Posted by: dimag kharab April 11, 2011
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PART 18
POLITICAL PARTIES
141. Prohibition on the Imposition of Restrictions on Political Parties: (1) Persons who are committed to common political ideology, philosophy and programme shall, subject to the laws made under proviso (3) of clause (3) of Article 12 of this Constitution, be entitled to form and operate political parties of their choice and to generate or cause to be generated publicity in order to secure public support and cooperation from the general public for their ideology, philosophy and programmes, and to carry out any other activities for that purpose. Any law, arrangement or decision which restricts any such activities shall be considered inconsistent with this Constitution and shall ipso facto be void.
(2) Any law, arrangement or decision which allows for participation or involvement of only a single political party or persons having a single political ideology, philosophy or program in the elections, political system of the country or conduct of State Affairs shall be considered inconsistent with this Constitution and shall ipso facto be void.
(3) Political Parties with the objectives contrary to the spirit and norms of the preamble of this constitution shall not be considered qualified for the party registration.
142. Registration Required for Securing Recognition for the Purpose of Contesting Elections as a Political Party: (1) Any political party wishing to secure recognition from the Election Commission for the purposes of elections shall be required to register its name with the Election Commission as per the procedure determined by the Commission. The name of the political parties failing to register their names shall be removed from the list of the Election Commission.
(2) While applying for the registration pursuant to clause (1) above, a political party shall, along with its constitution, manifesto and the rules, have to clarify the following details, in addition to other matters:-
(a) the name of the political party and address of its central office,
(b) the names and addresses of the members of its Executive Committee or any such other similar committee,
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(c) the income source of the proposed political party and the details of such sources.
(3) Political parties shall have to fulfill the following conditions while filing an application pursuant to clause (1) above: -
(a) the constitution and the rules of the political party must be democratic,
(b)the constitution or the rules of the political party must provide for election of office bearers of the parity in all levels at least once in every five years,
(c) in the executive committee of all levels, there should be the provision for the inclusiveness of members from neglected and suppressed regions including the Women and Dalits,
(d) in the constitution of the party there should be an effective system of making the members of the party disciplined.
(4) The Election Commission shall not register any political party if any Nepali citizen is discriminated against becoming a member of the political party on the basis of religion, caste, tribe, language or sex or if the name, objectives, insignia or flag of such political parties is of a nature that it would disturb the religious or communal harmony or of the nature to divide the country, or such party constitution or rules are for purposes of protecting and promoting a party-less or single party system of governance.
(5) For the purpose of the registration of a party for election, an application with a signature of at least ten thousand voting supporters shall be deemed necessary.
Provided that in the case of the parties representing in the Interim Legislature-Parliament, this provision shall not be applicable.
(6) The establishment, registration, recognition and other matters, except those stated in this Part, shall be as provided for in the law.
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PART 19
EMERGENCY POWER
143 Emergency Power: (1) If a grave crisis arises in regard to the sovereignty or integrity of Nepal or the security of any part thereof, whether by war, external invasion, armed rebellion or extreme economic disarray, the Council of Minister of the Government of Nepal may, by Proclamation, declare or Order a state of emergency to be enforced in any specified part or the whole of Nepal.
(2) The Proclamation or the Order issued under clause (1) above shall be laid before the meeting of the Legislature-Parliament for approval within a month from the date of its issuance.
(3) If a Proclamation or Order laid for approval pursuant to clause (2) above is approved by a two-third majority of the Legislature- Parliament present at the meeting such proclamation or order shall continue in force for three months from the date of its issuance.
(4) If the Proclamation or the Order laid before the meeting of the Legislature-Parliament pursuant to clause (2) above is not approved pursuant to clause (3), the Proclamation or the Order shall be deemed, ipso-facto to cease to operate.
(5) Before the expiration of the period referred to in clause (3) above, if a meeting of the Legislature-Parliament, by a majority of two- thirds of the members present, passes a resolution to the effect that circumstances referred to in clause (1) above continue to exist, it may extend the period of the Proclamation or Order of State Emergency for another one period, not exceeding three months as specified in such resolution.
