Part-8 Federal Legislature

Part-8 Federal Legislature

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
election constituency of one hundred and sixty five election
constituencies delimited in the country on the basis of geography
and population,

(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 fielding 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 peoples, Khas Arya, Madhesi, Tharu, Muslims and
backward regions, on the basis of population. In so fielding candidacy, regard
shall also be had to geography and territorial balance.
Explanation: For the purposes of this clause, “Khas Arya” means Kshetri,
Brahmin, Thakuri, Sanyasi (Dashnami) community.

(3) In fielding candidacy under clause (2), political parties shall provide
for representation of the persons with disabilities as well.

(4) Election to the House of Representatives under clause (1) shall be
held through secret ballots in accordance with law.

(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 under 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) If 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
filled in the same manner of electoral system as in which such seat was filled in.

(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 must be women. If women are not so
elected as to constitute one third of the elected members of any political party
under 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 pursuant to this
Constitution, the term of the House of Representatives shall be five years.

(2) Notwithstanding anything contained in clause (1), the term of the
House of Representatives may be extended by a Federal 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 House of Representatives extended under clause (2)
shall ipso facto expire upon the expiry of six months from the date of voidance of
the proclamation or order of the state of emergency.

86. Composition of National Assembly and term of office of its members: (1) The
National Assembly shall be a permanent House.

(2) The National Assembly shall consist of fifty nine members as
follows:
(a) fifty six elected members consisting of at least three women, one
Dalit and one from persons with disabilities or minorities, from each
State by an electoral college composed of members of the State
Assembly, chairpersons and vice-chairpersons of the Village Bodies,
and Mayors and Deputy-Mayors of the Municipalities, with different
weight age of vote by members of the State Assembly, chairpersons
and vice-chairpersons of the Village Bodies, and Mayors and
Deputy-Mayors of the Municipalities, as provided for inthe Federal
law,
(b) Three members consisting of at least one woman nominated by the
President on recommendation of the Government of Nepal.

(3) The term of office of the members of the National Assembly shall be
six years. The term of office of one third of the members of the National Assembly
shall expire in every two years.
Provided that, for the first time, after the commencement of this
Constitution, arrangements shall be made by drawing lots to retire one-third of the
members on the expiry of two years, another one-third on the expiry of four years,
and the final one-third on the expiry of six years.
(4) In computing the term of office of the members of the National
Assembly for the first time after the commencement of this Constitution, the term

of office of all members shall be deemed to have commenced on the day on which
the first session of the National Assembly is held.

(5) Any vacancy of seat in the National Assembly shall be filled for the
remainder of the term of office in the same manner of election or nomination as in
which the seat of the vacating member was filled.

(6) Other matters relating to election to the members of the National
Assembly shall be as provided for in the Federal law.

87. Qualification for member :(1) A person who has the following qualification shall
be qualified to become a member of the Federal Parliament:
(a) being a citizen of Nepal,
(b) having completed the age of twenty five years, for the House of
Representatives, and the age of thirty five years, for the National
Assembly,
(c) not having been convicted of a criminal offense involving moral
turpitude,
(d) not being disqualified by any Federal law, and
(e) 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) No person may be a member of both Houses at the same time.
(3) If a person who holds a political office to be filled by way of
election, nomination or appointment is elected or nominated as a member of the
Federal Parliament under this Part, his or her such office shall ipso facto be vacant
from the day on which he or she takes an oath of office of member of the Federal
Parliament.

88. Oath: Every member of each House of the Federal Parliament must, before taking
part for the first time in the session of the House or any of its committees, take an
oath as provided for in the Federal law.

89. Vacation of seat: The seat of a member of the Federal Parliament shall become
vacant in any of the following circumstances:

(a) if he or she tenders resignation in writing before the Speaker or
Chairperson,
(b) if he or she is no longer qualified or ceases to possess the
qualification under Article 87,
(c) if the term of the House of Representatives or the term of office of
the member of the National Assembly expires,
(d) if he or she absents himself or herself from ten consecutive
meetings, without giving notice to the concerned House,
(e) if the political party of which he or she was a member when elected
provides a notification in accordance with the Federal law that he or
she has defected from the party,
(f) if he or she dies.

