The Constitution of Nepal 2015

The sovereignty and state authority of Nepal are vested in Nepali people. The use of which shall be as provided for in this constitution.

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.

• (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.

All the mother tongues spoken in Nepal shall be the national language.

• (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 person.

Provided that, in case his/her father is proved to be a foreign citizen the citizenship of such a person shall be converted into naturalized citizenship as provided for by the federal law.

Provided that, at the time of acquisition of citizenship, both his/her mother and father are citizens of Nepal such person born in Nepal may acquire citizenship of Nepal by descent.

According to this Constitution, a person who acquires citizenship of Nepal by descent may obtain citizenship certificate of Nepal in the name of his/her mother or father with gender identity.

Other provisions relating to the acquisition, re-acquisition and termination of citizenship shall be as provided for by the federal law.

A person who has acquired citizenship of a foreign country and who resides in a country other than a country member of South Asian Association for Regional Cooperation and who previously himself or herself or his/her father or mother, grandfather or grandmother was a citizen of Nepal by descent or by birth and who later acquired the citizenship of a foreign country may be granted non-resident citizenship of Nepal allowing him/her to enjoy the economic, social and cultural rights as provided for by the federal law.

Record keeping of each citizen of Nepal along with his/her identity and other provisions regarding citizenship of Nepal shall be as provided for by the federal law.

• (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.

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 of Nepal, or an act of espionage against the nation, or disclosing national secrets, or helping foreign state or organization that may jeopardize Nepal’s 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 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 of Nepal, or an act of espionage against the nation, or disclosing national secrets, or helping foreign state or organization that may jeopardize Nepal’s 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.

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.

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.

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.

Provided that, this clause shall not apply to a citizen of an enemy state.

Provided that, this clause shall not apply to a person in preventive detention or to a citizen of an enemy state.

Provided that, this clause shall not be applicable to a citizen of an enemy state.

Provided that, the state may impose tax on property and income of a person according to the norms of progressive tax.

Provided that, this clause shall not be applicable to property acquired through illegal means.

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.

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.

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.

Provided that, nothing in this clause shall prevent the enactment of a law requiring citizens to be engaged in compulsory service for public purposes.

Senior citizens shall have the right to special protection and social security from the State.

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.

No citizen shall be exiled.

There shall be right to constitutional remedy pursuant to the Articles 133 or 144 in course of implementation of rights granted in this part.

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.

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.

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 ex-bureaucrats, 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.
• (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-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 non-resident 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.
• 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 multi-utility 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.
• 5. The State shall pursue a policy of making a sustainable use of biodiversity through the conservation and management of 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 pre-warning and pre-informed agreements regarding environmental protection.
• 9. The State shall formulate and pursue a policy of designing a pre-warning 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.
• 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.
• 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.
• 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, non-alignment, 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.

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.

An annual report regarding the works of the government including the achievements made in the implementation of the directive 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.

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.

No question shall be raised in any court as to whether any of the provisions contained in this Part is implemented or not.

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.

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.

• (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.

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

The Vice-President shall cease to hold office under the following circumstances:

• (a)
  If he/she tenders a written resignation to the President,
• (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.

The qualification of the Vice-President, election process, and other provisions regarding the term of office, shall be similar to that of the President.

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.

The President shall take the oath of office and secrecy before the Chief Justice, and, the Vice-President before the President, as provided for by law, before assuming the responsibilities of the office.

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.

The form of governance of Nepal shall be a multi-party, competitive, federal democratic republican parliamentary system based on plurality.

• (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.

• (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.

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.

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.

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.

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.

There shall be a Legislature, called Federal Parliament, consisting of two Houses, namely the House of Representatives and the National Assembly.

• (a)
  One hundred and sixty five members elected through the first-past-the-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.

Provided that, the same person shall not be a candidate in more than one electoral constituency at the same time.

• (a)
  Fifty six members elected from an Electoral College comprising members of Provincial Assembly and chairpersons and vice-chairpersons 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.

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.

• (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.

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.

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.

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.

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.

• (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.

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.

• (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.

Provided that, the interval between two consecutive sessions shall not be more than six months.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

A Secretariat shall be established for the purpose of conducting the business of Parliament. Other matters related thereto shall be as determined by law.

The remuneration and benefits of the Speaker and Deputy Speaker of the House of Representatives, the Chairperson and Vice-Chairperson 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.

The legislative powers of the Federal Parliament shall be as enumerated in Schedule-5, Schedule-7 and Schedule-9.

Provided that, finance bill may be introduced in the House of Representatives only.

• (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.

• (a)
  Bills Passed by the National Assembly but rejected by the House of Representatives, or
• (b)
  Bills sent back by the House of Representatives to the National Assembly with amendments but National Assembly failing to agree on the amendment.

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.

The member who introduces a Bill may withdraw the Bill with the approval of the House.

Provided that, in the case of a Finance Bill, the Speaker shall have to authenticate it as Finance Bill.

Provided that, every such Ordinance:

• (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,

Except for the revenues of religious endowments, all revenues received by the Government of Nepal, all loans raised on the security of revenues, and all money received in payment of any loan made under the authority of any Act and any amount received by the Government of Nepal, unless any other arrangement is made by the Act, shall be credited to a Government Fund to be known as Federal Consolidated Fund.

No expenditure shall be incurred out of the Federal Consolidated Fund or any other federal government fund, other than the following:

• (a)
  Money charged to the Federal Consolidated Fund,
• (b)
  Money required to meet expenditure under an Appropriation Act,
• (c)
  Advance money authorized by an Act required to meet expenditures, when an Appropriation Bill is under consideration, or
• (d)
  Expenditures to be incurred in extraordinary circumstances under a Vote of Credit Act which contains only a description of expenditure.

Provided that, matters relating to the Contingency Fund shall be governed in accordance with Article 124.

The expenditures related to the following matters shall be charged on the consolidated fund and the approval of the Federal Parliament shall not be necessary for such expenses:

• (a)
  amount required as remuneration and benefits payable to the President and vice President,
• (b)
  amount required as remuneration and benefits payable to the Chief Justice, Supreme Court Justice and the Judicial Council members,
• (c)
  amount required as remuneration and benefits payable to the Speaker and deputy Speaker of the House of Representatives, Chair and Vice-chair of National Assembly,
• (d)
  amount required as remuneration and benefits payable to the Heads and office-bearers of Constitutional bodies,
• (e)
  amount required as remuneration and benefits payable to the Provincial Head,
• (f)
  the administrative expenses of the office of the President and the Vice- President, Supreme Court, Judicial Council and constitutional bodies and office of the Provincial Head,
• (g)
  all charges relating to debts for which the Government of Nepal is liable,
• (h)
  any sum required to be paid under any judgment or decree of a court against the Government of Nepal, and
• (i)
  Any other sum declared by Federal law to be chargeable on the Federal Consolidated Fund.

