Part-28 Provisions Relating to National Security

Part-28 Provisions Relating to National Security

Provisions Relating to National Security
266. National Security Council:

(1) There shall be a National Security Council for
making recommendation to the Government of Nepal, Council of Ministers for the
formulation of a policy on overall national interest, security and defence of Nepal,
and for the mobilization and control of the Nepal Army, which shall consist of the
following as the Chairperson and members:

(a) The Prime Minister -Chairperson
(b) Minister for Defence, Government of Nepal -Member
(c) Minister for Home, Government of Nepal -Member
(d) Minister for Foreign Affairs, Government of Nepal -Member
(e) Minister for Finance, Government of Nepal -Member
(f) Chief Secretary of Government of Nepal -Member
(g) Commander-in-Chief, Nepal Army -Member

(2) The secretary at the Ministry of Defence shall act as the member
secretary of the National Security Council.

(3) The National Security Council shall submit its annual report to the
President, and the President shall cause the report to be laid through the Prime
Minister before the Federal Parliament.

(4) Other matters relating to the National Security Council shall be as
provided by the Federal law.

267. Provisions relating to Nepal Army:

(1) There shall be an organization of the
Nepal Army in Nepal, which is inclusive and committed to this Constitution, for
the safeguarding of independence, sovereignty, territorial integrity and national
unity of Nepal.

(2) The President shall be the supreme commander-in-chief of the Nepal
Army.

(3) Entry of women,Dalit, indigenous people, indigenous
nationalities,Khas Arya, Madhesi, Tharu, Pichhada class and backward region
citizens into the Nepal Army shall, on the basis of principles of equality and
inclusion, be ensured by the Federal law.

(4) The Government of Nepal may also mobilize the Nepal Army in
other works including development, construction and disaster management works,
as provided for in the Federal law.

(5) The President shall, on recommendation of the Council of Ministers,
appoint the Commander-in-Chief and remove him or her from office.

(6) The President shall, on recommendation of the National Security
Council and pursuant to a decision of the Government of Nepal, Council of
Ministers, declare the mobilization of the Nepal Army in cases where a grave
emergency arises in regard to the sovereignty or territorial integrity of Nepal or the
security of any part thereof, by war, external aggression, armed rebellion or
extreme economic disarray. A declaration of the mobilization of the Nepal Army
must be ratified by the House of Representatives within one month after the date
of such declaration.

(7) Other matters pertaining to the Nepal Army shall be in accordance
with law.

268. Provisions Relating to Nepal Police, Armed Police Force, Nepal and National
Investigation Department:

(1) The Federation shall have Nepal Police, Armed
Police Force, Nepal and National Investigation Department.

(2) Each State shall have a State police organization.

(3) Matters relating to the Operation, supervision and coordination of
functions to be discharged by the Nepal Police and the State police shall be as
provided for in the Federal law.

(4) Other matters relating to the Nepal Police, Armed Police Force,
Nepal and National Investigation Department shall be as provided by the Federal
law.