nayan135/constitution · Datasets at Hugging Face

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(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 p roclamation or order of the state of emergency.
86. Compos ition of National Assembly and term of o ffice of its m embers : (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 person s 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
Municipal ities, 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
Municipal ities, 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
62
the members on the expiry of two yea rs, 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 el ection 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 m ember : (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 o f this clause, "office of profi t" mean s 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.
63
(3) If a p erson 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 t akes an oath of office of member of
the Federal Parliament.
88. Oath : Every me mber 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, t ake an oath as provided for in the Federal law.
89. Vacation of s eat: 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 fro m 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 m ember : 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 .
64
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 repres entatives 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 p arty
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 .
(5) If election to the Speaker and the Deputy Speaker is not held or if
both the positions become vacant, the attending member who is by age the
senior -most shall chair the meeting of the House of Representatives .
(6) The office of the Speaker o r Deputy Speaker of the House of

(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 p roclamation or order of the state of emergency.

86. Compos ition of National Assembly and term of o ffice of its m embers : (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 person s 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

Municipal ities, 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

Municipal ities, 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

62

the members on the expiry of two yea rs, 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 el ection 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 m ember : (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 o f this clause, "office of profi t" mean s 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.

63

(3) If a p erson 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 t akes an oath of office of member of

the Federal Parliament.

88. Oath : Every me mber 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, t ake an oath as provided for in the Federal law.

89. Vacation of s eat: 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 fro m 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 m ember : 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 .

64

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 repres entatives 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 p arty

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 .

(5) If election to the Speaker and the Deputy Speaker is not held or if

both the positions become vacant, the attending member who is by age the

senior -most shall chair the meeting of the House of Representatives .

(6) The office of the Speaker o r Deputy Speaker of the House of