Part-30 Emergency Power

Part-30 Emergency Power

Emergency Power

273. Emergency power:

(1) If a grave emergency arises in regard to the sovereignty,
territorial integrity of Nepal or the security of any part thereof, by war, external
aggression, armed rebellion, extreme economic disarray, natural calamity or
epidemic, the President may declare or order a state of emergency in respect of the
whole of Nepal or of any specified part thereof.

(2) Notwithstanding anything contained in clause (1), if there arises a
grave emergency in a State by a natural calamity or epidemic, the concerned State
Government may request the Government of Nepal to declare or order a state of
emergency in respect of the whole of the State or of any specified part thereof, in
accordance with this Article.

(3) Every declaration or order made in accordance with clause (1) shall be laid before both Houses of the Federal Parliament for approval within one month after the date of issuance of such proclamation or order.

(4) If a declaration or order laid for approval in accordance with clause (3) is approved by at least two-thirds majority of the total number of the then members of both Houses of the Federal Parliament, the declaration or order shall continue in force for a period of three months from the date of its issuance.

(5) If a declaration or order laid for approval in accordance with clause (4) is not approved in accordance with clause (3), the declaration or order shall ipso facto be inoperative.

(6) Notwithstanding anything contained elsewhere in this Article, prior to expiration of the period mentioned in clause (4), a motion to extend the period of the declaration or order of state of emergency as mentioned in clause (1) for another period not exceeding three months may be submitted to the Federal Parliament.

(7) If a motion mentioned in clause (6) is passed by at least two-thirds
majority of the total number of the then members of both Houses of the Federal
Parliament, the declaration or order shall continue in force for the period
mentioned in that motion.

(8) In the event of dissolution of the House of Representatives, the
powers exercisable by the Federal Parliament in accordance with clauses (3), (4),
(6) and (7) shall be exercised by the National Assembly.

(9) After the making of a declaration or order of a state of emergency in
accordance with clause (1), the President may issue such orders as are necessary to
meet the exigencies. Orders so issued shall apply as of law so long as the state of
emergency is in operation.

(10) At the time of making a declaration or order of a state of emergency
in accordance with clause (9), the fundamental rights as provided in Part-3 may be
suspended until the declaration or order is in operation.
Provided that Article 16, sub-clauses (c) and (d) of clause (2) of Article 17,
Article 18, clause (2) of Article 19, Articles 20, 21, 22 and 24, clause (1) of Article
26, Articles 29, 30, 31, 32, 35, clauses (1) and (2) of Article 36, Articles 38 and
39, clauses (2) and (3) of Article 40, Articles 41, 42, 43 and 45,the right to
constitutional remedy in relation to such Articles pursuant to Article 46 and the
right to the remedy of habeas corpus shall not be suspended.

(11) If any Article of this Constitution is suspended pursuant to clause

(10), no petition may lie in any court for the enforcement of the fundamental right
conferred by that Article nor may a question be raised in any Court in that respect.

(12) If, during the continuance of a declaration or order under this
Article, any injury is caused to a person from any act done by any official in bad
faith, the victim may, within three months from the date of termination of that
declaration or order, file a petition for compensation for such injury. If such
petition is made, the court may order for compensation by, and punish, the
perpetrator as provided for in the Federal law

(13) The President may, at any time, withdraw a declaration or order of a
state of emergency made in accordance with this Article.