Constitution of Nepal PDF

www.lawcommission.gov.np The Constitution of Nepal Date of Publication in Nepal Gazette...

www.lawcommission.gov.np The Constitution of Nepal Date of Publication in Nepal Gazette September 20, 2015 Amendments: 1. The Constitution of Nepal (First Amendment), 2016 February 28, 2016 2. The Constitution of Nepal (Second Amendment), 2020 June 18, 2020 Preamble: WE, THE SOVEREIGN PEOPLE OF NEPAL; INTERNALIZING the people's sovereign right and right to autonomy and self-rule, while maintaining freedom, sovereignty, territorial integrity, national unity, independence and dignity of Nepal; RECALLING the glorious history of historic people's movements, armed struggle, dedication and sacrifice of Nepali people carried out, from time to time, for the sake of interests of the nation, democracy and progressive changes, and respecting for the martyrs, disappeared persons and victimized citizens; ELIMINATING all forms of discrimination and oppression resulted from the feudalistic, autocratic, centralized, unitary system of governance of the State; PROTECTING and promoting unity in diversity, social and cultural solidarity, tolerance and harmony, by recognizing the multi-ethnic, multi-lingual, multi-religious, multi-cultural and geographically diverse characteristics; and resolving to build an egalitarian society based on the proportional inclusive and participatory principles in order to ensure economic equality, prosperity and social justice by eliminating discrimination based on class, caste, region, language, religion and gender and all forms of caste-based untouchability; 1  www.lawcommission.gov.np BEING COMMITTED to socialism based on democratic norms and values including the people's competitive multiparty democratic system of governance, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, full freedom of the press, and independent, impartial and competent judiciary and concept of the rule of law in order to build a prosperous nation; DESIRING to fulfil aspirations for sustainable peace, good governance, development and prosperity through the federal democratic republican system of governance; DO HEREBY ADOPT AND PROMULGATE THIS CONSTITUTION THROUGH THE CONSTITUENT ASSEMBLY. 2  www.lawcommission.gov.np Part-1 Preliminary 1. Constitution as Fundamental Law: (1) This Constitution is the fundamental law of Nepal. Any law inconsistent with this Constitution shall, to the extent of such inconsistency, be void. (2) It shall be the duty of every person to uphold this Constitution. 2. Sovereignty and State Power: The sovereignty and State power of Nepal shall be vested in the Nepali people. It shall be exercised in accordance with the provisions set forth in this Constitution. 3. Nation: All the Nepali people, with multi-ethnic, multi-lingual, multi-religious, multi- cultural characteristics and in geographical diversities, and having common aspirations and being united by a bond of allegiance to national independence, territorial integrity, national interest and prosperity of Nepal, collectively constitute the nation. 4. State of Nepal: (1) Nepal is an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican State. Explanation: For the purposes of this Article, "secular" means religious, cultural freedoms, including protection of religion and culture handed down from time immemorial. (2) The territory of Nepal shall comprise the following:- (a) The territory existing at the time of commencement of this Constitution, and (b) Such other territory as may be acquired after the commencement of this Constitution. 5. National Interest: (1) Safeguarding of the freedom, sovereignty, territorial integrity, nationality, independence and dignity of Nepal, the rights of the Nepali people, border security, economic wellbeing and prosperity shall be the basic elements of the national interest of Nepal. (2) Any conduct and act contrary to the national interest shall be punishable in accordance with the federal law. 3  www.lawcommission.gov.np 6. Languages of Nation: All languages spoken as the mother tongues in Nepal are the languages of the nation. 7. Official Language: (1) The Nepali language in the Devnagari script shall be the official language of Nepal. (2) A Province may, by a provincial law, determine one or more than one languages of the nation spoken by a majority of people within the Province as its official language or languages, in addition to the Nepali language. (3) Other matters relating to language shall be as decided by the Government of Nepal on recommendation of the Language Commission. 8. National Flag: (1) The national flag of Nepal consists of two juxtaposed triangular figures with a crimson-coloured base and deep blue borders, there being a white emblem of the crescent moon with eight rays visible out of sixteen in the upper part and a white emblem of a twelve rayed sun in the lower part. (2) The method of drawing out the flag and other particulars relating thereto shall be as provided for in Schedule-1. 9. National Anthem and so on: (1) The national anthem of Nepal shall be as set forth in Schedule-2. (2) The coat-of-arms of Nepal shall be as set forth in Schedule-3. (3) The Rhododendron Arboreum shall be the national flower, Crimson Colour shall be the national colour, Cow shall be the national animal and Lophophorus shall be the national bird of Nepal. 4  www.lawcommission.gov.np Part-2 Citizenship 10. Not to Deprive of Citizenship: (1) No citizen of Nepal shall be deprived of the right to obtain citizenship. (2) Provision of single federal citizenship with provincial identity has been made in Nepal. 11. To be Citizens of Nepal: (1) The persons who have obtained the citizenship of Nepal at the time of commencement of this Constitution and who are qualified to obtain citizenship in accordance with this Part shall be the citizens of Nepal. (2) The following person who has his or her permanent domicile in Nepal at the time of commencement of this Constitution shall be the citizen of Nepal by descent:- (a) A person who has obtained the citizenship of Nepal by descent prior to the commencement of this Constitution; (b) A person whose father or mother was a citizen of Nepal at the time of his or her birth. (3) A child of a citizen having obtained the citizenship of Nepal by virtue of birth prior to the commencement of this Constitution shall, upon attaining the age of majority, acquire the citizenship of Nepal by descent in case the child's father and mother both are citizens of Nepal. (4) Every minor who is found within Nepal and the whereabouts of whose father and mother are not known shall, until the father or the mother of the child is traced, be a citizen of Nepal by descent. (5) A person who is born in Nepal to a woman who is a citizen of Nepal and has resided in Nepal and whose father is not traced shall be provided with the citizenship of Nepal by descent. Provided that in case his or her father is held to be a foreign citizen, the citizenship of such person shall be converted into naturalized citizenship as provided for in the federal law. 5  www.lawcommission.gov.np (6) A foreign woman who has a matrimonial relationship with a citizen of Nepal may, in case she so desires, acquire the naturalized citizenship of Nepal as provided for in the federal law. (7) Notwithstanding anything contained elsewhere in this Article, in the case of a person born to a woman who is a citizen of Nepal and married to a foreign citizen, the person may acquire the naturalized citizenship of Nepal in accordance with the federal law in case he or she has permanently resided in Nepal and has not acquired the citizenship of a foreign country. Provided that in case such person's mother and father both are citizens of Nepal at the time of acquisition of citizenship, such person born in Nepal may acquire the citizenship of Nepal by descent. (8) In the cases other than those referred to in this Article, the Government of Nepal may, in accordance with the federal law, grant the naturalized citizenship of Nepal. (9) The Government of Nepal may, in accordance with the federal law, grant the honorary citizenship of Nepal. (10) Whenever any territory is acquired by way of incorporation into Nepal, a person having his or her domicile within such territory shall, subject to the federal law, become a citizen of Nepal. 12. Citizenship based on Descent along with Gender Identity: A person who is entitled to obtain the citizenship of Nepal by descent in accordance with this Constitution may obtain a certificate of citizenship of Nepal with gender identity by the name of his or her mother or father. 13. Acquisition, Reacquisition and Termination of Citizenship: Other matters relating to the acquisition, reacquisition and termination of citizenship shall be as provided for in the federal law. 14. Power to Grant non-resident Nepali Citizenship: The non-residential citizenship of Nepal may be so granted to a person who has acquired the citizenship of a foreign country, has resided in a country other than a Member State of the South Asian Association for Regional Cooperation, and who or whose father or mother, grandfather or grandmother was previously a citizen of Nepal by decent or birth but 6  www.lawcommission.gov.np subsequently acquired the citizenship of the foreign country that such person may enjoy economic, social and cultural rights in accordance with the federal law. 15. Other Provisions relating to Citizenship of Nepal: Other matters relating to the maintenance of records setting out the identity of every citizen of Nepal and the citizenship of Nepal shall be as provided for in the federal law. 7  www.lawcommission.gov.np Part-3 Fundamental Rights and Duties 16. Right to Live with Dignity: (1) Every person shall have the right to live with dignity. (2) No law shall be made providing for the death penalty to anyone. 