90. Decision as to disqualification of member: If a question arises as to whether any
member of the Federal Parliament is disqualified or has become disqualified under
Article 87, the Constitutional Bench of the Supreme Court shall finally decide that
question.

91. Speaker and Deputy Speaker of House of Representatives:

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

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

(3) If the office of the Speaker or the Deputy Speaker falls vacant,the
members of the House of Representatives shall fill the vacancy by electing the
Speaker or Deputy Speaker from amongst themselves.

(4) The Deputy Speaker shall, in the absence of the Speaker, chairthe
House of Representatives.

(5) If election to the Speaker and the Deputy Speaker is not held or if
both the positions become vacant, the attending member who is by age the seniormost
shall chair the meeting of the House of Representatives.

(6) The office of the Speaker or Deputy Speaker of the House of
Representatives shall become vacant in any of the following circumstances:

(a) if he or she ceases to be a member of the House of Representatives,
Provided that, in the event of dissolution of the House of
Representatives, the Speaker and the Deputy Speaker of the House
of Representatives holding their respective offices shall continue in
office until the previous day of the filing of nominations for another
election to the House of Representatives,

(b) if he or she tenders resignation in writing,

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

(7) The Vice-Chairperson of the National Assembly shall chair a
meeting at which deliberations are to be held on a resolution that the conduct of
the Chairperson of the National Assembly is not compatible with his or her office.
The Chairperson of the National Assembly may take part and vote in the
deliberations on such resolution.

93. Summoning and prorogation of session: (1) The President shall summon a
session of the Federal Parliament within thirty days of the declaration of final
results of the election to the House of Representatives. Thereafter, the President
shall, from time to time, summon sessions of both or either of the Houses pursuant
to this Constitution.
Provided that the interval between the two consecutive sessions shall not
exceed six months.
(2) The President may prorogue the sessions of both or either of the
Houses of the Federal Parliament.
(3) If, during the prorogation or recess of the session of the House of
Representatives, one-fourth of the total number of its members write a petition that
it is desirable to convene a session or meeting, the President shall specify the date
and time for such session or meeting. The House of Representatives shall meet or
commence its session at the date and time so specified.
94. Quorum: Except as otherwise provided in this Constitution, no question or
resolution shall be presented for decision in a meeting of either House of the
Federal Parliament unless one-fourth of the total number of its members are
present.
95. Address by President:

(1) The President may address either a meeting of any
House or a joint sitting of both Houses of the Federal Parliament, and summon the
members for that purpose.

(2) The President shall address the first session after election to the
House of Representatives and a joint sitting of both Houses of the Federal
Parliament after the commencement of the first session of each year.

96. Deputy Prime Minister, Minister, Minister of State and Assistant Minister
entitled to take part in both Houses: The Deputy Prime Minister, Minister,
Minister of State and Assistant Minister shall be entitled to attend and take part in
the proceedings and deliberations of either House of the Federal Parliament or its
committees.
Provided that he or she shall not be entitled to vote in a House or its
committee of which he or she is not a member.

97. Formation of committees:

(1) The House of Representatives and the National
Assembly may form committees as provided for in the Federal law.
(2) If a resolution is passed by either House demanding that a joint
committee of both the Houses be formed for the purpose of managing the working
procedures between the two Houses of the Federal Parliament, resolving
disagreement on any Bill or for any other specified function, the joint committee
shall be formed. The joint committee shall consist of a maximum of twenty five
members in the ratio of five members from the House of Representatives to one
member from the National Assembly on the basis of inclusion.

