Posted by: dimag kharab April 11, 2011
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PART 5
EXECUTIVE
37. Executive Power: 1) The executive power of Nepal shall, pursuant to this Constitution and other laws, be vested in the Council of Ministers.
(2) The responsibility of issuing general directives, controlling and regulating the administration of Nepal shall, subject to this Constitution and other laws, lie in the Council of Ministers.
(3)The executive functions of Nepal shall be taken in the name of the Government of Nepal.
(4)Any decision, order or implementation warrant to be issued in the name of the Government of Nepal, pursuant to clause (3) above, shall be authenticated as prescribed by law.
38. Constitution of Council of Ministers: (1) The Prime Minister and the Council of Ministers under the chairpersonship of the Prime Minister shall be constituted by political consensus.
Explanation: For the purpose of this Constitution "political consensus" means the political consensus reached between the seven parties- Nepali Congress, NCPN(UML), Nepali Congress (Democratic), Janamorcha Nepal, Nepal Sadbhawana Party (Anandidevi), Nepal Majdur Kisan Party, Samyukta Bam Morcha Nepal and NCP(Maoist) on 22 Kartik 2063 (November 8, 2006).
(2) If consensus cannot be reached pursuant to clause (1), the Prime Minister shall be elected by a majority of two-thirds of the members of the Legislature –Parliament.
(3)The structure and the allocation of business of the Interim Council of Ministers shall be determined by mutual understanding.
(4)The Council of Ministers shall consist of Deputy Prime Minister and other Ministers as may be required.
Explanation: For the purpose of this Article the word 'Minister' shall also mean the Minister of State who takes independent responsibility of a Ministry.
(5) While appointing Ministers, the Prime Minister shall appoint them, on the recommendation of the concerned political party, from amongst the members of the Legislature-Parliament.
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(6) The Prime Minister and other Ministers shall be collectively responsible to the Legislature-Parliament, and the Ministers shall be individually responsible to the work of their respective Ministries to the Prime Minister and the Legislature-Parliament.
(7) The Prime Minister shall be relieved from his/her office in the following circumstances:
a) If a written resignation is submitted to the Speaker of the Legislature Parliament,
b) If he/she ceases to be a member of the Legislature- Parliament; or
c) If he/she dies.
(8) The Deputy Prime Minister, Minister, State Minister and Assistant Minister shall be relieved from their respective offices in the following circumstances:
(a) If a written resignation is submitted to the Prime Minister,
(b) If the Prime Minister is relieved from his/her office pursuant to clause (7) above,
(c) If he/she is relieved of his/her office by the Prime Minister upon the recommendation of or consultation with the concerned party, or
(d) If he/she dies.
(9) If the Prime Minister is relieved from his/her office pursuant to clause (7) above, the existing Council of Ministers shall continue to function until a new Council of Ministers is constituted.
(10) In the case of the death of the Prime Minister, Deputy Prime Minister or the senior-most Minister shall act as the Prime Minister until a new Prime Minister is selected.
39. State Ministers and Assistant Ministers: (1) The Prime Minister may, on the recommendation of the concerned political party, appoint the Minister of State from amongst the members of Legislature-Parliament.
(2)The Prime Minister may, on the recommendation of the concerned political party, appoint Assistant Ministers from amongst the members of Legislature-Parliament to assist any Minister in carrying out his/her responsibility.
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40. Appointment of Non-Member of Legislature-Parliament as Minister: Notwithstanding anything contained in Articles 37 and 38, the Prime Minister may appoint any person, who is not a member of Legislature- Parliament, as Deputy Prime Minister, Minister, State Minister or Assistant-Minister.
41. Remuneration and Other Privileges: The remuneration and other privileges of the Prime Minister, Deputy Prime Minister, Ministers, State Ministers and Assistant Ministers shall be as determined by an Act. Until so determined, it shall be as specified by the Government of Nepal.