17. Right to Freedom: (1) No person shall be deprived of his or her personal liberty except in accordance with law. (2) Every citizen shall have the following freedoms: - (a) Freedom of opinion and expression; (b) Freedom to assemble peaceably and without arms; (c) Freedom to form political parties; (d) Freedom to form unions and associations; (e) Freedom to move and reside in any part of Nepal; (f) Freedom to practise any profession, carry on any occupation and establish and operate any industry, trade and business in any part of Nepal. Provided that: (1) Nothing in sub-clause (a) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality and independence of Nepal or the harmonious relations between the Federal Units or the people of various castes, tribes, religions or communities or incite caste-based discrimination or untouchability or on any act of disrespect of labour, defamation, contempt of court, incitement to an offence or on any act which may be contrary to public decency or morality. (2) Nothing in sub-clause (b) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality and independence of Nepal or the harmonious relations between the Federal Units or public law and order. 8  www.lawcommission.gov.np (3) Nothing in sub-clause (c) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality and independence of Nepal, constitute an espionage against the nation or divulge national secrecy or on any act of rendering assistance to any foreign State, organization or representative in a manner to undermine the security of Nepal or on an act of sedition or on any act which may undermine the harmonious relations between the Federal Units or on any act of incitement to caste-based or communal hatred or on any act which may undermine the harmonious relations between various castes, tribes, religions and communities, or on any act of acquisition of, or restriction on, membership of any political party on the basis solely of tribe, language, religion, community or sex or on any act of formation of a political party with discrimination between citizens or on incitement to violent acts or on any act which may be contrary to public morality. (4) Nothing in sub-clause (d) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality and independence of Nepal, or on any act which may constitute espionage against the nation or on any act of divulgence of national secrecy or on any act assisting any foreign State, organization or representative in a manner to undermine the security of Nepal or on an act of sedition or on any act which may undermine the harmonious relations between the Federal Units or on any act of incitement to caste-based or communal hatred or on any act which may undermine the harmonious relations between various castes, tribes, religions and communities or on incitement to violent acts or on any act which may be contrary to public morality. (5) Nothing in sub-clause (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 pubic-in-general or which may undermine the harmonious relations between the Federal Units or the harmonious relations between the peoples of various castes, tribes, religions or communities or which may constitute or incite violent acts. 9  www.lawcommission.gov.np (6) Nothing in sub-clause (f) shall be deemed to prevent the making of an Act to prevent any act which may undermine the harmonious relations between the Federal Units or any act which may be contrary to public health, decency or morality of pubic-in-general or to confer on the State the exclusive right to undertake any specific industry, trade or service, or to prescribe any condition or qualification for carrying on any industry, trade, occupation, employment or business. 18. Right to Equality: (1) All citizens shall be equal before law. No one shall be denied the equal protection of law. (2) No discrimination shall be made in the application of general laws on grounds of origin, religion, race, caste, tribe, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language or region, ideological conviction or on similar other grounds. (3) The State shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language, region, ideological conviction or on similar other grounds. Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or development of the citizens including the socially or culturally backward women, Dalit, indigenous people, indigenous nationalities (Aadibasi Janajati), Madhesi, Tharu, Muslim, oppressed class, Pichhada class, minorities, the marginalized, farmers, labours, youths, children, senior citizens, gender and sexual minorities, persons with disabilities, pregnant persons, incapacitated or helpless, backward region and indigent Khas Arya. Explanation: For the purposes of this Part and Part 4, "indigent" means a person who earns income less than that specified by the federal law. (4) No discrimination shall be made on the ground of gender with regard to remuneration and social security for the same work. (5) All offspring shall have the equal right to the ancestral property without discrimination on the ground of gender. 19. Right to Communication: (1) No publication and broadcasting or dissemination or printing of any news item, editorial, feature article or other reading, audio and audio- 10  www.lawcommission.gov.np visual material through any means whatsoever including electronic publication, broadcasting and printing shall be censored. Provided that nothing shall be deemed to prevent the making of Acts to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality of Nepal or the harmonious relations between the Federal Units or the harmonious relations between various castes, tribes, religions or communities, or on any act of sedition, defamation or contempt of court or incitement to an offence, or on any act which may be contrary to public decency or morality, on any act of hatred to labour and on any act of incitement to caste-based untouchability as well as gender discrimination. (2) No radio, television, online or other form of digital or electronic equipment, press or other means of communication publishing, broadcasting or printing any news item, feature, editorial, article, information or other material shall be closed or seized nor shall registration thereof be cancelled nor shall such material be seized by the reason of publication, broadcasting or printing of such material through any audio, audio-visual or electronic equipment or press. Provided that nothing contained in this clause shall be deemed to prevent the making of an Act to regulate radio, television, online or any other form of digital or electronic equipment, press or other means of communication. (3) No means of communication including the press, electronic broadcasting and telephone shall be interrupted except in accordance with law. 20. Rights relating to Justice: (1) No person shall be detained in custody without informing him or her of the ground for his or her arrest. (2) Any person who is arrested shall have the right to consult a legal practitioner of his or her choice from the time of such arrest and to be defended by such legal practitioner. Any consultation made by such person with, and advice given by, his or her legal practitioner shall be confidential. Provided this clause shall not apply to a citizen of an enemy State. Explanation: For the purpose of this clause, "legal practitioner" means any person who is authorized by law to represent any person in any court. 11  www.lawcommission.gov.np (3) Any person who is arrested shall be produced before the adjudicating authority within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to such authority; and no such person shall be detained in custody except on the order of such authority. Provided that this clause shall not apply to a person held in preventive detention and to a citizen of an enemy State. (4) No person shall be liable for punishment for an act which was not punishable by the law in force when the act was committed nor shall any person be subjected to a punishment greater than that prescribed by the law in force at the time of the commission of the offence. (5) Every person accused of an offence shall be presumed innocent until proved guilty of the offence. (6) No person shall be tried and punished for the same offence in a court of law more than once. (7) No person accused of an offence shall be compelled to testify against himself or herself. (8) Every person shall have the right to be informed of any proceedings taken against him or her. (9) Every person shall have the right to a fair trial by an independent, impartial and competent court or judicial body. (10) Any indigent party shall have the right to free legal aid in accordance with law. 21. Right of Victim of Crime: (1) A victim of crime shall have the right to get information about the investigation and proceedings of a case in which he or she is the victim. (2) A victim of crime shall have the right to justice along with social rehabilitation and compensation in accordance with law. 22. Right against Torture: (1) No person who is arrested or detained shall be subjected to physical or mental torture or to cruel, inhuman or degrading treatment. 