and conditions of employment and unemployment benefits shall be as
determined
by Federal law.
(2)
Every citizen shall have the right to select employment.
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34.
Right regarding labor: (1) Every laborer shall have the right to proper work
practices.
Explanation:
For the purpose of this Article, "laborer" means a worker or laborer
who
offers
physical or mental work for an employer for remuneration.
(2)
Every laborer shall have the right to appropriate remuneration, facilities
and
contribution-based social security.
(3)
Every laborer shall have the right to form trade union, participate in it,
and
organize collective bargaining.
35.
Right to health care: (1) Every citizen shall have the right to seek basic
health
care services from the state and no citizen shall be deprived of
emergency
health care.
(2)
Each person shall have the right to be informed about his/her health
condition
with regard to health care services.
(3)
Each person shall have equal access to health care.
(4)
Each citizen shall have the right to access to clean water and hygiene.
36.
Right to food: (1) Each citizen shall have the right to food.
(2)
Every citizen shall have the right to be protected from a state of
starvation,
resulting from lack of food stuffs.
(3)
Every citizen shall have the right to food sovereignty as provided for in
law.
37.
Right to housing: (1) Each citizen shall have the right to appropriate housing.
(2)
No citizen shall be evicted from the housing owned by him/her, or
encroached
on the housing, except in accordance with law.
38.
Right of women: (1) Every woman shall have equal right to lineage without any
gender
discriminations.
(2)
Every woman shall have the right relating to safe motherhood and
reproductive
health.
(3)
There shall not be any physical, mental, sexual or psychological or any
other
kind of violence against women, or any kind of oppression based on
religious,
social and cultural tradition, and other practices. Such an act
shall
be punishable by law and the victim shall have the right to be
compensation
as provided for in law.
(4)
Women shall have the right to access participate in all state structures
and
bodies on the basis of the principle of proportional inclusion.
(5)
Women shall have the right to special opportunity in the spheres of
education,
health, employment and social security on the basis of
positive
discrimination.
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(6)
Both the spouses shall have equal rights in property and family affairs
39.
Right of children: (1) Each child shall have the right to his/her identity with
the
family name, and birth registration.
(2)
Every child shall have the right to education, health care nurturing,
appropriate
upbringing, sports, recreation and overall personality
development
from family and the State.
(3)
Every child shall have the right to formative child development, and child
participation.
(4)
No child shall be employed in factories, mines, or in any other hazardous
works.
(5)
No child shall be subjected to child marriage, illegal trafficking,
kidnapping,
or being held hostage.
(6)
No child shall be subjected to recruitment or any kind of use in the army,
police
or armed groups, neglected, or used immorally, or abused
physically,
mentally, or sexually, or exploited through any other means,
in
the name of religious or cultural practices.
(7)
No child shall be subjected to physical, mental, or any other forms of
torture
at home, in school, or in any other places or situations.
(8)
Every child shall have the right to child friendly justice.
(9)
Children who are helpless, orphaned, physically impaired, victims of
conflict
and vulnerable, shall have the right to special protection and
facilities
from the State.
(10)
Any act contrary to Clause (4), (5), (6) and (7) shall be punishable by law,
and
children who have suffered from such an act shall have the right to
be
compensated by the perpetrator as provided for in law.
40.
Right of Dalits: (1) Dalit shall have the right to participate in all agencies
of
the
state based on the principle of proportional inclusion. There shall be
special
legal provision of empowerment, representation, and participation of
Dalit
community for employment in other area also including the public
service.
(2)
Provisions of free education with scholarships shall be made for Dalit
students
from the primary to higher level of education as provided for in
law.
Special provision shall be made in law for Dalits to pursue higher
education
in technical and professional subjects.
(3)
In order to provide health care and social security to Dalit community,
special
arrangements shall be made in accordance with law.
(4)
Dalit community shall have the right to use, preserve and develop their
traditional
occupation, knowledge, skill and technology. The State shall
give
priority to modern profession of Dalits in relation to their traditional
occupation,
by providing them with necessary skill and resources.
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(5)
The State shall, according to law, provide land to landless Dalits for one
time.
(6)
The State shall, according to law, make housing arrangements for Dalits
who
do not have housing of their own.
(7)
The facilities provided to the Dalit community according to this Article,
shall
have to be justly distributed to Dalit women and men and all the
Dalit
communities living in different parts of the country, ensuring that
all
Dalits receive the facilities proportionally.
41.
Right of senior citizens: Senior citizens shall have the right to special
protection
and social security from the State.
42.
Right to social justice: (1) Socially backward women, Dalits, Adibasi,
Janajati,
Adibasi Janajati, Madhesi, Tharu, minority groups, persons with
disability,
marginalized groups, Muslim, backward classes, gender and sexually
minority
groups, youths, peasants, laborers, the oppressed and the citizens of
backward
regions, and economically poor Khas Arya shall have the right to
employment
in state structures on the basis of the principle of inclusion.
(2)
Citizens who are economically very poor and communities on the verge of
extinction,
shall have the right to special opportunity and facilities in the
areas
of education, health, housing, employment, food and social
security,
for their protection, progress, empowerment and development.
(3)
People with physical impairment shall have the right to a dignified way
of
life and equal access to social services and facilities, along with their
diversity
identity.
(4)
Each peasant shall have the right to access to land as provided for in law
for
agricultural purposes, along with the right to choose and preserve
traditionally
adopted and used endemic seeds and agricultural species.
(5)
The families of martyrs who sacrificed their lives in the people’s
movements,
armed conflicts and revolutions for a democratic progressive
change
in Nepal, the families of those who were disappeared, persons
who
fought for democracy, victims of conflict and the displaced, persons
who
were physically maimed, the wounded and the victims, shall have
the
right with priority, as provided for by law, to education, health,
employment,
housing and social security, with justice and appropriate
respect.
43.
Right to social security: Economically poor, physically incapacitated and
helpless
person, helpless single women, persons with physical impairment,
children,
persons who cannot look after themselves and the citizens who
belong
to communities that are on the verge of extinction, shall have the
right
to social security as provided for by law.
44.
Right of consumers: (1) Each consumer shall have the right to quality
foodstuffs
and services.
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(2)
A person who has suffered from sub-standard object or service shall have
the
right to be compensated as provided for by law.
45.
Right against exile: No citizen shall be exiled.
46.
Right to constitutional remedy: There shall be right to constitutional remedy
pursuant
to the Articles 133 or 144 in course of implementation of rights
granted
in this part.
47.
Implementation of fundamental rights: For the enforcement of the rights
conferred
in this Part, the State shall make legal provisions, as required,
within
three years of the commencement of this constitution.
48.
Duties of citizens: Each person shall the following duties:
(a)
Protect nationality, sovereignty and integrity of Nepal by pledging
allegiance
to the nation,
(b)
Abide by the constitution and law,
(c)
Compulsorily enlist when the state needs the service.
(d)
To protect and conserve public property.
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PART
4
Directive
Principles, Policies and Responsibilities of the State
49.
To be the Guiding Principles: (1) The Directive Principles, Policies and
Responsibilities
of the State mentioned in this Part shall remain as guidelines
for
the governance of the State.
(2)
The State shall mobilize or have it mobilized, the required resources and
means
for the implementation of the principles, policies and
responsibilities
mentioned in this Part.
50.