98. Transaction of business in case of vacancy in seat of member: Either House of
the Federal Parliament shall have the power to transact its business
notwithstanding any vacancy in the seat of its member. No proceedings of either
House of the Federal Parliament shall become invalid even if it is subsequently
discovered that a person who was not so entitled took part in such proceedings. 99. Voting: Except as otherwise provided in this Constitution, any motions submitted
for decision in either House of the Federal Parliament shall be decided by a
majority vote of the members present and voting. The member chairing the
meeting shall not have the right to vote.
Provided that he or she may cast vote in the case of a tie.

100. Provisions relating to vote of confidence and motion of no-confidence: (1) The
Prime Minister may, whenever he or she considers necessary or appropriate to
show that he or she has confidence from the House of Representatives, table a
motion to that effect in the House of Representatives for the vote of confidence.
(2) If the political party which the Prime Minister represents is divided
or a political party in coalition government withdraws its support, the Prime
Minister shall table a motion in the House of Representatives for a vote of
confidence within thirty days.
(3) If a motion tabled under clauses (1) and (2) is not passed by a
majority of the total number of the then members of the House of Representatives,
the Prime Minister shall relieve of his or her office.
(4) One-fourth of the total number of the then members of the House of
Representatives may table a motion of no-confidence in writing that the House has
no confidence in the Prime Minister.
Provided that a motion of no confidence shall not be tabled until the first
two years after the appointment of the Prime 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 the Prime Minister.
(6) If a motion of no confidence tabled under clause (4) is passed by a
majority of the total number of the then members of the House of Representatives,
the Prime Minister shall relieve of his or her office.

(7) If the office of Prime Minister falls vacant because of the passage of
a motion of no confidence under clause (6), the President shall, in accordance with
Article 76, appoint as the Prime Minister the member of the House of
Representatives proposed under clause (5).
101. Impeachment:

(1) One fourth of the total number of the then members of the
House of Representatives may move a motion of impeachment against the
President or Vice-President on the ground of serious violation of this Constitution
and the Federal law. If the motion is passed by at least two thirds majority of the
total number of the then members of both Houses of the Federal Parliament, he or
she shall relive of his or her office.

(2) One fourth of the total number of the then members of the House of
Representatives may move a motion of impeachment against the Chief Justice of
Nepal or a Judge of the Supreme Court, member of the Judicial Council, chief or
official of a Constitutional Body on the ground of his or her failure to fulfil his or
her duties of office because of serious violation of this Constitution and law,
incompetence or misconduct or failure to discharge the duties of office honestly or
serious violation of the code of conduct. If the motion is passed by at least two
thirds majority of the total number of the then members of the House of
Representatives, the concerned person shall relieve of his or her office.

(3) There shall be an impeachment recommendation committee in the
House of Representatives for the purpose of making recommendation after
inquiring into whether there exist the ground and reason for moving a motion of
impeachment against any person under clause (2).
(4) The committee under clause (3) shall consist of eleven members of
the House of Representatives.
(5) If at least three members of the House of Representatives certify and
submit a petition that the received information, notice or petition is admissible on
the ground of serious violation of the Constitution or incompetence or misconduct
or failure to discharge the duties of office honestly or serious violation of the code
of conduct by the person relieving of office on impeachment under clause (2), and
the committee under clause (3), upon inquiring into such petition in accordance
with Federal law, makes recommendation to the House of Representatives for
impeachment proceedings, a motion of impeachment under clause (2) may be
moved.

(6) After the commencement of impeachment proceedings under clause
(2), the Chief Justice of Nepal or Judge of the Supreme Court, member of the
Judicial Council, chief or official of the Constitutional Body shall not be allowed
to discharge the duties of his or her office pending the settlement of such
proceedings.

(7) A person who is charged with impeachment under clause (1) or (2)
shall be provided with a reasonable opportunity to defend himself or herself.
(8) Nothing shall bar the taking of action under the Federal law in
relation to the offence, if any, committed while in office by the President or VicePresident,
Chief Justice of Nepal or a Judge of the Supreme Court of Nepal,
member of the Judicial Council, chief or official of a Constitutional Body who is
relieved of office upon the passage of a motion of impeachment under this Article.