12  www.lawcommission.gov.np (2) Any act referred to in clause (1) shall be punishable by law, and any person who is a victim of such treatment shall have the right to obtain compensation in accordance with law. 23. Right against Preventive Detention: (1) No person shall be held under preventive detention unless there is a sufficient ground of the existence of an immediate threat to the sovereignty, territorial integrity or public law and order of Nepal. (2) Information about the situation of a person who is held under preventive detention pursuant to clause (1) shall be given immediately to his or her family members or relatives. Provided that this clause shall not apply to a citizen of an enemy State. (3) In case the authority having power to hold a person under preventive detention holds any person under preventive detention contrary to law or in bad faith, such person shall have the right to obtain compensation in accordance with law. 24. Right against Untouchability and Discrimination: (1) No person shall be subjected to any form of untouchability or discrimination in any private and public places on grounds of his or her origin, caste, tribe, community, profession, occupation or physical condition. (2) In producing or distributing any goods, services or facilities, no person belonging to any particular caste or tribe shall be prevented from purchasing or acquiring such goods, services or facilities nor shall such goods, services or facilities be sold, distributed or provided only to the persons belonging to any particular caste or tribe. (3) No act purporting to demonstrate any person or community as superior or inferior on grounds of origin, caste, tribe or physical condition or justifying social discrimination on grounds of caste, tribe or untouchability or propagating ideology based on untouchability and caste based superiority or hatred or encouraging caste- based discrimination in any manner whatsoever shall be allowed. (4) No discrimination in any form shall be allowed at a workplace with or without making untouchability on the ground of caste. (5) All types of acts of untouchability and discrimination committed in contravention of this Article shall be punishable by law as a severe social offence, and 13  www.lawcommission.gov.np the victim of such act shall have the right to obtain compensation in accordance with law. 25. Right relating to Property: (1) Every citizen shall, subject to law, have the right to acquire, own, sell, dispose of, acquire business profits from, and otherwise deal with, property. Provided that the State may levy tax on property of a person, and tax on income of a person in accordance with the concept of progressive taxation. Explanation: For the purposes of this Article, "property" means any form of property including movable and immovable property and the word includes intellectual property right as well. (2) The State shall not, except for public interest, requisition, acquire, or otherwise create any encumbrance on, property of a person. Provided that this clause shall not apply to any property acquired by any person illicitly. (3) The basis of compensation to be provided and procedures to be followed in the requisition by the State of property of any person for public interest pursuant to clause (2) shall be as provided for in the Act. (4) The provisions of clauses (2) and (3) shall not prevent the State from making land reforms, management and regulation in accordance with law for the purposes of enhancement of product and productivity of land, modernization and commercialization of agriculture, environment protection and planned housing and urban development. (5) In case the State has requisitioned property of any person for public interest pursuant to clause (3), nothing shall prevent the State from using such property for any other public interest instead of such public interest. 26. Right to Freedom of Religion: (1) Every person who has faith in religion shall have the freedom to profess, practice and protect his or her religion in accordance with his or her conviction. (2) Every religious denomination shall have the right to operate and protect its religious sites and religious Guthi (trusts). 14  www.lawcommission.gov.np Provided that nothing shall be deemed to prevent the regulation, by making law, of the operation and protection of religious sites and religious trusts and management of trust properties and land. (3) No person shall, in the exercise of the right conferred by this Article, do, or cause to be done, any act which may be contrary to public health, decency and morality or breach of public peace, or convert another person from one religion to another or any act or conduct that may jeopardize other's religion and such act shall be punishable by law. 27. Right to Information: Every citizen shall have the right to demand and receive information on any matter of his or her interest or of public interest. Provided that no one shall be compelled to provide information on any matter which must be maintained confidential in accordance with law. 28. Right to Privacy: The privacy of any person, his or her residence, property, document, data, correspondence and matters relating to his or her character shall, except in accordance with law, be inviolable. 29. Right against Exploitation: (1) Every person shall have the right against exploitation. (2) No person shall be exploited in any manner on the grounds of religion, custom, tradition, usage, practice or on any other grounds. (3) No one shall be subjected to trafficking nor shall one be held in slavery or servitude. (4) No one shall be forced to work against his or her will. Provided that nothing shall be deemed to prevent the making of law by the State requiring citizens to perform compulsory service for public purposes. (5) An act contrary to clauses (3) and (4) shall be punishable by law and the victim shall have the right to obtain compensation from the perpetrator in accordance with law. 30. Right to Clean Environment: (1) Every citizen shall have the right to live in a clean and healthy environment. (2) The victim shall have the right to obtain compensation, in accordance with law, for any damage caused by environmental pollution or degradation. 15  www.lawcommission.gov.np (3) This Article shall not be deemed to prevent the making of necessary legal provisions for a proper balance between environment and development in development works of the nation. 31. Right relating to Education: (1) Every citizen shall have the right of access to basic education. (2) Every citizen shall have the right to get compulsory and free education up to the basic level and free education up to the secondary level from the State. (3) The citizens with disabilities and the indigent citizens shall have the right to get free higher education in accordance with law. (4) The visually impaired citizens shall have the right to get free education through brail script and the citizens with hearing or speaking impairment, to get free education through sign language, in accordance with law. (5) Every Nepali community residing in Nepal shall have the right to get education in its own mother tongue and, for that purpose, to open and operate schools and educational institutes, in accordance with law. 32. Right to Language and Culture: (1) Every person and community shall have the right to use their own languages. (2) Every person and community shall have the right to participate in the cultural life of his/her/its community. (3) Every Nepali community residing in Nepal shall have the right to preserve and promote its language, script, culture, cultural civilization and heritage. 33. Right to Employment: (1) Every citizen shall have the right to employment. The terms and conditions of employment, and unemployment benefit shall be as provided for in the federal law. (2) Every citizen shall have the right to choose employment. 34. Right to Labour: (1) Every labourer shall have the right to fair labour practice. Explanation: For the purposes of this Article, "labourer" means a labourer or worker who does physical or intellectual work for an employer in consideration for remuneration. 16  www.lawcommission.gov.np (2) Every labourer shall have the right to appropriate remuneration, facilities and contributory social security. (3) Every labourer shall have the right to form and join trade unions and to engage in collective bargaining, in accordance with law. 35. Right relating to Health: (1) Every citizen shall have the right to free basic health services from the State, and no one shall be deprived of emergency health services. (2) Every person shall have the right to get information about his or her medical treatment. (3) Every citizen shall have equal access to health services. (4) Every citizen shall have the right of access to clean drinking water and sanitation. 36. Right relating to Food: (1) Every citizen shall have the right relating to food. (2) Every citizen shall have the right to be safe from the state of being in danger of life from the scarcity of food. (3) Every citizen shall have the right to food sovereignty in accordance with law. 37. Right to Housing: (1) Every citizen shall have the right to an appropriate housing. (2) No citizen shall be evicted from the residence owned by him or her nor shall his or her residence be infringed except in accordance with law. 38. Rights of Women: (1) Every woman shall have equal lineage right without gender- based discrimination. (2) Every woman shall have the right to safe motherhood and reproductive health. (3) No woman shall be subjected to physical, mental, sexual, psychological or other form of violence or exploitation on grounds of religion, social, cultural tradition, practice or on any other grounds. Such act shall be punishable by law, and the victim shall have the right to obtain compensation in accordance with law. (4) Women shall have the right to participate in all bodies of the State on the basis of the principle of proportional inclusion. 17  www.lawcommission.gov.np (5) Women shall have the right to obtain special opportunity in education, health, employment and social security, on the basis of positive discrimination. (6) The husband and wife shall have the equal right to property and family affairs. 