42. Oath: The Prime Minister shall take his/her oath of office and secrecy before the Legislature-Parliament, and the Deputy Prime Minister, Ministers, State Ministers and Assistant Ministers shall take their oath of office and secrecy before the Prime Minister.
43. Conduct of the Business of the Government of Nepal: (1) The conduct of business of the Government of Nepal shall be carried out inconsistence to the aspiration of the united people's movement, political consensus and culture of collation.
(2) The allocation and transaction of business of the Government of Nepal shall be carried out as set forth in rules approved by the Government of Nepal.
(3)No question shall be raised in any court as to whether or not rules pursuant to clause (2) above have been observed.
44 The Council of Ministers after the Constitution of Constituent Assembly: After the constitution of the Constituent Assembly, exercise of the Executive Power, constitution of the Council of Ministers and other matters related thereto shall, mutatis mutandis, be under the provisions referred to in this Part.
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PART 6
LEGISLATURE-PARLIAMENT
45. Constitution of Legislature-Parliament: (1) There shall be a unicameral Legislature-Parliament in Nepal which shall consist of the following 330 members:
(a) 209 members of the seven political parties and other parties who are elected members of the House of Representatives and National Assembly existing immediate before the commencement of this Constitution,
Explanation: The phrase "Seven Political Parties" means Nepali Congress, NCP(UML), Nepali Congress (Democratic), Janamorcha Nepal, Nepal Sadbhawana (Anadidevi), Nepal Majdur Kisan Party and Samyukta Bam Morcha (United Left Front), which maintained political understanding on Kartik 22, 2063 (November 8, 2006),
(b) (c)
73 members from and on behalf of NCP(Maoist) ,
48 members from among the Samyukta Bam Morcha, people based and professional organizations, class organizations and professional bodies, oppressed tribe, backward region, indigenous tribe, women and various political personalities nominated through understanding.
(2) Notwithstanding anything contained in clause (1) above, persons who were against the people's movement shall not be in the Legislature-Parliament.
(3) Legislature-Parliament shall be conducted on the basis of the political understanding.
(4) The term of the Legislature-Parliament shall be expired after the first meeting of the Constituent Assembly is held.
(5) If any seat of a member of the Legislature-Parliament falls vacant, by any reasons, the vacancy shall be filled up by nomination from the same political party or group through which the member was representing, for the remaining period.
46. Qualifications for Membership: In order to become a member of the Legislature-Parliament, any person:
a) must be a citizen of Nepal , b) must have attained at least twenty five years of age,
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c) Should be committed towards the spirit of the peoples’ movement,
d) Should not hold an office of profit.
Explanation: For the purpose of this sub-clause (d), "office of profit" means any position, other than a political position, to be filled up by election or nomination for which a remuneration or economic benefit is paid out of a Government Fund.
47. Decision as to Disqualifications of Members: If a question arises as to whether a member of Legislature-Parliament is disqualified or has ceased to possess any of the qualifications set forth in Article 46, the final decision shall be made by the Legislature-Parliament.
48. Vacation of seat: The seat of a member of the Legislature-Parliament shall become vacant in the following circumstances:
a) If he/she resigns in writing,
b) If he/she does not possess the qualifications referred to in Article 46,
c) If the party concerned of which he/she was represented provides notification that he/she is no more in the party,
d) If the tenure of the Legislature-Parliament expires, or
e) If he/she dies.
49. Oath: Each members of Legislature-Parliament shall, before taking part for the first time in the Legislature-Parliament meeting, take an oath in the specified form.
50. Speaker and Deputy Speaker of the Legislature-Parliament: (1) The Legislature-Parliament shall elect a Speaker and a Deputy Speaker from among its members on political consensus. If an consensus cannot be reached, a majority of two-thirds of its total members shall elect them. If the office of the Speaker and Deputy Speaker falls vacant, the Legislature- Parliament shall fill up the vacancy through election from among its members.
(2) The Speaker and Deputy Speaker of the Legislature- Parliament shall not be the members of the same political party.
