chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Constitution of Nepal

Provided that the state may impose tax on the property of a person and tax on the income of a person in accordance with the principle of progressive taxation. Explanation: For the purpose of this Article, "property" means all kinds of property including movable and immovable property, and the term also denotes intellectual property.
(2) The state shall not acquire, take possession of, or create any right over any property of any person otherwise than for public interest. Provided that this sub-article shall not apply to property acquired unlawfully by any person.
(3) When the state acquires any property of any person for public interest under sub-article (2), the basis and procedure for compensation shall be according to law.
(4) Nothing in sub-articles (2) and (3) shall prevent the state from undertaking land reform, management, and regulation according to law for the purposes of increasing land production and productivity, modernizing and commercializing agriculture, preserving the environment, and promoting planned housing and urban development.
(5) Nothing in this Article shall prevent the state from using property acquired for public interest under sub-article (3) for another public interest instead of the original public interest. 26. Right to Religious Freedom: (1) Every person professing a religion shall have the freedom to adopt, practice, and preserve his/her religion according to his/her faith.
(2) Every religious denomination shall have the right to operate and preserve religious sites and religious trusts. Provided that nothing shall be deemed to prevent the making of laws for the regulation of the operation and preservation of religious sites and religious trusts, and the management of trust property and land.
(3) While exercising the right conferred by this Article, no person shall engage in or cause to engage in any activity contrary to public health, decency, and morality, or disruption of public peace, or convert someone from his/her religion, or do or cause to do any act or behavior that disturbs another's religion. Such an act shall be punishable according to law. 27. Right to Information: Every citizen shall have the right to request and obtain information on any matter of his/her own concern or of public concern. Provided that no person shall be compelled to provide information that must be kept confidential according to law. 28. Right to Privacy: The privacy of any person's body, residence, property, documents, data, correspondence, and character shall be inviolable except according to law. 29.
Constitution of Nepal

Provided that no person shall be compelled to provide information that must be kept confidential according to law. 28. Right to Privacy: The privacy of any person's body, residence, property, documents, data, correspondence, and character shall be inviolable except according to law. 29. Right against Exploitation: (1) Every person shall have the right against exploitation.
(2) No person shall be exploited in any manner on grounds of religion, custom, tradition, rite, practice, or any other basis.
(3) No person shall be trafficked, enslaved, or bonded.
(4) No person shall be compelled to work against his/her will. Provided that nothing shall be deemed to prevent the making of laws empowering the state to require citizens to perform compulsory service for public purposes.
(5) Acts contrary to sub-articles (3) and (4) shall be punishable according to law, and the victim shall have the right to compensation from the perpetrator according to law. 30. Right to Clean Environment: (1) Every citizen shall have the right to live in a clean and healthy environment.
(2) A victim of environmental pollution or degradation shall have the right to compensation from the polluter according to law.
(3) Nothing in this Article shall be deemed to prevent the making of necessary legal provisions for a proper balance between environment and development in development-related works of the nation. 31. Right relating to Education: (1) Every citizen shall have the right to access basic education.
(2) Every citizen shall have the right to receive education up to the basic level as compulsory and free of cost from the state, and up to the secondary level as free of cost.
(3) Citizens with disabilities and economically disadvantaged citizens shall have the right to free higher education according to law.
(4) Visually impaired citizens shall have the right to free education through Braille script, and citizens with hearing or speech-related disabilities shall have the right to free education through sign language according to law.
(5) Every Nepali community residing in Nepal shall have the right to receive education in its mother tongue and to open and operate schools and educational institutions for that purpose according to law. 32. Right to Language and Culture: (1) Every person and community shall have the right to use its language.
(2) Every person and community shall have the right to participate in the cultural life of its community.
(3) Every Nepali community residing in Nepal shall have the right to promote and preserve its language, script, culture, cultural civilization, and heritage. 33. Right to Employment: (1) Every citizen shall have the right to employment.
Constitution of Nepal

