Part-6 President and Vice-President

Part-6 President and Vice-President

President and Vice-President

61. President:

(1) There shall be a President of Nepal.

(2) The President shall be the head of state of Nepal. He or she shall
perform his or her functions in accordance with this Constitution and theFederal
law.

(3) The President shall promote the national unity of Nepal.

(4) The main duty of the President shall be to abide by and protect this
Constitution.

62. Election of President:

(1) The President shall be elected by an electoral college
composed of the members of the Federal Parliament and of the State Assemblies.
The voting weight age of the members of the Federal Parliament and of the State
Assemblies shall vary as provided for in the Federal law.

(2) Notwithstanding anything contained in clause (1), nothing shall be
deemed to bar the formation of an electoral college for the purpose of election to
the President by the sole reason that election to the State Assembly has not been
held in any State.

(3) A person who secures a majority of the then existing total votes of
the electoral college under clause (1) shall be elected as the President.

(4) If none of the candidates secures a majority under clause (3), there
shall be voting between the two candidates who have secured the highest number
of votes, and a candidate who secures more than fifty percent of the total votes in
such a voting shall be elected as the President.

(5) If none of the candidates secures more than fifty percent of the total
votes even in the voting under clause (4), re-voting shall be held. A candidate who
secures a majority of the total valid votes cast in such voting shall be elected as the
President.

(6) If a person who holds a political office to be filled by way of
election, nomination or appointment is appointed as the President under this
Article, his or her such office shall ipso facto be vacant.

(7) Election to the President and other matters related thereto shall be as
provided for in the Federal law.

63. Term of office of President:

(1) The term of office of the President shall be five
years from the date on which he or she is so elected.

(2) The President whose term of office under clause (1) has expired
shall continue to discharge the functions under this Constitution until another
elected President assumes his or her office.

64. Qualification for President:

(1) A person who has the following qualification
shall be qualified to become the President:
(a) being qualified to become a member of the Federal Parliament,
(b) having completed the age of at least forty five years, and
(c) not being disqualified by any law.
(2) Notwithstanding anything contained in clause (1), a person who has
already been elected twice as the President shall not become a candidate in the
election to the President.

65. Vacation of office of President:

The office of the President shall become vacant
in any of the following circumstances:

(a) if he or she tenders resignation in writing to the Vice-President,
(b) if a motion of impeachment against him or her is passed under
Article 101,
(c) if his or her term of office expires,
(d) If he or she dies.

66. Functions, duties and powers of President:

(1) The President shall exercise such
powers and perform such duties as conferred to him or her pursuant tothis
Constitution or a Federal law.

(2) In exercising the powers or duties under clause (1), the President
shall perform all other functions to be performed by him or her on
recommendation and with the consent of the Council of Ministers than those
functions specifically provided to be performed on recommendation of any body
or official under this Constitution or Federal Law. Such recommendation and
consent shall be submitted through the Prime Minister.

(3) Any decision or order to be issued in the name of the President under
clause (2) and other instrument of authorization pertaining thereto shall be
authenticated as provided for in the Federal law.

67. Vice-President:

(1) There shall be a Vice-president of Nepal.

(2) The functions to be performed by the President shall be performed
by the Vice-president during the absence of the President.

(3) If a person who holds a political office to be filled by way of
election, nomination or appointment is appointed as the Vice-president, his or her
such office shall ipso facto be vacant.

68. Vacation of office of Vice-president:

The office of the Vice-president shall
become vacant in any of the following circumstances:

(a) if he or she tenders resignation in writing to the President,

(b) if a motion of impeachment against him or her is passed under
Article 101,

(c) if his or her term of office expires,

(d) if he or she dies.

69. Other provisions relating to Vice-President:

Provisions relating to the
qualification, procedures of election and term of office of the Vice-President shall
be the same as that of the President.

70. President and Vice-President to be from different sex or community: Election
to the President and the Vice-president under this Constitution shall be so made as
to have representation of different sex or community.

71. Oath by President and Vice-President: Prior to assuming their respective
offices, the President shall take an oath of office and secrecy before the Chief
Justice, and the Vice-President, before the President, as provided for in the Federal
law.

72. Remuneration and facilities of President and Vice-President: The remuneration
and other facilities of the President and the Vice-president shall be as provided for
in the Federal Act, and as specified by the Government of Nepal until such Act is
made.

73. Office of President and Vice-President: (1) There shall be separate offices for
the performance of the functions of the President and the Vice-President.

(2) The Government of Nepal shall make arrangements for employees
and other provisions as required to perform the functions of the offices under
clause (1)