(6) After a state of Emergency has been declared pursuant to clause (1) above, the Council of Ministers of the Government of Nepal may issue necessary orders to meet the exigencies. The Orders so issued shall be operative with the same force and effect as law so long as the State of Emergency is in operation.
(7) During the time of the Proclamation or Order of the State of Emergency made by the Council of Ministers of the Government of
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Nepal, pursuant to clause (1), the fundamental rights provided in Part 3 may be suspended so long as the Proclamation or Order is in operation.
Provided that Articles 13, 14, 16, 17, 18, 20, 21, 22, 23, 26, 29, 30 and 31, and the rights to constitutional remedy and habeas corpus relating to such Articles shall not be suspended.
(8) In circumstances where any Article of this Constitution is suspended pursuant to clause (7) above, no petition may be made in any court of law, nor any question be raised for the enforcement of the fundamental rights conferred by such Article.
(9) If, during the continuance of a Proclamation or Order pursuant to clause (1), any damage is inflicted upon any person by an act of any official done in contravention of law or in bad faith, the affected person may, within three months from the date of termination of the Proclamation or Order, file a petition for compensation for the said damage, and if the court finds the claim valid, it shall cause the compensation to be delivered.
(10) The Council of Ministers of the Government of Nepal may, at any time during its continuance, revoke the Proclamation or Order relating to the State of Emergency pursuant to clause (1) above.
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PART 20
PROVISION REGARDING THE ARMY
144. Formation of Nepal Army: (1) There shall be a Nepal Army in Nepal as an institution.
(2) The Council of Ministers shall appoint the Commander-in-Chief of the Nepal Army.
(3) The Council of Ministers shall control, mobilize and manage the Nepal Army in accordance with the law. The Council of Ministers shall, with the consent of the political parties and by seeking the advice of the concerned committee of the Legislature-Parliament, formulate an extensive work plan for the democratization of the Nepal Army and implement it.
(4) In the case of formulating and implementing the action plan pursuant to clause (3) above, determination of the appropriate number of Nepal Army, its democratic structure and national and inclusive character shall be developed, and training shall be imparted to the army in accordance with the norms and values of democracy and human rights.
(5) The other matters pertaining to the Nepal Army shall be as provided for in the law.
145. National Defense Council: (1) There shall be a National Defense Council in order to recommend the Council of Ministers for mobilization, operation and use of the Nepal Army Consisting with the following chairman and members:-
(a) Prime Minister (b) Defense Minister (c) Home Minister (d) Three ministers nominated by the Prime Minister
Chairman Member Member Members
(2) In case the Prime Minister and the Defense Minister would be the same person, the senior most member of the Council of Ministers shall be the member of the National Defense Council.
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(3) If the National Defense Council deems necessary, it may invite other persons at the meeting of the Council.
(4) The Secretary of the Ministry of Defense shall work as the Secretary of the National Defense Council, and, in his/her absence, the officer designated by the Prime Minister shall carry out such work.
(5) Except in the case of mobilization of Nepal Army for the reason of natural calamities, the decision made by the Council of Ministers of the Government of Nepal for the mobilization of the army shall have to be presented to the special committee prescribed by the Legislature- Parliament within a month of the decision, and be approved accordingly.
(6) The National Defiance Council may regulate its working procedures on its own.
146. Interim Provision for the Combatants: The Council of Minister shall form a special committee to supervise, integrate and rehabilitate the combatants of the Maoist Army, and the functions, duties and powers of the committee shall be as determined by the Council of Ministers.
147. Management and Monitoring: The other arrangements pertaining to the management and monitoring of the army and its arsenal shall be done in accordance with the "Comprehensive Peace Accords" (Bishtrit Shanti Samjhauta) concluded between the Government of Nepal and Nepal Communist Party (Maoist) on 5 Mangsir 2063 (November 21, 2006) and the agreement regarding the ‘Monitoring of Arms and Army Management' reached on 22 Mangsir 2006 (December 8, 2006).