• (a)
  an estimate of revenues,
• (b)
  the money required to meet the charges on the Federal Consolidated Fund, and
• (c)
  the money required to meet the expenditure to be provided for by an Appropriation Act.

The money required to meet the expenditure to be provided by an Appropriation Act shall be specified under appropriate heads in an Appropriation Bill.

• (a)
  that the sum authorized to be spent for a particular service by the Appropriation Act for the current fiscal year is insufficient, or that a need has arisen for expenditure upon new services not provided for by the Appropriation Act for that year, or
• (b)
  that the expenditures made during that fiscal year are in excess of the amount authorized by the Appropriation Act.

Notwithstanding anything contained elsewhere in this Part, if owing to a local or national emergency due to either natural causes, a threat of external aggression or internal disturbances or other reasons, and it is impractical or inexpedient in view of the security or interest of the State to specify the details required under Clause (1) of Article 119, the Finance Minister may present a Vote of Credit Bill before the House of Representatives giving only a description of the proposed expenditure.

Matters relating to the transfer of money appropriated from one head to another and other financial procedures shall be regulated by Federal Act.

• (a)
  Supreme Court,
• (b)
  High Court, and
• (c)
  District Court

However, this provision shall not apply in case of a declaration of a state of emergency due to severe economic breakdown.

The Chief Justice or Judge of the Supreme Court will cease to hold office in the following situations:

• (a)
  If the Chief Justice submits her/his written resignation to the President and a Judge submits her/his resignation to the Chief Justice,
• (b)
  If she/he attains the age of six-five years,
• (c)
  If an impeachment resolution is passed according to Article 101,
• (d)
  If the President relieves her/him of the post on the recommendation of the Constitutional Council in case of the Chief Justice and on the recommendation of the Judicial Council in case of the Judge for not being able to perform duties in service due to physical or mental illness,
• (e)
  If convicted by the court on criminal charges of moral degradation, or
• (f)
  If she/he dies.

Provided that, the Government of Nepal may, in consultation with the Judicial Council, depute a Supreme Court Judge to work concerning judicial inquiry or to legal or judicial investigation or research for a specified period.

Provided that, except on the ground of absence of jurisdiction, the Supreme Court shall not, under this Clause, interfere with the internal affairs of the Federal Parliament and, the proceedings and decisions of the Federal Parliament concerning violation of its privileges and any penalties imposed thereof.

The Chief Justice or Judge of the Supreme Court, Judge of the Constitutional Court following their retirement shall not be allowed to plead any cases in any court, or involve in reconciliation or mediation business.

The Chief Justice shall have the ultimate responsibility to make the administration of justice effective of the Supreme Court and other courts under its jurisdiction or other judicial institutions.

• (a)
  Related to disputes over the jurisdiction between the Federation and Province, among Provinces, between a Province and local level and among the local levels (of government),
• (b)
  Related to disputes concerning the election of members of the Federal Parliament or Provincial Assembly, and ineligibility of the member of the Federal Parliament or Provincial Assembly.

Provided that, this provision shall not apply in a condition of the Judicial Council removing her/him from office for being unable to perform duties of office due to reasons of physical or mental illness.

Provided that, this provision shall not apply in situation of a declaration of state of emergency due to severe economic breakdown.

• (a)
  If she/he submits written resignation to the Chie Justice,
• (b)
  If she/he attains the age of sixty three years,
• (c)
  If she/he is removed by the Judicial Council for reasons of incompetence, misbehavior, ill-intended activities and serious violation of the code of conduct,
• (d)
  If she/he is removed by the Judicial Council for being unable to discharge the duties of her/his office due to physical or mental illness.
• (e)
  If punished by the court on criminal charges constituting moral degradation, or
• (f)
  If she/he dies.

Provided that, the Government of Nepal may, in consultation with the Judicial Council, depute a High Court Judge to work concerning judicial inquiry or for a specified period to any legal or judicial investigation or research or to any other work of national concern.

Provided that, except on the ground of absence of jurisdiction, the High Court shall not, under this Clause, interfere with the internal task and the proceedings and decision of the Provincial Assembly concerning violation of its privileges and any penalties imposed thereof.

A person who has retired as a High Court Judge can plead in in the Supreme Court and High Courts other than in the high courts and subordinate courts that she/he has served as the Judge.

The Chief Judge shall have the ultimate responsibility to make the administration of justice within the jurisdiction of the High Court effective, and for this purpose she/her may, subject to this Constitution and other laws, give necessary instructions to the High Court, other subordinate courts and judicial institutions.

• (a)
  Out of the total vacant positions, twenty percent positions to be fulfilled through appointment of the second class officers of the judicial service who have completed Bachelor’s level in law and having completed at least three years of service, based on seniority, qualifications and evaluation of performance;
• (b)
  Out of the total vacant positions, forty percent positions to be fulfilled through appointment of the second class officers of the judicial service who have completed Bachelor’s level in law and having completed at least three years of service, based on an open competitive examination;
• (c)
  Out of the remaining positions, forty percent of positions to be fulfilled through an open competitive examination amongst Nepali nationals who have the Bachelor’s Degree in law and worked as an advocate for eight years or at least eight years in any post of gazetted second class officer having completed Bachelor’s Degree in law or persons who have practiced law or has either taught law or conducted research thereon or worked in any other field of law and justice for at least eight years;

Provided that, this provision shall not apply in a situation of declaration of a state of emergency due to severe economic breakdown.

• (a)
  If she/he submits written resignation to the Chief Justice of Supreme Court,
• (b)
  If she/he attains the age of sixty three years,
• (c)
  If she/he is removed by the Judicial Council for reasons of incompetence, misbehavior, ill-intended work or serious violation of the code of conduct,
• (d)
  If removed by the Judicial Council for being unable to discharge the duties of her/his office due to physical or mental illness,
• (e)
  If punished by the court on criminal charges constituting moral degradation, or
• (f)
  If she/he dies.

Provided that, the Government of Nepal may, in consultation with the Judicial Council, assign a District Court Judge to work concerning judicial inquiry or for a specified period to any legal or judicial investigation or research, or to works related to elections.

Provided that, no specialized court, judicial institution or tribunal shall be constituted for the purpose of hearing a particular case.

