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70. President and Vice -President to be from different sex or c ommunity : Election
to the President and the Vice -president under this Constitution shall be so made
as to have representation of different sex or community.
71. Oath by President and Vice -President : Prior to assuming their respective
office s, 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 l aw.
72. Remuneration and f acilities 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 arrangem ents for
employees and other provisions as required to perform the functions of the
offices under clause (1).
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Part-7
Federal Executive
74. Form of g overnment : The form of government of Nepal shall be multi -party,
competitive, federal, democratic, republican, parliamentary form of
government based on pluralism.
75. Executive p ower : (1) The executive power of Nepal shall, pursua nt to this
Constitution and law , be vested in the Council of Ministers.
(2) The responsibility for issuing general directive s, controlling and
regulatin g the governance of Nepal shall, subje ct 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 Presiden t 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 ma jority 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
Representative s.
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(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) sha ll obtain
a vote of confidence from the House of Representatives no later than thirty
days after the date of such appointment.
(5) In cases where the Prime Minister appointed under clause (3)
fails to obtain a vote of confidence under clause (4) and any me mber 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
Hous e 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.
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(9) The President shall, on recommendation of the Prime Minister,
constitute the Cou ncil of Ministers comprising a maximum of twenty five
Ministers including the Prime Minister, in accordan ce with the inclusive
principle , from amongst the members of the Federal Parliament.
Explanation : For the purposes o f 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
respo nsible for the work of their respective Ministries to the Prime Minister
and the Federal Parliament.
77. Vacation of o ffice 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 Prim e Ministe r falls vacant under sub -clause (a),
(b) or (c) of clause (1),
(d) if he or she dies.
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(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 cons tituted.