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PART 21
AMENDMENT OF CONSTITUTION
148. Amendment of the Constitution: (1) A Bill regarding the amendment or repeal of any Article of the Constitution may be presented at the Legislature-Parliament
(2) The Bill shall be deemed to be passed in the case the Bill so presented at the Legislature-Parliament is approved by at least two-thirds
majority of the total number of being.
members present therein for the time
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PART 22
MISCELLANEOUS
149. Constitutional Council: (1) There shall be a Constitutional Council for making recommendations in accordance with this Constitution for appointment of officials to Constitutional Bodies, which shall consist of the following chairman and members:
(a) Prime Minister (b) Chief Justice (c) Speaker of the legislature-Parliament (d) Three ministers designated by the Prime Minister
Chairman Member Member Members
(2) When the position of the Chief Justice falls vacant and a recommendation has to be made for the same, the Minister for Justice shall be in the Constitutional Council as a member.
(3) The procedures regarding the appointment of the officials of the Constitutional Bodies, and the functions, duties, powers and working procedures of the Constitutional Council shall be as determined by the law.
(4) The Chief Secretary of the Government of Nepal shall work as the Secretary of the Constitutional Council.
150. Nepalese Ambassador and Emissaries: The Council of Minister may appoint the Nepalese Ambassadors and other special emissaries for specified purposes.
151. Pardon: The Council of Ministers may grant pardons, and to suspend, commute or remit any sentence passed by any court, special court, military court or by any other judicial or quasi-judicial, or administrative authority or institution.
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152. Titles, Honors, and Decorations: (1) The titles, honours or decorations to be conferred on behalf of the State shall be conferred by the Prime Minister.
(2) No citizen of Nepal shall, without the approval of the Government of Nepal, accept any title, honour or decoration from the government of any foreign country.
153. Constitution of the Government Service: The Government of Nepal may, in order to run the administration of the country, constitute civil services and other government services as required. The constitution, operation, and terms and conditions for such services shall be as determined by an Act.
154. Formation of Commissions: The Government of Nepal may form necessary commissions to safeguard and promote the rights and interests of different sectors of the country including women, Daltis, indigenous ethnic groups, Madhesi, disabled, labourers or farmers. The provisions for the formation, functions, duties and powers of such commissions shall be as determined by the law.
155. Hearing for the Officials of Constitutional Bodies and Provisions Regarding Citizenship: (1) There shall be a parliamentary hearing prior to the appointment of officials to the Constitutional Bodies under this Constitution, in accordance with the provisions of law.
(2) In order to be eligible for appointment to constitutional positions under this Constitution, one must be a citizen of Nepal either by descent or birth or as a naturalized citizen and has lived in Nepal at least for ten years.
156. Ratification of, Accession to, Acceptance of or Approval of Treaty or Agreements: (1) The ratification of , accession to, acceptance of or approval of treaties or agreements to which the State of Nepal or the Government of Nepal is to become a party shall be as determined by the law.
(2) The laws to be made pursuant to clause (1) shall, inter alia, require that the ratification of, accession to, acceptance of or approval of treaty or agreements on the following subjects be done by a two-thirds
83
majority of the total number of members of the Legislature-Parliament present in the House:-
(a) (b) (c) (d)
peace and friendship; security and strategic alliance; the boundaries of Nepal; and natural resources and the distribution of their uses.
Provided that out of the treaties and agreements referred in the sub- clauses (a) and (d), if any treaty or agreement is of ordinary nature and which does not affect the nation extensively, seriously or in the long-term, the ratification of, accession to, acceptance of or approval of such treaty or agreement may be done at a meeting of the Legislature-Parliament by a simple majority of the members present in the House.
(3) After the commencement of the Constitution, unless a treaty or agreement is ratified, acceded , accepted or approved in accordance with this Article, it shall not be binding to the Government of Nepal or the State of Nepal.
(4) Notwithstanding anything written in clauses (1) and (2), no treaty or agreement shall be concluded that may have detrimental effect on the territorial integrity of Nepal.
157. Decision Could be Made Through Referendum: (1) Except as otherwise provided elsewhere in the Constitution, if the Constituent Assembly decides, by its two-thirds majority of the total number of members present therein, that it is necessary to make a decision on any matters of national importance, then decision may be reached on such matters through referendum.
(2) The procedures pertaining to making decision pursuant to clause (1) shall be as determined by the law.