• (a)
  The Chief Justice-Chairperson
• (b)
  The Federal Minister for Law and Justice-Member
• (c)
  Senior-most Judge of the Supreme Court-Member
• (d)
  A legal expert nominated by the President on the recommendation of the Prime Minister-Member
• (e)
  A senior advocate, or an advocate who has at least twenty years’ experience to be appointed by the President on the recommendation of the Nepal Bar Association-Member

Provided that, the Government of Nepal shall make permanent appointments through new recruitments in gazetted post of federal judicial service of a person who is not in Federal Government Service or while making promotions from non-gazetted post of federal judicial service to gazette post of the same service, on the recommendation of the Public Service Commission.

• (a)
  Chief Justice of the Supreme Court-Chairperson
• (b)
  Federal law and Justice Minister- Member
• (c)
  Senior-most Judge of the Supreme Court-Member
• (d)
  Chairperson of the Public Service Commission –Member
• (e)
  The Attorney General-Member

The remuneration, benefits and conditions of service of the staffers of the Federal Judicial Services shall be as provided in Federal Act.

The formation of judicial service in the province and the remuneration, benefits and conditions of service of its staffers shall be as provided in the Federal law.

• (a)
  if she/he submits resignation in writing through the Prime Minister to the President,
• (b)
  if the President, on the recommendation of the Prime Minister, removes him/her from the office,
• (c)
  if she/he dies.

• (a)
  To appear on behalf of the Government of Nepal in litigations submitted by or against the Government of Nepal.
• (b)
  To monitor or cause to be monitored the implementation of interpretation of law and the legal principles propounded by the Supreme Court in the course of proceeding.
• (c)
  To investigate allegations of inhuman treatment to any person in custody, or any denial of consultation with his/her relatives or through legal practitioners in case of complaints or information received to him through any means and give necessary instruction, under this constitution, to the relevant authorities, to prevent the recurrence of such a situation.

• (a)
  if she /he submits resignation in writing through Chief Minister to the Head of Province ,
• (b)
  if the Head of Province, on the recommendation of the Chief Minister, removes him/her from the office,
• (c)
  if she /he dies.

The remuneration, other benefits and conditions for service for government attorneys and other employees working under the Attorney General shall be as prescribed in Federal law.

Provided that, the executive power of the Province shall be exercised by the Provincial Head in case of absence of the Provincial Executive in a State of Emergency or enforcement of Federal rule.

Provided that, the Provincial Council of Ministers must coordinate with the Government of Nepal while exercising executive powers in areas mentioned in the concurrent list.

Any person with the following qualifications shall be eligible for the post of the Provincial Head:

• (a)
  has attained 35 years of age,
• (b)
  is eligible to be a member of the Federal Parliament, and
• (c)
  is not ineligible by any law.

• (a)
  if she/he tenders her/his resignation before the President,
• (b)
  if her/his term comes to an end or is removed by the President before the end of the term, or
• (c)
  if she/he dies.

The Provincial Head shall take her/his oath of office and secrecy before the President, pursuant to the Federal law.

• (a)
  If the Chief Minister submits her/his resignation to the Provincial Head.
• (b)
  If vote of confidence pursuant to Article 188 fails or the no-confidence motion against her/him is passed,
• (c)
  If she/he ceases to be the member of the Provincial Assembly, or
• (d)
  If she/he dies.

• (a)
  If they submit their resignation to the Chief Minister,
• (b)
  If the Chief Minister removes them,
• (c)
  If the Chief Minister ceases to hold office pursuant to Clause (1), or
• (d)
  If she/he dies.

Provided that, in the case of the death of the Chief Minister, the senior most Minister shall act as Chief Minister until a new Chief Minister is appointed.

The remuneration and other benefits of the Chief Minister, Minister, State Minister and Assistant Minister shall be as determined by an Act. Until so determined, they shall be as specified by the Government of Nepal.

The Chief Minister and Ministers shall take their oath of office and secrecy according to the law before the Provincial Head, and the State Ministers and Assistant Ministers shall take their oath of office and secrecy before the Chief Minister.

The Chief Minister shall inform the Provincial Head about the following subjects:

• (a)
  The decision of the Provincial Council of Ministers,
• (b)
  Bills to be presented before the Provincial Assembly,
• (c)
  Other necessary information sought by the Provincial Head in relation to subjects mentions in Section (a) and (b), and
• (d)
  The contemporary situation of the Province.

There shall be a unicameral legislature in a province which shall be called the Provincial Assembly.

• (a)
  Members equal to double the number of members to be elected through the first-past-the-post (FPTP) election system to the House of Representatives from the concerned province,
• (b)
  The number of members to be elected through the Proportional Representation (PR) election system equal to the number equivalent to the remaining forty per cent when the number of members maintained pursuant to section (a) is regarded as sixty per cent.

Provided no one candidate shall stand in election from more than one constituency at a time.

• (a)
  be a Nepali citizen,
• (b)
  be a voter of the concerned Province,
• (c)
  have attained twenty-five years,
• (d)
  not have been punished for any criminal offence involving moral turpitude,
• (e)
  not deemed ineligible by any law, and
• (f)
  Not be holding an office of profit.

The members of the Provincial Assembly shall take the oath, as provided for in the law, before taking part for the first time in a meeting of the Assembly or a meeting of any of its Committee.

The seat of a member of the Provincial Assembly shall deemed to be vacant in the following circumstances:

• (a)
  if she/he submits resignation to the Speaker of the Provincial Assembly,
• (b)
  if she/he does not, or has ceased to, possess the qualifications pursuant to Article 178,
• (c)
  if the term of the Provincial Assembly expires or is dissolved,
• (d)
  if she/he remains absent from ten consecutive meetings without notification to the Provincial Assembly,
• (e)
  if the party of which she/he was a member when elected provides notification in the manner set out by provincial law that she/he has left the party, or
• (f)
  if she/he dies.

If a question arises as to whether any member of the Provincial Assembly is disqualified or has ceased to posses any of the qualifications required by Article 178, the final decision shall be made by the Constitutional Bench of the Supreme Court.

Provided that, if not more than one party is represented in the Provincial Assembly or candidacy has not been registered even with the presence of more than one party, it shall not obstruct the Speaker and Deputy Speaker being from the same party.

• (a)
  if she/he ceases to be a member of the Provincial Assembly,
• (b)
  if she/he submits written resignation, or
• (c)
  if a resolution is adopted by a majority of two-thirds of the total number of members existing for the time being in the Provincial Assembly, to the effect that her/his conduct is not compatible with her/his position.

Provided that, the period between the prorogation of a session and the commencement of new session shall not be more than six months.

Except as otherwise provided for in this Constitution, no resolution shall be presented for decision in any meeting of the Provincial Assembly unless one-fourth of the total number of members are present.

Any resolution submitted for decision in the Provincial Assembly shall be decided by a majority vote of members present and voting. The presiding member shall not have the right to vote.

Provided that, in case of a tie the presiding member may exercise a casting vote.