33. Right to Employment: (1) Every citizen shall have the right to employment. The terms and conditions of employment and unemployment assistance shall be according to federal law.
(2) Every citizen shall have the right to choose employment. 34. Right to Labour: (1) Every labourer shall have the right to proper labour practices. Explanation: For the purpose of this Article, "labourer" means a worker or labourer who performs physical or intellectual work for an employer in return for remuneration.
(2) Every labourer shall have the right to fair remuneration, facilities, and social security based on contribution.
(3) Every labourer shall have the right to form a trade union, participate in it, and engage in collective bargaining according to law. 35. Right relating to Health: (1) Every citizen shall have the right to receive basic health services free of cost from the state, and no person shall be denied emergency health services.
(2) Every person shall have the right to be informed about his/her health treatment.
(3) Every citizen shall have the right to equal access to health services.
(4) Every citizen shall have the right to access clean drinking water and sanitation. 36. Right relating to Food: (1) Every citizen shall have the right relating to food.
(2) Every citizen shall have the right to be protected from a situation where life is at risk due to lack of food items.
(3) Every citizen shall have the right to food sovereignty according to law. 37. Right to Housing: (1) Every citizen shall have the right to appropriate housing.
(2) No citizen shall be evicted from or have his/her residence owned by him/her encroached upon except according to law. 38. Right of Women: (1) Every woman shall have equal right to lineage without gender discrimination.
(2) Every woman shall have the right to safe motherhood and reproductive health.
(3) No woman shall be subjected to physical, mental, sexual, psychological, or any other kind of violence or exploitation on grounds of religious, social, cultural tradition, practice, or any other basis. Such an act shall be punishable according to law, and the victim shall have the right to compensation according to law.
(4) Women shall have the right to participate in all state bodies on the basis of the proportional inclusive principle.
(5) Women shall have the right to special opportunities in education, health, employment, and social security on the basis of positive discrimination.
(6) Both spouses shall have equal rights in property and family matters. 39.
Constitution of Nepal

39. Right of Children: (1) Every child shall have the right to naming and birth registration with his/her identity.
(2) Every child shall have the right to education, health, upbringing, proper care, sports, recreation, and overall personality development from the family and the state.
(3) Every child shall have the right to early childhood development and child participation.
(4) No child shall be employed in factories, mines, or other such hazardous work.
(5) No child shall be subjected to child marriage, illegal trafficking, abduction, or held hostage.
(6) No child shall be recruited or used in any army, police, or armed group, or subjected to ill-treatment, neglect, or physical, mental, sexual, or other forms of exploitation or improper use in the name of cultural or religious practices by any means or manner.
(7) No child shall be subjected to physical, mental, or any other kind of torture at home, school, or any other place and situation.
(8) Every child shall have the right to child-friendly justice.
(9) Destitute, orphaned, disabled, conflict-affected, displaced, and at-risk children shall have the right to special protection and facilities from the state.
(10) Acts contrary to sub-articles (4), (5), (6), and (7) shall be punishable according to law, and a child victim of such an act shall have the right to compensation from the perpetrator according to law. 40. Right of Dalits: (1) Dalits shall have the right to participate in all state bodies on the basis of the proportional inclusive principle. Special provisions shall be made according to law for the empowerment, representation, and participation of the Dalit community in public services and other employment sectors.
(2) Dalit students shall be provided free education with scholarships according to law from primary level up to higher education. Special provisions shall be made according to law for Dalits in technical and vocational higher education.
(3) Special provisions shall be made according to law to provide health and social security to the Dalit community.
(4) The Dalit community shall have the right to use, preserve, and develop its traditional profession, knowledge, skills, and technology. The state shall give priority to Dalits in modern professions related to their traditional professions and provide the necessary skills and resources for that purpose.
(5) The state shall provide land once to landless Dalits according to law.
(6) The state shall arrange for housing for houseless Dalits according to law.
(7) The facilities provided by this Article to the Dalit community shall be justly distributed so that Dalit women, men, and Dalits of all communities receive them proportionally. 41. Right of Senior Citizens: Senior citizens shall have the right to special protection and social security from the state. 42.
Constitution of Nepal

