Part-7 Federal Executive

Part-7 Federal Executive

Federal Executive

74. Form of government:

The form of government of Nepal shall be multi-party,
competitive, federal, democratic, republican, parliamentary form of government
based on pluralism
.

5. Executive power:

(1) The executive power of Nepal shall, pursuant to 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 a parliamentary party that commands 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 under clause (1), the President shall appoint as the Prime Minister
a member of the House of Representatives who can command majority with the
support of two or more parties representing to the House of Representatives.


(3) In cases where Prime Minister cannot be appointed under clause (2)
no later than thirty days after the date of declaration of the final results of election
to the House of Representatives or the Prime Minister so appointed fails to secure
a vote of confidence under clause (4), the President shall appoint as the Prime


Minister the parliamentary party leader of the party which has the highest number
of members in the House of Representatives.


(4) The Prime Minister appointed under clause (2) or (3) shall obtain a
vote of confidence from the House of Representatives no later than thirty days
after the date of such appointment.


(5) In cases where the Prime Minister appointed under clause (3) fails to
obtain a vote of confidence under clause (4) and any member under clause (2)
presents a ground on which he or she can obtain a vote of confidence in the House
of Representatives, the President shall appoint such member as the Prime Minister.


(6) The Prime Minister appointed under clause (5) must obtain a vote of
confidence under clause (4).


(7) In cases where the Prime Minister appointed under clause (5) fails to
obtain a vote of confidence or the Prime Minister cannot be appointed, the
President shall, on 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 on the appointment of the Prime Minister under this
Article must be completed no later than 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

work 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 be vacant in any of the following circumstances:

(a) if he or she tenders resignation in writing to the President,
(b) if a vote of confidence is not passed or a vote of no-confidence is
passed against him or her under Article 100,
(c) if he or she ceases to be a member of the House of Representatives,
(d) if he or she dies.


(2) The office of a Minister shall be vacant in any of the following
circumstances:

(a) if he or she tenders resignation in writing to the Prime Minister,
(b) if the Prime Minister removes him or her from office,
(c) if the office of Prime Minister falls vacant under sub-clause (a), (b)
or (c) of clause (1),
(d) if he or she dies.

(3) If the office of Prime Minister falls vacant under clause (1), the same
Council of Ministers shall continue to act until another Council of Ministers is
constituted.Provided that if 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 Parliamentto be Minister:

(1) Notwithstanding
anything contained in clause (9) of Article 76, the President may, on
recommendation of the Prime Minister, appoint a person who is not a member of
the Federal Parliament as a Minister


(2) A Minister appointed under clause (1) must obtain membership 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 mentioned 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.


(4) Notwithstanding anything contained in clause (1), a person who has
been defeated in the election to the then House of Representatives shall not be
qualified to be appointed to the office of Minister as mentioned 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 the Federal Act, and 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 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, prior to
assuming their respective offices.


81. To inform President: The Prime Minister shall inform the President about 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 the country 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
under clause (1) have been observed
 .