Provided that, nothing in this Clause shall be deemed to prevent the arrest of any member on a criminal charge under any law. If any member is so arrested, the authority making such arrest shall immediately inform the person chairing the Provincial Assembly.

Provided that, if such a person submits an apology to the satisfaction of the Provincial Assembly, it may either pardon her/him or alter the sentence imposed on her/him.

Provided that, a no-confidence motion shall not be moved until the first two years of her/his appointment as the Chief Minister and not before another year once a no-confidence motion fails.

The Minister, State Minister and Assistant shall be allowed to attend and take part in the business and deliberations of the Provincial Assembly and its Committee meetings.

Provided that, the Minister, State Minister or Assistant Minister, who is not a member of the Provincial Assembly, shall not be allowed to vote in the Provincial Assembly meeting or its Committees and the Minister, State Minister or Assistant Minister, who is a member of the Provincial Assembly shall not be allowed to vote in the meeting of the Committee other than she/he is a member.

If any person who has not taken oath pursuant to Article 178 or does not hold necessary qualifications for membership of the Provincial Assembly attends the Provincial Assembly or its Committee meetings or votes in capacity of a member then the person presiding over the meeting shall order a fine of five thousand rupees against the person for every instance of such attendance or voting, and the penalty shall be recovered as government dues.

No discussion shall be held in the Provincial Assembly which could have an adverse impact in the judicial execution of a matter under consideration in any court of Nepal, and about anything done by a Judge in the course of performance of his or her judicial duties.

The proceedings of the Provincial Assembly shall be conducted notwithstanding any vacancies in its membership, and no proceedings shall become invalid even if it subsequently found that a person not entitled to take part in the proceedings participated.

The Provincial Assembly shall constitute committees or special committees according to the need and as provided for in its rules to manage the transaction of business of the Provincial Assembly.

The Provincial Assembly shall frame rules to conduct its business, maintain order during its meetings and to regulate the constitution, functions and procedures of, and for any other matters pertaining to, committees of the Provincial Assembly.

The remunerations and benefits of the Speaker, Deputy Speaker and members of the Provincial Assembly shall be as provided for in the Provincial law. Until such a law is formulated, it shall be as determined by the provincial government.

The legislative powers of the Provincial Legislature shall be as enumerated in Schedule-6, Schedule-7 and Schedule-9.

• (a)
  the imposition, collection, abolition, remission, alteration or regulation of taxes or regulation of tax system in the Province,
• (b)
  the preservation of the Provincial Consolidated Fund or any Government fund of another Province, 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 guarantees by the Provincial Government, or any matter pertaining to amendment of the laws concerning the financial liabilities undertaken or to be undertaken by the Provincial Government,
• (d)
  the custody and investment of all revenues received by any Provincial Government Fund, money acquired through the repayment of loans, and the grant of money; or audits of the accounts of the Provincial Government; or
• (e)
  matter directly related to sections (a), (b), (c), (d) and (e).

Provided that, a Bill shall not be deemed to be a Finance Bill by reason only that it provides for the levying of any charges and fees such as license fee, application fee, renewal fee or it provides for imposition of any penalty or imprisonment.

Provided that, if the Provincial Assembly is dissolved or its term expires when any Bill is under consideration at the Provincial Assembly, such Bill shall be deemed to have lapsed.

A Bill may be withdrawn by the member introducing it with the approval of the Provincial Assembly.

Provided that, in the case of a Finance Bill, the Speaker shall so certify stating that it is a Finance Bill.

Provided that, every such Ordinance:

• (a)
  shall be tabled at the next session of Provincial Assembly, and if not passed it shall ipso facto cease to be effective;
• (b)
  may be repealed at any time by the Head of Province ; and
• (c)
  shall, unless rendered ineffective or repealed under sections (a) or (b), ipso facto cease to have effect at the expiration of sixty days from the commencement of the session of the Provincial Assembly.

Except for the revenues of religious endowments, all revenues received by the Provincial Government, all loans raised on the security of revenues, and all the money received in repayment of any loan made under the authority of any Act and any amount received by the Provincial Government shall be credited to a Provincial Government Fund to be known as the Provincial Consolidated Fund.

No expenditure shall be incurred out of the Provincial Consolidated Fund or any other Provincial Government fund other than the following:

• (a)
  money charged on the Consolidated Fund,
• (b)
  money required to meet expenditure under an Appropriation Act,
• (c)
  advance money authorized by an Act required to meet expenditures, when an Appropriation Bill, is under consideration, or
• (d)
  expenditures to be incurred in extraordinary circumstances under a Vote of Credit Act which contains only a description of expenditure.

Provided that, matters relating to the Provincial Contingency Fund shall be in accordance with Article 212.

The expenditures relating to the following matters shall be charged on the Provincial Consolidated Fund and permission of the Provincial Assembly shall not be necessary for such expenses :

• (a)
  the amount to be provided for the salary and benefits of the Speaker and Deputy Speaker of the Province,
• (b)
  the amount required as remuneration and benefits payable to the Chairperson and members of the Provincial Public Service Commission,
• (c)
  all charges relating to debts for which the Provincial Government is liable,
• (d)
  any sum required to be paid under any judgment or decree of a court against the Provincial Government,
• (e)
  any other sum declared by law to be chargeable on the Provincial Consolidated Fund.

• (a)
  an estimate of revenues,
• (b)
  the money required to meet the charges on the Provincial Consolidated Fund, and
• (c)
  the money required to meet the expenditure to be provided for by Provincial Appropriation Act.

The money required to meet the expenditure to be provided by any Province Appropriation Act shall be specified under appropriate heads in an Appropriation Bill.

• (a)
  that the sum authorized to be spent for a particular service by the Provincial Appropriation Act for the current fiscal year is insufficient, or that a need has arisen for expenditure upon new services not provided for by the Provincial Appropriation Act for that year, or
• (b)
  that the expenditures made during that fiscal year are in excess of the amount authorized by the Provincial Appropriation Act.

Notwithstanding anything contained elsewhere in this Part, if owing to a provincial emergency due to either natural causes or a threat of external aggression or internal disturbances or other reasons, it is impractical or inexpedient in view of the security or interest of the Province to specify the details required under Clause (1) of Article 207, the Finance Minister of the Province may present a Vote of Credit Bill before the Provincial Assembly giving only a description of the expenditure.

Matters relating to the transfer of money appropriated by Provincial Act from one head to another and other financial procedures shall be regulated by Provincial Act.

• (a)
  be a Nepali citizen,
• (b)
  have attained twenty-one years of age,
• (c)
  is included in the voters list of the Village council,
• (d)
  is not ineligible by any law.

