Part-14 State Legislature

Part-14 State Legislature

State Legislature
175. State Legislature:

The legislature of a State shall be unicameral, which shall be
called as the State Assembly.

176. Composition of State Assembly:

(1) Each State Assembly shall consist of a
number of members, as follows:

(a) Members in a number that is twice as many as the number of
members elected to the House of Representatives from the
concerned State, through the first past the post electoral system,

(b) The number of members to be set under clause (a) shall be
considered to be sixty percent, and the rest forty percent members to
be elected, through the proportional electoral system.

(2) Election constituencies shall be set on the basis of geography and
population as provided for in the Federal law, for the election to members under
sub-clause (a) of clause (1).

(3) Sixty percent members of the State Assembly shall be elected in
accordance with the first past the post electoral system and the forty percent
members in accordance with the proportional electoral system.

(4) Election to the members of the State Assembly under clause (3) shall
be held through adult suffrage by secret ballots in accordance with law.

(5) Each citizen of Nepal who resides within the territory of the State
and who has completed the age of eighteen years shall have a right to vote in any
one election constituency in accordance with law.

(6) The Federal law shall provide that, in fielding candidacy by political
parties for the election to the State Assembly under the proportional electoral
system, representation shall be ensured on the basis of a closed list also from
women, Dalit, indigenous, indigenous nationalities, Khas Arya, Madhesi, Tharu,
Muslims and backward regions, minority communities, on the basis of population.

In so fielding candidacy, regard shall also be had to geographical balance of the
concerned State.

Explanation: For the purposes of this clause, “Khas Arya” means Kshetri,
Brahmin, Thakuri, Sanyasi (Dashnami) community.

(7) In fielding candidacy under clause (6), political parties must provide
for representation of the persons with disabilities as well.

(8) If the seat of a member of the State Assembly falls vacant while its
term still remains for more than six months, the vacancy shall be filled through the
same electoral system as through which such seat was filled in.

(9) Notwithstanding anything contained elsewhere in this Article, at
least one third of the total number of members elected from each political party
representing in the State Assembly must be women. If women are not so elected as
to constitute one third of the elected members of any political party under subclause
(a) of clause (1), such political party must, in electing members under subclause
(b) of that clause, so elect that women members constitute at least one third
of the total number of members elected to the State Assembly from that party.

(10) A person who is qualified under Article 178 and entitled to vote in
an election to the members of the State Assembly may, subject to law, be a
candidate in any election constituency of the State.
Provided that a person shall not be a candidate in more than one election
constituencies at the same time.

(11) Other provisions relating to election to the State Assembly shall be
as provided for in the Federal law.

177. Term of State Assembly:

(1) Unless dissolved earlier pursuant to this
Constitution, the term of the State Assembly shall be five years.

(2) Notwithstanding anything contained in clause (1), the term of the
State Assembly may be extended by a State Act for a period not exceeding one
year in cases where a proclamation or order of a state of emergency is in effect.

(3) The term of the State Assembly extended under clause (2) shall ipso
facto be terminated after the expiry of six months from the date of voidance of the
proclamation or order of the state of emergency in the concerned State.

178. Qualification for member of State Assembly:

(1) A person who has the
following qualification shall be qualified to become a member of the State
Assembly:
(a) being a citizen of Nepal,

(b) being a voter of the concerned State,

(c) having completed the age of twenty five years,

(d) not having been convicted of a criminal offense involving moral
turpitude,

(e) not being disqualified by any law, and

(f) not holding any office of profit.

Explanation: For the purposes of this clause, “office of profit” means any
position, other than a political position which is to be filled by election or
nomination, for which a remuneration or economic benefit is paid out of a
government fund.

(2) If a person who holds a political office to be filled by way of
election, nomination or appointment is elected as a member of the State Assembly
under this Part, his or her such office shall ipso facto be vacant with effect from
the day on which he or she takes an oath of such office.

179. Oath of member of State Assembly: Every member of the State Assembly must,
before taking part for the first time in the meeting of the Assembly or any of its
committees, take an oath as provided for in the State law.

180. Vacation of seat of member of State Assembly: The seat of a member of the
State Assembly shall become vacant in any of the following circumstances:

(a) if he or she tenders resignation in writing before the Speaker of the
State Assembly,

(b) if he or she is no longer qualified or ceases to possess the
qualification under Article 178,

(c) if the term of the State Assembly expires or it is dissolved,

(d) if he or she absents himself or herself from ten consecutive
meetings, without giving notice to the State Assembly,

(e) if the political party of which he or she was a member when elected
provides a notification as provided for in the Federal law that he or
she has defected from the party,

(f) If he or she dies.

181. Decision as to disqualification of member: If a question arises as to whether any
member of the State Assembly is disqualified or has ceased to possess any of the
qualifications under Article 178, the Constitutional Bench of the Supreme Court
shall make the final decision of such question.