(3) In the absence of the Speaker of the Legislature-Parliament, the Deputy Speaker shall chair the meeting of the Legislature-Parliament.
(4) If the election of the Speaker and Deputy Speaker has not taken place, or if both the positions become vacant, the member who is
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the senior most by age amongst the members presented, shall preside over the meeting of the Legislature-Parliament.
(5) The office of the Speaker and Deputy Speaker shall become vacant in the following circumstances:
(a)if he or she ceases to be a member of the Legislature- Parliament,
(b) if he or she submits a written resignation,
(c) if a resolution is adopted, by a majority of two thirds of the total number of members existing for the time being in the Legislature-Parliament, to the effect that his or her conduct is not compatible with his or her position,
(6) The Deputy Speaker shall preside over the meeting at which deliberations are to be held on a resolution that the conduct of the Speaker is not compatible with his or her position. The Speaker shall be entitled to take part and vote in the deliberations on such a resolution.
51. Summoning and Prorogation of Session: 1) The Prime Minister shall for the first time, and thereafter the Legislature-Parliament shall summon the session of the Legislature-Parliament from time to time.
2) The Prime Minister shall, in consultation with the Speaker, prorogue the session of the Legislature-Parliament.
52. Address by the Prime Minister: The Prime Minister shall address the session of the Legislature-Parliament presenting the annual policy and programmes of the Government.
53. Quorum: Except as otherwise provided for in this Constitution, no proposal or resolution shall be presented for decision in any meetings of the Legislature-Parliament unless one fourth of the total number of members are present.
54. Transaction of Business of the Meeting in case of vacancy of Members: (1) The Legislature-Parliament shall have the power to act notwithstanding any vacancies in the seats of its members, and no proceedings shall become invalid even if it is subsequently discovered that a person not entitled to take part in the proceedings of the Legislature-Parliament had participated therein.
(2) A Minister, Minister of State or Assistant Minister who is not the member of Legislature-Parliament shall be entitled to attend the meeting of Legislature-Parliament or any of its Committee.
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Provided that they shall not have the voting power.
55. Voting: Except as otherwise provided for in this Constitution, all questions submitted for decision in the Legislature-Parliament shall be decided by a majority vote of the members present and voting. Normally, the presiding member shall not have the right to vote.
Provided that he or she may exercise the casting vote in case of tie.
56. Privileges: (1) There shall be full freedom of speech in the meeting of the Legislature-Parliament and no member shall be arrested, detained or prosecuted in any court for anything expressed or for any vote cast in that meeting.
(2) The Legislature-Parliament shall have full power to regulate its business, and it shall be the exclusive right to decide whether or not any proceeding of the Legislature-Parliament is regular. No question shall be raised in any court in this regard.
(3) No comment shall be made about the good faith regarding any proceedings of the Legislature-Parliament and no publication and broadcasting of any kind shall be made about anything said by any member which intentionally distorts or misinterprets the meaning of the speech.
(4) No proceedings shall be initiated in any court against any person for publication of any document, report, vote or proceeding which is made under authority given by the Legislature-Parliament.
Explanation: For the purposes of clauses (1), (2), (3) and (4), the word "Legislature-Parliament” shall mean the Legislature-Parliament and any of its committee.
(5) No member of Legislature-Parliament shall be arrested during the session of the Legislature-Parliament.
Provided that nothing in this clause shall be deemed to prevent the arrest under any law of any member on a criminal charge. If any member is so arrested, the authority making such arrest shall forthwith inform the person chairing the Legislature-Parliament.
(6) Any breach of privilege provided for in this Article shall be deemed to constitute contempt of the Legislature-Parliament and the Legislature-Parliament shall have the exclusive right to decide whether or not any breach of privilege of legislature has taken place.
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(7) If a person is in contempt of the Legislature-Parliament, the person who is chairing the meeting to that effect may, after a decision by the meeting, admonish, warn or impose a sentence of imprisonment not exceeding three months or impose a fine of up to ten thousand rupees on such a person. If the fine is not paid by such a person, it shall be recovered as government dues.
