chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Constitution of Nepal 2072

(8) A Federal Act on the distribution of revenues shall be made having regard to the national policies, national requirements, autonomy of the State and Local levels, services to be rendered by the State and the Local level to the people and financial powers granted to them, capacity to collect revenues, potentiality and use of revenues, assistance to be made in development works, reduction of regional imbalances, poverty and inequality, end of deprivation, and assistance to be made in the performance of contingent works and fulfilment of temporary needs. Part-6 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 the Federal 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 weightage 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. Constitution of Nepal 2072
Constitution of Nepal 2072

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 to this 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. Constitution of Nepal 2072
Constitution of Nepal 2072

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). Part-7 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. 75. 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. Constitution of Nepal 2072
Constitution of Nepal 2072

(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. Constitution of Nepal 2072
Constitution of Nepal 2072

Non-member of Federal Parliament to 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 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. Part-8 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. Constitution of Nepal 2072
Constitution of Nepal 2072

(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. Constitution of Nepal 2072
Constitution of Nepal 2072

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 weightage 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 in the 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. Constitution of Nepal 2072
Constitution of Nepal 2072

(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, chair the House of Representatives. Constitution of Nepal 2072