41. Right of Senior Citizens: Senior citizens shall have the right to special protection and social security from the state. 42. Right to Social Justice: Amended by the First Amendment.(1) Women, Dalits, indigenous nationalities, Madhesis, Tharus, Muslims, backward classes, minorities, marginalized groups, persons with disabilities, gender and sexual minorities, peasants, laborers, citizens of oppressed or backward regions, and economically disadvantaged Khas Arya, who are lagging behind economically, socially, or educationally, shall have the right to participate in state bodies on the basis of the proportional inclusive principle.
(2) Citizens of economically disadvantaged and endangered communities shall have the right to special opportunities and benefits in education, health, housing, employment, food, and social security for their protection, upliftment, empowerment, and development.
(3) Citizens with disabilities shall have the right to live a life of dignity and self-respect with recognition of diversity and equal access to public services and facilities.
(4) Every peasant shall have the right to access to land for agricultural work, and the right to choose and preserve local seeds and agricultural species traditionally used and adopted, according to law.
(5) The families of martyrs who sacrificed their lives during all people's movements, armed struggles, and revolutions for progressive democratic change in Nepal, families of disappeared persons, democracy fighters, conflict-affected and displaced persons, persons with disabilities, injured and victims shall have the right to justice and due respect, and to opportunities with priority in education, health, employment, housing, and social security according to law. 43. Right to Social Security: Economically disadvantaged, incapacitated and helpless, helpless single women, persons with disabilities, children, persons unable to care for themselves, and citizens of endangered ethnic groups shall have the right to social security according to law. 44. Right of Consumers: (1) Every consumer shall have the right to obtain quality goods and services.
(2) A person who has suffered damage from substandard goods or services shall have the right to compensation according to law. 45. Right against Exile: No citizen shall be exiled. 46. Right to Constitutional Remedy: For the enforcement of the rights conferred by this Part, the right to constitutional remedy as provided in Article 133 or 144 shall exist. 47. Implementation of Fundamental Rights: The state shall, as necessary, make legal provisions within three years of the commencement of this Constitution for the implementation of the rights conferred by this Part. 48. Duties of Citizens: The duties of every citizen shall be as follows:-
 (a) To be loyal to the nation and protect Nepal's nationality, sovereignty, and integrity,
 (b) To abide by the Constitution and the law,
 (c) To perform compulsory service as and when required by the state,
 (d) To protect and preserve public property.
Constitution of Nepal

Part-4

Directive Principles, Policies, and Obligations of the State

49. To Serve as Guidance: (1) The directive principles, policies, and obligations mentioned in this Part shall serve as guidance for the governance of the state.
(2) The state shall, as necessary, mobilize resources for the implementation of the principles, policies, and obligations mentioned in this Part. 50. Directive Principles: (1) The political objective of the state shall be to establish a welfare state system by maintaining a just system in all spheres of national life through the rule of law, values and norms of fundamental rights and human rights, gender equality, proportional inclusion, participation, and social justice, while prioritizing Nepal's independence, sovereignty, geographical integrity, and freedom, protecting citizens' person, property, equality, and liberty; to strengthen the federal democratic republican system by conducting relations between federal units based on cooperative federalism, internalizing the principle of proportionality in the governance system based on local autonomy and decentralization, and ensuring conditions for the enjoyment of democratic rights.
(2) The social and cultural objective of the state shall be to end all forms of discrimination, exploitation, and injustice based on religion, culture, rite, custom, tradition, practice, or any other grounds, build a civilized and equitable society, develop social and cultural values based on national pride, democracy, people's orientation, respect for labor, entrepreneurship, discipline, dignity, and tolerance, and strengthen national unity by maintaining social harmony, solidarity, and cohesion while respecting cultural diversity.
(3) The economic objective of the state shall be to achieve rapid economic growth through the maximum mobilization of available means and resources through the participation and development of the public, private, and cooperative sectors, achieve sustainable economic development, end economic inequality through the just distribution of attained achievements, build an exploitation-free society, and develop a socialist-oriented, independent, and prosperous economy by making the national economy self-reliant, independent, and progressive.
(4) The international relations of the state shall be directed towards protecting Nepal's independence, sovereignty, geographical integrity, freedom, and national interest, conducting international relations on the basis of sovereign equality, and enhancing national prestige in the world community. 51.
Constitution of Nepal

52. Duties of the State: It shall be the duty of the State to protect and promote fundamental rights and human rights, to follow the directive principles of the State, and to progressively implement the policies of the State, while keeping intact the freedom, sovereignty, territorial integrity and independence of Nepal, and to make Nepal prosperous and developed. 53. Submission of Report: The Government of Nepal shall submit an annual report to the President, including the work done and achievements made regarding the implementation of the directive principles, policies, and obligations of the State mentioned in this Part, and the President shall arrange to submit such report to the Federal Parliament through the Prime Minister. 54. Provision regarding Monitoring: There shall be a committee in the Federal Parliament in accordance with law to monitor and evaluate whether the progressive implementation of the directive principles, policies, and obligations of the State mentioned in this Part is carried out or not. 55. Matters not to be questioned in court: No question shall be raised in any court regarding the implementation or non-implementation of any matter written in this Part. Part-5

Structure of State and Distribution of State Power

56. Structure of State: (1) The basic structure of the Federal Democratic Republic of Nepal shall be of three levels: the Federation, the Province, and the Local Level.

(2) The state power of Nepal shall be exercised by the Federation, Province, and Local Level in accordance with this Constitution and law.

(3) At the time of commencement of this Constitution, there shall be Provinces consisting of the districts as mentioned in Schedule-4 existing in Nepal.

(4) Under the Local Level, there shall be Rural Municipalities, Municipalities, and District Assemblies. The number of wards in a Rural Municipality or Municipality shall be as provided for by Federal law.

