chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Constitution of Nepal 2072

Provided that Article 16, sub-clauses (c) and (d) of clause (2) of Article 17, Article 18, clause (2) of Article 19, Articles 20, 21, 22 and 24, clause (1) of Article 26, Articles 29, 30, 31, 32, 35, clauses (1) and (2) of Article 36, Articles 38 and 39, clauses (2) and (3) of Article 40, Articles 41, 42, 43 and 45, the right to constitutional remedy in relation to such Articles pursuant to Article 46 and the right to the remedy of _habeas corpus_ shall not be suspended. (11) If any Article of this Constitution is suspended pursuant to clause (10), no petition may lie in any court for the enforcement of the fundamental right conferred by that Article nor may a question be raised in any Court in that respect. (12) If, during the continuance of a declaration or order under this Article, any injury is caused to a person from any act done by any official in bad faith, the victim may, within three months from the date of termination of that declaration or order, file a petition for compensation for such injury. If such petition is made, the court may order for compensation by, and punish, the perpetrator as provided for in the Federal law. (13) The President may, at any time, withdraw a declaration or order of a state of emergency made in accordance with this Article. Part-31 Amendment to the Constitution 274. Amendment to Constitution: (1) No amendment shall be made to this Constitution in manner to be prejudicial to the sovereignty, territorial integrity, independence of Nepal and sovereignty vested in the people. (2) Subject to clause (1) and other Articles of this Constitution, a Bill to amend or repeal any Article of this Constitution may be introduced in either House of the Federal Parliament. Provided that clause (1) shall not be amended. (3) A Bill introduced pursuant to clause (1) shall be publicly published for information to the general public within thirty days of its introduction in the concerned House. (4) If a Bill introduced pursuant to clause (1) is related with the alteration in the borders of any State or matters set forth in Schedule-6, the Speaker or the Chairperson of the concerned House must send that Bill to the State Assembly for its consent, within thirty days after its introduction in the Federal Parliament. (5) The concerned State Assembly must, by a majority of the total number of its the then members, accept or reject the Bill presented for its consent pursuant to clause (4) and give information thereof to the Federal Parliament within three months. Provided that if any State Assembly is not in existence, such Bill must be either accepted or rejected within three months after the date of holding of the first meeting following the formation of that State Assembly. Constitution of Nepal 2072
Constitution of Nepal 2072

(6) In the event of failure to give information of acceptance or rejection of such Bill within the period set forth in clause (5), nothing shall prevent the House of the Federal Parliament in which the Bill was originated from proceeding with the Bill. (7) If the State Assembly, by its majority, gives a notice of rejection of such Bill to the concerned House of the Federal Parliament within the period under clause (5), the Bill shall be inoperative. (8) A Bill which does not require the consent of the State Assembly or a Bill accepted by a majority of the State Assembly under clause (5) must be passed by at least two-thirds majority of the total number of the then members of both Houses of the Federal Parliament. (9) A Bill passed under clause (8) shall be presented to the President for assent. (10) The President shall give assent to a Bill presented under clause (5), within fifteen days from the date of its receipt, and the Constitution shall get amended from the date of assent. Part-32 Miscellaneous 275. Provisions relating to referendum: (1) If a decision is made by a two-thirds majority of the total number of the then members of the Federal Parliament that it is necessary to hold a referendum with respect to any matter of national importance, decision on that matter may be taken by way of referendum. (2) Matters relating to referendum and other relevant matters shall be as provided for in the Federal law. 276. Pardons: The President may, in accordance with law, grant pardons, suspend, commute or remit any sentence passed by any Court, judicial or quasi-judicial body or administrative authority or body. 277. Titles, honours and decorations: (1) The President shall confer titles, honours and decorations to be conferred on behalf of the State. (2) No citizen of Nepal may, without the approval of the Government of Nepal, accept any title, honour or decoration from any foreign government. 278. Power to make treaties: (1) The Federation shall have the power to make treaties or agreements. (2) In making a treaty or agreement on a matter falling within the list of State power, the Government of Nepal must consult the concerned State. (3) A State Council of Ministers may, with the consent of the Government of Nepal, make contractual agreements on financial and industrial matters. 279. Ratification of, accession to, acceptance of, or approval of, treaties or agreements: (1) The ratification of, accession to, acceptance of, or approval of, treaties or agreements to which Nepal or the Government of Nepal is to become a party shall be as provided for in the Federal law. Constitution of Nepal 2072
Constitution of Nepal 2072