39. Rights of Child: (1) Every child shall have the right to name and birth registration along with his or her identity. (2) Every child shall have the right to education, health, maintenance, proper care, sports, entertainment and overall personality development from the families and the State. (3) Every child shall have the right to elementary child development and child participation. (4) No child shall be engaged in any factory, mine or similar other hazardous work. 5) No child shall be subjected to child marriage, transported illegally and kidnapped or taken hostage. (6) No child shall be recruited or used in army, police or any armed group, or be subjected, in the name of cultural or religious traditions, to abuse, exclusion or physical, mental, sexual or other form of exploitation or improper use by any means or in any manner. (7) No child shall be subjected to physical, mental or any other form of torture in home, school or other place and condition whatsoever. (8) Every child shall have the right to child-friendly justice. (9) The child who is helpless, orphan, with disabilities, conflict victim, displaced or vulnerable shall have the right to special protection and facilities from the State. (10) Any act contrary to in clauses (4), (5), (6) and (7) shall be punishable by law, and a child who is the victim of such act shall have the right to obtain compensation from the perpetrator, in accordance with law. 40. Rights of Dalit: (1) The Dalit shall have the right to participate in all bodies of the State on the basis of the principle of proportional inclusion. Special provision shall be 18  www.lawcommission.gov.np made by law for empowerment, representation and participation of the Dalit community in public services as well as other sectors of employment. (2) Provision of free education with scholarship, from primary to higher education, shall be made by law for the Dalit students. Special provision shall be made by law for the Dalit in technical and vocational education. (3) Special provision shall be made by law in order to provide health and social security to the Dalit community. (4) The Dalit community shall have the right to use, protect and develop their traditional occupation, knowledge, skill and technology. The State shall accord priority to the Dalit community in modern business related with their traditional occupation and provide skills and resources required therefor. (5) The State shall provide land to the landless Dalit for one time in accordance with law. (6) The State shall, in accordance with law, make provision of settlement for the Dalit who do not have housing. (7) The facilities conferred by this Article to the Dalit community shall be distributed in a just manner so that the Dalit women, men and Dalit in all communities may obtain such facilities proportionately. 41. Rights of Senior Citizens: The senior citizens shall have the right to special protection and social security from the State. 42. Right to Social Justice: (1) The economically, socially or educationally backward women, Dalit, indigenous nationalities (Aadibasi Janajati), Madhesi, Tharu, Muslims, backward classes, minorities, marginalized communities, persons with disabilities, gender and sexual minorities, farmers, labourers, oppressed or citizens of backward regions and indigent Khas Arya shall have the right to participate in the bodies of the State on the basis of principle of proportional inclusion. (2) The indigent citizens and citizens of the communities on the verge of extinction shall have the right to get special opportunities and benefits in education,  Amended by the First Amendment. 19  www.lawcommission.gov.np health, housing, employment, food and social security for their protection, upliftment, empowerment and development. (3) The citizens with disabilities shall have the right to live with dignity and honour, with the identity of their diversity, and have equal access to public services and facilities. (4) Every farmer shall, in accordance with law, have the right to have access to land for agro activities, select and protect local seeds and agro species which have been used and pursued traditionally. (5) The families of the martyrs who have sacrificed their life, and of the disappeared persons and those who became disabled and injured in all people's movements, armed conflicts and revolutions that have been carried out for progressive democratic changes in Nepal, democracy fighters, conflict victims and displaced ones, persons with disabilities, the injured and victims shall have the right to get a prioritized opportunity, with justice and due respect, in education, health, employment, housing and social security, in accordance with law. 43. Right to Social Security: The indigent citizens, incapacitated and helpless citizens, helpless single women, citizens with disabilities, children, citizens who cannot take care themselves and citizens belonging to the tribes on the verge of extinction shall have the right to social security, in accordance with law. 44. Rights of Consumer: (1) Every consumer shall have the right to obtain quality goods and services. (2) A person who has suffered damage from any substandard goods or services shall have the right to obtain compensation in accordance with law. 45. Right against Exile: No citizen shall be exiled. 46. Right to Constitutional Remedies: There shall be a right to obtain constitutional remedies in the manner set forth in Article 133 or 144 for the enforcement of the rights conferred by this Part. 47. Implementation of Fundamental Rights: The State shall, as required, make legal provisions for the implementation of the rights conferred by this Part, within three years of the commencement of this Constitution. 48. Duties of Citizens: Every citizen shall have the following duties:- 20  www.lawcommission.gov.np (a) To safeguard the nationality, sovereignty and integrity of Nepal, while being loyal to the nation; (b) To abide by the Constitution and law; (c) To render compulsory service as and when the State so requires; (d) To protect and preserve public property. 21  www.lawcommission.gov.np Part-4 Directive Principles, Policies and Obligations of the State 49. To be as Guidelines: (1) The directive principles, policies and obligations set forth in this Part shall be guidelines for governance of the State. (2) The State shall mobilize, or cause to be mobilized, means and resources, as required, to implement the principles, policies and obligations set forth in this Part. 50. Directive Principles: (1) The political objective of the State shall be to establish a public welfare system of governance, by establishing a just system in all aspects of national life through the rule of law, values and norms of fundamental rights and human rights, gender equality, proportional inclusion, participation and social justice, while at the same time protecting the life, property, equality and liberties of the people, in keeping with the vitality of freedom, sovereignty, territorial integrity and independence of Nepal; and to consolidate the federal democratic republican system of governance in order to ensure an atmosphere conducive to the enjoyment of fruits of democracy, while at the same time maintaining the relations between the Federal Units on the basis of cooperative federalism and incorporating the principle of proportional participation in the system of governance on the basis of local autonomy and decentralization. (2) The social and cultural objective of the State shall be to build a civilized and egalitarian society by eliminating all forms of discrimination, exploitation and injustice based on the grounds of religion, culture, tradition, usage, custom, practice or on any other similar grounds; to develop social, cultural values founded on national pride, democracy, pro-people, respect of labour, entrepreneurship, discipline, dignity and harmony; and to consolidate the national unity by maintaining social cohesion, solidarity and harmony, while recognizing cultural diversity. (3) The economic objective of the State shall be to attain a sustainable economic development, while achieving rapid economic growth, by way of maximum mobilization of the available means and resources through participation and development of public, private and cooperatives; and to develop a socialism-oriented independent and prosperous economy while making the national economy independent, self-reliant and progressive in order to build an exploitation-free society 22  www.lawcommission.gov.np by abolishing economic inequality through equitable distribution of the achievements made. (4) The State shall direct its international relations towards enhancing the dignity of the nation in the world community by maintaining international relations on the basis of sovereign equality, while safeguarding the freedom, sovereignty, territorial integrity and independence and national interest of Nepal. 51. Policies of the State: The State shall pursue the following policies:- (a) Policies relating to National Unity and National Security: (1) To maintain national unity intact, while protecting the freedom, sovereignty, territorial integrity and independence of Nepal; (2) To promote national unity while developing mutual cooperative relations among the Federal Units by maintaining mutual cohesion, harmony and solidarity among various castes, tribes, religions, languages, cultures and communities; (3) To maintain law and order by developing national security system; (4) To guarantee overall human security system; (5) To make all security organs, including the Nepal Army, Nepal Police and Armed Police Force Nepal, competent, strong, professional, inclusive and accountable to people, on the basis of national security policies; (6) To make and keep citizens ready and competent to serve the nation as and when the nation requires; (7) To make proper use, in nations' interest, of knowledge, skills and experiences of former public employees including former employees, military and police. (b) Policies relating to Political and Governance System of State: (1) To guarantee the best interests and prosperity of people through economic, social and cultural transformations, while safeguarding, consolidating and developing political achievements; (2) To maintain rule of law by protecting and promoting human rights; 23  www.lawcommission.gov.np (3) To implement international treaties, agreements to which Nepal is a party; (4) To guarantee good governance by ensuring equal and easy access of people to services and facilities delivered by the State, while making public administration fair, competent, impartial, transparent, free from corruption, accountable and participatory; (5) To make necessary provisions to make mass media fair, healthy, impartial, decent, responsible and professional; (6) To develop and expand harmonious and cooperative relations between the Federal Units by way of sharing of responsibilities, resources and administration between them. (c) Policies relating to Social and Cultural Transformation: (1) To build a society founded on cordial social relations by developing a healthy and civilized culture; (2) To carry out studies, research works, excavation and dissemination for the protection, promotion and development of historical, archaeological and cultural heritages; (3) To make community development through enhancement of local public participation, by promoting and mobilizing the creativity of local communities in social, cultural and service-oriented works; (4) To focus on development of arts, literature and music which form part of national heritages; (5) To eliminate all forms of discrimination, inequality, exploitation and injustice in the name of religion, custom, usage, practice and tradition existing in society; (6) To protect and develop languages, scripts, culture, literature, arts, motion pictures and heritages of various castes, tribes, and communities on the basis of equality and co-existence, while maintaining the cultural diversity of the country; (7) To pursue a multi-lingual policy. 