• (a)
  if the Head tenders her/his resignation before the Deputy Head and the Deputy Head before the Head,
• (b)
  if her/his term comes to an end, or
• (c)
  if she/he dies

• (a)
  be a Nepali citizen,
• (b)
  have attained twenty-one years of age,
• (c)
  is included in the voters list of the Municipality,
• (d)
  is not ineligible by any law.

• (a)
  if the Head tenders her/his resignation before the Deputy Head and the Deputy Head before the Head,
• (b)
  if her/his term comes to an end, or
• (c)
  if she/he dies.

The allocation and transaction of business of the Village Executive and Municipal Executive shall be carried out as set forth in rules approved by the Village Executive and Municipal Executive.

Other provisions relating to the local level executive other than those written in this part shall be as provided for in the laws drafted, in pursuant to this Constitution, by the Federal Parliament.

• (a)
  if the Head tenders her/his resignation before the Deputy Head and the Deputy Head or member tenders her/his resignation before the Head,
• (b)
  if her/his term comes to an end, or
• (c)
  if she/he dies.

• (a)
  to coordinate among the Village Municipalities and Municipalities and Province within the District,
• (b)
  to carry out monitoring so as maintain balance in development and construction works,
• (c)
  to maintain coordination among the Federal and Provincial government offices and Village Council and Municipality within the district,
• (d)
  to perform other tasks as provided for in the Provincial law.

• (a)
  be a Nepali citizen,
• (b)
  have attained twenty-one years of age,
• (c)
  be included in the voter’s list of the Village Council, and
• (d)
  not deemed ineligible by any law

• (a)
  be a Nepali citizen,
• (b)
  have attained twenty-one years of age,
• (c)
  be included in the voter’s list of the Municipality, and
• (d)
  not deemed ineligible by any law.

The Head and Deputy Head of the Village Executive and the Mayor and Deputy Mayor of the Municipal Executive shall carry out the transaction of business as Chairperson and Vice-Chairperson of the Village Assembly and Municipal Assembly respectively.

The term of Village Assembly and Municipal Assembly shall be five years.

The operation of the Village Assembly and Municipal Assembly, meeting procedures, formation of Committees, condition of vacation of the post of members, the benefits entitled to members of the Village Assembly and Municipal Assembly and other arrangements of the Village Council and Municipality personnel and office shall be as provided for in the Provincial law.

Provided that, if not endorsed by the Federal Parliament, such suspension or dissolution shall ipso facto cease to be effective.

• (a)
  Prime Minister -Chairperson
• (b)
  Home Minister of Government of Nepal -Member
• (c)
  Finance Minister of Government of Nepal -Member
• (d)
  Chief Ministers of respective Provinces -Member

No obstruction of any kind or levying of taxes or discrimination shall be made in the export and import of goods or services from one Province or local level to another Province or local level and in the transportation of any goods or services through the territory of any province or local level to another province or local level of Nepal.

Nothing contained in this Part shall have any effect on the jurisdiction of the Constitutional Bench of the Supreme Court as provided for in Article 137.

• (a)
  if she/he submits a written resignation to the President,
• (b)
  if she/he attains the age of sixty-five,
• (c)
  if a resolution of impeachment is passed against her/him as per Article 101,
• (d)
  If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
• (e)
  if she/he dies.

Provided that, nothing in this Clause shall be deemed to bar the appointment of a Commissioner to Chief Commissioner, and when a Commissioner is so appointed as the Chief Commissioner, her/his term of office shall be computed as to include her/his tenure as Commissioner as well.

• (a)
  holds a bachelor's degree from a recognized university,
• (b)
  is not a member of any political party immediately before the appointment,
• (c)
  has at least twenty years of experience in the field of accounting, revenue, engineering, law, development or research and is a distinguished person,
• (d)
  has attained forty-five years of age, and
• (e)
  possesses a high moral character.

Provided that, this provision shall not apply in the event of a declaration of a State of Emergency due to extreme financial breakdown.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out a study or research on any subject.

Provided that, this Clause shall not be applicable to any official in relation to whom this Constitution itself separately provides for such action, and to any officials with regard to whom other law has separately made special provision.

• (a)
  if she/he submits a written resignation to the President,
• (b)
  if she/he attains the age of sixty-five,
• (c)
  if a resolution of impeachment is passed against her/him as per Article 101,
• (d)
  If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
• (e)
  if she/he dies.

• (a)
  holds a Bachelor’s Degree in Management, Commerce or Accounts from a recognized university, or has worked as a Special Class Officer of the Government of Nepal after successfully completing the Chartered Accountants examination, or has at least twenty years experience in the field of auditing,
• (b)
  is not a member of any political party immediately before appointment,
• (c)
  has attained forty-five years of age, and
• (d)
  possesses high moral character.

Provided that, this provision shall not apply in the case of declaration of a State of Emergency due to extreme economic breakdown.

Provided that, nothing in this Clause shall be a bar to appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out studies or research on any subject.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Public Service Commission as Chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.

• (a)
  if she/he submits a written resignation to the President,
• (b)
  if she/he attains the age of sixty-five,
• (c)
  if a resolution of impeachment is passed against her/him as per Article 101,
• (d)
  If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
• (d)
  if she/he dies.

• (a)
  holds a post-graduate degree from a recognized university,
• (b)
  is not a member of any political party immediately before appointment,
• (c)
  has attained the age of forty five years, and
• (d)
  possesses high moral character.

Provided that, this provision shall not apply in the case of declaration of a State of Emergency due to extreme economic breakdown.

Provided that, nothing in this Clause shall be deemed to be a bar to appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out studies or research on any subject.

• (a)
  matters concerning the law relating to the conditions of service of the Federal Civil Service,
• (b)
  the general principles to be followed in the course of appointment to, promotion to, and departmental action concerning therein, the Federal Civil Service or positions therein,
• (c)
  matters concerning the suitability of any candidate for appointment to a Federal Civil Service position for a period of more than six months,
• (d)
  matters concerning the suitability of any candidate for transfer or promotion from one kind of Federal Civil Service to another kind of Federal Civil Service or from any other Government Service to the Federal Civil Service or for changing the service or translocation from the Civil Service Position of any Province to Federal Civil Service position or from Federal Civil Service position to the Provincial Civil Service.
• (e)
  matters concerning the permanent transfer or promotion of any employee working in any position of an organization which is not required to consult with the Public Service Commission on matters of appointment, to any position for which consultation with the Public Service Commission is required, and
• (f)
  matters relating to departmental actions proposed against any Federal Civil Servant.

• (a)
  if she/he submits a written resignation to the President,
• (b)
  if she/he attains the age of sixty-five,
• (c)
  if a resolution of impeachment is passed against her/him as per Article 101,
• (d)
  If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness.
• (e)
  if she/he dies.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment of a commissioner of the Election Commission as Chief Commissioner thereof, and when a Commissioner is so appointed as the Chief Commissioner, her/his term of office shall be computed so as to include her/his tenure as Commissioner as well.