(5) Special, protected, or autonomous regions may be created in accordance with Federal law for social-cultural protection or economic development.

(6) The Federation, Province, and Local Level shall protect Nepal's freedom, sovereignty, territorial integrity, independence, national interest, comprehensive development, multi-party competitive democratic republican federal system of governance, human rights and fundamental rights, rule of law, separation of powers and checks and balances, pluralism, equality-based equitable society, inclusive representation, and identity. 57.
Constitution of Nepal

57. Distribution of State Power: (1) The power of the Federation shall be vested in the matters listed in Schedule-5, and such power shall be exercised in accordance with this Constitution and Federal law.

(2) The power of the Province shall be vested in the matters listed in Schedule-6, and such power shall be exercised in accordance with this Constitution and Provincial law.

(3) The concurrent power of the Federation and the Province shall be vested in the matters listed in Schedule-7, and such power shall be exercised in accordance with this Constitution, Federal law, and Provincial law.

(4) The power of the Local Level shall be vested in the matters listed in Schedule-8, and such power shall be exercised in accordance with this Constitution and law made by the Village Assembly or Municipal Assembly.

(5) The concurrent power of the Federation, Province, and Local Level shall be vested in the matters listed in Schedule-9, and such power shall be exercised in accordance with this Constitution, Federal law, Provincial law, and law made by the Village Assembly or Municipal Assembly.

(6) When making law pursuant to sub-article (3) or (5), the Provincial Assembly, Village Assembly or Municipal Assembly shall make law not inconsistent with Federal law, and such law made by the Provincial Assembly, Village Assembly or Municipal Assembly shall be invalid to the extent of inconsistency with Federal law.

(7) When making law pursuant to sub-article (5), the Village Assembly or Municipal Assembly shall make law not inconsistent with Provincial law, and such law made by the Village Assembly or Municipal Assembly shall be invalid to the extent of inconsistency with Provincial law. 58. Residual Power: The Federation shall have power regarding matters not mentioned in the lists of power of the Federation, Province, or Local Level, or the concurrent list, or not specified as being exercised by any level in this Constitution, in accordance with this Constitution. 59. Exercise of Financial Power: (1) The Federation, Province, and Local Level shall make laws on matters relating to financial power within their respective jurisdiction, prepare annual budgets, make decisions, formulate policies and plans, and implement them.

(2) The Federation may make necessary policies, standards, and laws on matters in the concurrent list and other areas of financial power, applicable to the Province as well.

(3) The Federation, Province, and Local Level shall prepare their respective budgets, and the time for presenting the budget by the Province and Local Level shall be as provided for by Federal law.

(4) The Federation, Province, and Local Level shall make arrangements for the equitable distribution of benefits derived from the use or development of natural resources.
Constitution of Nepal

A certain portion of such benefits shall be distributed, in the form of royalties, services, or goods, to the project-affected area and local community in accordance with law.

(5) When the Federation, Province, and Local Level use natural resources, if the local community wishes to invest, priority shall be given for investment of a share as provided for by law, based on the nature and size of the investment.

(6) The right to take foreign assistance and loans shall vest in the Government of Nepal. Such assistance or loans shall be taken in a manner that ensures the macroeconomic stability of the country.

(7) Provisions relating to budget deficit management and other financial discipline of the Federation, Province, and Local Level shall be in accordance with Federal law. 60. Distribution of Revenue Sources: (1) The Federation, Province, and Local Level may levy taxes and collect revenue from sources within their respective financial jurisdictions. Provided that, in matters within the concurrent list and matters not falling within the list of any level, the provision for levying taxes and collecting revenue shall be as determined by the Government of Nepal.

(2) The Government of Nepal shall make arrangements for the equitable distribution of revenue collected by it to the Federation, Province, and Local Level.

(3) The amount of fiscal transfer receivable by the Province and Local Level shall be as recommended by the National Natural Resources and Finance Commission.

(4) The Government of Nepal shall distribute fiscal equalization grants to the Province and Local Level based on expenditure needs and revenue capacity.

(5) The Province shall distribute fiscal equalization grants from grants received from the Government of Nepal and revenue raised from its own sources to the subordinate Local Level, in accordance with Provincial law, based on expenditure needs and revenue capacity.

(6) Provisions relating to the distribution of conditional grants, matching grants, or special grants for other purposes provided by the Government of Nepal from the Federal Consolidated Fund shall be in accordance with Federal law.

(7) The distribution of revenue among the Federation, Province, and Local Level shall be done in a balanced and transparent manner.