158. Power to Remove Difficulties: If any difficulty arises in connection with the implementation of this Constitution, the Council of Ministers may issue necessary Orders to remove such difficulties, and such Orders shall have to be endorsed by the Legislature-Parliament or the Constituent Assembly within a month.
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PART 23
TRANSITIONAL PROVISIONS
159. Provisions Regarding the King: (1) No power regarding the governance of the country shall be vested in the king.
(2) The Prime Minister shall perform all works pertaining to the governance and operation of the country.
(3) Notwithstanding anything contained elsewhere in this Constitution, the simple majority in the first meeting of the Constitutional Assembly shall take decision about whether or not to give continuation to the monarchy.
(4) The property of late King Birendra, late Queen Aishwarya and other members of their family shall be brought under the control of the Government of Nepal, and a Trust shall be established to use the property for the benefit of the nation.
(5) All the property acquired by King Gyanendra in the capacity of the King (for instance: the palaces in different parts of the country, forests and national parks, heritage sites of historical and anthropological importance etc.) shall be nationalized.
160. Provisions Regarding the Council of Ministers (1) The Council of Ministers existing at the time of the commencement of this Constitution shall be deemed to have been constituted under this Constitution.
(2) The Council of Ministers constituted pursuant to clause (1) above, shall continue to work until the Council of Minister is constituted under Article 38.
161. Provisions Regarding the Legislature-Parliament: Immediate after the commencement of this Constitution, the Legislature-Parliament shall be constituted under this Constitution.
(2) After the commencement of this Constitution, the existing House of Representatives and the National Assembly shall automatically be dissolved, and the first meeting of the Legislature-Parliament under this Constitution shall convene on the same day.
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(3) The Bills that were under consideration in the House of Representatives at the time of the commencement of this Constitution shall be transferred to the Legislature-Parliament under this Constitution.
(4) The Parliament Secretariat and officials and the staff working in the Secretariat at the time of the commencement of this Constitution shall be deemed as the Secretariat of the Legislature-Parliament and the officials and staff of the Secretariat shall be deemed to have been maintained under this Constitution.
162. Provisions Regarding Judiciary: (1) The Supreme Court, Appellate Court and District Courts subsisting at the time of the commencement of this Constitution shall be deemed to have been constituted under this Constitution, and this Constitution shall not be deemed to be hindering to make the decisions by the concerned courts on the cases filed prior to the commencement of this Constitution.
(2) The Judges working in the Supreme Court, Appellate Courts and District Courts, after the commencement of this Constitution, shall take an oath of commitment to this Constitution as determined by the Government of Nepal. The Judges who decline to take oath shall be considered automatically relieved from the position.
(3) Necessary legal arrangements shall be made on the basis of democratic norms and values to bring about gradual reforms in the judicial sector to make it independent, clean, impartial and competent.
163. Provisions Regarding the Constitutional Bodies and Officials Thereof: (1) The Constitutional Bodies and officials thereof subsisting at the time of the commencement of this Constitution, but which are not reestablished under this Constitution, shall cease to exist after the commencement of this Constitution.
(2) The Constitutional Bodies subsisting at the time of the commencement of this Constitution shall be deemed to have been constituted under this Constitution, and this Constitution shall not be deemed to be hindering in the continuation to look after the matters under consideration of such Bodies according to the laws in force. Necessary legal arrangements shall be made to bring about gradual reform in the Constitutional Bodies and the officials thereof, according to democratic norms and values.
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(3) The subsisting National Human Rights Commission constituted according to existing laws shall continue to exist until the constitution of a National Human Rights Commission as provided for in this Constitution, and the pending petitions and complaints shall be transferred to the National Human Rights Commission constituted under this Constitution; and the Commission shall take up the matters of such petitions and complaints in accordance with this Constitution and the laws made under it.
164. Existing laws to Remain in Operation: (1) The decisions made and works performed by the reinstated House of Representatives that are not inconsistent with this Constitution shall be deemed to have made and performed in accordance with this Constitution.
(2) All the laws in force at the time of commencement of this Constitution shall remain in operation until repealed or amended.
Provided that laws inconsistent with this Constitution shall, to the extent of inconsistency, ipso-facto, cease to operate three months after the commencement of this Constitution.
