nayan135/constitution · Datasets at Hugging Face

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100. Provisions r elating to vote o f confidence and motion of no-confidence : (1) The
Prime Minister may, whenever he or she considers necessary or appropriate to
show that he or she has confidence from the House of Representatives , table a
motion to that effect in the House of Representatives for the vote of
confidence .
(2) If the political party which the Prime Minister represents is
divided or a political party in coalition government withdraws its support, the
Prime Minister shall table a motion in the House of Representatives for a vote
of confidence within thirty days.
(3) If a motion tabled under clauses (1) and (2) is not passed by a
majority of the total number of the then members of the House of
Representatives, the Prime Minister shall rel ieve of his or her office.
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(4) One-fourth of the total number of the then members of the House
of Representatives may table a motion of no-confidence in writing that the
House has no confidence in the Prime Minister.
Provided th at a motion of no confidence shall not be tabled until the first
two years after the appointment of the Prime Minister and until another one
year after the date of failure of the motion of no confidence once tabled.
(5) A motion of no confidence to be tabled under clause (4) shall
also indicate the name of a member propose d for the Prime Minister .
(6) If a motion of no confidence tabled under clause (4) is passed by
a majority of the total number of the then members of the House of
Representatives, the Prime Minister shall relieve of his or her office.
(7) If the office of Prime Minister falls vacant because of the passage
of a motion of no confidence under clause (6), the President shall , in
accordance with Article 76, appoint as the Prime Minister the member of the
House of Represent atives proposed under clause (5).
101. Impeachment : (1) One fourth of the total number of the then members of the
House of Representatives may move a motion of impeachment against the
President or Vice -President on the ground of serious violation of this
Constitution and the Federal law. If the motion is passed by at least two thirds
majority of th e total number of the then members of both Houses of the Federal
Parliament, he or she shall relive of his or her office.
(2) One fourth of the total number of the then members of the House
of Representatives may move a motion of impeachment against the Ch ief
Justice of Nepal or a Judge of the Supr eme Court , member of the Judicial
Council, chief or official of a Constitutional Body on the ground of his or her
failure to fulfil his or her duties of office because of serious violation of this
Constitution and law, incompetence or misconduct or failure to discharge the
70
duties of office honestly or serious violation of the code of conduct . If the
motion is passed by at least two thirds majority of the total number of the then
members of the House of Representati ves, the concerned person shall reli eve
of his or her office.
(3) There shall be an impeachment recommendation committee in
the House of Representatives for the purpose of making recommendation after
inquiring into whether there exist the ground and reason for moving a motion
of impeachment against a ny person under clause (2).
(4) The committee under clause (3) shall consist of eleven members
of the House of Representatives.
(5) If at least three members of the House of Representatives certi fy
and submit a petition that the received information, notice or petition is
admissible on the ground of serious violation of the Constitution or
incompetence or misconduct or failure to discharge the duties of office
honestly or serious violation of the code of conduct by the person relieving of
office on impeachment under clause (2) , and the committee under cla use (3),
upon inquiring into such petition in accordance with Federal law, make s
recommendation to the House of Representatives for impeachment
proceedings , a mot ion of impeachment under clause (2) may be moved .
(6) After the commencement of impeachment proceedings under
clause (2) , the Chief Justice of Nepal or Judge of the Supreme Court , member
of the Judicial Council, chief or official of the Constitutional Body shall not be
allowed to discharge the duties of his or her office pending the settlement of
such proceedings.
(7) A person who is charged with impeachment under clause (1) or
(2) shall be provided with a reasonable opportunity to defend himself or
herself .
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(8) Nothing shall bar the taking of action under the Federal law in
relation to the offence, if any, committed while in office by the President or
Vice -President, Chief Justice of Nepal or a Judge of the Supreme Court of
Nepal , member of the Judicial Cou ncil, chief or official of a Constitutional
Body who is relieved of office upon the passage of a motion of impeachment
under this Article.
(9) A person who is relieved of office on the passage of a motion of
impeachment under clause (1) or (2) shall not be entitled to obtain any facility
accruing from such office and to be appointed or nominated to any public
office in the future.
(10) Other matters relating to impeachment shall be as provided for in
the Federal law.
102. Penalty for unauthorized presence or voting : If a person who has not taken oath
under Article 88 or who is not a member of the Federal Parliament is present or
votes in the capacity of member in a meeting of either House of the Federal
Parliament or of its committee , the person shall, by o rder of the person chairing
the meeting, be fined with a sum of five thousand rupees for each instance of
such presence or voting, and such fine shall be recovered as a government due.
103. Privileges : (1) There shall be full freedom of speech in both Houses of the
Federal Parliament; and no member shall be arrested, detained or prosecuted in
any court for anything expressed or any vote cast by him or her in the House.
(2) Each House of t he Federal Parliamen t shall , subject to this
Constitution, have full power to regulate and decide its internal business , and
the concerned House shall have the exclusive right to decide whether or not
any of its proceedings is regular or irregular. No question shall be ra ised in any
court in this behalf .
72
(3) No comment shall be made about the good faith concerning any
proceeding of any House of the Federal Parliament, and no publication and
broadcasting of any kind shall be made about anything said by any member,
intentionally distorting or misinterpreting the meaning of the speech.

