nayan135/constitution · Datasets at Hugging Face

text stringlengths 1 101
(2) Each State shall have a State police organization.
187
(3) Matters relating to the Operation, supervision and coordination of
functions to be discharged by the Nepal Police and the State police shall be as
provided for in the Federal l aw.
(4) Other matters relating to the Nepal Police, Armed Police Force,
Nepal and National Investigation Department shall be as provided by the
Federal l aw.

188
Part-29
Provisions Relating to Political Parties
269. Formation, registration and operation of political parties : (1) Persons who are
committed to common political ideology, philosophy and program may,
subject to laws made under sub -clause (c) of clause (2) of Article 17 , form and
operate political parties , and generate, or cause to be generated, publicity in
order to secure support and cooperation from the general public for their
ideolog y, philosophy and program or carry out other necessary activity for this
purpose.
(2) A political party formed in a ccordance with clause (1) must
register the party with the Election Commission upon fulfilment of the
procedures established by law.
(3) A petition to be made for the purpose of registration of a party in
accordance with clause (2) must be accompanied by the constitution and
manifesto of the concerned political party and such other documents as
required by the Federal l aw.
(4) For a petition to be made for the registration of a party in
accordance with clause (2), the political p arty must fulfil the following
conditions:
(a) its constitution and rules must be democratic,
(b) its constitution must provide for election of each of the office -
bearers of the party at the Federal and State levels at least once in
every five years;
provided that nothing shall bar the making of provision by the
constitution of a political party to hold such election within six
months in the event of failure to hold election of its office -
bearers within five years because of a special circumstance .
189
(c) there must be a provision of such inclusive representation in its
executive committees at various levels as may be reflecting the
diversity of Nepal.
(5) If the name, objective, insignia or flag of a political party is of
such a nature as to jeopardize th e religious and communal unity of the cou ntry
or to fragment the country, that party shall not be registered.
270. Prohibition on imposition of restrictions on political parties: (1) Any law,
arrangement or decision so made as to impose any restriction on the formation
and operation of a political party and on the generation of publicity in order to
secure support and cooperation from the general public for the ideology,
philosophy and program of the party in accordance with Article 269 shall be
deemed to b e inconsistent with this Constitution and shall, ipso facto, be void.
(2) Any law, arrangement or decision so made as to allow for
participation or involvement of only a single political party or persons having
similar political ideology, philosophy or program in the elections or in the
political system of, or in the conduct of governance of, the country shall be
deemed to b e inconsistent with this Constitution and shall, ipso facto, be void.
271. Registration required for securing recognition for the purpose of contesting
elections as political party: (1) Every political party that is registered in
accordance with Article 26 9 and intends to secure recognition from the
Election Commission for the purposes of elections must be registered with t he
Election Commission in fulfi lment of the procedures set forth in the Federal
law.
(2) The political party must submit a yearly aud it report in addition
to the matters set forth in clause (3) of Article 269 along with a n application to
be made for the purpose of clause (1) and also fulfil the terms set forth in clause
(4) of that Article.
190
272. Other provisions relating to political pa rties: Provisions relating to the
formation, registration, operation and facilities of political parties and other
matters pertaining thereto shall be as provided for in the Federal l aw.

191
Part-30
Emergency Power
273. Emergency p ower : (1) If a grave emergency arises in regard to the sovereignty ,
territorial integrity of Nepal or the security of any part the reof, by war, external
aggression, armed rebellion, extreme economic disarray, natural calamity or
epidemic , the President may declare or order a state of emergency in respect of
the whole of Nepal or of any specified part thereof.
(2) Notwithstanding anything contained in clause (1), if there arises
a grave emergency in a State by a natural calamity or epidemic, the concerned
State Government may re quest the Government of Nepal to d eclare or order a
state of emergency in respect of the whole of the State or of any specified part
thereof, in accordance with this Ar ticle.
(3) Every declaration or order made in accordance with clause (1)
shall be laid b efore both Houses of the Federal Parliament for approval within
one month after the date of issuance of such proclamation or order.
(4) If a declaration or order laid for approval in accordance with
clause (3 ) is approved by a t least two-third s majority of the total number of the
then members of both Houses of the Federal Parliament, the declaration or
order shall continue in force for a period of three months from the date of its
issuance.
(5) If a declaration or or der laid for approval in acco rdance with
clause (3 ) is not approved in accordance with clause (3), the declaration or
order shall ipso facto be inoperative .
(6) Notwithstanding anything contained elsewhere in this Article,
prior to expiration of the period mentioned in clause (4 ), a motion to extend the
period of the declar ation or order of state of emergency for another period not
exceeding three months may be submitted to the Federal Parliament.
192
(7) If a motion mentioned in clause (6) is passed by at least two -

(2) Each State shall have a State police organization.