24  www.lawcommission.gov.np (d) Policies relating to Economy, Industry and Commerce: (1) To strengthen national economy through participation and independent development of the public, private and cooperative sectors; (2) To achieve economic prosperity by way of optimum mobilization of the available means and resources, while focusing on the role of private sector in economy; (3) To promote the cooperative sector and mobilize it in national development to the maximum extent; (4) To encourage and mobilize the economic sector in the overall national development, while providing for regulation to maintain fairness, accountability and competition in all of its activities; (5) To make equitable distribution of the available means and resources and benefits of economic development; (6) To diversify and expand markets for goods and services, while promoting exports through development and expansion of industries upon identifying areas of comparative advantage; (7) To protect interests of consumers by maintaining trade fairness and discipline by making national economy competitive, while eliminating activities such as black marketing, monopoly, creating artificial scarcity and restricting competition; (8) To protect and promote national industries and resources and accord priority to domestic investment based on Nepali labour, skills and raw materials for development of national economy; (9) To accord priority to domestic investment for development of national economy; (10) To encourage foreign capital and technological investment in areas of import substitution and export promotion, in consonance with national interest, and encourage and mobilize such investment in development of infrastructure; 25  www.lawcommission.gov.np (11) To make the receiving of foreign assistance transparent, while making the national needs and priorities as the bases for obtaining foreign assistance, and incorporating amounts received in form of foreign assistance in the national budget, (12) To utilize knowledge, skill, technology and capital of the non-resident Nepali in the national development; (13) To make economic development dynamic by establishing coordination among Provinces and Provinces and the Federation in relation to industrial corridors, special economic zones, national projects and projects involving foreign investment. (e) Policies relating to Agriculture and Land Reforms: (1) To introduce scientific land reforms having regard to the interests of the farmers, while ending the dual ownership existing in the land; (2) To enhance product and productivity by carrying out land pooling, while discouraging absentee land ownership; (3) To carry out land management and commercialization, industrialization, diversification and modernization of agriculture by pursuing land-use policies to enhance agriculture product and productivity, while protecting and promoting the rights and interests of the farmers; (4) To make proper use of land, while regulating and managing it on the basis of, inter alia, productivity, nature of land and ecological balance; (5) To make provisions for appropriate prices of agricultural inputs and agricultural products and for market access. (f) Policies relating to Development: (1) To formulate sustainable socio-economic development strategies and programs under the regional development plan for inclusive economic development with regional balance, and implement them in a coordinative manner; 26  www.lawcommission.gov.np (2) To develop balanced, environment friendly, quality standard and sustainable physical infrastructures, while according priority to the regions lagging behind from development perspective; (3) To enhance local public participation in the process of development works; (4) To enhance investment in scientific study, research works and in invention, progress and development of science and technology, and protect scientists, technologists, intellectual and eminent talents; (5) To ensure easy and simple access of public-in-general to information technology by developing and expanding information technology in tune with national needs, and make optimum utilization of information technology in the national development; (6) To make provisions enabling public-in-public-in-general to enjoy fruits of development in just manner, while according priority to the indigent citizens in the distribution of such fruits; (7) To develop an integrated national identity management information system and manage all types of information and data of the citizens in an integrated manner, and link such system with the services and facilities provided by the State and with national development plans; (8) To update demographic statistics and link it with national development plans. (g) Policies relating to Protection, Promotion and Use of Natural Resources: (1) To protect, promote, and make environmental friendly and sustainable use of, natural resources available in the country, in consonance with national interest and by adopting the concept of inter-generational equity, and make equitable distribution of benefits, according priority and preferential right to the local communities; (2) To achieve multi-purpose development of water resources having accorded priority to national investment based on public participation; 27  www.lawcommission.gov.np (3) To ensure reliable supply of energy in an affordable, and easy manner, and make proper use of energy, for the fulfilment of the basic needs of citizens, by generating and developing renewable energy; (4) To develop sustainable and reliable irrigation by making control of water-induced disasters, and river management; (5) To conserve, promote, and make sustainable use of, forests, wildlife, birds, vegetation and bio-diversity, by mitigating possible risks to environment from industrial and physical development, while raising awareness of public-in-general about environment cleanliness; (6) To maintain forest area in territory required for ecological balance; (7) To adopt appropriate measures to abolish or mitigate existing or possible adverse environmental impacts on the nature, environment or biological diversity; (8) To pursue principles of environmentally sustainable development such as the principles of polluter pay, of precaution in environmental protection and of prior informed consent; (9) To make provisions of advance warning, preparedness, rescue, relief and rehabilitation in order to mitigate risks from natural disasters. (h) Policies relating to Basic Needs of Citizens: (1) To prepare human resources that are competent, competitive, ethical, and devoted to national interests, while making education scientific, technical, vocational, skill-oriented, employment and people-oriented; (2) To promote investment of the State in education sector and to make private sector investment in education service-oriented by regulation and management; (3) To make higher education easy, qualitative and accessible, and free gradually; (4) To establish and promote community information centres and libraries for personality development of citizens; 28  www.lawcommission.gov.np (5) To keep on increasing investment necessary in public health sector by the State in order to make the citizens healthy; (6) To ensure easy, convenient and equal access of all to quality health services; (7) To protect and promote health systems including Ayurveda, as a traditional medical system of Nepal, natural therapy and homeopathy system; (8) To make private sector investment in the health sector service-oriented by regulating and managing such investment, while enhancing the State's investment in this sector; (9) To focus on health research and keep on increasing the number of health institutions and health workers in order to make health services widely available and qualitative; (10) To increase average life expectancy by reducing maternal and infant mortality rates, while encouraging family planning for population management on the basis of Nepal's capacity and need; (11) To manage unplanned settlement and develop planned and systematic settlement; (12) To provide for sustainable production, supplies, storage, security, and easy and effective distribution of foods by encouraging food production in tune with climate and soil, in consonance with the concept of food sovereignty, while enhancing investment in the agriculture sector; (13) To ensure planned supply system by according special priority to the remote and backward regions, while ensuring equal access of all citizens to basic goods and services; (14) To enhance investment in the transportation sector, while ensuring simple, easy and equal access of the citizens to transportation facilities, and to make the transportation sector safe, systematic and friendly to persons with disabilities by encouraging public transportation and 29  www.lawcommission.gov.np regulating private transportation, while according priority to the environment friendly technologies; (15) To arrange for access to medical treatment while ensuring citizen's health insurance. (i) Policies relating to Labour and Employment: (1) To make competent and professional the labour force that has remained as the main socio-economic strength of the country and enhance employment within the country, while ensuring a condition enabling all to work; (2) To guarantee social security, while ensuring the basic rights of all labours, in consonance with the concept of decent labour; (3) To abolish all forms of labour exploitation including child labour; (4) To encourage participation of labourer in management, while maintaining cordial relations between the