• (a)
  holds a Bachelor's Degree from a recognized university,
• (b)
  is not a member of any political party immediately before the appointment;
• (c)
  has attained the age of forty five, and
• (d)
  possesses high moral character.

Provided that, this provision shall not apply in the case of declaration of a State of Emergency due to extreme economic breakdown.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.

The Government of Nepal, provincial government and local government shall provide necessary employees and extend other cooperation as may be required to perform the functions of the Election Commission in accordance with this Constitution.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.

• (a)
  if she/he submits a written resignation to the President,
• (b)
  if a resolution of impeachment is passed against her/him as per Article 101,
• (c)
  If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
• (d)
  if he or she dies.

• (a)
  for the position of Chairperson, a person from among the retired Chief Justices or Judges of the Supreme Court who has made an outstanding contribution to the protection and promotion of human rights, or a person who holds a high reputation and has rendered an outstanding contribution in the field of protection and promotion of human rights or various sections of national life for at least twenty years,
• (b)
  for the position of members, persons from among the persons who hold high reputation and have been actively involved in the field of, and rendered an outstanding contribution to, the protection and promotion of human rights or children rights, or various sections of national life for at least twenty years,
• (c)
  holds a Bachelor's Degree from a recognized university,
• (d)
  has attained the age of forty five,
• (e)
  is not a member of any political party immediately before the appointment, and
• (f)
  possesses high moral character.

Provided that, this provision shall not apply in the case of declaration of a State of Emergency due to extreme economic breakdown.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.

• (a)
  conduct inquiries into, and investigations of, and recommendation for action against the perpetrator of, instances of violation or abetment of violation the human rights of any person or a group of persons, upon a petition or complaint presented to the Commission by the victim herself/himself or any person on her/his behalf or upon information received from any sources, or on its own initiative,
• (b)
  forward a recommendation to the authority concerned to take departmental action against any authority that has the duty of responsibility to prevent violations of human rights, if it failed to perform such duty or responsibility or showed recklessness or lack of interest in performing that duty,
• (c)
  make recommendations if necessary, to lodge a petition in the court, in accordance with the law, against a person or institution that has violated human rights,
• (d)
  work jointly and in a coordinated manner with civil society to enhance awareness of human rights,
• (e)
  forward a recommendation to the relevant authority for taking departmental action against or imposing punishment on the violators of human rights, giving clear reasons and basis therefor,
• (f)
  review existing laws relating to human rights on a periodic basis and to recommend to the Government of Nepal necessary reforms and amendment thereto,
• (g)
  recommend with reasons to the Government of Nepal that it become a party to any international treaties and agreements on human rights, if it is desirable to do so, and to monitor the implementation of the international treaties and agreements on human rights to which Nepal is a party and if found not to be implemented, forward recommendations to the Government of Nepal for effective implementation of such agreements,
• (h)
  Publicize the names of any official, person or bodies not following or implementing the recommendations and directions of the National Human Rights Commission regarding the violations of human rights in accordance with law, and to record them as human rights violators.

• (a)
  exercise same powers as the court in requiring any person to appear before the Commission for recording their statement and information or examining them, receiving and examining evidence, and ordering the production of any physical proof,
• (b)
  in case the Commission has received the information from any source that a serious incident of violation of human rights has occurred or is likely to occur, it may enter a person’s residence or office, conduct a search and seize any documents and evidence relating to human rights violations therein,
• (c)
  enter any government premises or other places, without prior notice, in case the Commission has received information that violation of human rights of a person is occurring thereon and immediate action is required, to provide rescue,
• (d)
  order compensation for the victims of human rights violations in accordance with law,

• (a)
  If a written resignation is tendered to the President,
• (b)
  If he/she attains the age of 65 years;
• (c)
  If an impeachment motion against him/her is passed as per Article 101,
• (d)
  If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness.
• (e)
  If he/she dies.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.

• (a)
  who holds at least a Bachelor’s Degree in the concerned subject from a university recognized with expertise in natural resources or fiscal management, economics, law or management, and having at least twenty years of experience in the sector
• (b)
  who is not a member of a political party at the time of the appointment,
• (c)
  who is at least forty five years of age, and
• (d)
  who has a high moral character.

Provided that, this provision shall not be applicable in the event of the declaration of a State of Emergency due to extreme economic breakdown.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.

• (a)
  Determine extensive grounds and measures, regarding the distribution of revenue from the federal consolidated fund to the federal, provincial and local level governments according to the constitution and law,
• (b)
  Making recommendations, according to law, on distribution of the equalization grants to provincial and local governments from the federal consolidated fund,
• (c)
  Conducting research and studies with regard to making a basis for distribution of conditional grants to provincial and local governments in compliance with national policy and program and standards, and the state of infrastructure there.
• (d)
  Determine extensive grounds and measures regarding the distribution of revenue between provincial and local governments from the provincial consolidated fund.
• (e)
  Making recommendations regarding the measures of reforms on responsibilities of expenditures and revenue generation for the federal, provincial and local governments.
• (f)
  Making recommendations about the internal loans the federal, provincial and local governments may take, by analyzing the macroeconomic indices.
• (g)
  Reviewing the bases of revenue distribution between the federal and provincial governments, and making recommendations for reform.
• (h)
  Determine base for computing the share of investment and return for federal, provincial and local government while exploiting natural resources, and make necessary recommendations.
• (i)
  Making recommendations about coordination and mitigation of disputes likely to arise regarding distribution of natural resources between the federation and province, between the provinces, between a province and local level entity, or between local level entities.

• (a)
  if she submits written resignation to the President,
• (b)
  if she attains the age of sixty five,
• (c)
  if a motion of impeachment is passed against her as per Article 101,
• (d)
  If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness.
• (e)
  if she dies.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.

• (a)
  a woman who has made a significant contribution for the rights, interest of women or gender justice or women development or in the field of human rights and law for at least ten years,
• (b)
  holds a Bachelor's Degree from a recognized university in case of the Chairperson,
• (c)
  has attained the age of forty-five,
• (d)
  is not a member of any political party immediately before the appointment, and
• (e)
  possesses high moral character,

Provided that, this provision shall not apply in the case of declaration of a State of Emergency due to extreme economic breakdown.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.