POLITICAL PARTIES
141. Prohibition on the Imposition of Restrictions on Political Parties: (1) Persons who are committed to common political ideology, philosophy and programme shall, subject to the laws made under proviso (3) of clause (3) of Article 12 of this Constitution, be entitled to form and operate political parties of their choice and to generate or cause to be generated publicity in order to secure public support and cooperation from the general public for their ideology, philosophy and programmes, and to carry out any other activities for that purpose. Any law, arrangement or decision which restricts any such activities shall be considered inconsistent with this Constitution and shall ipso facto be void.
(2) Any law, arrangement or decision which allows for participation or involvement of only a single political party or persons having a single political ideology, philosophy or program in the elections, political system of the country or conduct of State Affairs shall be considered inconsistent with this Constitution and shall ipso facto be void.
(3) Political Parties with the objectives contrary to the spirit and norms of the preamble of this constitution shall not be considered qualified for the party registration.
142. Registration Required for Securing Recognition for the Purpose of Contesting Elections as a Political Party: (1) Any political party wishing to secure recognition from the Election Commission for the purposes of elections shall be required to register its name with the Election Commission as per the procedure determined by the Commission. The name of the political parties failing to register their names shall be removed from the list of the Election Commission.
(2) While applying for the registration pursuant to clause (1) above, a political party shall, along with its constitution, manifesto and the rules, have to clarify the following details, in addition to other matters:-
(a) the name of the political party and address of its central office,
(b) the names and addresses of the members of its Executive Committee or any such other similar committee,
75
(c) the income source of the proposed political party and the details of such sources.
(3) Political parties shall have to fulfill the following conditions while filing an application pursuant to clause (1) above: -
(a) the constitution and the rules of the political party must be democratic,
(b)the constitution or the rules of the political party must provide for election of office bearers of the parity in all levels at least once in every five years,
(c) in the executive committee of all levels, there should be the provision for the inclusiveness of members from neglected and suppressed regions including the Women and Dalits,
(d) in the constitution of the party there should be an effective system of making the members of the party disciplined.
(4) The Election Commission shall not register any political party if any Nepali citizen is discriminated against becoming a member of the political party on the basis of religion, caste, tribe, language or sex or if the name, objectives, insignia or flag of such political parties is of a nature that it would disturb the religious or communal harmony or of the nature to divide the country, or such party constitution or rules are for purposes of protecting and promoting a party-less or single party system of governance.
(5) For the purpose of the registration of a party for election, an application with a signature of at least ten thousand voting supporters shall be deemed necessary.
Provided that in the case of the parties representing in the Interim Legislature-Parliament, this provision shall not be applicable.
(6) The establishment, registration, recognition and other matters, except those stated in this Part, shall be as provided for in the law.
76
PART 19
EMERGENCY POWER
143 Emergency Power: (1) If a grave crisis arises in regard to the sovereignty or integrity of Nepal or the security of any part thereof, whether by war, external invasion, armed rebellion or extreme economic disarray, the Council of Minister of the Government of Nepal may, by Proclamation, declare or Order a state of emergency to be enforced in any specified part or the whole of Nepal.
(2) The Proclamation or the Order issued under clause (1) above shall be laid before the meeting of the Legislature-Parliament for approval within a month from the date of its issuance.
(3) If a Proclamation or Order laid for approval pursuant to clause (2) above is approved by a two-third majority of the Legislature- Parliament present at the meeting such proclamation or order shall continue in force for three months from the date of its issuance.
(4) If the Proclamation or the Order laid before the meeting of the Legislature-Parliament pursuant to clause (2) above is not approved pursuant to clause (3), the Proclamation or the Order shall be deemed, ipso-facto to cease to operate.
(5) Before the expiration of the period referred to in clause (3) above, if a meeting of the Legislature-Parliament, by a majority of two- thirds of the members present, passes a resolution to the effect that circumstances referred to in clause (1) above continue to exist, it may extend the period of the Proclamation or Order of State Emergency for another one period, not exceeding three months as specified in such resolution.