(9) A person who is relieved of office on the passage of a motion of
impeachment under clause (1) or (2) shall not be entitled to obtain any facility
accruing from such office and to be appointed or nominated to any public office
in the future.

(10) Other matters relating to impeachment shall be as provided for in the
Federal law.

102. Penalty for unauthorized presence or voting: If a person who has not taken oath
under Article 88 or who is not a member of the Federal Parliament is present or
votes in the capacity of member in a meeting of either House of the Federal
Parliament or of its committee, the person shall, by order of the person chairingthe meeting, be fined with a sum of five thousand rupees for each instance of such presence or voting, and such fine shall be recovered as a government due.
103. Privileges:

(1) There shall be full freedom of speech in both Houses of the Federal
Parliament; 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 House.

(2) Each House of the Federal Parliament shall, subject to this
Constitution, have full power to regulate and decide its internal business, and the
concerned House shall have the exclusive right 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 any House of the Federal Parliament, 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 House than the
members of the Federal Parliament.

(5) No proceedings shall be initiated in any court against any person in
respect of the publication, under the authority granted by any House of the Federal
Parliament, of any document, report, vote or proceeding.

Explanation: For the purposes of this clause and clauses (1), (2), (3) and (4),
“House” means the House of Representatives or the National Assembly, and
includes a joint sitting or committee or joint committee of the Federal Parliament.

(6) No member of the Federal Parliament shall 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 bar the arresting
under the Federal 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 concerned House.

(7) Any breach of the privileges shall be deemed to constitute contempt
of the Federal Parliament, and the concerned House shall have the exclusive right
to decide whether any privilege has been breached.

(8) If any person is in contempt of any House, the person presiding over
the concerned House may, after a decision by the House 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, andsuch fine shall
be recovered as a government due.
Provided that if such person apologies to the satisfaction of the concerned
House, it may pardon, remit or commute the sentence imposed on, him or her.
(9) Other matters relating to the privileges of the Federal Parliament
shall be as provided for in the Federal law.
104. Procedures relating to conduct of business: (1) Each House of the Federal
Parliament shall frame rules to conduct its business, maintain order during its
meetings and regulate the constitution, functions and procedures of the committees
and procedures of the House or its committee. Until such rules are framed, the
Federal Parliament shall regulate its procedures on its own.
(2) The conduct of business of the joint sitting of the Federal
Parliament, and constitution and proceedings of the joint committee of the Federal
Parliament shall be regulated by the rules or procedures approved by the joint
sitting of both Houses of the Federal Parliament.

105. Restriction on discussion: No discussion shall be held in either House of the
Federal Parliament on any matters that may cause adverse effect on the
dispensation of justice on any cases which are sub judice in any courts of Nepaland on any judicial acts done by Judges in the course of performance of theirduties.
Provided that nothing in this Article shall be deemed to bar the expression
of opinions about the conduct of a Judge during deliberations held on a motion of
impeachment.

106. Secretary General and Secretary of Federal Parliament:

(1) The President
shall appoint the Secretary General of the House of Representatives on
recommendation of both the Speaker of the House of Representatives and the
Chairperson of the National Assembly, the Secretary of the House of
Representatives on recommendation of the Speaker, and the Secretary of the
National Assembly on recommendation of the Chairperson.

(2) The qualification, functions, duties, powers and other conditions of
service of the Secretary General of the Federal Parliament, Secretary of the House
of Representatives and Secretary of the National Assembly shall be as provided
for in the Federal law.

107. Secretariat of Federal Parliament: There shall be a Secretariat for conducting
and managing the business of the Federal Parliament. The establishment of such
Secretariat and other matters related thereto shall be as provided for in the Federal
law.

108. Remuneration: The remuneration and facilities of the Speaker and the Deputy
Speaker of the House of Representatives, the Chairperson and the ViceChairperson
of the National Assembly, chairpersons of the committees andmembers of the Federal Parliament shall be as provided for in the Federal law, and as specified by the Government of Nepal until such law is made