(8) While making a Federal Act regarding revenue distribution, attention shall be paid to matters including: national policy, national necessity, autonomy of Province and Local Level, services to be provided by Province and Local Level to the people and the financial rights granted to them, capacity to collect revenue, potential and utilization of revenue, assistance required in development and construction, regional imbalance, reduction of poverty and inequality, ending deprivation, and helping meet contingent works and temporary needs. Part-6

President and Vice-President

61.
Constitution of Nepal

Part-6

President and Vice-President

61. President: (1) There shall be a President in Nepal.

(2) The President shall be the Head of State of Nepal. He/she shall perform his/her functions in accordance with this Constitution and Federal law.

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

(4) It shall be the primary duty of the President to abide by and protect the Constitution. 62. Election of the President: (1) The election of the President shall be held by an electoral college comprising the members of the Federal Parliament and the members of the Provincial Assemblies as electors. The voting weight of the members of the Federal Parliament and the members of the Provincial Assemblies shall differ in accordance with Federal law.

(2) Notwithstanding anything written in sub-article (1), it shall not be deemed to impede the formation of the electoral college for the purpose of the election of the President solely due to the non-election of the Provincial Assembly in any Province.

(3) The person who receives a majority of the total votes of the then existing electoral college pursuant to sub-article (1) shall be elected as the President.

(4) If no candidate obtains a majority pursuant to sub-article (3), a vote shall be held between the two candidates obtaining the highest number of votes, and the candidate obtaining more than fifty percent of the total votes in such vote shall be elected as the President.

(5) If, even from the vote pursuant to sub-article (4), no candidate obtains more than fifty percent of the total votes, a re-vote shall be held. The candidate who obtains the highest number of total valid votes cast in such vote shall be elected as the President.

(6) If a person holding a political office filled by election, nomination, or appointment is elected President pursuant to this article, his/her such office shall automatically fall vacant.

(7) The election of the President and other provisions relating thereto shall be in accordance with Federal law. 63. Term of Office of President: (1) The term of office of the President shall be five years from the date of election.

(2) The President whose term of office under sub-article (1) has expired shall perform the functions in accordance with this Constitution until the next elected President assumes office. 64.
Constitution of Nepal

64. Qualification for President: (1) A person having the following qualifications shall be qualified for being the President:-
(a) Being qualified to become a member of the Federal Parliament,
(b) Having completed at least forty-five years of age, and
(c) Not being disqualified by any law.

(2) Notwithstanding anything written in sub-article (1), a person who has already been elected President twice shall not be eligible to be a candidate for the election of the President. 65. Vacation of Office of President: The office of the President shall be vacated in any of the following circumstances:-
(a) If he/she submits a written resignation to the Vice-President,
(b) If an impeachment motion against him/her is passed pursuant to article 101,
(c) If his/her term of office expires,
(d) If he/she dies. 66. Functions, Duties, and Powers of President: (1) The President shall exercise the powers and perform the duties conferred on him/her in accordance with this Constitution or Federal law.

(2) While exercising powers or performing duties pursuant to sub-article (1), except for actions specifically provided for in this Constitution or Federal law to be done on the recommendation of a body or office holder, any other action performed by the President shall be on the recommendation and with the consent of the Council of Ministers. Such recommendation and consent shall be submitted through the Prime Minister.

(3) The certification of decisions or orders made in the name of the President pursuant to sub-article (2) and related letters patent shall be in accordance with Federal law. 67. Vice-President: (1) There shall be a Vice-President in Nepal.

(2) In the absence of the President, the functions to be performed by the President shall be performed by the Vice-President.

(3) If a person holding a political office filled by election, nomination, or appointment is elected to the office of Vice-President, his/her such office shall automatically fall vacant. 68. Vacation of Office of Vice-President: The office of the Vice-President shall be vacated in any of the following circumstances:-
(a) If he/she submits a written resignation to the President,
(b) If an impeachment motion against him/her is passed pursuant to article 101,
(c) If his/her term of office expires,
(d) If he/she dies. 69. Other Provisions relating to Vice-President: The provisions relating to the qualification, election procedure, and term of office of the Vice-President shall be the same as those of the President. 70. President and Vice-President to be of different Gender or Community: The election of the President and the Vice-President under this Constitution shall be done so that they represent different genders or communities. 71.
Constitution of Nepal

70. President and Vice-President to be of different Gender or Community: The election of the President and the Vice-President under this Constitution shall be done so that they represent different genders or communities. 71. Oath of President and Vice-President: Before assuming their offices, the President and the Vice-President shall take an oath of office and secrecy in accordance with Federal law, the President before the Chief Justice and the Vice-President before the President. 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 by a Federal Act, and until such Act is made, as determined by the Government of Nepal. 73. Offices of President and Vice-President: (1) There shall be separate offices for the performance of the work of the President and the Vice-President.