Directive Principles: (1) It shall be the political objective of the State to
strengthen
a federal democratic republican system to ensure an atmosphere
where
democratic rights are exercised by acknowledging sovereignty,
independence
and integrity of the country to be of utmost importance; by
protecting
freedom, equality, property and all citizens through rule of law; by
embracing
the norms and values of fundamental rights and human rights,
gender
equality, proportional inclusion, participation and social justice; and
by
maintaining a just system in all spheres of national life in order to establish
a
government system aimed at public welfare, while maintaining relations
between
federal units on the basis of cooperation between them, and
internalizing
the principle of inclusion in the governance system on the basis
of
local autonomy and decentralization,
(2)
It shall be the socio-cultural objective of the State to build a civilized
and
egalitarian society by ending all forms of discrimination, oppression
and
injustice based on religion, culture, cultural practices, customs,
traditional
practices, or on any other grounds; develop socio-cultural
values
based on national pride, democracy, people orientation, dignity of
labor,
entrepreneurship, discipline, dignity and tolerance, by respecting
cultural
diversity and maintaining communal harmony, solidarity and
amity.
(3)
It shall be the economic objective of the State to make the national
economy
self-reliant, independent, and developing it towards socialism
oriented
economy with equitable distribution of resources and means,
by
ending all forms of economic exploitation and inequality, with
maximum
utilization of available resources and means through the
participation
of cooperatives, and public and private sector for
sustainable
development, and to build an exploitation-free society by fair
distribution
of the achievements made so far.
(4)
The international relations of the State shall be directed towards
maintaining
international relations based on sovereign equality,
protecting
sovereignty, independence, territorial integrity and national
interest
of the country, and promoting national prestige in the
international
community.
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51.
State policies: The State shall pursue the following policies:
(a)
Policies regarding national unity and national security:
(1)
Maintaining national unity intact by protecting independence,
sovereignty,
territorial integrity and autonomy of the country;
(2)
Promoting national unity by developing relations of mutual
cooperation
between federal units by maintaining mutual
understanding,
tolerance, and solidarity among various caste,
ethnic,
religious, linguistic and cultural groups and communities.
(3)
Management of law and order situation by developing a national
security
system.
(4)
Guaranteeing an all-round human security system.
(5)
Making the army, police, armed police and other security organs
strong,
capable, professional, inclusive and accountable to people
on
the basis of national security system.
(6)
Making citizens capable and ready for national service according to
the
need of the nation.
(7)
Utilizing the knowledge, skills and experience of the exbureaucrats, army men
and policemen in an appropriate way.
(b)
Policies regarding political and governance system:
(1)
Guaranteeing people’s welfare and all-round-progress through
economic,
social and cultural transformation, while defending and
strengthening
political achievements and their development.
(2)
Maintaining rule of law by protecting and practicing human rights.
(3)
Implementing international treaties and agreements to which Nepal
is
a State party.
(4)
Guaranteeing good governance by ensuring equal and easy access of
people
to services provided by the State and making public
administration
clean, competent, impartial, transparent,
accountable
and participatory.
(5)
Making necessary provisions to make the mass media clean, healthy,
impartial,
dignified, responsible and professional.
(6)
Expanding and developing a harmonious and cooperative relations
between
federal units through partnerships in the management of
resources
and means, administration and responsibilities.
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(c)
Policies regarding social and cultural transformation:
(1)
Building a society based on harmonious social relations by
developing
a healthy and civilized culture.
(2)
Conducting studies, research and archaeological excavations and
dissemination
of Information about them for the protection,
maintenance
and development of historical, archaeological and
cultural
heritage.
(3)
Community development by promoting local participation through
the
promotion and mobilization of creativity of local communities in
social,
cultural and charitable works.
(4)
Stressing on the development of art, literature and music that are in
the
form of national heritage
(5)
Put an end to all forms of discrimination, and injustice in the name
of
religion, culture, tradition, practices and rites.
(6)
To preserve and develop the language, texts, culture, literature,
arts
motion pictures and property of different castes and
communities,
on the basis of equity, while also maintaining the
country’s
cultural diversity.
(7)
To pursue the multi-language policy.
(d)
Policies regarding finance, industry and commerce:
(1)
Strengthening national economy through the participation and free
development
of public sector, cooperative sector and private
sector.
(2)
Achieving economic prosperity with the maximum utilization of
available
resources and means by stressing on the roles of private
sector
in the economy;
(3)
Promoting cooperatives with its maximum utilization for national
development.
(4)
Providing for regulation to maintain fairness, accountability and
competitive
atmosphere in all activities of economic sector to
promote
and mobilize them for the overall national development;
(5)
Fair distribution of the fruits of development and available means
and
resources.
(6)
Diversifying and expanding markets for productions and services
through
the development and expansion of industries and promotion
of
exports by identifying the areas of comparative advantages.
(7)
Protecting consumer rights by maintaining discipline and business
fairness
by controlling anomalies and malpractices such as black-
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marketing,
monopoly, artificial scarcity and unhealthy competition
and
making national economy competitive.
(8)
Prioritizing domestic investment based on Nepali labor, skill and raw
material
for the development of the economy of the country
through
the protection and promotion of national industries and
resources
and means.
(9)
According priority to domestic investment in service sector to
promote
it a competitive industry for development of national
economy;
(10)
Encouraging and mobilizing foreign capital and technology
investment
for infrastructure development in the areas of export
promotion,
and import to suit national interest.
(11)
Foreign aid shall be based on national needs and priority, and it
shall
be made transparent. The amount received as foreign aid shall
be
included in the national budget.
(12)
Utilizing the knowledge, skill, technology and capital of the nonresident
Nepalese for national development.
(13)
Providing mobility to economic development by establishing
coordination
among provinces and between province and federation
regarding
industrial corridors, special economic zones, national
projects
and foreign investment projects.
(e)
Policies regarding agriculture and land reform:
(1)
Introducing scientific land reform by ending dual ownership of land
for
the benefit of farmers.
(2)
Increasing produce and productivity through land plotting and by
discouraging
absentee land ownership.
(3)
Protecting and promoting rights and interests of peasants and
utilizing
the land use policy for increasing production and
productivity
of agriculture and for commercialization,
industrialization,
diversification and modernization of agriculture;
(4)
Making proper utilization of land through proper regulation and
management
on the basis of productivity of land, its nature, and
also
by maintaining environmental balance.
(5)
Making arrangements for agricultural tools and an access to market
with
appropriate price for the produce.
(f)
Development policy:
(1)
Formulating strategies and programs for sustainable socio-economic
development
under regional development plans for balanced and
inclusive
regional development and to implement them in a
coordinated
manner.
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(2)
Prioritizing under-developed regions while going for balanced,
environment-friendly,
qualitative and sustainable physical
infrastructure
development.
(3)
Increasing the participation of local people in development process.
(4)
Promoting investment in scientific studies and research, and
inventions
in science and technology, and for their progress and
development,
while protecting scientific, technological and
intellectual
minds and special talents.
(5)
Developing and expanding information technology as required by the
nation,
and making its access easy and simple for the general
public,
while also making its maximum use for national
development.
(6)
Prioritizing poor citizens in the distribution of the fruits of
development,
and making necessary arrangements for the general
public
to have a fair share of it.
(7)
Developing an integrated national identity management information
system,
and manage it in an integrated way for all kinds of
information
and statistics relating to citizens, and integrate it to the
services
and facilities provided by the State and the national
development
planning.
(8)
Updating of population statistics and affiliating it with the national
development
planning.
(g)
Policy regarding the conservation, management and use of natural
resources:
(1)
The State shall pursue a policy of conserving the natural resources
available
in the country by imbibing the norms of inter-generation
judicious
use of it and for the national interest. It shall also be
about
its sustainable use in an environmental friendly way. The
policy
shall ensure the fair distribution of the benefits generated by
it
by giving local people the priority and preferential rights.
(2)
The State shall pursue a policy of prioritizing national investment in
water
resources based on people’s participation and making a multiutility development
of water resources.
(3)
The State shall pursue a policy of developing and producing
renewable
energy, ensuring cheap, easily available and dependable
supply
of energy, and making an appropriate use of it to meet the
basic
needs of the citizens.
(4)
Developing a sustainable and dependable irrigation system by
controlling
water-related natural disasters with the management of
the
river systems.