• (a)
  To formulate policies and programs regarding women welfare for the Government of Nepal and forward them to the Government for implementation,
• (b)
  To review whether or not statutes related to women’s welfare are executed, and whether the international covenant signed by Nepal, as a signatory, has been executed, and to forward a recommendation to the Government of Nepal in case they are found not to have been executed,
• (c)
  To monitor, review and evaluate policies and programs implemented by the State to bring women into the mainstream of national development such as proportionate representation in all of the state agencies, and to forward a recommendation to the Government of Nepal for an effective implementation of those provisions,
• (d)
  To carry out research and studies regarding gender equality, women empowerment, other legal provisions concerning women, and to forward a recommendation to the concerned bodies regarding the areas to be amended in those laws, and to monitor the same,
• (e)
  To monitor the government regarding report to be submitted by the Government of Nepal in matters related to international covenant and treaties to which Nepal is a party,
• (f)
  To forward a recommendation to concerned authority to lodge a petition in the court, in accordance with the law, in matters related with gender violence, and women deprived of women rights due to social malpractices,

The National Women’s Commission may establish its offices in provinces as may be necessary.

• (a)
  if he/she submits written resignation to the President,
• (b)
  If he/she is passed 65 years of age,
• (c)
  in case impeachment proposal filed against him/her is passed as per Article 101,
• (d)
  If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
• (e)
  if he/she dies.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.

• (a)
  a person from Dalit community who has significantly contributed to Dalit welfare, human rights and in the legal field for at least ten years,
• (b)
  in case of the Chairperson, a person who has held at least Bachelor’s Degree in human rights, social justice, sociology, or law from the recognized university
• (c)
  who has attained the age of forty-five years,
• (d)
  who has not been a member of any political party immediately before the appointment,
• (e)
  who possesses high moral character.

Provided that, extreme economic breakdown has led to the state of emergency, this provision shall not be applicable.

Provided that, nothing in this clause shall be deemed to be a bar to the appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to the position which has the responsibility of submitting advice, opinions or recommendations.

• (a)
  To carry out research and studies regarding Dalit community of Nepal so as to identify legal and institutional reforms to be made and make a recommendation to the Government of Nepal,
• (b)
  To formulate national policies and programs in matters related with ending caste discrimination, untouchability, suppression and to enhance Dalit’s status and development, and to forward a recommendation to the Government of Nepal for implementation,
• (c)
  To monitor, so as to ensure whether the special provisions and laws related with Dalit welfare have been implemented or not, and to forward a recommendation to the government of Nepal, in case these provisions are found not to have been implemented,
• (d)
  To review or monitor the Government of Nepal, so as to ensure that the Government of Nepal submits the report as a signatory to the international treaties and agreement, as provisioned by those treaties,
• (e)
  To monitor, review and evaluate the policies and programs implemented by the State to bring Dalit community into the mainstream of national development such as proportionate representation in all of the state agencies, and to forward a recommendation to the Government of Nepal for an effective implementation of those provisions,
• (f)
  To recommend to respective agencies on filing petitions in court according to the law, against any person or organization if it is deemed necessary on subjects of discriminations on caste and untouchability or victim of social malpractices or disallowing or depriving of exercising the right of Dalits.

The National Dalit Commission may establish its offices in provinces as may be necessary.

• (a)
  if he/she submits written resignation to the President,
• (b)
  If he/she is past 65 years of age,
• (c)
  in the case impeachment proposal filed against him/her is passed as per Article 101,
• (d)
  If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
• (e)
  if he/she dies.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.

• (a)
  who has significantly contributed, for at least ten years, in the field of social inclusion, and in promoting the rights and interests and development of persons disability, marginalized, minority and backward communities, human rights
• (b)
  in case of Chairperson, a person who has attained at least Bachelor’s Degree from recognized university,
• (c)
  who has attained the age of forty five years,
• (d)
  who has not been a member of any political party immediately before the appointment,
• (e)
  who possesses high moral character.

Provided that, extreme economic breakdown has led to state of emergency, this provision shall not be applicable.

Provided that, nothing in this clause shall be deemed to be a bar to the appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to the position which has the responsibility of submitting advice, opinions or recommendations.

• (a)
  To carry out research and studies for protecting rights and welfare of Khash Arya, backward class, persons with disability, senior citizens, laborers, peasants, marginalized and minority communities, people of Karnali region and economically disadvantaged people,
• (b)
  To review the policies of the Government of Nepal for inclusion of the persons as mentioned in section (a) above and their implementation, and to forward necessary recommendation to the government for reform,
• (c)
  To conduct study about the rightful representation of the persons as mentioned in section (a) above in the state mechanisms, and to forward a recommendation to the Government of Nepal to review the provision to ensure their representation therein,
• (d)
  To study whether protection, empowerment and development of the persons as mentioned in section (a) is satisfactory and to forward a recommendation to the Government of Nepal regarding the policies to be adopted for the future,
• (e)
  To recommend the Government of Nepal regarding policies and programs to be implemented for development and prosperity of Karnali and other backward regions,
• (f)
  To recommend for timely revision in the laws related to minorities and marginalized communities,
• (g)
  To monitor the situation of implementation of rights and interests of minorities and marginalized communities, and to make recommendations for revision based on reports of periodic census and human development indices

The National Inclusion Commission may establish its offices in provinces as may be necessary.

Federal Parliament shall review the Commissions constituted under this part after ten years of commencement of this Constitution.

• (a)
  Prime Minister -Chairperson
• (b)
  Defense Minister, Government of Nepal -Member
• (c)
  Home Minister, Government of Nepal -Member
• (d)
  Minister for Foreign Affairs, Government of Nepal-Member
• (e)
  Finance Minister, Government of Nepal -Member
• (f)
  Chef Secretary of Government of Nepal-Member
• (g)
  Chief of the Army Staff-Member

• (a)
  The constitution and rules of the political party should be democratic,
• (b)
  There should be the provision, in the constitution of the political party, of the election of the office bearers in the federal and provincial levels, at least once in five years.

Provided that, in case election of the office bearers could not be held within five years due to situation arising out of special circumstance, there shall be no hindrance to make provision in the statute of a political party to hold such election within a period of six months.

• (c)
  There should be the provision of proportional participation so as to reflect the diversity of Nepal, in the executive committees at various levels of the party.

Other provisions relating to formation, registration, operation and facilities of the political parties shall be as provided in Federal law.

Provided that, Article 16, section (c) and (d) of Article 17(2), Article 18, 19 (2), 20, 21, 22, 24, 26 (1), 29, 30, 31, 32, 35, 36 (1) and (2), 38, 39, 40 (2) and (3), 41, 42, 43, 45 and the right to constitutional remedy and right to habeas corpus related to Article 46 shall not be suspended.

Provided that, Clause (1) shall not be amended.

Provided that, In case the Provincial Assembly is not in place, the bill shall have to be endorsed or rejected within three months from the time the assembly comes into force and forward the information to the federal legislature.