(2) The Government of Nepal shall arrange for the necessary staff and other provisions required to conduct the work of the office under sub-article (1). Part-7

Federal Executive

74. Form of Governance: The form of governance of Nepal shall be a multi-party, competitive, federal democratic republican parliamentary system of governance based on pluralism. 75. Executive Power: (1) The executive power of Nepal shall be vested in the Council of Ministers in accordance with this Constitution and law.

(2) The responsibility for the general direction, control, and conduct of the governance of Nepal shall be vested in the Council of Ministers, subject to this Constitution and law.

(3) All works relating to the federal executive of Nepal shall be done in the name of the Government of Nepal.

(4) The certification of decisions or orders made in the name of the Government of Nepal pursuant to sub-article (3) and related letters patent shall be in accordance with Federal law. 76.
Constitution of Nepal

76. Formation of Council of Ministers: (1) The President shall appoint the leader of the parliamentary party commanding a majority in the House of Representatives as the Prime Minister, and the Council of Ministers shall be formed under his/her chairpersonship.

(2) In the absence of a clear majority of any party in the House of Representatives pursuant to sub-article (1), the President shall appoint as Prime Minister a member of the House of Representatives who can command a majority with the support of two or more parties represented in the House of Representatives.

(3) If the Prime Minister cannot be appointed pursuant to sub-article (2) within thirty days from the date of declaration of the final results of the election of the House of Representatives, or if the Prime Minister so appointed fails to secure a vote of confidence pursuant to sub-article (4), the President shall appoint the leader of the parliamentary party of the party having the highest number of members in the House of Representatives as the Prime Minister.

(4) The Prime Minister appointed pursuant to sub-article (2) or (3) must secure a vote of confidence from the House of Representatives within thirty days from the date of such appointment.

(5) If the Prime Minister appointed pursuant to sub-article (3) fails to secure a vote of confidence pursuant to sub-article (4), the President shall appoint a member under sub-article (2) as Prime Minister if such member presents a basis for securing a vote of confidence in the House of Representatives.

(6) The Prime Minister appointed pursuant to sub-article (5) must secure a vote of confidence pursuant to sub-article (4).

(7) If the Prime Minister appointed pursuant to sub-article (5) fails to secure a vote of confidence, or if the Prime Minister cannot be appointed, the President shall, on the recommendation of the Prime Minister, dissolve the House of Representatives and fix a date for the election of another House of Representatives so that the election is completed within six months.

(8) The process relating to the appointment of the Prime Minister pursuant to this article must be completed within thirty-five days from the date of declaration of the final results of the election of the House of Representatives or the vacation of the office of the Prime Minister, as the case may be, under this Constitution.

(9) The President shall, on the recommendation of the Prime Minister, form a Council of Ministers consisting of a maximum of twenty-five Ministers including the Prime Minister, from among the members of the Federal Parliament, in accordance with the principle of inclusiveness.
Constitution of Nepal

Explanation: For the purposes of this Part, "Minister" shall mean 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 Ministers shall be individually responsible to the Prime Minister and the Federal Parliament for the work of their respective ministries. 77. Vacation of Office of Prime Minister and Minister: (1) The office of the Prime Minister shall be vacated in any of the following circumstances:-
(a) If he/she submits a written resignation to the President,
(b) If a motion of confidence is not passed, or a motion of no-confidence against him/her is passed, pursuant to article 100,
(c) If he/she ceases to be a member of the House of Representatives,
(d) If he/she dies.

(2) The office of a Minister shall be vacated in any of the following circumstances:-
(a) If he/she submits a written resignation to the Prime Minister,
(b) If the Prime Minister relieves him/her from office,
(c) If the office of the Prime Minister is vacated pursuant to clause (a), (b), or (c) of sub-article (1),
(d) If he/she dies.

(3) If the office of the Prime Minister is vacated pursuant to sub-article (1), the same Council of Ministers shall conduct the work until another Council of Ministers is formed. Provided that, if the Prime Minister dies, the senior-most Minister shall function as Prime Minister until another Prime Minister is appointed. 78. Person not being a Member of Federal Parliament becoming Minister: (1) Notwithstanding anything written in sub-article (9) of article 76, the President may, on the recommendation of the Prime Minister, appoint a person who is not a member of the Federal Parliament as a Minister.

(2) The Minister appointed pursuant to sub-article (1) must obtain membership of the Federal Parliament within six months from the date of taking oath.

(3) If he/she fails to obtain membership of the Federal Parliament within the period under sub-article (2), he/she shall not be eligible for re-appointment to the office of Minister for the duration of the then existing House of Representatives.