(2) Any law to be made pursuant to clause (1) shall, _inter alia_, require that the ratification of, accession to, acceptance of, or approval of, treaties or agreements on the following subjects must be made by a majority of two-thirds of the total number of the then members of both Houses of the Federal Parliament: (a) peace and friendship, (b) defence and strategic alliance, (c) boundaries of the State of Nepal, and (d) natural resources, and the distribution of their uses. Provided that, out of the treaties or agreements under sub-clauses (a) and (d), if any treaty or agreement is of an ordinary nature, which does not affect the nation extensively, seriously or in the long term, the ratification of, accession to, acceptance of, or approval of, such treaty or agreement may be made by a simple majority of the members present in a meeting of the House of Representatives. (3) After the commencement of this Constitution, unless a treaty or agreement is ratified, acceded to, accepted or approved in accordance with this Article, such treaty or agreement shall not apply to the Government of Nepal or Nepal. (4) Notwithstanding anything contained in clauses (1) and (2), no treaty or agreement may be concluded in detrimental to the territorial integrity of Nepal. 280. Special provision relating to discharge of functions of President: If the offices of both the President and the Vice-President fall vacant in accordance with this Constitution, the Speaker of the House of Representatives shall discharge the functions required to be performed by the President under this Constitution until election to the President or Vice-President is held and he or she assumes office. 281. Appraisal and review of special rights: The Government of Nepal shall make appraisal and review of the implementation of special rights of the women and _Dalit_ community and impacts thereof, on the basis of human development index, concurrently with a national census to be held in every ten years. 282. Ambassadors and special emissaries: (1) The President may, on the basis of the principle of inclusion, appoint Nepalese ambassadors, and special emissaries for any specific purposes. (2) The President shall receive letters of credentials from foreign ambassadors and diplomatic representatives. 283. Appointments to be made in accordance with inclusive principle: Appointments to offices of Constitutional Organs and Bodies shall be made in accordance with the inclusive principle. 284. Constitution of Nepal 2072
Constitution of Nepal 2072

Provisions relating to Constitutional Council: (1) There shall be a Constitutional Council for making recommendations for appointment of the Chief Justice and Chiefs and officials of the Constitutional Bodies in accordance with this Constitution, which shall consist of the following as the Chairperson and members: (a) The Prime Minister -Chairperson (b) The Chief Justice -Member (c) The Speaker of the House of Representatives -Member (d) The Chairperson of the National Assembly -Member (e) Leader of Opposition Party in the House of Representatives -Member (f) Deputy Speaker of the House of Representatives -Member (2) While making a recommendation for appointment to the office of the Chief Justice, the Constitutional Council shall include the Minister for Law and Justice of the Government of Nepal, as its member. (3) The Constitutional Council must make a recommendation for appointment under this Constitution before one month of the vacation of the office of the Chief Justice or a chief or official of a Constitutional Body. Provided that if such office falls vacant because of death or resignation, it may so make recommendation for appointment that the office is fulfilled within one month after the date of vacancy. (4) Other functions, duties and powers of the Constitutional Council and rules of procedures on the appointment of the Chief Justice or chiefs or officials of Constitutional Bodies shall be as provided for in the Federal law. (5) The Chief Secretary of the Government of Nepal shall act as the secretary of the Constitutional Council. 285. Constitution of government service: (1) The Government of Nepal may, in order to run the administration of the country, constitute the Federal civil service and such other Federal government services as may be required. The constitution, operation and conditions of service of such services shall be as provided for in the Federal Act. (2) Positions in the Federal civil service as well as all Federal government services shall be filled through competitive examinations, on the basis of open and proportional inclusive principle. (3) The State Council of Ministers, Village Executives and Municipal Executives may by law constitute and operate various government services as required for the operation of their administration. 286. Election Constituency Delimitation Commission: (1) The Government of Nepal may constitute an Election Constituency Delimitation Commission, to determine election constituencies for the purpose of election to the members of the Federal Parliament and members of the State Assemblies in accordance with this Constitution, which shall consist of the following as the Chairperson and members: (a) Retired Judge of the Supreme Court -Chairperson (b) One Geographer -Member (c) One sociologist or demographer -Member (d) One administration expert or jurist -Member (e) Gazetted special class officer of the Government of Nepal -Member secretary (2) The term of office of the Election Constituency Delimitation Commission shall be as prescribed at the time of its constitution. Constitution of Nepal 2072
Constitution of Nepal 2072