labourer and entrepreneurs; (5) To regulate and manage the foreign employment sector in order to make it free from exploitation, safe and systematic and to guarantee employment and rights of the labourer; (6) To encourage mobilizing the capital, skills, technology and experience gained from foreign employment in productive sectors in the country. (j) Policies relating to Social Justice and Inclusion: (1) To keep on making appropriate arrangements for the livelihoods of helpless single women, while according priority to them in employment on the basis of skills, competency and qualification; (2) To make self-reliant women who are at risks, subjected to social and family exclusion and victims of violence by their rehabilitation, protection and empowerment; (3) To ensure enjoyment of requisite services and facilities at the reproductive stage; (4) To evaluate economically the work and contribution such as maintenance of children and care of families; 30  www.lawcommission.gov.np (5) To take into consideration primarily of the best interests of the child; (6) To identify the freed bonded labours, Kamlari, Harawa, Charawa, tillers, landless, squatters and rehabilitate them by providing housing, housing plot for residence and cultivable land or employment for their livelihoods; (7) To create an atmosphere conducive to the full enjoyment of the political, economic, social and cultural rights, while enhancing the participation of youths in national development, to make their personality development, while providing special opportunity in areas including education, health and employment for the empowerment and development of the youths and provide them with appropriate opportunities for the overall development of the State; (8) To make the indigenous nationalities (Aadibasi Janajati) participate in decisions concerning that community by making special provisions for opportunities and benefits in order to ensure the right of these nationalities to live with dignity, along with their identity, and protect and promote traditional knowledge, skill, culture, social tradition and experience of the indigenous nationalities and local communities; (9) To make special provisions for opportunities and benefits to minority communities to enjoy social and cultural rights, having maintained their identity; (10) To make special provisions for equal distribution of economic, social and cultural opportunities and benefits to the Madhesi community, Muslims and backward class, and for opportunities and benefits to the indigent citizens within such communities for their protection, upliftment, empowerment and development; (11) To make special provisions for opportunities and benefits for the protection, upliftment, empowerment and development of the citizens of the oppressed and backward regions and for the fulfilment of their basic needs; (12) To accord priority to the indigent persons within all sexes, regions and communities while providing social security and social justice; 31  www.lawcommission.gov.np (13) To make planned investment in sports and sport-persons in order to prepare healthy, competent and disciplined citizens, and to develop sports as a means of consolidating national unity and enhancing national prestige at the international level; (14) To adopt a single door system for the establishment, approval, operation, regulation and management of community-based and national or international non-governmental organizations and to involve such organizations only in the sectors of national need and priority, while making investment and role of such organizations transparent and accountable. (k) Policies relating to Justice and Penal System: (1) To make administration of justice speedy, efficient, widely available, cost-effective, impartial, effective, and accountable to people; (2) To pursue alternative means such as mediation and arbitration for the settlement of disputes of ordinary nature; (3) To adopt effective measures for control of corruption and irregularities in all sectors including political, administrative, judicial and social sectors. (l) Policies relating to Tourism: To develop eco-friendly tourism industries as an important base of national economy by way of identification, protection, promotion and publicity of the historical, cultural, religious, archaeological and natural heritages of Nepal, to make environment and policy required for the development of tourism culture, and to accord priority to local people in the distribution of benefits of tourism industries. (m) Policies relating to International Relations: (1) To conduct independent foreign policy based on the Charter of the United Nations, non-alignment, principles of Panchsheel, international law and the norms of world peace, taking into consideration of the overall interest of the nation, while remaining active in safeguarding the sovereignty, territorial integrity, independence and national interest of Nepal; 32  www.lawcommission.gov.np (2) To review treaties concluded in the past, and conclude treaties, agreements based on equality and mutual interest. 52. Obligations of the State: It shall be the obligation of the State to make Nepal a prosperous and affluent country by protecting and promoting fundamental rights and human rights, pursuing directive principles of the State and gradually implementing policies of the State, while keeping intact the freedom, sovereignty, territorial integrity and independence of Nepal. 53. To Submit Report: The Government of Nepal shall submit to the President an annual report containing the steps taken and achievements made in the implementation of the directive principles, policies and obligations of the State set forth in this Part, and the President shall cause such report to be laid through the Prime Minister before the Federal Parliament. 54. Provisions relating to Monitoring: There shall be a committee, in accordance with law, in the Federal Parliament in order to monitor and evaluate whether or not the directive principles, policies and obligations of the State set forth in this Part have been implemented progressively. 55. Questions not to be raised in Court: No question shall be raised in any court as to whether or not any matter contained in this Part has been implemented. 33  www.lawcommission.gov.np Part-5 Structure of State and Distribution of State Power 56. Structure of State: (1) The main structure of the Federal Democratic Republic of Nepal shall be of three levels, namely the Federation, the Province and the Local Level. (2) The Federation, Provinces and Local Levels shall exercise the State power of Nepal in accordance with this Constitution and law. (3) There shall be Provinces consisting of the Districts referred to in Schedule- 4 existing in Nepal at the time of commencement of this Constitution. (4) There shall be Rural Municipality, Municipality and District Assembly under the Local Level. The number of Wards in a Rural Municipality and Municipality shall be as provided for in the federal law. (5) Any Special, Protected or Autonomous Region may be set up by the federal law for social, cultural protection or economic development. (6) The Federation, Provinces and Local Levels shall protect Nepal's freedom, sovereignty, territorial integrity, independence, national interest, overall development, multi-party, competitive, democratic, republican, federal system of governance, human rights and fundamental rights, rule of law, separation of powers and check and balance, egalitarian society based on pluralism and equality, inclusive representation and identity. 57. Distribution of State Power: (1) The powers of the Federation shall be vested on the matters enumerated in Schedule-5 and such powers shall be exercised in accordance with this Constitution and the federal law. (2) The powers of a Province shall be vested on the matters enumerated in Schedule-6 and such powers shall be exercised in accordance with this Constitution and the provincial law. (3) The concurrent powers of the Federation and a Province shall be vested on the matters enumerated in Schedule-7 and such powers shall be exercised in accordance with this Constitution, federal law and provincial law. 34  www.lawcommission.gov.np (4) The powers of the Local Level shall be vested on the matters enumerated in Schedule-8 and such powers shall be exercised in accordance with this Constitution and law made by the Rural Municipal Assembly or Municipal Assembly, as the case may be. (5) The concurrent powers of the Federation, Provinces and Local Levels shall be vested on the matters enumerated in Schedule-9 and such powers shall be exercised in accordance with this Constitution, federal law, provincial law and law made by the Rural Municipal Assembly or Municipal Assembly, as the case may be. (6) Any law to be made by a Provincial Assembly, Rural Municipal Assembly or Municipal Assembly pursuant to clause (3) or (5) shall be so made as not to be inconsistent with the federal law; and any law made by the Provincial Assembly, Rural Municipal Assembly or Municipal Assembly which is inconsistent with the federal law shall be invalid to the extent of such inconsistency. (7) Any law to be made by a Rural Municipal Assembly or Municipal Assembly, as the case may be, pursuant to clause (5) shall be so made as not to be inconsistent with a provincial law; and any law made by the Rural Municipal Assembly or Municipal Assembly which is inconsistent with a provincial law shall be invalid to the extent of such inconsistency. 58. Residuary Powers: The Federation shall have power on any matter not enumerated in the list of powers of the Federation, Province and Local Level or Concurrent Lists or on any matter which is not so specified in this Constitution as to be exercised by any level. 