Provided that if such a person submits an apology to the satisfaction of the Legislature-Parliament, it may either pardon him/her or remit or commute the sentence imposed on him/her.
(8) Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.
57. Procedure Relating to the Conduct of Business: The Legislature- Parliament shall, subject to provisions of this Constitution, conduct its business on the basis of political consensus, and shall frame rules for maintaining order during its meetings and regulating the constitution, functions and procedures and for any other matters of the committees of the Legislature-Parliament. Until such time as rules are framed, the Legislature-Parliament shall establish its own rules of procedures.
58. Committee: There shall be required numbers of committees and sub- committees in the Legislature-Parliament as provided for in its rules.
59. Constituent Assembly to Exercise the Power of the Legislature- Parliament: After the termination of tenure of the Legislature-Parliament pursuant to clause (4) of Article 44 the power of the Legislature- Parliament under this Constitution shall be exercised by the Constituent Assembly.
60. Restriction on discussion: (1) No discussion shall be held in the Legislature-Parliament on a matter which is under consideration in any court of Nepal, and about anything done by a Judge in course of performance of his or her judicial duties.
Provided that nothing in this Article shall be deemed to hinder the expression of opinion about the conduct of a Judge during deliberations on an impeachment motion.
(2) The provision made pursuant to clause (1) above, shall also be applicable to the Constituent Assembly.
61. Secretariat of Legislature-Parliament: (1) There shall be a secretariat to conduct and manage the business of the Legislature-Parliament. The
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establishment of such a Secretariat and other matters related thereto shall be as determined by law.
The Government of Nepal shall make available the necessary personnel required to conduct and manage the business of the Legislature- Parliament.
62. Remuneration: The remuneration and facilities of the Speaker, Deputy Speaker, Member and Chairpersons of the Committees of the Legislature- Parliament shall be as provided for in law, and until so determined, it shall be as determined by the Government of Nepal.
EXECUTIVE
37. Executive Power: 1) The executive power of Nepal shall, pursuant to this Constitution and other laws, be vested in the Council of Ministers.
(2) The responsibility of issuing general directives, controlling and regulating the administration of Nepal shall, subject to this Constitution and other laws, lie in the Council of Ministers.
(3)The executive functions of Nepal shall be taken in the name of the Government of Nepal.
(4)Any decision, order or implementation warrant to be issued in the name of the Government of Nepal, pursuant to clause (3) above, shall be authenticated as prescribed by law.
38. Constitution of Council of Ministers: (1) The Prime Minister and the Council of Ministers under the chairpersonship of the Prime Minister shall be constituted by political consensus.
Explanation: For the purpose of this Constitution "political consensus" means the political consensus reached between the seven parties- Nepali Congress, NCPN(UML), Nepali Congress (Democratic), Janamorcha Nepal, Nepal Sadbhawana Party (Anandidevi), Nepal Majdur Kisan Party, Samyukta Bam Morcha Nepal and NCP(Maoist) on 22 Kartik 2063 (November 8, 2006).
(2) If consensus cannot be reached pursuant to clause (1), the Prime Minister shall be elected by a majority of two-thirds of the members of the Legislature –Parliament.
(3)The structure and the allocation of business of the Interim Council of Ministers shall be determined by mutual understanding.
(4)The Council of Ministers shall consist of Deputy Prime Minister and other Ministers as may be required.
Explanation: For the purpose of this Article the word 'Minister' shall also mean the Minister of State who takes independent responsibility of a Ministry.
(5) While appointing Ministers, the Prime Minister shall appoint them, on the recommendation of the concerned political party, from amongst the members of the Legislature-Parliament.
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(6) The Prime Minister and other Ministers shall be collectively responsible to the Legislature-Parliament, and the Ministers shall be individually responsible to the work of their respective Ministries to the Prime Minister and the Legislature-Parliament.