182. Speaker and Deputy Speaker of State Assembly:

(1) The members of the State
Assembly shall, not later than fifteen days of the date of holding of the first
meeting of the State Assembly, elect a State Speaker and a Deputy State Speaker
from amongst themselves.

(2) Election under clause (1) shall be so held that there is one woman
out of the State Speaker and the Deputy State Speaker, and the State Speaker and
the Deputy State Speaker of the State Assembly shall be representatives from
different parties.Provided that if there is no representation of more than one party in the
State Assembly or no candidacy is filed by more than one party despite
representation, nothing shall prevent the members of the same party from being
the State Speaker and the Deputy State Speaker of the State Assembly.

(3) If the office of the State Speaker or the Deputy State Speaker falls
vacant, the members of the State Assembly shall fill the vacancy through election
to the State Speaker or the Deputy State Speaker from amongst themselves.

(4) The Deputy State Speaker shall, in the absence of the State Speaker
of the State Assembly, chair the State Assembly.

(5) If the election to the State Speaker and the Deputy State Speaker has
not taken place, or if both the positions have become vacant, the attending member
who is by age the senior-most shall chair the meeting of the State Assembly.

(6) The office of the State Speaker or the Deputy State Speaker of the
State Assembly shall become vacant in any of the following circumstances:
(a) if he or she ceases to be a member of the State Assembly,

Provided that, in the event of the dissolution of the State Assembly,
the State Speaker and the Deputy State Speaker of the State Assembly
holding their respective offices shall continue in office until the previous
day of the filing of nominations for another election to the State Assembly,
(b) if he or she resigns in writing,

(c) if a resolution is passed by a majority of two-thirds of the total
number of the then members of the State Assembly to the effect that
his or her conduct is not compatible with his or her office.

(7) The State Deputy Speaker shall preside over a meeting at which
deliberations are to be held on a motion that the conduct of the Speaker of the
State Assembly is not compatible with his or her office. The State Speaker shall be
entitled to take part and vote in the deliberations on such motion.

183. Summoning and prorogation of session of State Assembly:

(1) The Chief of
State shall summon a session of the State Assembly within twenty days of the
declaration of final results of the election to the State Assembly. Thereafter, the
Chief of State shall, from time to time, summon other sessions pursuant to this
Constitution.Provided that the interval between the two consecutive sessions shall not
exceed six months.

(2) The Chief of State may prorogue the sessions of the State Assembly.

(3) If, during the prorogation or recess of the session of the State
Assembly, one-fourth of the total number of its members make a petition that it is
expedient to convene a session or meeting, the Chief of State shall specify the date
and time for such session or meeting. The State Assembly shall meet or commence
its session at the date and time so specified.

184. Address by Chief of State:

(1) The Chief of State may address a sitting of the
State Assembly, and summon the members for that purpose.

(2) The Chief of State shall address the first session after an election to
the State Assembly and a sitting of the State Assembly after the commencement of
the first session of each year.

185. Quorum of State Assembly: Except as otherwise provided for in this
Constitution, no question or motion shall be presented for decision in the State
Assembly unless one-fourth of the total number of its members are present.

186. Voting in State Assembly: All questions submitted for decision in the State
Assembly shall be decided by a majority vote of the members present and
participate in voting. The member chairing the meeting shall not have the right to
vote.Provided that he or she may exercise his or her casting vote in the case of a
tie.

187. Privileges of State Assembly:

(1) There shall be full freedom of speech in the
State Assembly, subject to this Constitution, and no member shall be arrested,detained or prosecuted in any court for anything expressed or any vote cast by him
or her in the State Assembly.

(2) The State Assembly shall, subject to this Constitution, have full
power to regulate and decide its internal business, and it shall be the exclusive
right of the State Assembly to decide whether or not any of its proceedings is
regular or irregular. No question shall be raised in any court in this behalf.

(3) No comment shall be made about the good faith concerning any
proceeding of the State Assembly, and no publication and broadcasting of any
kind shall be made about anything said by any member, intentionally distorting or
misinterpreting the meaning of the speech.

(4) The provisions of clauses (1) and (3) shall also apply to other
persons who are entitled to participate in the meetings of the State Assembly than
the members of State Assembly.

(5) No proceedings shall be initiated in any court against any person in
respect of the publication, under the authority granted bythe State Assembly, of
any document, report, vote or proceeding.

Explanation: For the purposes of this clause and clauses (1), (2), (3) and
(4), “State Assembly” means and includes the meeting of a committee of the State
Assembly.