(4) Notwithstanding anything written in sub-article (1), a person who was defeated in the election of the then existing House of Representatives shall not be eligible for appointment to the office of Minister pursuant to sub-article (1) for the term of such House of Representatives. 79. Remuneration and other Facilities of Prime Minister and Minister: The remuneration and other facilities of the Prime Minister and Minister shall be as provided for by a Federal Act. Until such Act is made, it shall be as determined by the Government of Nepal. 80.
Constitution of Nepal

79. Remuneration and other Facilities of Prime Minister and Minister: The remuneration and other facilities of the Prime Minister and Minister shall be as provided for by a Federal Act. Until such Act is made, it shall be as determined by the Government of Nepal. 80. Oath: The Prime Minister, Deputy Prime Minister, and Minister shall take an oath of office and secrecy before the President, and the Minister of State and Assistant Minister shall take such oath before the Prime Minister, in accordance with Federal law, before assuming their offices. 81. Information to President: The Prime Minister shall inform the President of the following matters:-
(a) Decisions of the Council of Ministers,
(b) Bills to be presented to the Federal Parliament,
(c) Other necessary details requested by the President regarding matters mentioned in clauses (a) and (b), and
(d) Current situation of Nepal and matters of foreign relations. 82. Conduct of Business of Government of Nepal: (1) The allocation of business and the conduct of business of the Government of Nepal shall be in accordance with the Rules approved by the Government of Nepal.

(2) No question shall be raised in any court as to whether or not the Rules under sub-article (1) have been followed. Part-8

Federal Legislature

83. Federal Legislature: There shall be a Federal Legislature consisting of two Houses named the House of Representatives and the National Assembly, which shall be called the Federal Parliament. 84. Formation of House of Representatives: (1) The House of Representatives shall consist of two hundred seventy-five members as follows:-
(a) One hundred sixty-five members elected under the first-past-the-post electoral system, with one member from each of one hundred sixty-five electoral constituencies created based on amended by the First Amendment. population, geographical suitability, and specificity of Nepal,
(b) One hundred ten members elected under the proportional representation electoral system where the whole country is considered as a single electoral constituency, voting for political parties.

(2) For the election of the House of Representatives under the proportional representation electoral system, when political parties present candidacies, the provision for representing women, Dalits, indigenous nationalities, Khas Arya, Madhesi, Tharu, Muslims, backward regions, etc., based on the population, shall be on the basis of a closed list in accordance with Federal law. While presenting candidacies, geographical and provincial balance shall also be taken into account.
Constitution of Nepal

While presenting candidacies, geographical and provincial balance shall also be taken into account. Explanation: For the purposes of this sub-article, "Khas Arya" shall mean the Kshetri, Brahmin, Thakuri, and Sanyasi (Dashnami) communities.

(3) When political parties present candidacies pursuant to sub-article (2), arrangements shall be made to ensure the representation of persons with disabilities as well.

(4) The election of members of the House of Representatives under sub-article (1) shall be by secret ballot in accordance with law.

(5) Every Nepali citizen who has completed the age of eighteen years shall have the right to vote in any one electoral constituency in accordance with Federal law.

(6) A person qualified under article 87 who is entitled to vote in an election for members of the House of Representatives may, subject to Federal law, be a candidate from any electoral constituency. Provided that the same person shall not be a candidate simultaneously in more than one electoral constituency.

(7) If a vacancy of any member occurs while more than six months of the term of the House of Representatives remains, such vacancy shall be filled through the same electoral system by which the seat was filled.

(8) Notwithstanding anything written elsewhere in this Part, at least one-third of the total number of members elected from each political party represented in the Federal Parliament must be women. If, while electing members under clause (a) of sub-article (1) and clause (a) of sub-article (2) of article 84, one-third of the members of a political party are not elected women, such political party must, while electing members under clause (b) of sub-article (1), ensure that at least one-third of the total members elected to the Federal Parliament from its party are women.

(9) The election of the House of Representatives and other matters relating thereto shall be in accordance with Federal law. 85. Term of House of Representatives: (1) The term of the House of Representatives shall be five years, unless dissolved earlier in accordance with this Constitution.

(2) Notwithstanding anything written in sub-article (1), during the time a declaration or order of a state of emergency is in force, the term of the House of Representatives may be extended in accordance with a Federal Act, not exceeding one year.