(7) The Prime Minister shall be relieved from his/her office in the following circumstances:
a) If a written resignation is submitted to the Speaker of the Legislature Parliament,
b) If he/she ceases to be a member of the Legislature- Parliament; or
c) If he/she dies.
(8) The Deputy Prime Minister, Minister, State Minister and Assistant Minister shall be relieved from their respective offices in the following circumstances:
(a) If a written resignation is submitted to the Prime Minister,
(b) If the Prime Minister is relieved from his/her office pursuant to clause (7) above,
(c) If he/she is relieved of his/her office by the Prime Minister upon the recommendation of or consultation with the concerned party, or
(d) If he/she dies.
(9) If the Prime Minister is relieved from his/her office pursuant to clause (7) above, the existing Council of Ministers shall continue to function until a new Council of Ministers is constituted.
(10) In the case of the death of the Prime Minister, Deputy Prime Minister or the senior-most Minister shall act as the Prime Minister until a new Prime Minister is selected.
39. State Ministers and Assistant Ministers: (1) The Prime Minister may, on the recommendation of the concerned political party, appoint the Minister of State from amongst the members of Legislature-Parliament.
(2)The Prime Minister may, on the recommendation of the concerned political party, appoint Assistant Ministers from amongst the members of Legislature-Parliament to assist any Minister in carrying out his/her responsibility.
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40. Appointment of Non-Member of Legislature-Parliament as Minister: Notwithstanding anything contained in Articles 37 and 38, the Prime Minister may appoint any person, who is not a member of Legislature- Parliament, as Deputy Prime Minister, Minister, State Minister or Assistant-Minister.
41. Remuneration and Other Privileges: The remuneration and other privileges of the Prime Minister, Deputy Prime Minister, Ministers, State Ministers and Assistant Ministers shall be as determined by an Act. Until so determined, it shall be as specified by the Government of Nepal.
42. Oath: The Prime Minister shall take his/her oath of office and secrecy before the Legislature-Parliament, and the Deputy Prime Minister, Ministers, State Ministers and Assistant Ministers shall take their oath of office and secrecy before the Prime Minister.
43. Conduct of the Business of the Government of Nepal: (1) The conduct of business of the Government of Nepal shall be carried out inconsistence to the aspiration of the united people's movement, political consensus and culture of collation.
(2) The allocation and transaction of business of the Government of Nepal shall be carried out as set forth in rules approved by the Government of Nepal.
(3)No question shall be raised in any court as to whether or not rules pursuant to clause (2) above have been observed.
44 The Council of Ministers after the Constitution of Constituent Assembly: After the constitution of the Constituent Assembly, exercise of the Executive Power, constitution of the Council of Ministers and other matters related thereto shall, mutatis mutandis, be under the provisions referred to in this Part.
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PART 6
LEGISLATURE-PARLIAMENT
45. Constitution of Legislature-Parliament: (1) There shall be a unicameral Legislature-Parliament in Nepal which shall consist of the following 330 members:
(a) 209 members of the seven political parties and other parties who are elected members of the House of Representatives and National Assembly existing immediate before the commencement of this Constitution,
Explanation: The phrase "Seven Political Parties" means Nepali Congress, NCP(UML), Nepali Congress (Democratic), Janamorcha Nepal, Nepal Sadbhawana (Anadidevi), Nepal Majdur Kisan Party and Samyukta Bam Morcha (United Left Front), which maintained political understanding on Kartik 22, 2063 (November 8, 2006),
(b) (c)
73 members from and on behalf of NCP(Maoist) ,
48 members from among the Samyukta Bam Morcha, people based and professional organizations, class organizations and professional bodies, oppressed tribe, backward region, indigenous tribe, women and various political personalities nominated through understanding.
(2) Notwithstanding anything contained in clause (1) above, persons who were against the people's movement shall not be in the Legislature-Parliament.
(3) Legislature-Parliament shall be conducted on the basis of the political understanding.