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(5)
The State shall pursue a policy of making a sustainable use of
biodiversity
through the conservation and management o forests,
fauna
and flora, and by minimizing the negative impacts of
industrialization
and physical development by promoting public
awareness
on environmental cleanliness and protection.
(6)
The State shall pursue a policy of keeping necessary landmass as
forest
area in order to strike an environmental balance.
(7)
The State shall pursue a policy of adopting appropriate ways of
minimizing
or stopping negative effects on environment if it is
there,
or if there is a possibility of such an impact on nature,
environment,
or biodiversity.
(8)
The State shall formulate policies and enact laws on the basis of the
principle
of sustainable environment development based on prewarning and pre-informed
agreements regarding environmental
protection.
(9)
The State shall formulate and pursue a policy of designing a prewarning system,
disaster preparedness, rescue, relief works and
rehabilitation
in order to minimize the risks of natural disasters.
(h)
Policies regarding the basic needs of citizens:
(1)
Making education scientific, technical, professional, skill-oriented,
and
employment and people oriented in order to prepare the human
resources
to be competent, competitive, moral, and committed to
national
interest.
(2)
Increasing the investment of the State in the educational sector,
and
regulating and managing the investment of the private sector in
it
to make education service oriented.
(3)
Making higher education easily available, of high quality and
accessible,
and gradually making it free.
(4)
Establishing and promoting information centers and libraries for the
personality
development of citizens.
(5)
The State shall gradually increase necessary investment in the
public
health sector in order to make citizens healthy.
(6)
Ensuring easily available and equal access to high quality health
care
for all.
(7)
Protecting and promoting Nepal's traditional medicinal system such
as
the Ayurveda, natural medicines and homeopathy;
(8)
The State shall gradually increase investment in the health sector
and
make it service oriented by regulating and managing the
investment
of the private sector in it.
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(9)
Gradually increase the number of health institutions and health
workers,
while emphasizing research on health in order to make
qualitative
health service available to all.
(10)
It shall be the policy of the State to increase general life expectancy
by
decreasing maternity-infant mortality rate by encouraging family
planning
population management based on the need and capacity
of
the country.
(11)
Developing well-planned and organized settlement areas by
managing
the unplanned settlements.
(12)
Increasing investment in the agricultural sector by making necessary
provisions
for sustainable productivity, supply, storage and security,
while
making it easily available with effective distribution of food
grains
by encouraging food productivity that suits the soil and
climate
conditions of the country in accordance with the norms of
food
sovereignty.
(13)
Making a well-planned supply system by ensuring equal access of
citizens
to the basic needs and services, and prioritizing the remote
areas
and regions that were made to lag behind.
(14)
Increasing investment in the transportation sector by ensuring
simple,
easy and equal access of all citizens to transportation
facilities,
and prioritizing environment friendly technology,
encouraging
public transportation and quality private
transportation,
while also making the transportation sector safe,
well
managed and disabled friendly.
(15)
Ensuring insurance policy for citizens and making arrangements for
their
access to health care.
(i)
Policies regarding labor and employment:
(1)
Creating a condition to ensure employment for all and employment
opportunities
in the country itself by making the labor power, which
is
the main social and economic force, competent and professional.
(2)
Guaranteeing social security by ensuring the basic rights of all
laborers
in accordance with the concept of dignity of labor.
(3)
Ending child labor and all forms of labor exploitation.
(4)
Encouraging the participation of laborers in the management by
creating
good industrial relationship between employers and
employees.
(5)
Regulating and managing foreign employment in order to make this
sector
exploitation free, safe and well-managed to guarantee
laborers’
right and employment.
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(6)
Encouraging the use of the capital, skill, technology and the
experience
gained in foreign employment in the productivity sector
of
the country.
(j)
Policies regarding social justice and inclusion:
(1)
Making appropriate arrangements of livelihoods by prioritizing
employment
for single women who are in helpless conditions on the
basis
of skill, capability and merit.
(2)
Making women self reliant who are vulnerable, victims of conflict,
excluded
by family and the society, by making necessary
arrangements
of rehabilitation, protection and empowerment for
them.
(3)
Ensuring the use of necessary services and facilities during the
reproductive
stage
(4)
Economically evaluating the works and contribution in regard to
child
care and care for the family.
(5)
Paying primary attention to the utmost interest of children.
(6)
Rehabilitation of kamaiya (bonded laborers), kamlari, haruwa,
charuwa,
haliya, the landless and the squatters by identifying them,
and
making arrangements of housing, or providing small plot of land
or
house, employment, or arable land for their livelihoods.
(7)
Providing appropriate opportunities to youths for their contribution
to
the all-round-development of the State by increasing their
participation
in it, through the creation of an atmosphere for them
to
use their political, economic, social and cultural rights, and also
by
providing special opportunities in educational, health and
employment
sector through their personality development for their
empowerment
and all-round-development.
(8)
Making special arrangements to ensure the rights of Adivasi
Janajatis
(indigenous ethnic groups) to lead a dignified life with
their
respective identities, and making them participate In decision
making
processes that concern them, and preserving and
maintaining
the traditional knowledge, skill, experience, culture
and
social practices of Adivasi Janajatis and local communities.
(9)
Making special arrangements for minority communities to exercise
their
social and cultural rights by maintaining their identity.
(10)
Making special arrangements for the Madhesi community to have
equal
distribution of benefits of economic, social and cultural
opportunities,
and also for the protection, progress, empowerment
and
development of the very poor and backward classes within the
Madhesi
community.
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(11)
Making special provisions of protection, progress, empowerment and
development,
and the fulfillment of basic needs of the citizens of
oppressed
and backward regions.
(12)
Giving priority to the very poor within all communities, regions, and
gender,
while providing social security and social justice.
(13)
Making a well planned investment in sports and sports men and
women
in order to produce healthy, able and disciplined citizens
and
developing sports as a medium of consolidating national unity
and
promoting national prestige in the international arena.
(14)
Involving NGOs and INGOs only in the areas of national needs and
priority,
by adopting a one-door policy for the establishment,
endorsement,
engagement, regulation and management of such
organizations,
and by making the investment and role of such
organizations
accountable and transparent.
(k)
Policies regarding justice and punishment:
(1)
Making judicial administration swift, competent, easily available,
economical,
impartial, effective and accountable to people.
(2)
Adopting alternative methods such as reconciliation and mediation
for
the settlement of disputes of ordinary nature.
(3)
Adopting effective methods in controlling corruption and
irregularities
in all sectors, including politics, judicial sector,
administration
and the social sector.
(l)
Policies regarding tourism: Developing environment friendly tourism
industry
as an important basis of national economy by identifying,
protecting,
promoting and publicizing the historical, cultural, religious,
archaeological
and natural heritage sites of the country, and prioritizing
local
people in the distribution of benefits of the tourism industry.
(m)
Policy regarding international relations:
(1)
Pursuing an independent foreign policy considering national interest
to
be of utmost importance, on the basis of the UN Charter, nonalignment,
principle of Panchasheel, international law and universal
norms,
and by remaining active to defend the sovereignty,
indivisibility,
national independence and national interest.
(2)
Entering into treaties and agreements on the basis of equality and
mutual
interest, by reviewing past treaties.
52.
Obligation of the Sate: It shall be the obligation of the State to maintain
Nepal's
independence, sovereignty, territorial integrity, autonomy of Nepal,
protecting
and promoting fundamental rights and human rights, and to
observe
the directive principles of the State and gradually implementing the
policies.
53.
Submitting report: An annual report regarding the works of the government
including
the achievements made in the implementation of the directive
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principles,
policies and responsibilities mentioned in this Part, shall be
presented
to the President. The President shall make arrangements to send
such
reports to the Federal Legislature through the Prime Minister.