(3) The term of the House of Representatives extended pursuant to sub-article (2) shall automatically expire six months after the date of revocation of the declaration or order of the state of emergency. 86.
Constitution of Nepal

86. Formation of National Assembly and Term of 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 members elected, in accordance with Federal law, by an electoral college consisting of members of the Provincial Assembly, Chairpersons and Vice-Chairpersons of Rural Municipalities, and Mayors and Deputy Mayors of Municipalities, with different voting weights for members of Provincial Assembly, Chairpersons and Vice-Chairpersons of Rural Municipalities, and Mayors and Deputy Mayors of Municipalities, from each Province, comprising at least three women, one Dalit, and one person with a disability or minority, totaling eight members per Province,
(b) Three members nominated by the President on the recommendation of the Government of Nepal, comprising at least one woman.

(3) The term of office of 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 every two years. Provided that, when determining the term of office for members for the first time after the commencement of this Constitution, the term shall be determined by lottery: one-third as two years, another one-third as four years, and the remaining one-third as six years.

(4) When calculating the term of office of 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 from the day the first meeting of the National Assembly is held.

(5) The vacancy arising in the National Assembly shall be filled for the remainder of the term by the same method of election or nomination by which the member vacating the seat was elected or nominated.

(6) Other provisions relating to the election of members of the National Assembly shall be in accordance with Federal law. 87. Qualification for Membership: (1) A person having the following qualifications shall be qualified to become a member of the Federal Parliament:-
(a) A citizen of Nepal,
(b) Have completed twenty-five years of age for the House of Representatives and thirty-five years for the National Assembly,
(c) Not convicted of a criminal offense involving moral turpitude,
(d) Not disqualified by any Federal law, and
(e) Not holding any office of profit.
Constitution of Nepal

Explanation: For the purposes of this clause, "office of profit" shall mean any office, other than a political office filled by election or nomination, which receives remuneration or financial benefits from a government fund.

(2) No person may be a member of both Houses simultaneously.

(3) If a person holding a political office filled by election, nomination, or appointment is elected or nominated as a member of the Federal Parliament under this Part, his/her such office shall automatically fall vacant from the day of taking the oath of office of member of the Federal Parliament. 88. Oath: Every member of each House of the Federal Parliament must, before participating for the first time in a meeting of the House or any of its committees, take an oath in accordance with Federal law. 89. Vacation of Seat: The seat of a member of the Federal Parliament shall be vacated in any of the following circumstances:-
(a) If he/she submits a written resignation to the Speaker or Chairperson,
(b) If he/she lacks or ceases to have the qualification under article 87,
(c) If the term of the House of Representatives or the term of office of a National Assembly member expires,
(d) If he/she is absent from ten consecutive meetings without giving notice to the concerned House,
(e) If the party on whose ticket he/she was elected as a member informs, in accordance with Federal law, that he/she has defected from the party,
(f) If he/she dies. 90. Decision on Disqualification of Member: If a question arises as to whether a member of the Federal Parliament is or has become disqualified under article 87, the final decision on that question shall be given by the Constitutional Bench of the Supreme Court. 91. Speaker and Deputy Speaker of House of Representatives: (1) Within fifteen days from the date of commencement of the first meeting of the House of Representatives, the members of the House of Representatives shall elect the Speaker and Deputy Speaker of the House of Representatives from among themselves.

(2) When conducting the election pursuant to sub-article (1), one of the Speaker and Deputy Speaker of the House of Representatives shall be a woman, and the Speaker and Deputy Speaker of the House of Representatives shall be representatives of different parties.
Constitution of Nepal

Provided that, if there is no representation of more than one party in the House of Representatives, or if there is representation but no candidacy is filed, it shall not be a bar for members of the same party to become Speaker and Deputy Speaker of the House of Representatives.

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

(4) In the absence of the Speaker of the House of Representatives, the Deputy Speaker shall preside over the House of Representatives.

(5) In the event that the Speaker and Deputy Speaker of the House of Representatives have not been elected or both offices are vacant, the meeting of the House of Representatives shall be presided over by the senior-most member in terms of age among the members present.

(6) The office of the Speaker or Deputy Speaker of the House of Representatives shall be vacated in any of the following circumstances:-
(a) If he/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 Deputy Speaker of the House of Representatives in office shall continue in their offices until the day preceding the filing of candidacies for the next election to the House of Representatives.
(b) If he/she submits a written resignation,
(c) If a resolution stating that he/she has not conducted himself/herself in accordance with the office is passed by a two-thirds majority of the total number of members of the House of Representatives then existing.

(7) The meeting discussing the resolution that the Speaker of the House of Representatives has not conducted himself/herself in accordance with the office shall be presided over by the Deputy Speaker of the House of Representatives. The Speaker of the House of Representatives shall be entitled to participate and vote in the discussion on such resolution. 92.