59. Exercise of Financial Powers: (1) The Federation, Province and Local Level shall make laws, make annual budget, decisions, formulate and implement policies and plans on any matters related to financial powers within their respective competence. (2) The Federation may so make necessary policies, standards and laws on any of the matters enumerated in the Concurrent List and other areas of financial powers as to be applicable also to the Provinces. (3) The Federation, Province and Local Level shall make budget of their respective levels, and the time for submission of budget by Province and Local Level shall be as provided for in the federal law. 35  www.lawcommission.gov.np (4) The Federation, Province and Local Level shall provide for equitable distribution of benefits derived from the use of natural resources or development. Certain portions of such benefits shall be distributed, in accordance with law, in the form of royalty, services or goods to the project affected regions and local communities. (5) In case, in utilising natural resources, the local community desires to make investment therein, the Federation, Province and Local Level shall accord priority to such investment in such portion as provided by law on the basis of the nature and size of such investment. (6) The Government of Nepal shall have power to obtain foreign assistance and borrow loans. Such assistance or loans shall be so obtained or borrowed as to have macro-economic stability of the country. (7) Provisions relating to the management of budget deficits and other fiscal discipline of the Federation, Province and Local Level shall be as provided for in the federal law. 60. Distribution of Sources of Revenue: (1) The Federation, Province and Local Level may impose taxes on matters falling within their respective competence and collect revenue from these sources. Provided that provisions relating to the imposition of taxes and collection of revenue on matters enumerated in the Concurrent List and on matters that are not contained in the List of any level shall be as determined by the Government of Nepal. (2) The Government of Nepal shall make provisions for the equitable distribution of the collected revenue to the Federation, Province and Local Level. (3) The amount of fiscal transfer receivable by Province and Local Level shall be as recommended by the National Natural Resources and Fiscal Commission. (4) The Government of Nepal shall, on the basis of the need of expenditure and revenue capacity, distribute fiscal equalization grants to Province and Local Level. (5) Each Province shall, in accordance with the provincial law, distribute fiscal equalization grants out of the grants received from the Government of Nepal and 36  www.lawcommission.gov.np revenues collected from its own sources, on the basis of the need of expenditure and revenue capacity of its subordinate Local Level. (6) Provisions relating to distribution of conditional grants, complementary grants or special grants for other purposes to be provided by the Government of Nepal from the Federal Consolidated Fund shall be as provided for in the federal law. (7) While distributing revenues between the Federal, Provincial and Local Levels, it shall be made in a balanced and transparent manner. (8) In making a federal Act on the distribution of revenues, regard shall be had to the matters of national policies; national requirements; autonomy of the Province and Local Levels; services to be rendered by the Province and Local Level to the people and financial powers granted to them; capacity to collect revenues; potentiality and use of revenues; assistance to be made in development and construction; reduction of regional imbalances; poverty and inequality; end of deprivation; and assistance to be made in the performance of contingent works and fulfilment of temporary needs. 37  www.lawcommission.gov.np Part-6 President and Vice-President 61. President: (1) There shall be a President of Nepal. (2) The President shall be the Head of State of Nepal. He or she shall perform his or her functions in accordance with this Constitution and federal law. (3) The President shall promote national unity of Nepal. (4) The main duty of the President shall be to abide by and protect the Constitution. 62. Election of President: (1) The President shall be elected by an electoral college consisting of the members of the Federal Parliament and members of the Provincial Assemblies. The voting weightage of the members of the Federal Parliament and of the Provincial Assemblies shall vary as provided for in the federal law. (2) Notwithstanding anything contained in clause (1), nothing shall be deemed to bar the formation of an electoral college for the purpose of election to the President by the sole reason that election to Provincial Assembly has not been held in any Province. (3) A person who secures a majority of the then existing total votes of the Electoral College referred to in clause (1) shall be elected as the President. (4) In case none of the candidates secures a majority pursuant to clause (3), there shall be the voting between the two candidates who have secured the highest number of votes, and a candidate who secures more than fifty percent of the total votes in such voting shall be elected as the President. (5) In case none of the candidates secures more than fifty percent of the total votes even in the voting under clause (4), re-voting shall be held. A candidate who secures a majority of the total valid votes cast in such voting shall be elected as the President. (6) In case a person who holds a political office to be fulfilled by way of election, nomination or appointment is elected as the President under this Article, such office shall, ipso facto, fall vacant. 38  www.lawcommission.gov.np (7) Election to the President and other matters related thereto shall be as provided for in the federal law. 63. Term of Office of President: (1) The term of office of the President shall be five years from the date on which he or she is elected. (2) The President whose term of office under clause (1) has expired shall continue to discharge the functions under this Constitution until another elected President assumes his or her office. 64. Qualification for President: (1) A person who has the following qualifications shall be eligible to become the President:- (a) One who is eligible to become a member of the Federal Parliament; (b) On who has completed the age of at least forty-five years; and (c) One who is not disqualified by any law. (2) Notwithstanding anything contained in clause (1), a person who has already been elected twice as the President shall not be eligible to be a candidate in the election to the President. 65. Vacation of Office of President: The office of the President shall fall vacant in any of the following circumstances: (a) In case he or she tenders resignation in writing to the Vice-President; (b) In case the motion of impeachment against him or her is adopted under Article 101; (c) In case his or her term of the office expires; (d) In case he or she dies. 66. Functions, Duties and Powers of President: (1) The President shall exercise such powers and perform such duties as conferred on him or her in accordance with this Constitution or the federal law. (2) In exercising the powers or duties under clause (1), the President shall perform all other functions to be performed by him or her on recommendation and with the consent of the Council of Ministers than those functions specifically provided to be performed on recommendation of any institution or official under this 39  www.lawcommission.gov.np Constitution or federal law. Such recommendation and consent shall be submitted through the Prime Minister. (3) Any decision or order to be issued in the name of the President under clause (2) and other instrument of authorization pertaining thereto shall be authenticated as provided for in the federal law. 67. Vice-President: (1) There shall be a Vice-president of Nepal. (2) The functions to be performed by the President shall be performed by the Vice-president during the absence of the President. (3) In case a person who holds a political office to be fulfilled by way of election, nomination or appointment is elected as the Vice-president, such office shall, ipso facto, fall vacant. 68. Vacation of Office of Vice-President: The office of the Vice-president shall fall vacant in any of the following circumstances:- (a) In case he or she tenders resignation in writing to the President, (b) In case a motion of impeachment against him or her is adopted under Article 101, (c) In case his or her term of office expires, (d) In case he or she dies. 69. Other provisions relating to Vice-President: Provisions relating to the qualification, procedures of election and term of office of the Vice-President shall be the same as that of the President. 70. President and Vice-President to Belong to Different Sex or Community: Election to the President and the Vice-president under this Constitution shall be so made as to have representation of different sex or community. 71. Oath by President and Vice-President: Prior to assuming their respective offices, the President shall take an oath of office and secrecy before the Chief Justice, and the Vice-President, before the President, as provided for in the federal law. 72. Remuneration and Facilities of President and Vice-President: The remuneration and other facilities of the President and the Vice-president shall be as provided for in a Federal Act, and until such Act is enacted as specified by the Government of Nepal. 40  www.lawcommission.gov.np 73. Office of President and Vice-President: (1) There shall be separate offices for the performance of the functions of the President and the Vice-President. (2) The Government of Nepal shall make arrangements for employees and other provisions as required to perform the functions of the offices referred to in clause (1). 41  www.lawcommission.gov.np Part-7 Federal Executive 74. Form of Governance: The form of governance of Nepal shall be multi-party competitive federal democratic republican parliamentary form of governance based on pluralism. 