54
.Provision regarding monitoring: (1) There shall be a committee in the
Parliament
as provided for in law to monitor the progressive implementation
of
the directive principles, policies and responsibilities of the state as
mentioned
in this Part.
55.
Questions not to be raised in court: No question shall be raised in any court
as
to
whether any of the provisions contained in this Part is implemented or not.
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PART
5
Restructuring
of the State and the distribution of State power
56.
Structure of the State: (1) The Federal Democratic Republic of Nepal shall
have
three main levels of structure: federal, provincial and local.
(2)
The State powers of Nepal shall be used by the federal, provincial and
the
local level in accordance with this constitution.
(3)
There shall be the provinces with the districts listed in Schedule-4 that
prevail
at the commencement of this Constitution in Nepal.
(4)
Under the local level, there shall be Village Council, Municipal Council
and
District Assembly. The number of wards in a Village council and
Municipal
Council shall be as provided for in a Federal law.
(5)
Special, protected and autonomous regions may be created for sociocultural
protection or economic development according to Federal law.
(6)
The Federation, provinces and local levels shall protect Nepal’s
independence,
sovereignty, territorial integrity, autonomy, national
interests,
overall development, multi-party competitive democratic
republic
and federal system of governance, human rights and
fundamental
rights, rule of law, separation of powers and check and
balance,
equitable society based on plurality and equality, and inclusive
representation
and identity.
57.
Distribution of State power: (1) The power of the federation shall be relating
to
the subjects mentioned in Schedule-5, and such authority shall be
exercised
in accordance with this Constitution and the Federal law.
(2)
The power of the province shall be relating to the subjects mentioned in
Schedule-6,
and the exercise of such authority shall be done in
accordance
with this Constitution and the Federal law.
(3)
The concurrent/shared power of the federation and the province shall be
relating
to the subjects mentioned in Schedule-7, and the exercise of
such
authority shall be done in accordance with this constitution and the
laws
made by the Federal Parliament and Provincial Assembly.
(4)
Powers shall be vested in the local level on the matters referred to in
Schedule-8
and such powers shall be exercised according to this
Constitution
and Federal law, provincial law and laws formulated by the
local
level.
(5)
Concurrent list of powers of the Federation, province and local level shall
be
as mentioned in Schedule-9 and exercise of such powers shall be
according
to this constitution, and Federal law, provincial law and laws
formulated
by the local level.
(6)
While making law by Provincial Assembly, village council and municipal
council
pursuant to clause (5), they shall have to make laws without
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being
inconsistent to Federal law and if such laws formulated by
Provincial
legislature, village council and municipal council is
inconsistent
with the Federal law, such law shall, to the extent of its
being
inconsistent, be void.
(7)
While making law by village council and municipal council pursuant to
clause
(5), they shall have to make laws without being inconsistent to
provincial
law and if such laws formulated by the village council and
municipal
council is inconsistent with the provincial law, such law shall,
to
the extent of its being inconsistent, be void.
58
Residual powers: Powers relating any subject that are not mentioned in the
list
of powers of the federation, province or the local level entity, or in the
concurrent/shared
powers of federation and the province, or not stated in
this
Constitution, shall rest with the federation as residual powers.
59.
Use of fiscal power: (1) The federal, provincial and the local entities shall
enact
law, make annual budget, make necessary decisions, formulate policies
and
planning, and implement them in regard to the subjects related to the
fiscal
power mentioned in their respective lost of powers.
(2)
The federation may make basic laws regarding necessary policies and
criteria
related to the subjects included in the list of concurrent/shared
power
and in other areas of fiscal authority, which may also be
implemented
in provinces.
(3)
The federation, province and the local level entity shall make budgets of
their
respective levels, and the budget shall be presented in accordance
with
the Federal law.
(4)
The federation, province and the local level entity shall have to make
arrangements
for equitable distribution of the benefits from the
development
of natural resources. A certain portion of such benefit,
royalty,
services or objects, shall have to be distributed in areas affected
by
projects and to the local communities as provided for by law.
(5)
When the federal, provincial and local level entity utilize natural
resources,
they shall have to give priority to local communities to make
certain
percentage of investment if they wish to do that in view of the
nature
and percentage in the investment.
(6)
The government of Nepal shall have the right to seek foreign aid and
loan.
The economic stability of the country as a whole shall have to be
maintained
in doing so.
(7)
The management of budget deficit of the federation, province and the
local
level entity and the arrangements regarding fiscal discipline shall
be
in accordance with Federal law.
60.
Distribution of sources of revenue: (1) The federation, province and the
local
level entity shall impose tax on subjects within their fiscal jurisdiction
and
collect revenue from such sources.
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Provided
that with regard to the source that are not included in the
concurrent/shared
list or in any list at any level, it shall be as determined by the
Government
of Nepal.
(2)
The Government of Nepal shall make necessary arrangements to
equitably
distribute the revenue generated by it from its sources,
between
the federation, province and the local level entities.
(3)
The amount of the fiscal transfer, the province and the local level
entities
are to receive shall be as recommended by the National Natural
Resources
and Fiscal Commission.
(4)
The Government of Nepal shall distribute fiscal equalization grants to
province
and local level entity on the basis of their need for expenditure,
their
capacity in generating revenue and the efforts made by them.
(5)
The province shall distribute fiscal equalization grants received from the
Government
of Nepal and the revenue generated from its sources, to the
local
level entities under it on the basis of need for their expenditures
and
their capacity to generate revenue, in accordance with provincial
law.
(6)
The Government of Nepal shall make arrangements regarding conditional
grants
to be provided through the Federal Consolidated Fund,
complementary
grants, or the special grants for other purposes.
(7)
The distribution of revenue between the federal, provincial and the local
level
entity shall be transparent.
(8)
While enacting the Federal Act regarding revenue distribution, the
matters
that need to be included are: national policy, national needs,
the
autonomy of provinces and local level entities, the service delivery of
the
provinces and local level entities and the fiscal rights given to them;
their
capacity to generate revenue; feasibility and use of revenues; their
contribution
to development works; regional imbalance; poverty and
inequality;
exclusion, emergency works and the support of meet
temporary
needs.
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PART
6
President
and vice-President
61.
President: (1) There shall be a President in Nepal.
(2)
The President shall be the head of the State. He/she shall perform
his/her
duties according to this Constitution and Federal laws.
(3)
The President shall promote national unity of Nepal.
(4)
Compliance and protection of the constitution shall be the main duties of
the
President.
62.
Election of the President: (1) An electoral college, consisting of voting
members
of the Federal Parliament and the members of Provincial Assembly,
shall
elect the President. It shall be done as provided for in law with the
difference
of weightage in voting of the members of the Federal Parliament
and
the members of Provincial Assembly.
(2)
Notwithstanding anything contained in clause (1), it shall not be deemed
to
prevent the formation of an electoral college for the use of the
election
of the President simply because of the reason that an election of
Provincial
Assembly has not been held in any province.
(3)
The person who receives majority votes of the total number of existing
members
of the Electoral College as provided for in clause (1), shall be
elected
as President.
(4)
If any candidate fails to receive majority votes according to clause (3),
there
shall be a second round of voting between the two candidates who
receive
the highest votes, and a person getting more than fifty percent
of
vote in this voting shall be elected as President.
(5)
If none of the two candidates obtain more than fifty percent of the votes
in
the voting held under clause (4), then a re-voting will be conducted.
Any
person getting the majority of votes cast in this re-voting shall be
elected
as President.
(6)
If a person who is elected to the position of the President already holds a
political
position through election, nomination, or appointment, the
position
held by such a person shall automatically become vacant.
(7)
The election of the President and other related arrangements shall be as
provided
for by law
63.
Term of Office of President: (1) The term of the President shall be for five
years.
(2)
The President whose term has expired pursuant to clause (1), shall
continue
to work according to this Constitution until the newly elected
President
joins the office.