187

(3) Matters relating to the Operation, supervision and coordination of

functions to be discharged by the Nepal Police and the State police shall be as

provided for in the Federal l aw.

(4) Other matters relating to the Nepal Police, Armed Police Force,

Nepal and National Investigation Department shall be as provided by the

Federal l aw.

188

Part-29

Provisions Relating to Political Parties

269. Formation, registration and operation of political parties : (1) Persons who are

committed to common political ideology, philosophy and program may,

subject to laws made under sub -clause (c) of clause (2) of Article 17 , form and

operate political parties , and generate, or cause to be generated, publicity in

order to secure support and cooperation from the general public for their

ideolog y, philosophy and program or carry out other necessary activity for this

purpose.

(2) A political party formed in a ccordance with clause (1) must

register the party with the Election Commission upon fulfilment of the

procedures established by law.

(3) A petition to be made for the purpose of registration of a party in

accordance with clause (2) must be accompanied by the constitution and

manifesto of the concerned political party and such other documents as

required by the Federal l aw.

(4) For a petition to be made for the registration of a party in

accordance with clause (2), the political p arty must fulfil the following

conditions:

(a) its constitution and rules must be democratic,

(b) its constitution must provide for election of each of the office -

bearers of the party at the Federal and State levels at least once in

every five years;

provided that nothing shall bar the making of provision by the

constitution of a political party to hold such election within six

months in the event of failure to hold election of its office -

bearers within five years because of a special circumstance .

189

(c) there must be a provision of such inclusive representation in its

executive committees at various levels as may be reflecting the

diversity of Nepal.

(5) If the name, objective, insignia or flag of a political party is of

such a nature as to jeopardize th e religious and communal unity of the cou ntry

or to fragment the country, that party shall not be registered.

270. Prohibition on imposition of restrictions on political parties: (1) Any law,

arrangement or decision so made as to impose any restriction on the formation

and operation of a political party and on the generation of publicity in order to

secure support and cooperation from the general public for the ideology,

philosophy and program of the party in accordance with Article 269 shall be

deemed to b e inconsistent with this Constitution and shall, ipso facto, be void.

(2) Any law, arrangement or decision so made as to allow for

participation or involvement of only a single political party or persons having

similar political ideology, philosophy or program in the elections or in the

political system of, or in the conduct of governance of, the country shall be

deemed to b e inconsistent with this Constitution and shall, ipso facto, be void.

271. Registration required for securing recognition for the purpose of contesting

elections as political party: (1) Every political party that is registered in

accordance with Article 26 9 and intends to secure recognition from the

Election Commission for the purposes of elections must be registered with t he

Election Commission in fulfi lment of the procedures set forth in the Federal

law.

(2) The political party must submit a yearly aud it report in addition

to the matters set forth in clause (3) of Article 269 along with a n application to

be made for the purpose of clause (1) and also fulfil the terms set forth in clause

(4) of that Article.

190

272. Other provisions relating to political pa rties: Provisions relating to the

formation, registration, operation and facilities of political parties and other

matters pertaining thereto shall be as provided for in the Federal l aw.

191

Part-30

Emergency Power

273. Emergency p ower : (1) If a grave emergency arises in regard to the sovereignty ,

territorial integrity of Nepal or the security of any part the reof, by war, external

aggression, armed rebellion, extreme economic disarray, natural calamity or

epidemic , the President may declare or order a state of emergency in respect of

the whole of Nepal or of any specified part thereof.

(2) Notwithstanding anything contained in clause (1), if there arises

a grave emergency in a State by a natural calamity or epidemic, the concerned

State Government may re quest the Government of Nepal to d eclare or order a

state of emergency in respect of the whole of the State or of any specified part

thereof, in accordance with this Ar ticle.

(3) Every declaration or order made in accordance with clause (1)

shall be laid b efore both Houses of the Federal Parliament for approval within

one month after the date of issuance of such proclamation or order.

(4) If a declaration or order laid for approval in accordance with

clause (3 ) is approved by a t least two-third s majority of the total number of the

then members of both Houses of the Federal Parliament, the declaration or

order shall continue in force for a period of three months from the date of its

issuance.

(5) If a declaration or or der laid for approval in acco rdance with

clause (3 ) is not approved in accordance with clause (3), the declaration or

order shall ipso facto be inoperative .

(6) Notwithstanding anything contained elsewhere in this Article,

prior to expiration of the period mentioned in clause (4 ), a motion to extend the

period of the declar ation or order of state of emergency for another period not

exceeding three months may be submitted to the Federal Parliament.

192

(7) If a motion mentioned in clause (6) is passed by at least two -