(4) The term of the Legislature-Parliament shall be expired after the first meeting of the Constituent Assembly is held.
(5) If any seat of a member of the Legislature-Parliament falls vacant, by any reasons, the vacancy shall be filled up by nomination from the same political party or group through which the member was representing, for the remaining period.
46. Qualifications for Membership: In order to become a member of the Legislature-Parliament, any person:
a) must be a citizen of Nepal , b) must have attained at least twenty five years of age,
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c) Should be committed towards the spirit of the peoples’ movement,
d) Should not hold an office of profit.
Explanation: For the purpose of this sub-clause (d), "office of profit" means any position, other than a political position, to be filled up by election or nomination for which a remuneration or economic benefit is paid out of a Government Fund.
47. Decision as to Disqualifications of Members: If a question arises as to whether a member of Legislature-Parliament is disqualified or has ceased to possess any of the qualifications set forth in Article 46, the final decision shall be made by the Legislature-Parliament.
48. Vacation of seat: The seat of a member of the Legislature-Parliament shall become vacant in the following circumstances:
a) If he/she resigns in writing,
b) If he/she does not possess the qualifications referred to in Article 46,
c) If the party concerned of which he/she was represented provides notification that he/she is no more in the party,
d) If the tenure of the Legislature-Parliament expires, or
e) If he/she dies.
49. Oath: Each members of Legislature-Parliament shall, before taking part for the first time in the Legislature-Parliament meeting, take an oath in the specified form.
50. Speaker and Deputy Speaker of the Legislature-Parliament: (1) The Legislature-Parliament shall elect a Speaker and a Deputy Speaker from among its members on political consensus. If an consensus cannot be reached, a majority of two-thirds of its total members shall elect them. If the office of the Speaker and Deputy Speaker falls vacant, the Legislature- Parliament shall fill up the vacancy through election from among its members.
(2) The Speaker and Deputy Speaker of the Legislature- Parliament shall not be the members of the same political party.
(3) In the absence of the Speaker of the Legislature-Parliament, the Deputy Speaker shall chair the meeting of the Legislature-Parliament.
(4) If the election of the Speaker and Deputy Speaker has not taken place, or if both the positions become vacant, the member who is
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the senior most by age amongst the members presented, shall preside over the meeting of the Legislature-Parliament.
(5) The office of the Speaker and Deputy Speaker shall become vacant in the following circumstances:
(a)if he or she ceases to be a member of the Legislature- Parliament,
(b) if he or she submits a written resignation,
(c) if a resolution is adopted, by a majority of two thirds of the total number of members existing for the time being in the Legislature-Parliament, to the effect that his or her conduct is not compatible with his or her position,
(6) The Deputy Speaker shall preside over the meeting at which deliberations are to be held on a resolution that the conduct of the Speaker is not compatible with his or her position. The Speaker shall be entitled to take part and vote in the deliberations on such a resolution.
51. Summoning and Prorogation of Session: 1) The Prime Minister shall for the first time, and thereafter the Legislature-Parliament shall summon the session of the Legislature-Parliament from time to time.
2) The Prime Minister shall, in consultation with the Speaker, prorogue the session of the Legislature-Parliament.
52. Address by the Prime Minister: The Prime Minister shall address the session of the Legislature-Parliament presenting the annual policy and programmes of the Government.
53. Quorum: Except as otherwise provided for in this Constitution, no proposal or resolution shall be presented for decision in any meetings of the Legislature-Parliament unless one fourth of the total number of members are present.
54. Transaction of Business of the Meeting in case of vacancy of Members: (1) The Legislature-Parliament shall have the power to act notwithstanding any vacancies in the seats of its members, and no proceedings shall become invalid even if it is subsequently discovered that a person not entitled to take part in the proceedings of the Legislature-Parliament had participated therein.
(2) A Minister, Minister of State or Assistant Minister who is not the member of Legislature-Parliament shall be entitled to attend the meeting of Legislature-Parliament or any of its Committee.