75. Executive Power: (1) The executive power of Nepal shall, in accordance with this Constitution and law, be vested in the Council of Ministers. (2) The responsibility for issuing general directives, controlling and regulating the governance of Nepal shall, subject to this Constitution and law, lie in the Council of Ministers. (3) All federal executive functions of Nepal shall be performed in the name of the Government of Nepal. (4) Any decision or order to be issued in the name of the Government of Nepal pursuant to clause (3) and other instruments of authorization pertaining thereto shall be authenticated as provided for in the federal law. 76. Constitution of Council of Ministers: (1) The President shall appoint the leader of the parliamentary party that commands a majority in the House of Representatives as the Prime Minister, and the Council of Ministers shall be constituted under his or her chairpersonship. (2) In cases where no party has a clear majority in the House of Representatives pursuant to clause (1), the President shall appoint as the Prime Minister a member of the House of Representatives who is able to command a majority with the support of two or more parties representing to the House of Representatives. (3) In cases where the Prime Minister cannot be appointed pursuant to clause (2) within thirty days after the date of declaration of the final results of election to the House of Representatives or where the Prime Minister so appointed fails to secure a vote of confidence pursuant to clause (4), the President shall appoint as the Prime Minister the leader of the parliamentary party which has the highest number of members in the House of Representatives. 42  www.lawcommission.gov.np (4) The Prime Minister appointed pursuant to clause (2) or (3) shall be required to secure the vote of confidence from the House of Representatives within thirty days after the date of such appointment. (5) In cases where the Prime Minister appointed pursuant to clause (3) fails to secure the vote of confidence pursuant to clause (4) and any member referred to in clause (2) presents a ground on which he or she is able to secure the vote of confidence in the House of Representatives, the President shall appoint such member as the Prime Minister. (6) The Prime Minister appointed pursuant to clause (5) shall be required to secure the vote of confidence pursuant to clause (4). (7) In cases where the Prime Minister appointed pursuant to clause (5) fails to secure a vote of confidence or the Prime Minister cannot be appointed, the President shall, on the recommendation of the Prime Minister, dissolve the House of Representatives and appoint a date of election so that the election to another House of Representatives is completed within six months. (8) Procedures as to the appointment of the Prime Minister under this Article shall be required to be completed within thirty-five days after the date of declaration of the final results of election to the House of Representatives held under this Constitution or the date on which the office of the Prime Minister has fallen vacant. (9) The President shall, on recommendation of the Prime Minister, constitute the Council of Ministers comprising a maximum of twenty-five Ministers including the Prime Minister, in accordance with the inclusive principle, from amongst the members of the Federal Parliament. Explanation: For the purposes of this Article, "Minister" means a Deputy Prime Minister, Minister, Minister of State and Assistant Minister. (10) The Prime Minister and Ministers shall be collectively responsible to the Federal Parliament, and the Ministers shall be individually responsible for the business of their respective Ministries to the Prime Minister and the Federal Parliament. 77. Vacation of Office of Prime Minister and Minister: (1) The office of the Prime Minister shall fall vacant in any of the following circumstances: - 43  www.lawcommission.gov.np (a) In case he or she tenders resignation in writing to the President; (b) In case a resolution of confidence is not adopted or a resolution of no confidence is adopted against him or her pursuant to Article 100; (c) In case he or she ceases to be a member of the House of Representatives; (d) In case he or she dies. (2) The office of a Minister shall fall vacant in any of the following circumstances: - (a) In case he or she tenders resignation in writing to the Prime Minister; (b) In case the Prime Minister removes him or her from the office; (c) In case the office of Prime Minister falls vacant pursuant to sub- clause (a), (b) or (c) of clause (1); (d) In case he or she dies. (3) In case the office of Prime Minister falls vacant pursuant to clause (1), the same Council of Ministers shall continue to act until another Council of Ministers is constituted. Provided that in case the Prime Minister dies, the senior-most Minister shall act as the Prime Minister until a new Prime Minister is appointed. 78. Non-Member of Federal Parliament to become Minister: (1) Notwithstanding anything contained in clause (9) of Article 76, the President may, on the recommendation of the Prime Minister, appoint a person who is not a member of the Federal Parliament as a Minister (2) A Minister appointed pursuant to clause (1) shall be required to become a member of the Federal Parliament within six months from the date of taking oath by him or her. (3) In the event of failure to obtain membership of the Federal Parliament within the period referred to in clause (2), he or she shall not be qualified to be reappointed to the office of Minister during the term of the then House of Representatives. 44  www.lawcommission.gov.np (4) Notwithstanding anything contained in clause (1), a person who has lost the election to the then House of Representatives shall not be eligible to be appointed to the office of Minister as referred to in clause (1) during the term of such House of Representatives. 79. Remuneration and other Facilities of Prime Minister and Ministers: The remuneration and other facilities of the Prime Minister and Ministers shall be as provided for in a Federal Act. It shall be as specified by the Government of Nepal until such Act is made. 80. Oath: The Prime Minister, Deputy Prime Minister and Ministers shall, prior to assuming their respective offices, take an oath of office and secrecy before the President, and Ministers of State and Assistant Ministers, before the Prime Minister, as provided for in the federal law. 81. To inform President: The Prime Minister shall inform the President on the following matters:- (a) Resolutions of the Council of Ministers; (b) Bills to be introduced in the Federal Parliament; (c) Such other necessary information as commanded by the President on matters set forth in clauses (a) and (b); and (d) Current general state of affairs of Nepal and matters concerning foreign relations. 82. Transaction of Business of Government of Nepal: (1) The business of the Government of Nepal shall be allocated and transacted in accordance with the rules approved by the Government of Nepal. (2) No question may be raised in any court as to whether or not the rules referred to in clause (1) have been observed. 45  www.lawcommission.gov.np Part-8 Federal Legislature 83. Federal Legislature: There shall be a Federal Legislature consisting of two Houses to be known as the House of Representatives and the National Assembly, which shall be called as the Federal Parliament. 84. Composition of House of Representatives: (1) The House of Representatives shall consist of a total of two hundred and seventy five members, as follows :- (a) One hundred and sixty-five members to be elected through the first past the post electoral system, with one being elected from each of one hundred and sixty-five election constituencies delimited in Nepal on the basis of population and geographical convenience and specificity; (b) One hundred and ten members to be elected through the proportional electoral system where voters vote for political parties, with the whole country being considered as a single election constituency. (2) The federal law shall provide that in filing candidacy by political parties for the election to the House of Representatives under the proportional electoral system, representation shall be ensured on the basis of a closed list also from women, Dalit, indigenous nationalities (Aadibasi Janajati) Khas Arya, Madhesi, Tharu, Muslims and backward regions, on the basis of population. In so filing candidacy, regard shall also be had to geography and regional balance. Explanation: For the purposes of this clause, "Khas Arya" means Kshetri, Brahmin, Thakuri, Sanyasi (Dashnami) communities. (3) In filing candidacy pursuant to clause (2), political parties shall provide for representation of the persons with disabilities as well. (4) Election to the House of Representatives referred to in clause (1) shall be held through secret ballots in accordance with law.  Amended by the First Amendment. 46  www.lawcommission.gov.np (5) Each citizen of Nepal who has completed the age of eighteen years shall have the right to vote in any one election constituency as provided for in the federal law. (6) A person who is qualified pursuant to Article 87 and entitled to vote in an election to the members of the House of Representatives may, subject to the federal law, be a candidate in any election constituency. Provided that a person shall not be a candidate in more than one election constituencies at the same time. (7) In case the seat of any member of the House of Representatives falls vacant while its term still remains for more than six months, the vacancy shall be fulfilled in the same manner of electoral system as in which such seat was fulfilled. (8) Notwithstanding anything contained elsewhere in this Part, at least one third of the total number of members elected from each political party representing in the Federal Parliament shall be women. In case women are not so elected as to constitute one third of the elected members of any political party pursuant to sub- clause (a) of clause (1) and sub-clause (a) of clause (2) of Article 86, such political party must, in electing members under sub-clause (b) of clause (1), so elect that women members constitute at least one third of the total number of members elected to the Federal Parliament from that party. (9) Election to the House of Representatives and other matters pertaining thereto shall be as provided for in the federal law. 85. Term of House of Representatives: (1) Unless dissolved earlier in accordance with this Constitution, the term of the House of Representati