(3) A person shall be qualified to be appointed as the Chairperson or a member of the Election Constituency Delimitation Commission if he or she possesses the following qualification: (a) holding at least bachelors degree in related subject from a recognized university, (b) having attained the age of forty-five years, and (c) having high moral character. (4) The office of the Chairperson or a member of the Election Constituency Delimitation Commission shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing, (b) if he or she is removed by the Government of Nepal, Council of Ministers, (c) if he or she dies. (5) While determining election constituencies pursuant to this Article, the Election Constituency Delimitation Commission shall so determine the constituencies, having regard to population and geography as the basis of representation, and as to ensure that the ratio between the geography, population and number of members of such election constituencies is equal, so far as practicable. (6) While delimitating election constituencies pursuant to clause (5), regard must be had to, _inter alia_, the density of population, geographical specificity, administrative and transportation convenience, community and cultural aspects of the constituencies. (7) No question may be raised in any court on any matter of the determination, or review, of election constituencies made by the Election Constituency Delimitation Commission. (8) The Election Constituency Delimitation Commission shall submit a report on the works it has performed to the Government of Nepal. (9) The Government of Nepal, Council of Ministers, shall lay the report received pursuant to clause (8) before the Federal Parliament and send it to the Election Commission for implementation. (10) The Election Constituency Delimitation Commission shall determine its rules of procedures itself. (11) The remuneration and facilities of the Chairperson and the members of the Election Constituency Delimitation Commission shall be similar to those of the Chief Election Commissioner and the Election Commissioners of the Election Commission, respectively. (12) The election constituencies delimited in accordance with clause (5) must be reviewed in every twenty years. (13) The Government of Nepal shall provide such employees as may be required for the Election Constituency Delimitation Commission. 287. Language Commission: (1) The Government of Nepal shall, no later than one year of the commencement of this Constitution, constitute a Language Commission comprising representation of States. (2) The Language Commission shall consist of one Chairperson and a required number of members. (3) The term of office of the Chairperson and members of the Language Commission shall be six years from the date of their appointment. They may not be reappointed. Constitution of Nepal 2072
Constitution of Nepal 2072

(4) A person shall be qualified to be appointed as the Chairperson or a member of the Language Commission if he or she possesses the following qualification: (a) holding masters degree in related subject from a recognized university, (b) having gained at least twenty years of experience in the fields of study, teaching and research on various languages of Nepal, (c) having completed the age of forty-five years, and (d) having high moral character. (5) The office of the Chairperson or a member of the Language Commission shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing, (b) if he or she is removed by the Government of Nepal, Council of Ministers, (c) if he completes the age of sixty five years, (d) if he or she dies. (6) The functions, duties and powers of the Language Commission shall be as follows: (a) to determine the criteria to be fulfilled for the recognition of the official language and make recommendations on languages to the Government of Nepal, (b) to make recommendations to the Government of Nepal, on the measures to be adopted for the protection, promotion and development of languages, (c) to measure the levels of development of mother tongues and make suggestions to the Government of Nepal, on the potentiality of their use in education, (d) to study, research and monitor languages. (7) The Language Commission shall complete its task under sub clause (a) of clause (6) no later than five years after the date of its constitution. (8) The Government of Nepal may, in coordination with a State Government, establish a branch of the Language Commission in that State. (9) The other functions, duties, powers and rules of procedures of the Language Commission shall be as provided for in the Federal law. 288. Capital: (1) The capital of Nepal shall be situated in Kathmandu. (2) The capital of a State under this Constitution shall be as decided by a two-thirds majority of the number of the then members of the concerned State Assembly. (3) The business of a State shall be conducted through the place as specified by the Government of Nepal until decision is made in accordance with clause (2). 289. Special provision relating to citizenship of officials: (1) In order for a person to be elected, nominated or appointed to the office of President, Vice-President, Prime Minister, Chief Justice, Speaker of the House of Representatives, Chief of State, Chief Minister, Speaker of a State Assembly and chief of a security body, the person must have obtained the citizenship of Nepal by descent. (2) A person who has obtained the citizenship of Nepal by descent, a person who has obtained the naturalized citizenship of Nepal or a person who has obtained the citizenship of Nepal by birth shall also be qualified for the office of a constitutional body other than that mentioned in clause (1). Constitution of Nepal 2072
Constitution of Nepal 2072

