nayan135/constitution · Datasets at Hugging Face

text stringlengths 1 101
(6) Provisions relating to distribution of conditional grants,
complementary grants or special grants for other purposes to be provided by
the Government of Nepal f rom the Federal Consolidated Fund shall be as
provided for in the Federal law.
(7) Distribution of revenues between the Federal, State and Local
level shall be made in a balanced and transparent manner.
(8) A Federal Act on the distribution of revenues shall be made
having regard to the national policies, national requirements, a utonomy of the
49
State and Local l evels, services to be r ende red by the State and the Local l evel
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 assistanc e to be made in the performance of contingent
works and fulfilment of temporary needs.

50
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 Presi dent: (1) The President shal l 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 voti ng between the two candidates who have secure d the highest
number of votes, and a candidate who secures more than fifty percent of the
total votes in su ch a voting shall be elected as the President.
(5) If none of the candidates secures more than fifty per cent of the
total votes even in the voting under clause (4), re -voting shall be held. A
51
candidate who secures a majority of the t otal valid votes cast in such voting
shall be elected as the President.
(6) If a person who holds a political office to be fill ed 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) Electi on to the President and other m atters related thereto shall
be as provided for in the Federal law.
63. Term of o ffice 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 un der this Constitution until another
elected President assumes his or her office.
64. Qualification for President : (1) A person who has the following qualification
shall be qualified to become the President:
(a) being qualified to become a member of the Federal Parliament,
(b) having completed the age of at least forty five years, and
(c) not being disqualified by any law.
(2) Notwithstanding anything contained in clause (1), a person who
has already been elected twice as the President shall not become a candidate in
the election to the President.
65. Vacation of o ffice of President : The office of the President shall become vacant
in any of the following circumstances:
(a) if he or she tenders resignation i n writing to the Vice -President,
(b) if a motion of impeachment against him or her is passed under
Article 101,
52
(c) if his or her term of office expires,
(d) If he or she dies.
66. Functions, duties and p owers of President : (1) The President shall exercise
such powers and perform such duties a s conferred to him or her pursuant to
this Constitution or a Federal l aw.
(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 L aw. Such recommendation
and consent shall be submitted through the Prime Minister.
(3) Any decisio n 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 l aw.
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 o ffice of Vice -president : The office of the Vice -president shall
become vacant in any of the following circumstances:
(a) if he or she tenders resignat ion in writing to the Preside nt,
(b) if a motion of impeachment against him or her is passed under
Article 101,
(c) if his or her term of office expires,
53
(d) if he or she dies.
69. Other provisions relating to Vice -President : Provisions relatin g to the
qualification, procedures of el ection and term of office of the Vice -President
shall be the same as that of the President.

(6) Provisions relating to distribution of conditional grants,

complementary grants or special grants for other purposes to be provided by

the Government of Nepal f rom the Federal Consolidated Fund shall be as

provided for in the Federal law.

(7) Distribution of revenues between the Federal, State and Local

level shall be made in a balanced and transparent manner.

(8) A Federal Act on the distribution of revenues shall be made

having regard to the national policies, national requirements, a utonomy of the

49

State and Local l evels, services to be r ende red by the State and the Local l evel

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 assistanc e to be made in the performance of contingent

works and fulfilment of temporary needs.

50

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 Presi dent: (1) The President shal l 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 voti ng between the two candidates who have secure d the highest

number of votes, and a candidate who secures more than fifty percent of the

total votes in su ch a voting shall be elected as the President.

(5) If none of the candidates secures more than fifty per cent of the

total votes even in the voting under clause (4), re -voting shall be held. A

51

candidate who secures a majority of the t otal valid votes cast in such voting

shall be elected as the President.

(6) If a person who holds a political office to be fill ed 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) Electi on to the President and other m atters related thereto shall

be as provided for in the Federal law.

63. Term of o ffice 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 un der this Constitution until another

elected President assumes his or her office.

64. Qualification for President : (1) A person who has the following qualification

shall be qualified to become the President:

(a) being qualified to become a member of the Federal Parliament,

(b) having completed the age of at least forty five years, and

(c) not being disqualified by any law.

(2) Notwithstanding anything contained in clause (1), a person who

has already been elected twice as the President shall not become a candidate in

the election to the President.

65. Vacation of o ffice of President : The office of the President shall become vacant

in any of the following circumstances:

(a) if he or she tenders resignation i n writing to the Vice -President,

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

Article 101,

52

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

(d) If he or she dies.

66. Functions, duties and p owers of President : (1) The President shall exercise

such powers and perform such duties a s conferred to him or her pursuant to

this Constitution or a Federal l aw.

(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 L aw. Such recommendation

and consent shall be submitted through the Prime Minister.

(3) Any decisio n 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 l aw.

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 o ffice of Vice -president : The office of the Vice -president shall

become vacant in any of the following circumstances:

(a) if he or she tenders resignat ion in writing to the Preside nt,

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

Article 101,

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

53

(d) if he or she dies.

69. Other provisions relating to Vice -President : Provisions relatin g to the

qualification, procedures of el ection and term of office of the Vice -President

shall be the same as that of the President.