(1)The Council of Ministers existing at the time of commencement of this Constitution shall remain until the transformed Legislature-parliament, in accordance with Clause (2), constitutes a new Council of Ministers.
(2)If the session of the Legislature Parliament is ongoing at the time of commencement of this constitution, then from the date of the commencement of the constitution; and if the parliament is not in session, then from the date of the summoning of the session under Clause (6) of Article 296; within seven days the Prime Minister shall be elected on the basis of political understanding.
(3)If political understanding cannot be reached as per clause (2), the Prime Minister shall be elected by simple majority of the Legislature Parliament.
(4)Structure and division of portfolio in the Council of Ministers to be formed as per this Article shall be conducted as per mutual understanding.
(5)There shall be Deputy Prime Minister and other Ministers, as required, in the Council of Ministers to be formed as per this Article.
(6)When appointing Minister as per clause (5), the Prime Minister, at the recommendation of related political party, shall appoint from among the members of the Legislature Parliament
(7)The Prime Minister and Ministers appointed as per this Article, shall be collectively accountable to the Legislature Parliament and Ministers shall be individually accountable to the Prime Minister and the Legislature Parliament regarding their work performance in respective Ministries.
(8)The Prime Minister elected under this Article shall be relieved off his/her office in following situation:
- (a)
If he/she tenders written resignation to the President,
- (b)
If vote of no confidence as per Clause (14) is passed or if he/she is unable to pass vote of confidence,
- (c)
If he/she is no longer a member of Legislature Parliament,
- (d)
If he/she dies
(9)The Deputy Prime Minister, Minister, State Minister, Assistant Minister appointed under this Article shall be relieved off his/her office in following situation:
- (a)
If he/she tenders written resignation to the Prime Minister,
- (b)
If the Prime Minister loses his/her office as per Clause (8),
- (c)
If the Prime Minister relieves him/her off the office at the recommendation or consent of the respective political party,
- (d)
If he/she dies
(10)If the Prime Minister is relieved off his/her office as per clause (8), the same Council Ministers shall continue to discharge its duty till a new Council of Ministers is formed
(11)If the Prime Minister appointed under this article dies, the Deputy Prime Minister or senior most Minister shall take charge of Prime Minister until a new Prime Minister is elected.
(12)The Prime Minister appointed under this Article can, at any time of his/her term, move a motion of vote of confidence at the Legislature Parliament, in order to clarify that he/she enjoys majority.
(13)At least one fourth member of Legislature Parliament can move a motion of vote of no confidence against the Prime Minister at the Legislature Parliament.
Provided that, no more than one such motion of vote of no confidence shall be moved to the Legislature Parliament against the same Prime Minister within six months.
(14)The motions moved as per Clause (12) or (13) shall be decided upon by the simple majority of the current members of the Legislature Parliament.
(15)After the commencement of this Constitution and until the provincial council of ministers is constituted, in accordance with this constitution, the executive power of the province shall be exercised by the Government of Nepal.