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64.
Qualifications of the President: (1) A person shall be eligible to be President
if
he/she fulfils the following qualifications:
(a)
He/she is eligible to be a member of the Federal Parliament.
(b)
He/she has attained at least 45 years of age, and
(c)
Is not ineligible by any law.
(2)
Notwithstanding anything contained in clause (1), a person who has already
been
elected President for two terms, shall not be eligible to be a Presidential
candidate
for the Presidential election thereafter.
65.
The circumstances in which the President ceases to hold office: The
President
shall cease to hold office under the following circumstances:
(a)
If a written resignation is tendered to the Vice-President.
(b)
If an impeachment motion against the President is passed pursuant to
Article
101;
(c)
If the term of office expires
(d)
If he/she dies
66.
Functions, duties and powers of the President: (1) President shall exercise
his/her
rights and duties as provided for by this constitution and Federal laws
(2)
While exercising rights under clause (1), the President shall perform all
the
works with the consent and recommendation of the Council of
Ministers,
except in case where the works have to be performed
expressly
under the recommendation of some agency or official. Such
consent
and recommendation shall be made to the President through the
Prime
Minister.
(3)
The decision or order made in the name of the President as provided for
by
clause (2) and the certification of credentials in that regard, shall be
done
as specified by Federal law.
67.
Vice-President: (1) There shall be a Vice-President in Nepal.
(2)
The Vice-President shall perform the duties of the President until a new
President
is elected in the case when the President ceases to hold Office
due
to reasons other than when the President is absent or the term of
office
has expired.
(3)
If a person is elected to the position of Vice-President already holds a
political
position through election, nomination or appointment, the
position
held by such a person shall automatically become vacant.
68.
The circumstances in which the Vice-President ceases to hold office: The
Vice-President
shall cease to hold office under the following circumstances:
(a)
If he/she tenders a written resignation to the President,
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(b)
If an impeachment motion against the Vice-President is passed pursuant
to
Article 101,
(c)
If the term of office expires,or
(d)
If he/she dies.
69.
Other provisions regarding the Vice-President: The qualification of the
VicePresident, election process, and other provisions regarding the term of
office,
shall
be similar to that of the President.
70.
President and Vice-President to belong to different gender or community:
While
conducting election of the President and Vice-President under this
constitution,
the election shall be held so as to represent different gender or
communities.
71.
Oath of office of the President and Vice-President: The President shall take
the
oath of office and secrecy before the Chief Justice, and, the VicePresident
before the President, as provided for by law, before assuming the
responsibilities
of the office.
72.
Remuneration and other benefits to the President and Vice-President: The
remuneration
and other benefits to the President and Vice-President shall be
as
determined by an Act, and until such Act is made, it shall be as specified
by
the Government of Nepal.
73.
Office of the President and the Vice-President: (1) Separate offices shall be
set
up to assist the works of the President and the Vice-President.
(2)
The Government of Nepal shall provide necessary personnel and make
other
arrangements for the management of the works of the offices
pursuant
to clause (1).
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PART
7
Federal
Executive
74.
Form of governance: The form of governance of Nepal shall be a multi-party,
competitive,
federal democratic republican parliamentary system based on
plurality.
75.
Executive Power: (1) The executive power of Nepal shall rest with the
Council
of Ministers in accordance with this Constitution and law.
(2)
The responsibility of providing general directives, control and
enforcement
regarding the governance system of Nepal, by adhering to
this
constitution and law, shall rest with the Council of Ministers.
(3)
The entire works relating to the federal executive of Nepal shall be done
in
the name of the Government of Nepal.
(4)
The decision or Order and related certification of credentials as provided
for
by clause (3) shall be done according to law.
76.
Formation of the Council of Ministers: (1) The President shall appoint the
parliamentary
party leader of the political party with the majority in the
House
of Representatives as a Prime Minister, and a Council of Ministers shall
be
formed in his/her chairmanship.
(2)
If there is not a clear majority of any party according to clause (1), the
President
shall appoint as Prime Minister the member of the House of
Representatives
who can have the majority with the support of two or
more
political parties represented in the House of Representatives.
(3)
If there is a situation wherein it is not possible to make the appointment
of
the Prime Minister as provided for in clause (2) within 30 days of the
final
result of the election of the House of Representatives, or if the
appointed
Prime Minister, as provided for in clause (4), fails to receive a
vote
of confidence, the President shall appoint the leader of the party
with
the highest number of members in the House of Representatives as
the
Prime Minister.
(4)
The Prime Minister appointed according to clause (2) or (3) shall have to
receive
the vote of confidence of the House of Representatives within 30
days
of his/her appointment.
(5)
If a Prime Minister appointed according to clause (3) fails to receive a
vote
of confidence pursuant to clause (4), the President shall appoint a
member
as Prime Minister, who produces bases that he/she may win the
vote
of confidence of the House of Representatives as provided for in
clause
(2).
(6)
The Prime Minister appointed according to clause (5) shall have to get
the
vote of confidence according to clause (4).
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(7)
If the Prime Minister appointed according to clause (5) fails to get the
vote
of confidence or if any member fails to be appointed as Prime
Minister,
the President shall, on the recommendation of Prime Minister,
dissolve
the House of Representatives and fix a date to conduct another
election
within six months.
(8)
The procedure regarding the appointment of the Prime Minister shall
have
to be completed within 55 days after the post of the Prime Minister
falls
vacant, or the announcement of the final results of the election of
the
House of Representatives according to this Constitution.
(9)
The President shall, on the recommendation of the Prime Minister, form
a
council of ministers consisting of members not exceeding twenty five in
number
from among the members of the Federal Parliament on the basis
of
the principle of inclusion.
Explanation:
For the purpose of this Article ‘minister’ stands for deputy Prime
Minister,
minister, minister of state and assistant minister.
(10)
The Prime Minister and the ministers shall be collectively accountable to the
Federal
Parliament, and, a minister shall be personally accountable to the
Prime
Minister for the works of his/her ministry, and also to the Federal
Parliament.
77.
Circumstances under which the Prime Minister and minister ceases to hold
office:
(1) The Prime Minister shall cease to hold office in the following
circumstances|
(a)
If he/she tenders written resignation to the President,
(b)
If a vote of confidence fails to be approved according to Article
(100),
or a motion of no confidence is passed,
(c)
If he/she ceases to be a member of the House of Representatives,
(d)
If he/she dies.
(2)
The minister shall cease to hold office in the following circumstances:
(a)
If he/she tenders a written resignation to the Prime Minister,
(b)
If the Prime Minister removes him/her from the post,
(c)
If the Prime Minister ceases to hold office according to clause (1)
(a),
(b) or (c), or
(d)
If he/she dies.
(3)
If the Prime Minister ceases to hold the office according to clause (1),
the
same council of ministers shall continue to work until another council
of
ministers is constituted.
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Provided
that, in the case of the death of the Prime Minister, the senior most
minister
shall continue to act as Prime Minister until a new Prime Minister is
appointed.
78.
A person to be a minister who is not a member of the Federal Parliament:
(1)
Whatsoever is contained in clause (9) of Article (76), the President may,
on
the recommendation of the Prime Minister, appoint deputy Prime Minister,
minister,
minister of state, assistant minister, who is not a member of the
Federal
Parliament.
(2)
The minister appointed according to clause (1) shall have to receive
membership
of the Federal Parliament within six months of taking oath
of
office.
(3)
If the minister fails to get the membership of the Federal Parliament
according
to clause (2), the minister shall not be eligible for
reappointment
as minister during the tenure of the existing House of
Representatives.
(4)
Whatever may be contained in clause (1), a person who has lost election
in
the election of the existing House of Representatives, shall not be
eligible
to be a minister according to clause (1), during the tenure of the
existing
House of Representatives.
79.