Provided that the person must have resided in Nepal for at least ten years in the case of a person who has obtained the naturalized citizenship of Nepal, and for at least five years in the case of a person who has obtained the citizenship of Nepal by birth or who has obtained the naturalized citizenship of Nepal in accordance with clause (6) of Article 11. 290. Provisions relating to _Guthi_ (trusts): (1) The Federal Parliament shall make necessary laws in relation to the rights of the trust and the farmers enjoying possessory rights over trust lands in a manner not to be prejudicial to the basic norms of the trusts. (2) Other matters relating to trusts shall be as provided by the federal law. 291. Not to be qualified for appointment: (1) Notwithstanding anything contained elsewhere in this Constitution, a citizen of Nepal who has obtained a foreign permanent residence permit shall not be qualified for election, nomination or appointment to an office to be elected, nominated or appointed pursuant to this Constitution. Provided that nothing shall prevent electing, nominating or appointing a person who has renounced such foreign permanent residence permit to such office after the expiry of a period of at least three months. (2) Other matters relating to the citizens of Nepal who have obtained foreign permanent residence permits as mentioned in clause (1) shall be as provided for in the Federal law. 292. Provisions relating to parliamentary hearings: (1) Parliamentary hearings shall be conducted as to appointments to the offices of the Chief Justice and Judges of the Supreme Court, members of the Judicial Council, chiefs and members of Constitutional Bodies, who are appointed on the recommendation of the Constitutional Council under this Constitution, and to the offices of ambassadors, as provided for in the Federal law. (2) For the purposes of clause (1), there shall be formed a fifteen member joint committee consisting of members of both Houses of the Federal Parliament, in accordance with the Federal law. (3) No member of the joint committee under clause (2) shall practice law in the Supreme Court during that term of the Federal Parliament. 293. Monitoring of functioning of Constitutional Bodies: The chiefs and officials of the Constitutional Bodies must be accountable and responsible to the Federal Parliament. The committees of the House of Representatives may monitor and evaluate the functioning, including reports, of the Constitutional Bodies, other than the National Human Rights Commission, and give necessary direction or advice. 294. Annual reports of Constitutional Bodies: (1) Every Constitutional Body under this Constitution shall submit an annual report of its functioning to the President, and the President shall cause that report to be laid through the Prime Minister before the Federal Parliament. (2) The matters to be set out in the annual report under clause (1) shall be as provided for in the Federal law. Constitution of Nepal 2072
Constitution of Nepal 2072

The President shall thereafter summon a session of the Legislature-Parliament from time to time. 297. Provisions relating to the President and the Vice-President: (1) The President and the Vice-President existing at the time of commencement of this Constitution shall continue to hold their respective offices until other President and Vice-President are elected in accordance with this Article. (2) The Legislature-Parliament set forth in clause (1) of Article 296 shall, on the basis of political understanding, elect the President and the Vice President, no later than one month after the date of the commencement of this Constitution where the Legislature-Parliament is not in recess at the time of commencement of this Constitution and after the date on which the session is summoned in accordance with clause (6) of Article 296 where the Legislature Parliament is in recess. (3) In the event of failure to have an understanding under clause (2), the President and the Vice-President must be elected by a majority of all the then members of the Legislature-Parliament. (4) If the office of the President or Vice-President elected in accordance with clause (2) or (3) falls vacant for any reason, the President or Vice-President shall be elected by the Legislature-Parliament in accordance with this Article until the Federal Parliament is formed. (5) The term of office of the President or Vice-President elected in accordance with this Article shall continue to exist until another President or Vice-President elected by an electoral college set forth in Article 62 assumes office. (6) The office of the President or Vice-President elected in accordance with this Article shall become vacant in any of the following circumstances: (a) if the President tenders resignation in writing to the Vice President and the Vice-President, before the President, (b) if a motion of impeachment against him or her is passed in accordance with clause (7), (c) if another President or Vice-President elected by an electoral college set forth in Article 62 assumes office, (d) if he or she dies. (7) At least one fourth of the total number of the then members of the Legislature-Parliament set forth in clause (1) of Article 296 may move a motion of impeachment against the President or Vice-President elected in accordance with this Article on the ground of serious violation of this Constitution and law. If the motion is passed by at least two thirds majority of the total number of the then members of the Legislature-Parliament, he or she shall relive of his or her office 298. Provisions relating to formation of Council of Ministers: (1) The Council of Ministers existing at the time of commencement of this Constitution shall continue to exist until the Council of Ministers set forth in clause (2) is formed. Constitution of Nepal 2072