(6) No member of the State Assembly may be arrested during the period
from the issuance of a notice summoning the session to its prorogation.
Provided that nothing in this clause shall be deemed to prevent the arrest
under the law of any member on a criminal charge. If any member is so arrested,
the authority making such arrest shall forthwith give information thereof to the
person presiding over the State Assembly.

(7) Any breach of the privileges shall be deemed to constitute contempt
of the State Assembly, and the State Assembly shall have the exclusive right to
decide whether any breach of its privileges has taken place.

(8) If any person is in contempt of the State Assembly, the person
presiding over the State Assembly may, after a decision by the State Assembly to
that effect, admonish, warn or impose a sentence of imprisonment for a term not
exceeding three months or of a fine not exceeding ten thousand rupees on such
person, and such fine shall be recovered as a government due.
Provided that if such a person submits an apology to the satisfaction of the
State Assembly, it may either pardon him or her or remit or commute the sentence
imposed on him or her.

(9) Other matters relating to privileges of the State Assembly shall be as
provided in the State law.

188. Provisions relating to vote of confidence and motion of no-confidence:

(1) TheChief Minister may, whenever he or she considers necessary or appropriate to
show that he or she has confidence from the State Assembly, table a resolution to
that effect in the State Assembly for the vote of confidence.

(2) If the political party which the Chief Minister represents is divided
or a political party in coalition State Government withdraws its support, the Chief
Minister shall table a resolution in the State Assembly for a vote of confidence
within thirty days.

(3) If a resolution tabled under clauses (1) and (2) is not passed by a
majority of the total number of then members of the State Assembly, the Chief
Minister shall relieve of his or her office.

(4) One-fourth of the total number of then members of the State
Assembly may table in writing a motion of no-confidence against the Chief
Minister.Provided that a motion of no confidence may not be tabled until the first
two years after the appointment of the Chief Minister and until another one year
after the date of failure of the motion of no confidence once tabled.

(5) A motion of no confidence to be tabled under clause (4) shall also
indicate the name of a member proposed for Chief Minister.

(6) If a motion of no confidence tabled under clause (4) is passed by a
majority of the total number of then members of the State Assembly, the Chief
Minister shall relieve of his or her office.

(7) If the office of the Chief Minister falls vacant because of the passage
of a vote of no-confidence under clause (6), the Chief of State shall, in accordance
with Article 168, appoint as the Chief Minister the member of the State Assembly
proposed under clause (5).

189. Minister, Minister of State and Assistant Minister entitled to take part in
meetings of State Assembly: The Minister, Minister of State and Assistant
Minister shall be entitled to attend, and take part in the proceedings and
deliberations of, the State Assembly or its committees.
Provided that a Minister, Minister of State or Assistant Minister who is not
a member of the State Assembly shall not be entitled to vote in a meeting of the
State Assembly or its committee, and a Minister, Minister of State or Assistant
Minister shall not be entitled to vote in a meeting of a committee of which he or
she is not a member.

190. Penalty for unauthorized presence or voting in State Assembly: If a person
who has not taken oath under Article 179 or who is not a member of the State
Assembly is present or votes in a meeting of the State Assembly or of its
committee as a member, the person shall, by order of the person chairing the
meeting, be fined with a sum of five thousand rupees for each instance of such
presence or voting, and such a fine shall be recovered as a government due.
191. Restriction on discussion: No discussion shall be held in the State Assembly on
any matters that may cause adverse effect on the dispensation of justice on any
cases which are sub judice in any courts of Nepal and on any judicial acts done by
Judges in the course of performance of their duties.

192. Transaction of business in case of vacancy in seat of member: The State
Assembly shall have the power to transact its business notwithstanding any
vacancy in the seat of its member; and no proceedings of the State Assembly
already conducted shall become invalid even if it is subsequently discovered that a
person who was not so entitled took part in such proceedings.

193. Power of State Assembly to form committees: The State Assembly may, in
accordance with its rules, form committees or special committees, as required, in
order to manage its working procedures.

194. Procedures relating to conduct of business of State Assembly: The State Assembly
shall frame rules to conduct its business, maintain order during its meetings and
regulate the constitution, functions and procedures of, and other matters relating
to, its committees. Until such rules are framed, the State Assembly shall regulate
its procedures on its own.

195. Secretary and Secretariat of State Assembly:

(1) The Chief of State shall
appoint the Secretary of the State Assembly on recommendation of the Speaker of
State Assembly.

(2) There shall be a Secretariat for conducting and managing the
business of the State Assembly. The establishment of such Secretariat and other
matters related thereto shall be as provided for in the State law.

(3) The qualification, functions, duties, powers and other conditions of
service of the Secretary of the State Assembly shall be as provided for in the State
law.

196. Remuneration: The remuneration and facilities of the Speaker and the Deputy
Speaker of the State Assembly shall be as provided for in the State law, and as
specified by the State Government until such law is made.