The remuneration and other benefits to the Prime Minister, deputy Prime
Minister,
minister, state minister and assistant minister: The remuneration
and
benefits to the Prime Minister, deputy Prime Minister, minister, state
minister,
and assistant minister shall be as provided for by Federal Act. Until
such
an Act is formulated, it shall be as determined by the Government of
Nepal.
80.
Oath of office: The Prime Minister, the Deputy Prime Minister and minister
shall
take the oath of office and secrecy before the President, and, the state
minister
and assistant minister before the Prime Minister according to Federal
law.
81.
The President to be informed: The Prime Minister shall inform the President
about
the following:
(a)
The decision of the Council of Ministers,
(b)
The Bill to be presented before the Federal Parliament,
(c)
If the President asks for other information relating to Part (a) and (b),
the
other information shall be provided.
(d)
Contemporary situations of the country and subjects relating to foreign
affairs.
82.
The working procedure of the government of Nepal: (1) The division of
works
and work performance of the government of Nepal shall be in
accordance
with the regulations passed by the Government of Nepal.
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(2)
No question shall be raised in any court as to whether or not the
regulations
under clause (1) were abided by.
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PART
8
Federal
Parliament
83.
Federal Parliament: There shall be a Legislature, called Federal Parliament,
consisting
of two Houses, namely the House of Representatives and the
National
Assembly.
84.
Constitution of House of Representatives: (1) The House of Representatives
shall
consist of two hundred and seventy five members as follows:-
(a)
One hundred and sixty five members elected through the first-pastthe-post
electoral system consisting of one member from each of
the
one hundred and sixty five electoral constituencies formed by
dividing
Nepal into 165 constituencies based on geography, and
population.
(b)
One hundred and ten members elected from proportional
representation
electoral system where voters vote for parties,
while
treating the whole country as a single electoral constituency.
(2)
Provision shall be made according to Federal law for the representation
of
political parties to file candidacy for the election of the House of
Representatives
for proportional representation system through closed
list
of women, Dalit, Adibasi Janajati, Khas Arya, Madhesi, Tharu,
Muslim,
and backward regions. Balance in geography and province shall
be
considered for such candidacy.
Explanation:
For the purpose of this provision, Khas Arya means Chhetri, Brahmin,
Thakuri
and Sannyasi (Dasnami) community.
(3)
While filing candidacy by political parties pursuant to clause (2),
provision
of representation of persons with disability shall also be made.
(4)
The election for the members of House of Representatives pursuant to
clause
(1) shall be held through secret ballots as provided in the law.
(5)
Every Nepali citizen who has attained the age of eighteen years, as
provided
in law, shall be entitled to vote in any constituency.
(6)
Subject to law, any Nepali citizen, who is entitled to vote in election for
House
of Representatives, and who meets the requirements under Article
87,
shall be allowed to file candidacy from any constituency.
Provided
that the same person shall not be a candidate in more than one electoral
constituency
at the same time.
(7)
In case of vacancy of a seat of a member in House of Representatives,
while
still ahead of six months of its terms, such vacancy shall be filled
through
process by which said member had been elected.
(8)
Notwithstanding anything contained elsewhere in this Article, women
should
account for at least one third of total members elected from each
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party
in Federal Parliament. In case, one-third percentage of women are
not
elected while being elected under section (a) of clause (1), and
section
(a), clause (2) of Article 84, the party that fails to ensure onethird
representation shall have to elect at least one-third of total
numbers
as woman in the Federal Parliament while electing members
under
section (b) of clause (1).
(9)
Election of House of Representatives and other matters thereto shall be
pursuant
to Federal laws.
85.
Term of House of Representatives: (1) Except when dissolved earlier, the
term
of House of Representatives shall be five years.
(2)
Notwithstanding anything in clause (1), provided that the situation when
the
order for the state of emergency is made and when such state of
emergency
exists, the term of House of Representatives may be
extended,
not exceeding one year in accordance with Federal law.
(3)
The term extended under clause (2) shall, ipso facto, end within six
months
of the end of state of emergency.
86.
Constitution of National Assembly and terms of members: (1) National
Assembly
shall be a permanent house.
(2)
There shall be fifty-nine members in the National Assembly as follows:-
(a)
Fifty six members elected from an Electoral College comprising
members
of Provincial Assembly and chairpersons and vicechairpersons of Village
councils and Mayors and Deputy Mayors of
Municipal
councils, with different weights of votes for each, with
eight
members from each province, including at least three women,
one
Dalit, one person with disability or minority;
(b)
Three members, including at least one woman, to be nominated by
the
President on the recommendation of Government of Nepal.
(3)
The tenure of members of National Assembly shall be six years.
Provided
that after the commencement of this Constitution, arrangements shall be
made
by drawing lottery 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 tenure shall be considered to have commenced from the day of first
meeting
of the National Assembly.
(5)
In case of vacancy of a seat in National Assembly, it shall be filled in the
manner
through which the said member had been elected or nominated.
(6)
Other provisions relating to election of National Assembly members shall
be
as provided by law.
87.
Qualifications for Members: (1) Persons who meet the following requirement
shall
be considered eligible to be the member of Federal Parliament:-
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(a)
citizen of Nepal,
(b)
who has attained twenty five years of age for the House of
Representatives
and thirty five years of age for the National
Assembly;
(c)
who has not been punished for any criminal offence involving moral
turpitude
(d)
not ineligible under any law,
(e)
not holding an office of profit.
Explanation:
“Office of profit” in this section means any position, other than a
political
position which is to be filled by election or nomination, for which a
remuneration
or economic benefit is paid out of a government fund. (2) No person
shall
be a member of both Houses at the same time.
(2)
No one person can be a member of both the houses at the same time
(3)
If a person who is elected or nominated to the position of the member of
Federal
Parliament already holds a political position through election,
nomination,
or appointment, the position held by such a person shall
automatically
become vacant from the day of his/her taking oath of
office.
88.
Oath: Every member of the Federal Parliament shall, before taking part for
the
first time in the meeting of the parliament at its committees, have to
take
an oath as provided in law.
89.
Vacation of seat: The seat of a Member of Parliament shall be vacant in the
following
circumstances:-
(a)
if he or she resigns in writing to the Speaker or Chairperson,
(b)
if he or she does not meet the requirements under Article 91,
(c)
if his or her term of office expires or if the term of the House of
Representatives
and National Assembly expires,
(d)
if he or she remains absent from ten consecutive meetings without
notification
to the House,
(e)
if the party of which he or she was a member when elected provides
notification
in the manner set forth by law that he or she has abandoned
the
party.
(f)
if he or she dies.
90.
Decision as to Disqualification 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 91 the final decision shall be made by
the
Constitutional bench of the Supreme Court.
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91.
Speaker and Deputy-Speaker of the House of Representatives: (1) The
House
of Representatives shall, within fifteen days of commencement of first
meeting,
elect a Speaker and a Deputy Speaker from among its members.
(2)
While electing Speaker and Deputy Speaker as per clause (1), either
Speaker
or Deputy Speaker shall be a woman and belong to different
parties.
Provided
that, no more than one party is elected to the House of Representatives
or
does not seek to file its candidacy even when elected, nothing in this article
shall
bar from having Speaker and Deputy Speaker of the same party.
(3)
If the office of the Speaker or the Deputy Speaker falls vacant, the House
of
Representatives shall fill the vacancy through election from among its
members.
(4)
The Deputy Speaker shall, in the absence of the Speaker of the House of
Representatives,
chair the meeting of House of Representatives.
(5)
In case the election of the Speaker and Deputy Speaker has not taken
place,
or both positions remain vacant, the senior-most member of the
House
of Representatives shall preside the meeting of the House of
Representatives.