(6) After a state of Emergency has been declared pursuant to clause (1) above, the Council of Ministers of the Government of Nepal may issue necessary orders to meet the exigencies. The Orders so issued shall be operative with the same force and effect as law so long as the State of Emergency is in operation.
(7) During the time of the Proclamation or Order of the State of Emergency made by the Council of Ministers of the Government of
77
Nepal, pursuant to clause (1), the fundamental rights provided in Part 3 may be suspended so long as the Proclamation or Order is in operation.
Provided that Articles 13, 14, 16, 17, 18, 20, 21, 22, 23, 26, 29, 30 and 31, and the rights to constitutional remedy and habeas corpus relating to such Articles shall not be suspended.
(8) In circumstances where any Article of this Constitution is suspended pursuant to clause (7) above, no petition may be made in any court of law, nor any question be raised for the enforcement of the fundamental rights conferred by such Article.
(9) If, during the continuance of a Proclamation or Order pursuant to clause (1), any damage is inflicted upon any person by an act of any official done in contravention of law or in bad faith, the affected person may, within three months from the date of termination of the Proclamation or Order, file a petition for compensation for the said damage, and if the court finds the claim valid, it shall cause the compensation to be delivered.
(10) The Council of Ministers of the Government of Nepal may, at any time during its continuance, revoke the Proclamation or Order relating to the State of Emergency pursuant to clause (1) above.
78
PART 20
PROVISION REGARDING THE ARMY
144. Formation of Nepal Army: (1) There shall be a Nepal Army in Nepal as an institution.
(2) The Council of Ministers shall appoint the Commander-in-Chief of the Nepal Army.
(3) The Council of Ministers shall control, mobilize and manage the Nepal Army in accordance with the law. The Council of Ministers shall, with the consent of the political parties and by seeking the advice of the concerned committee of the Legislature-Parliament, formulate an extensive work plan for the democratization of the Nepal Army and implement it.
(4) In the case of formulating and implementing the action plan pursuant to clause (3) above, determination of the appropriate number of Nepal Army, its democratic structure and national and inclusive character shall be developed, and training shall be imparted to the army in accordance with the norms and values of democracy and human rights.
(5) The other matters pertaining to the Nepal Army shall be as provided for in the law.
145. National Defense Council: (1) There shall be a National Defense Council in order to recommend the Council of Ministers for mobilization, operation and use of the Nepal Army Consisting with the following chairman and members:-
(a) Prime Minister (b) Defense Minister (c) Home Minister (d) Three ministers nominated by the Prime Minister
Chairman Member Member Members
(2) In case the Prime Minister and the Defense Minister would be the same person, the senior most member of the Council of Ministers shall be the member of the National Defense Council.
79
(3) If the National Defense Council deems necessary, it may invite other persons at the meeting of the Council.
(4) The Secretary of the Ministry of Defense shall work as the Secretary of the National Defense Council, and, in his/her absence, the officer designated by the Prime Minister shall carry out such work.
(5) Except in the case of mobilization of Nepal Army for the reason of natural calamities, the decision made by the Council of Ministers of the Government of Nepal for the mobilization of the army shall have to be presented to the special committee prescribed by the Legislature- Parliament within a month of the decision, and be approved accordingly.
(6) The National Defiance Council may regulate its working procedures on its own.
146. Interim Provision for the Combatants: The Council of Minister shall form a special committee to supervise, integrate and rehabilitate the combatants of the Maoist Army, and the functions, duties and powers of the committee shall be as determined by the Council of Ministers.
147. Management and Monitoring: The other arrangements pertaining to the management and monitoring of the army and its arsenal shall be done in accordance with the "Comprehensive Peace Accords" (Bishtrit Shanti Samjhauta) concluded between the Government of Nepal and Nepal Communist Party (Maoist) on 5 Mangsir 2063 (November 21, 2006) and the agreement regarding the ‘Monitoring of Arms and Army Management' reached on 22 Mangsir 2006 (December 8, 2006).