100. Provisions r elating to vote o f confidence and motion of no-confidence : (1) The

Prime Minister may, whenever he or she considers necessary or appropriate to

show that he or she has confidence from the House of Representatives , table a

motion to that effect in the House of Representatives for the vote of

confidence .

(2) If the political party which the Prime Minister represents is

divided or a political party in coalition government withdraws its support, the

Prime Minister shall table a motion in the House of Representatives for a vote

of confidence within thirty days.

(3) If a motion tabled under clauses (1) and (2) is not passed by a

majority of the total number of the then members of the House of

Representatives, the Prime Minister shall rel ieve of his or her office.

69

(4) One-fourth of the total number of the then members of the House

of Representatives may table a motion of no-confidence in writing that the

House has no confidence in the Prime Minister.

Provided th at a motion of no confidence shall not be tabled until the first

two years after the appointment of the Prime Minister and until another one

year after the date of failure of the motion of no confidence once tabled.

(5) A motion of no confidence to be tabled under clause (4) shall

also indicate the name of a member propose d for the Prime Minister .

(6) If a motion of no confidence tabled under clause (4) is passed by

a majority of the total number of the then members of the House of

Representatives, the Prime Minister shall relieve of his or her office.

(7) If the office of Prime Minister falls vacant because of the passage

of a motion of no confidence under clause (6), the President shall , in

accordance with Article 76, appoint as the Prime Minister the member of the

House of Represent atives proposed under clause (5).

101. Impeachment : (1) One fourth of the total number of the then members of the

House of Representatives may move a motion of impeachment against the

President or Vice -President on the ground of serious violation of this

Constitution and the Federal law. If the motion is passed by at least two thirds

majority of th e total number of the then members of both Houses of the Federal

Parliament, he or she shall relive of his or her office.

(2) One fourth of the total number of the then members of the House

of Representatives may move a motion of impeachment against the Ch ief

Justice of Nepal or a Judge of the Supr eme Court , member of the Judicial

Council, chief or official of a Constitutional Body on the ground of his or her

failure to fulfil his or her duties of office because of serious violation of this

Constitution and law, incompetence or misconduct or failure to discharge the

70

duties of office honestly or serious violation of the code of conduct . If the

motion is passed by at least two thirds majority of the total number of the then

members of the House of Representati ves, the concerned person shall reli eve

of his or her office.

(3) There shall be an impeachment recommendation committee in

the House of Representatives for the purpose of making recommendation after

inquiring into whether there exist the ground and reason for moving a motion

of impeachment against a ny person under clause (2).

(4) The committee under clause (3) shall consist of eleven members

of the House of Representatives.

(5) If at least three members of the House of Representatives certi fy

and submit a petition that the received information, notice or petition is

admissible on the ground of serious violation of the Constitution or

incompetence or misconduct or failure to discharge the duties of office

honestly or serious violation of the code of conduct by the person relieving of

office on impeachment under clause (2) , and the committee under cla use (3),

upon inquiring into such petition in accordance with Federal law, make s

recommendation to the House of Representatives for impeachment

proceedings , a mot ion of impeachment under clause (2) may be moved .

(6) After the commencement of impeachment proceedings under

clause (2) , the Chief Justice of Nepal or Judge of the Supreme Court , member

of the Judicial Council, chief or official of the Constitutional Body shall not be

allowed to discharge the duties of his or her office pending the settlement of

such proceedings.

(7) A person who is charged with impeachment under clause (1) or

(2) shall be provided with a reasonable opportunity to defend himself or

herself .

71

(8) Nothing shall bar the taking of action under the Federal law in

relation to the offence, if any, committed while in office by the President or

Vice -President, Chief Justice of Nepal or a Judge of the Supreme Court of

Nepal , member of the Judicial Cou ncil, chief or official of a Constitutional

Body who is relieved of office upon the passage of a motion of impeachment

under this Article.

(9) A person who is relieved of office on the passage of a motion of

impeachment under clause (1) or (2) shall not be entitled to obtain any facility

accruing from such office and to be appointed or nominated to any public

office in the future.

(10) Other matters relating to impeachment shall be as provided for in

the Federal law.

102. Penalty for unauthorized presence or voting : If a person who has not taken oath

under Article 88 or who is not a member of the Federal Parliament is present or

votes in the capacity of member in a meeting of either House of the Federal

Parliament or of its committee , the person shall, by o rder of the person chairing

the meeting, be fined with a sum of five thousand rupees for each instance of

such presence or voting, and such fine shall be recovered as a government due.

103. Privileges : (1) There shall be full freedom of speech in both Houses of the

Federal Parliament; and no member shall be arrested, detained or prosecuted in

any court for anything expressed or any vote cast by him or her in the House.

(2) Each House of t he Federal Parliamen t shall , subject to this

Constitution, have full power to regulate and decide its internal business , and

the concerned House shall have the exclusive right to decide whether or not

any of its proceedings is regular or irregular. No question shall be ra ised in any

court in this behalf .

72

(3) No comment shall be made about the good faith concerning any

proceeding of any House of the Federal Parliament, and no publication and

broadcasting of any kind shall be made about anything said by any member,

intentionally distorting or misinterpreting the meaning of the speech.