(6)
The office of the Speaker or the Deputy Speaker shall be vacant in the
following
circumstances:
(a)
if s/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
(b)
if s/he submits a written resignation;
(c)
if a resolution is passed by a majority of two-thirds of the total
number
of members in the House of Representatives to the effect
that
his/ her conduct is not compatible with his/her position.
(7)
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/her position. The
Speaker
shall be entitled to take part and vote in the deliberations on
such
resolution.
92.
Chairperson and Vice-Chairperson of National Assembly:
(1)
After the commencement of its first session, the National Assembly shall,
within
fifteen days of commencement of first meeting, elect a
Chairperson
and Vice chairperson from among its members.
(2)
While electing as per clause (1), either Chairperson or Vice chairperson
Chairman
of the National Assembly shall be a woman.
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Provided
that no more than one party is elected to the National Assembly or does
not
seek to file its candidacy even when elected, nothing in this article shall bar
from
having Chairperson and Vice chairperson from the same party.
(3)
If the office of the Chairperson or Vice chairperson falls vacant, the National
Assembly
shall fill the vacancy through election from among its members.
(4)
The Vice-Chairperson shall, in the absence of the Chairperson of the National
Assembly,
chair the National Assembly.
(5)
If the election of the Chairperson and Vice chairperson has not taken place, or
if
both the positions have become vacant, the senior-most member of the
National
Assembly shall preside over the meeting of the National Assembly.
(6)
The office of the Chairperson and Vice chairperson shall be vacant in the
following
circumstances:
(a)
if s/he ceases to be a member of the National Assembly,
(b)
if s/he submits a written resignation,
(c)
if a resolution is passed by a majority of two-thirds of the total members
of
the National Assembly to the effect that his or her conduct is not
compatible
with his/her position.
(7)
The Vice-Chairperson shall preside over a meeting at which deliberations are to
be
held on a resolution that the conduct of the Chairperson of the National
Assembly
is not compatible with his/her position. The Chairperson shall be
entitled
to take part and vote in the deliberations on such resolution.
93.
Summoning and Prorogation of Sessions:
(1)
President shall summon a session of parliament within one month after the
elections
to the House of Representatives are held. Thereafter, President shall
summon
other sessions from time to time in accordance with this Constitution:
Provided
that the interval between two consecutive sessions shall not be more than
six
months.
(2)
President may prorogue the session of both or either of the Houses of
Parliament.
(3)
If, during the prorogation or recess of the House of Representatives,
one-fourth
of
its members submit a request stating that it is desirable that a session or
meeting
of House of Representatives be called, the President shall call the
session
or meeting of the Parliament by setting date and time for this within a
fortnight,
and House of Representatives shall convene or commence its session
on
the specified date and the time thus fixed.
94.
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.
95.
Address by President: (1) President may address either House or a joint sitting
of
both the Houses of Parliament, and s/he may summon the members for
that
purpose.
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(2)
President shall address the first session after an election to the House of
Representatives
and a joint sitting of both the Houses of Parliament after the
commencement
of the first session of each year.
96.
Deputy Prime-minister, State Minister and Assistant Minister Entitled to Take
Part
in
Both Houses: A Minister shall be entitled to attend and take part in the
proceedings
and deliberations of any of the House of Parliament or its
committees.
Provided
that s/he shall not be entitled to vote in a House or committee of which
s/he
is not a member.
97.
Formation of Committees: (1) House of Representatives and National Assembly
shall
have the right to form committees according to the law.
(2)
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.
The
Joint Committee shall consist of up to a maximum of twenty-five members
in
the ratio of five members from the House of Representatives to one member
from
the National Assembly.
98.
Transaction of Business in case of vacancy of Members: Both House of Federal
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.
99.
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 right to cast decisive vote in case of a tie.
100.
Provision related to Vote of Confidence and Motion of no-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, shall table a resolution to that
effect
in the House of Representatives.
(2)
The Prime Minister may, if his or her party is fragmented or the coalition
partner
withdraws its support, 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 within thirty days.
(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.
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(4)
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 up to first two years
of
appointment of the Prime Minister and if a no-confidence motion fails, another
motion
cannot be tabled within a year of its failure.
(5)
The name of the member proposed for Prime Minister should be
mentioned
when tabling the no-confidence motion under clause (4).
(6)
The Prime Minister shall be deemed to be relieved of his/her office if the
no-confidence
motion tabled under clause (4) is passed by a majority of
the
total number of members of the House of Representatives.
(7)
If the office of Prime Minister falls vacant under clause (6), the President
shall
appoint the member proposed in motion of no-confidence under
Article
76, the Prime Minister.
101.
Impeachment: (1) At least one-fourth majority of the total number of the
then
members of House of Representatives may table a motion of
impeachment
against the President or Vice-President on the charge of serious
violation
of the Constitution and law by him/her. If at least two-thirds
majority
of the total number of the then members of joint session of both
Houses
of Federal Parliament passes the motion, the President or Vice
President
shall ipso facto be relieved of his or her office.
(2)
A motion of impeachment against the Chief Justice or any other Judge of
Supreme
Court, member of Judicial Council and Head or official of
Constitutional
Bodies may be moved by at least one-fourth majority of
the
total number of the then members of House of Representatives on
the
grounds of serious violation of the Constitution and law, his or her
incompetence,
misbehavior or failure to discharge the duties of his or her
office
in good faith or his or her inability to discharge his or her duties
because
of physical or mental reason; and if the motion is passed by a
two-thirds
majority of the total number of the then members of joint
session
of both Houses of Federal Parliament, he or she shall ipso facto
be
relieved of his or her office.
(3)
A motion of impeachment recommendation committee shall be formed in
House
of Representatives to recommend charges of impeachment under
clause
(2).
(4)
The committee formed under clause (3) shall comprise of eleven
members.
(5)
According to clause (2), motion of impeachment can be tabled at the
House
of Representatives by the committee under clause (2) on the
charges
of serious violation of constitution, other grounds of his or her
incompetence,
misbehavior or failure to discharge the duties of his or her
office
in good faith or his or her inability to discharge his or her duties
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because
of physical or mental reason, are proven with evidence by at
least
three members.
(6)
Once the process of impeachment is set in motion as per clause (2), then
the
person against whom the impeachment motion is moved, whether
Chief
Justice or Supreme Court judges, members of Judicial Council or
chiefs
or members of Constitutional bodies, shall not perform his/her
duty
till the process over the motion is complete.
(7)
Person against whom impeachment motion is moved as per clause (1) or
(2)
shall be given adequate opportunity to defend.
(8)
There shall be no obstruction in taking action as per the law against a
person
who is discharged of duty after the approval of impeachment
motion
as per this article if such a person is found to have committed
crime
whether such person was President or vice President, chief justice
or
supreme court judges, members of judicial council or chiefs or
members
of constitutional bodies.
(9)
Any official who has been removed from office by way of impeachment
pursuant
to clause (1) and (2) shall not be entitled to gratuity or pension,
and
shall be ineligible to be appointed or nominated to any other public
position.
(10)
Other provisions related to impeachment motion shall be as provided by
law.
102.
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 88, or knowing that s/he is not qualified for membership in
the
House, s/he shall, on order of the person chairing the House, be liable to
a
fine of five thousand rupees for each day of such presence or voting. The
fine
shall be recovered as government dues.
103.
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)
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)
The provisions laid in clause (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.
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(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 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 House of Representatives and
National
Assembly
and shall also mean a joint sitting of Parliament or a meeting of the Joint
Committee.
(6)
No member of Parliament shall be arrested between the date of issuance
of
the summons for a session and the date on which that session closes:
Provided
that nothing in this clause shall be deemed to prevent the arrest under
any
law of any member on a criminal charge. If any member is so arrested, the
official
making such arrest shall forthwith inform the person chairing the concerned
House.
(7)
Any breach of privilege of either House of Parliament shall be deemed to
constitute
contempt of Parliament and the concerned House shall have
the
exclusive right to decide whether or not any breach of privilege has
taken
place.