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PART 21
AMENDMENT OF CONSTITUTION
148. Amendment of the Constitution: (1) A Bill regarding the amendment or repeal of any Article of the Constitution may be presented at the Legislature-Parliament
(2) The Bill shall be deemed to be passed in the case the Bill so presented at the Legislature-Parliament is approved by at least two-thirds
majority of the total number of being.
members present therein for the time
81
PART 22
MISCELLANEOUS
149. Constitutional Council: (1) There shall be a Constitutional Council for making recommendations in accordance with this Constitution for appointment of officials to Constitutional Bodies, which shall consist of the following chairman and members:
(a) Prime Minister (b) Chief Justice (c) Speaker of the legislature-Parliament (d) Three ministers designated by the Prime Minister
Chairman Member Member Members
(2) When the position of the Chief Justice falls vacant and a recommendation has to be made for the same, the Minister for Justice shall be in the Constitutional Council as a member.
(3) The procedures regarding the appointment of the officials of the Constitutional Bodies, and the functions, duties, powers and working procedures of the Constitutional Council shall be as determined by the law.
(4) The Chief Secretary of the Government of Nepal shall work as the Secretary of the Constitutional Council.
150. Nepalese Ambassador and Emissaries: The Council of Minister may appoint the Nepalese Ambassadors and other special emissaries for specified purposes.
151. Pardon: The Council of Ministers may grant pardons, and to suspend, commute or remit any sentence passed by any court, special court, military court or by any other judicial or quasi-judicial, or administrative authority or institution.
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152. Titles, Honors, and Decorations: (1) The titles, honours or decorations to be conferred on behalf of the State shall be conferred by the Prime Minister.
(2) No citizen of Nepal shall, without the approval of the Government of Nepal, accept any title, honour or decoration from the government of any foreign country.
153. Constitution of the Government Service: The Government of Nepal may, in order to run the administration of the country, constitute civil services and other government services as required. The constitution, operation, and terms and conditions for such services shall be as determined by an Act.
154. Formation of Commissions: The Government of Nepal may form necessary commissions to safeguard and promote the rights and interests of different sectors of the country including women, Daltis, indigenous ethnic groups, Madhesi, disabled, labourers or farmers. The provisions for the formation, functions, duties and powers of such commissions shall be as determined by the law.
155. Hearing for the Officials of Constitutional Bodies and Provisions Regarding Citizenship: (1) There shall be a parliamentary hearing prior to the appointment of officials to the Constitutional Bodies under this Constitution, in accordance with the provisions of law.
(2) In order to be eligible for appointment to constitutional positions under this Constitution, one must be a citizen of Nepal either by descent or birth or as a naturalized citizen and has lived in Nepal at least for ten years.
156. Ratification of, Accession to, Acceptance of or Approval of Treaty or Agreements: (1) The ratification of , accession to, acceptance of or approval of treaties or agreements to which the State of Nepal or the Government of Nepal is to become a party shall be as determined by the law.
(2) The laws to be made pursuant to clause (1) shall, inter alia, require that the ratification of, accession to, acceptance of or approval of treaty or agreements on the following subjects be done by a two-thirds
83
majority of the total number of members of the Legislature-Parliament present in the House:-
(a) (b) (c) (d)
peace and friendship; security and strategic alliance; the boundaries of Nepal; and natural resources and the distribution of their uses.
Provided that out of the treaties and agreements referred in the sub- clauses (a) and (d), if any treaty or agreement is of ordinary nature and which does not affect the nation extensively, seriously or in the long-term, the ratification of, accession to, acceptance of or approval of such treaty or agreement may be done at a meeting of the Legislature-Parliament by a simple majority of the members present in the House.
(3) After the commencement of the Constitution, unless a treaty or agreement is ratified, acceded , accepted or approved in accordance with this Article, it shall not be binding to the Government of Nepal or the State of Nepal.
(4) Notwithstanding anything written in clauses (1) and (2), no treaty or agreement shall be concluded that may have detrimental effect on the territorial integrity of Nepal.
157. Decision Could be Made Through Referendum: (1) Except as otherwise provided elsewhere in the Constitution, if the Constituent Assembly decides, by its two-thirds majority of the total number of members present therein, that it is necessary to make a decision on any matters of national importance, then decision may be reached on such matters through referendum.
(2) The procedures pertaining to making decision pursuant to clause (1) shall be as determined by the law.
