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constitution

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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. Non-member of Federal Parliament to be Minister : (1) Notwithstanding
anything contained in clause (9) of Artic le 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 mo nths 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 f acilities 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
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Assistant Ministe rs, 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 b usiness 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.
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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 t he 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 fiv e 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.
(2) The Federal law shall provide that, in fielding cand idacy 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 , Muslim s and backward regions, on the basis of popul ation. In so
fielding candidacy , regard shall also be had to geography and territorial
balance.
Explanation : For the purpose s of this clause, "Khas Arya " means Kshetri,
Brahmin , Thakuri , Sanyasi (Dashnami) commu nity.
(3) In fielding candidacy under clause (2), political parties shall
provide for representation of the persons with disabilities as well.
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(4) Election to the House of Representatives under clause (1) shall
be held through secret ballots in accorda nce 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 containe d 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 politic al party
under sub -clause (a) of clause (1) and sub -clause (a) of c lause (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.
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(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.