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Provided that they shall not have the voting power.
55. Voting: Except as otherwise provided for in this Constitution, all questions submitted for decision in the Legislature-Parliament shall be decided by a majority vote of the members present and voting. Normally, the presiding member shall not have the right to vote.
Provided that he or she may exercise the casting vote in case of tie.
56. Privileges: (1) There shall be full freedom of speech in the meeting of the Legislature-Parliament and no member shall be arrested, detained or prosecuted in any court for anything expressed or for any vote cast in that meeting.
(2) The Legislature-Parliament shall have full power to regulate its business, and it shall be the exclusive right to decide whether or not any proceeding of the Legislature-Parliament is regular. No question shall be raised in any court in this regard.
(3) No comment shall be made about the good faith regarding any proceedings of the Legislature-Parliament and no publication and broadcasting of any kind shall be made about anything said by any member which intentionally distorts or misinterprets the meaning of the speech.
(4) No proceedings shall be initiated in any court against any person for publication of any document, report, vote or proceeding which is made under authority given by the Legislature-Parliament.
Explanation: For the purposes of clauses (1), (2), (3) and (4), the word "Legislature-Parliament” shall mean the Legislature-Parliament and any of its committee.
(5) No member of Legislature-Parliament shall be arrested during the session of the Legislature-Parliament.
Provided that nothing in this clause shall be deemed to prevent the arrest under any law of any member on a criminal charge. If any member is so arrested, the authority making such arrest shall forthwith inform the person chairing the Legislature-Parliament.
(6) Any breach of privilege provided for in this Article shall be deemed to constitute contempt of the Legislature-Parliament and the Legislature-Parliament shall have the exclusive right to decide whether or not any breach of privilege of legislature has taken place.
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(7) If a person is in contempt of the Legislature-Parliament, the person who is chairing the meeting to that effect may, after a decision by the meeting, admonish, warn or impose a sentence of imprisonment not exceeding three months or impose a fine of up to ten thousand rupees on such a person. If the fine is not paid by such a person, it shall be recovered as government dues.
Provided that if such a person submits an apology to the satisfaction of the Legislature-Parliament, it may either pardon him/her or remit or commute the sentence imposed on him/her.
(8) Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.
57. Procedure Relating to the Conduct of Business: The Legislature- Parliament shall, subject to provisions of this Constitution, conduct its business on the basis of political consensus, and shall frame rules for maintaining order during its meetings and regulating the constitution, functions and procedures and for any other matters of the committees of the Legislature-Parliament. Until such time as rules are framed, the Legislature-Parliament shall establish its own rules of procedures.
58. Committee: There shall be required numbers of committees and sub- committees in the Legislature-Parliament as provided for in its rules.
59. Constituent Assembly to Exercise the Power of the Legislature- Parliament: After the termination of tenure of the Legislature-Parliament pursuant to clause (4) of Article 44 the power of the Legislature- Parliament under this Constitution shall be exercised by the Constituent Assembly.
60. Restriction on discussion: (1) No discussion shall be held in the Legislature-Parliament on a matter which is under consideration in any court of Nepal, and about anything done by a Judge in course of performance of his or her judicial duties.
Provided that nothing in this Article shall be deemed to hinder the expression of opinion about the conduct of a Judge during deliberations on an impeachment motion.
(2) The provision made pursuant to clause (1) above, shall also be applicable to the Constituent Assembly.
61. Secretariat of Legislature-Parliament: (1) There shall be a secretariat to conduct and manage the business of the Legislature-Parliament. The
26
establishment of such a Secretariat and other matters related thereto shall be as determined by law.
The Government of Nepal shall make available the necessary personnel required to conduct and manage the business of the Legislature- Parliament.
62. Remuneration: The remuneration and facilities of the Speaker, Deputy Speaker, Member and Chairpersons of the Committees of the Legislature- Parliament shall be as provided for in law, and until so determined, it shall be as determined by the Government of Nepal.