(8)
If a person is in contempt of either House of Parliament, the Chairperson
of
the concerned House may, after a decision by the House to that
effect,
admonish, warn or impose a sentence of imprisonment not
exceeding
three months, to remain effective only during the current
session
of the House, or impose a fine 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.
104.
Procedures relating to the Conduct of Business: (1) Each House of Federal
Parliament
shall, subject to the provisions of this Constitution, frame rules for
conducting
its business, maintaining order during its meetings and regulating
the
constitution, functions and procedures of the committees or any other
matter
of the Federal Parliament or committees. The Federal Parliament shall
determine
its own conduct of business until such rules are framed.
(2)
Matters relating to the conduct of business of a joint sitting of Federal
Parliament
and the constitution of its Joint Committee and the functions
and
procedures thereof shall be in accordance with rules approved by the
joint
session of the both Houses.
105.
Restriction on discussion: No discussion shall be held in either House of
Federal
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
duties.
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Provided
that nothing in this Article shall be deemed to bar the expression of
opinion
about the conduct of a Judge during deliberations on a motion of
impeachment.
106.
Secretary General and Secretary of Federal Parliament: (1) Secretary of the
House
of Representatives shall be appointed on the recommendation of its
Speaker,
the Secretary of the National Assembly shall be appointed on the
recommendation
of its Chairperson, the secretary-general appointed in
consultation
with both the Speaker and the Chairperson.
(2)
The qualifications, duties, functions, rights and other services of
Secretary
General the Secretary of the National Assembly, and the
Secretary
of Federal House of Representatives shall be as determined by
law.
107.
Secretariat of Federal Parliament: A Secretariat shall be established for the
purpose
of conducting the business of Parliament. Other matters related
thereto
shall be as determined by law.
108.
Remuneration: The remuneration and benefits of the Speaker and Deputy
Speaker
of the House of Representatives, the Chairperson and ViceChairperson of the
National Assembly and Chairperson of committees and
members
of Federal Parliament shall be as determined by the law. Until so
determined
it shall be as specified by the Government of Nepal.
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PART
9
Federal
Legislative Procedure
109.
Legislative power of Federal Parliament: The legislative powers of the
Federal
Parliament shall be as enumerated in Schedule-5, Schedule-7 and
Schedule-9.
110.
The procedure of introducing a Bill: (1) A Bill may be introduced at either
House
of the Federal Parliament subject to this Constitution.
Provided
that finance bill may be introduced in the House of Representatives only.
(2)
The finance Bill and Bills concerning the security agencies, including the
Nepal
Army, Nepal Police, Armed Police, shall be introduced only as a
government
Bill.
(3)
“Finance Bill” means a Bill concerning all or any of the following
subjects:
(a)
the imposition, collection, abolition, remission, alteration of taxes
or
regulation of tax system.
(b)
the preservation of the Federal Consolidated Fund or any other
Federal
Government fund, the deposit of money into and the
appropriation
or the withdrawal of money 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 guarantee by the Government of Nepal or any matter
pertaining
to the amendment of the laws concerning 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, money acquired through the repayment of loans
and
the grant of money, or audit of the accounts of the
Government.
(e)
Matters directly related to sections (a), (b), (c) and (d).
Provided
that a bill shall not be deemed to be a 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 for imposition of any penalty or imprisonment.
(4)
If any question is raised as to whether a bill is a finance Bill or not, the
decision
of the Speaker thereon shall be final.
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111.
Procedure for passing Bills:
(1)
A Bill passed by one House of the Federal Parliament shall be
immediately
sent to the other House, and after the bill is passed by that
House,
it shall be sent to the President for certification.
(2)
The Finance Bill passed by the House of Representatives, shall be sent to
the
National Assembly. The National Assembly shall have to discuss on
the
Bill send it back to the House of Representatives with suggestions, if
any,
within fifteen days of receiving it.
(3)
The House of Representatives shall discuss over the Bill returned with
suggestions
according to clause (2), incorporate the appropriate
suggestions,
if any, and present it to the President for certification.
(4)
If the National Assembly does not return the Bill even after 15 days of
receiving
it according to clause (2), the House of Representatives shall
send
the Bill to the President for certification.
(5)
Except In the case of a Finance Bill, the Bill sent to the National
Assembly
by the House of Representatives after passing it, the National
Assembly
shall have to send them back with suggestions after passing
them
within two months of receiving them. In the event when such bills
are
not returned by the National Assembly within the timeframe, the
House
of Representatives shall send such Bills to the President for
certification,
after making a decision on them with a majority voting of
total
existing number of members.
(6)
If one House rejects the Bill passed by another House, or if it is passed
with
amendments, the Bill shall have to be sent back to the House where
it
had been originated.
(7)
If a Bill is rejected by National Assembly, or sends it back with
amendments
to the House of Representatives, and if a majority of the
existing
number of members of the House of Representatives discuss over
it
and pass it as it is , or pass it with amendments, the Bill shall be
presented
to the President for certification.
(8)
If a Bill is sent back to the National Assembly by the House of
Representatives
with amendments as provided for by clause (6), and if
National
Assembly also passes the Bill along with the amendments made,
it
shall be presented to the President for certification.
(9)
The following Bills shall be presented in the joint meeting of both the
Houses
and if the Bill is passed as it is or with amendments by the joint
meeting,
the House where the Bill had originated shall present it before
the
President for certification.
(a)
Bills Passed by the National Assembly but rejected by the House of
Representatives,
or
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(b)
Bills sent back by the House of Representatives to the National
Assembly
with amendments but National Assembly failing to agree
on
the amendment.
(10)
If the session ends when a Bill is still under consideration, the next
session
may take over the procedure.
Provided
that, if a Bill is presented to the House of Representatives and is under
consideration,
or it is sent to National Assembly after passing it, but if the House of
Representatives
is dissolved while the Bill is still under consideration in the
National
Assembly, or if its tenure comes to an end, such Bill shall be considered
not
effective.
112.
Withdrawal of Bill: The member who introduces a Bill may withdraw the Bill
with
the approval of the House.
113.
Certification of the Bills:
(1)
The Bill which is presented to the President according to Article (111) for
certification
shall have to be authenticated by the Speaker or
Chairperson
of the House where it originated.
Provided
that, in the case of a Finance Bill, the Speaker shall have to authenticate
it
as Finance Bill.
(2)
The Bill presented to the President for certification according to this
Article,
shall be certified within 15 days, and both the Houses shall be
informed
about that as early as possible.
(3)
Except in the case of a Finance Bill, if the President is satisfied that
reconsideration
is necessary on a bill, the Bill may be sent back to the
House
where it originated with necessary information within 15 days of
receiving
the Bill.
(4)
If the President sends back a Bill with the information and if both the
Houses
reconsiders the bill as it was presented or with amendments, and
pass
it and present it again to the President, the Bill shall be certified by
the
President within 15 days of its submission.
(5)
The Bill becomes an Act after it is certified by the President.
114.
Ordinance:
(1)
If at any time, except when both the Houses of the Federal Parliament is
in
session, the President is satisfied that circumstances exist which
render
it necessary to take action, the President may issue an Ordinance
on
the recommendation of the Council of Ministers.
(2)
An Ordinance promulgated under clause (1) shall have the same force
and
effect as an Act.
Provided
that, every such Ordinance:
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(a)
Shall be tabled at the next session and if not passed by both the
Houses,
it shall cease to be effective,
(b)
May be repealed at any time by the President,
(c)
Shall unless rendered ineffective or repealed under section (a) or
(b),
cease to have effect after six months of its issuance, or after
six
months of the meeting of both the Houses,
Explanation:
For the use of this clause, if the meetings of the Federal Parliament
are
held at different dates, the time shall be count from the later date of the
meeting.
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