The President may grant pardons to persons convicted, and suspend, commute, or reduce any sentence imposed by any court, judicial or quasi-judicial bodies or administrative officer or authority.

• (a)
  peace and friendship,
• (b)
  security and strategic alliance,
• (c)
  the boundaries of Nepal, and
• (d)
  natural resources and the distribution of their uses.

Provided that, simple majority of the present members of House of Representatives can ratify, accede to, accept or approve ordinary type of treaty or agreement under section (a) and (d) that do not have wide, grave or long term impact on the nation

In case the position of the President and Vice-President of Nepal falls vacant at once under this constitution, the Prime Minister shall perform the responsibilities mandated to the President under this constitution.

The Government of Nepal shall review and revise, along with census of every ten years, the provisions regarding special rights of the women and Dalit community and its implementation and effectiveness based on human development index.

Appointment to the constitutional bodies and agencies shall be made based on the principles of inclusion.

• (a)
  Prime Minister -Chairperson
• (b)
  Chief Justice-Member
• (c)
  Speaker of the House of Representatives -Member
• (d)
  Chairperson of National Assembly - Member
• (e)
  Leader from the Opposition Party in House of Representatives -Member
• (f)
  Deputy Speaker of House of Representatives-Member

Provided that, In case the posts have fallen vacant due to death or resignation, the recommendation for appointment has to be made so as to fulfill the vacant posts within a month from the day of position lying vacant.

• (a)
  Retired Justice of the Supreme Court-Chairperson
• (b)
  A geographer/geologist -Member
• (c)
  A sociologist or demographer -Member
• (d)
  An administrator or a legal expert-Member
• (e)
  A special class gazetted officer of the Government of Nepal -Member Secretary

• (a)
  who has held at least a Bachelor’s Degree in a relevant subject from a recognized university
• (b)
  who has attained the age of forty five years,
• (c)
  who has high moral character.

• (a)
  if she /he submits written resignation,
• (b)
  if Council of Ministers of Government of Nepal relieves him/her from duty, or
• (c)
  if she /he dies.

• (a)
  Having attained Master's degree on the concerned subject from a recognized University;
• (b)
  Having the experience of at least 20 years in studies, teaching, and research on various languages of Nepal;
• (c)
  Having attained the age of 45 years;
• (d)
  Having high moral character.

• (a)
  If he/she tenders resignation in writing;
• (b)
  If the Council of Minister of Government of Nepal removes him/her;
• (c)
  If he/she attains the age of 65 years;
• (d)
  If he/she dies.

• (a)
  To determine the basis for a language to acquire status of official language and forward a recommendation to the Government of Nepal,
• (b)
  To forward a recommendation to the government of Nepal regarding the measures to be adopted for the protection, promotion and development of languages,
• (c)
  To measure the standards for development of mother language, and to forward a recommendation to the Government of Nepal regarding its potentials for use in education,
• (d)
  To carry out research, monitoring and studies of languages.

Provided that, in case of the person having obtained citizenship by naturalization, he/she shall have to have permanent domicile for at least ten years in Nepal and in case of the person having obtained citizenship by birth or person having obtained citizenship by naturalization under Article 11 (6), he/she shall have to have permanent domicile for at least five years in Nepal.

Provided that, there shall be no hindrance to elect, nominate or appoint such a person to such position after lapse of a period of three months after he/she waives such permanent residential permission.

The chief and officials of the constitutional bodies shall be accountable and answerable to federal legislature. The respective committee of the House of Representatives may monitor and evaluate the functioning of the constitutional bodies including reports, other than that of the National Human Rights Commission, and issue necessary directives and suggestions.

Provided that, if the elections for the House of Representatives are to happen pursuant to this Constitution, the term of the transformed Legislature-parliament shall be until one day before the nominations are filed for the elections of House of Representatives.

• (a)
  If President tenders his/her resignation to Vice President; or if Vice President tenders his/her resignation to President,
• (b)
  If impeachment motion against him/her is passed as per Clause (7),
• (c)
  If new President or Vice-President is elected from the Electoral College as mentioned in Article 62 and assume office,
• (d)
  if he/she dies

• (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

• (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

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.

• (a)
  If he/she tenders written resignation
• (b)
  If he/she loses membership of Legislature Parliament
• (c)
  If a motion against his/her conduct is passed by at least two third majority of the Legislature Parliament
• (d)
  If he/she dies

Provided that, laws inconsistent with this Constitution shall, to the extent of inconsistency, ipso facto, cease to operate, one year after first session of federal legislature, in accordance with this constitution.

Until the first session has started after conducting election of the Federal Parliament in accordance with this constitution, if any difficulty arises in connection with the implementation of this Constitution, the President, on the recommendation of the Council of Ministers, Government of Nepal, may issue necessary orders to remove such difficulties. Such orders shall be required to be presented immediately to the meeting of the Legislature-Parliament or Federal Parliament for endorsement.

• (a)
  “Minority” means those caste, language, and religious communities, whose population is less than that determined by the law, and who has their own specialties, and who aim to protect them; it also signifies those groups who have faced discrimination and harassed.
• (b)
  "Law" means a Federal law, provincial law, and local law.
• (c)
  “Article" means an Article of this Constitution.
• (d)
  “Municipality” means metropolitan and sub metropolitan city as well.
• (e)
  “Citizen” means citizen of Nepal.
• (f)
  “Province” means the area and structure of the federal unit carved in accordance with this Constitution.
• (g)
  “Remuneration” means and includes salary, allowances, pension and any other forms of emoluments.
• (h)
  “State power” means powers of the Executive, the Legislative and the Judiciary.
• (i)
  “Bill” means a draft of a Constitution or an Act which has been introduced in the federal legislature or a Provincial Assembly.
• (j)
  “Federation” means the federal structure that is the apex body of the federal system.
• (k)
  “Federal Unit” means federation, provincial or local level
• (l)
  “Constitutional body” means Commission for Investigation of Abuse of Authority, Auditor General, Public Service Commission, Election Commission, National Human Rights Commission, National Natural Recourses and Finance Commission, National Women Commission, National Dalit Commission, National Inclusion Commission, Adibasi Janajati Commission, Madheshi Commission, Tharu Commission and Muslim Commission established in accordance with this Constitution.
• (m)
  “Marginalized” means those who have been forced to fall backward politically, economically and socially, those who have been unable to avail services because of discrimination and harassment, and because of geographical disconnection, and those communities whose standard of living has been below the legal standard as specified in the Human Development indicators. It also signifies the ultra-marginalized and communities on verge of extinction.
• (n)
  “Local level” means village council, municipal council and district assembly to be formed in accordance with this Constitution.

The Interim Constitution of Nepal 2007 is hereby repealed.