158. Power to Remove Difficulties: If any difficulty arises in connection with the implementation of this Constitution, the Council of Ministers may issue necessary Orders to remove such difficulties, and such Orders shall have to be endorsed by the Legislature-Parliament or the Constituent Assembly within a month.
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PART 23
TRANSITIONAL PROVISIONS
159. Provisions Regarding the King: (1) No power regarding the governance of the country shall be vested in the king.
(2) The Prime Minister shall perform all works pertaining to the governance and operation of the country.
(3) Notwithstanding anything contained elsewhere in this Constitution, the simple majority in the first meeting of the Constitutional Assembly shall take decision about whether or not to give continuation to the monarchy.
(4) The property of late King Birendra, late Queen Aishwarya and other members of their family shall be brought under the control of the Government of Nepal, and a Trust shall be established to use the property for the benefit of the nation.
(5) All the property acquired by King Gyanendra in the capacity of the King (for instance: the palaces in different parts of the country, forests and national parks, heritage sites of historical and anthropological importance etc.) shall be nationalized.
160. Provisions Regarding the Council of Ministers (1) The Council of Ministers existing at the time of the commencement of this Constitution shall be deemed to have been constituted under this Constitution.
(2) The Council of Ministers constituted pursuant to clause (1) above, shall continue to work until the Council of Minister is constituted under Article 38.
161. Provisions Regarding the Legislature-Parliament: Immediate after the commencement of this Constitution, the Legislature-Parliament shall be constituted under this Constitution.
(2) After the commencement of this Constitution, the existing House of Representatives and the National Assembly shall automatically be dissolved, and the first meeting of the Legislature-Parliament under this Constitution shall convene on the same day.
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(3) The Bills that were under consideration in the House of Representatives at the time of the commencement of this Constitution shall be transferred to the Legislature-Parliament under this Constitution.
(4) The Parliament Secretariat and officials and the staff working in the Secretariat at the time of the commencement of this Constitution shall be deemed as the Secretariat of the Legislature-Parliament and the officials and staff of the Secretariat shall be deemed to have been maintained under this Constitution.
162. Provisions Regarding Judiciary: (1) The Supreme Court, Appellate Court and District Courts subsisting at the time of the commencement of this Constitution shall be deemed to have been constituted under this Constitution, and this Constitution shall not be deemed to be hindering to make the decisions by the concerned courts on the cases filed prior to the commencement of this Constitution.
(2) The Judges working in the Supreme Court, Appellate Courts and District Courts, after the commencement of this Constitution, shall take an oath of commitment to this Constitution as determined by the Government of Nepal. The Judges who decline to take oath shall be considered automatically relieved from the position.
(3) Necessary legal arrangements shall be made on the basis of democratic norms and values to bring about gradual reforms in the judicial sector to make it independent, clean, impartial and competent.
163. Provisions Regarding the Constitutional Bodies and Officials Thereof: (1) The Constitutional Bodies and officials thereof subsisting at the time of the commencement of this Constitution, but which are not reestablished under this Constitution, shall cease to exist after the commencement of this Constitution.
(2) The Constitutional Bodies subsisting at the time of the commencement of this Constitution shall be deemed to have been constituted under this Constitution, and this Constitution shall not be deemed to be hindering in the continuation to look after the matters under consideration of such Bodies according to the laws in force. Necessary legal arrangements shall be made to bring about gradual reform in the Constitutional Bodies and the officials thereof, according to democratic norms and values.
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(3) The subsisting National Human Rights Commission constituted according to existing laws shall continue to exist until the constitution of a National Human Rights Commission as provided for in this Constitution, and the pending petitions and complaints shall be transferred to the National Human Rights Commission constituted under this Constitution; and the Commission shall take up the matters of such petitions and complaints in accordance with this Constitution and the laws made under it.
164. Existing laws to Remain in Operation: (1) The decisions made and works performed by the reinstated House of Representatives that are not inconsistent with this Constitution shall be deemed to have made and performed in accordance with this Constitution.
(2) All the laws in force at the time of commencement of this Constitution shall remain in operation until repealed or amended.
Provided that laws inconsistent with this Constitution shall, to the extent of inconsistency, ipso-facto, cease to operate three months after the commencement of this Constitution.