nayan135/constitution · Datasets at Hugging Face

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thirds 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 the
period mentioned in that motion.
(8) In the event of dissolution of the House of Representatives, the
powers exercisable by the Federal Parliament in accordance with clauses (3),
(4), (6) and (7) shall be exercised by the National Assembly.
(9) After the making of a declaration or order of a state of
emergency in accordance with clause (1), the President may issue such orders
as are necessary to meet the exigen cies. Orders so issued shall apply as of law
so long as the state of emergency is in operation.
(10) At the time of making a declaration or order of a state of
emergency in accordance with clause (1), the fundame ntal rights as provided in
Part-3 may be suspended until the declaration or order is in operation.
Provided that Article 16, sub -clauses (c) and (d) of clause (2) of Article
17, Art icle 18, clause (2) of Article 19 , Articles 20, 21, 22 and 24, clause (1) of
Article 26, Articles 29, 30, 31, 32, 35, clauses (1) and (2 ) of Article 36,
Articles 38 and 39, clauses (2) and (3) of Article 40, Articles 41, 42, 43 and 45,
the right to constitutional remedy in relation to such Articles pursuant to
Article 46 and the right to the remedy of habeas corpus shall not be suspended.
(11) If any Article of this Constitution is suspended pursuant to clause
(10), no petition may lie in any court f or the enforcement of the fun damental
right conferred by that Article nor may a question be raised in any C ourt in that
respect.
(12) If, during the continuance of a declaration or order under this
Article, any injury is caused to a person from any act don e by any offi cial in
bad faith, the victim may, within three months fro m the date of termination of
193
that declaration or order, file a petition for c ompensation for such injury. If
such petition is made , the court may order for compensation by, and punish ,
the perpetrator as provided for in the Federal l aw.
(13) The President may, at any time, withdraw a declaration or order
of a state of emergency made in accordance with this Article.

194
Part-31
Amendment to the Constitution
274. Amendment to Constitution : (1) No amendment shall be made to this
Constitution in manner to be prejudicial to the sovereignty, territorial integrity,
independence of Nepal and sovereignty vested in the people.
(2) Subject to clause (1) and other Articles of this Constitution, a Bill
to amend or repeal any Article of this Constitution may be introduced in either
House of the Federal Parliament .
Provided that clause (1) shall not be amended.
(3) A Bill introduced pursuant to clause (1) shall be publicly
published for information to the general public within thirty days of its
introduction in the concerned House.
(4) If a Bill introduced pursuant to clause (1) is related with the
alteration in the borders of any State or matters set forth in Schedule -6, the
Speaker or the Chairperson of the concerned House must send that Bill to the
State Assembly for its consent, within thirty days after its introduction in the
Federal Parliament .
(5) The concerned State Assembly must , by a majority of the total
number o f its the then members, accept or reject the Bill presented for its
consent pursuant to clause (4 ) and give information thereof to the Federal
Parliament within three months.
Provided that if any State Assembly is not in existence , such Bill must
be either accepted or rejected within three months after the date of holding of
the first meeting following the formation of that State Assembly.
(6) In the event of failure to give information of a cceptance or
rejection of such Bill within the period set forth in clause (5), nothing shall
195
prevent the House of the Federal Parliament in which the Bill was originated
from proceeding with the Bill.
(7) If the State Assembly, by its majority, gives a notice of rejection
of such Bill to the concerned House of the Federal Parliament within the period
under clause (5), the Bill shall be inoperative.
(8) A Bill which does not require th e consent of the State Assembly
or a Bill accepted by a majority of the State Assembly under clause (5) must be
passed by at least two-thirds majority of the total number of the then members
of both House s of the Federal Parliament .
(9) A Bill passed under clause (8) shall be presented to the President
for assent.
(10) The President shall give assent to a Bill presented under clause
(5), within fifteen days from the date of its receipt, and the Constitution shall
get amended from the date of assent.

196
Part-32
Miscellaneous
275. Provisions relating to referendum : (1) If a decision is made by a two -thirds
majority of the total number of the then members of the Federal Parliament
that it is necessary to hold a referendum with respect to any matter of national
importance, decision on that matter may be taken by way of referendum.
(2) Matters relating to referendum and other relevant matters shall be
as provided for in the Federal l aw.
276. Pardons : The President may, in accordance with law, grant pardons, suspend,
commute or re mit any sentence passed by any C ourt, judicial or quasi -judicial
body or administrative authority or body.
277. Titles, hono urs and decorations : (1) The President shall confer titles, hono urs
and decorations to be conferred on behalf of the State.
(2) No citizen of Nepal may, without the approval of the
Government of Nepal, accept any title, hono ur or decoration from any foreign
government.
278. Power to make treaties : (1) The Federation shall have the power to make
treaties or agreements.
(2) In making a treaty or agreement on a matter falling within the list
of State power , the Government of Nepal must consult the concerned State.
(3) A State Council of Ministers may, with the consent of the
Government of Nepal, make contractual agreements on financial and industrial
matters.

thirds 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 the

period mentioned in that motion.

(8) In the event of dissolution of the House of Representatives, the

powers exercisable by the Federal Parliament in accordance with clauses (3),

(4), (6) and (7) shall be exercised by the National Assembly.

(9) After the making of a declaration or order of a state of

emergency in accordance with clause (1), the President may issue such orders

as are necessary to meet the exigen cies. Orders so issued shall apply as of law

so long as the state of emergency is in operation.

(10) At the time of making a declaration or order of a state of

emergency in accordance with clause (1), the fundame ntal rights as provided in

Part-3 may be suspended until the declaration or order is in operation.

Provided that Article 16, sub -clauses (c) and (d) of clause (2) of Article

17, Art icle 18, clause (2) of Article 19 , Articles 20, 21, 22 and 24, clause (1) of

Article 26, Articles 29, 30, 31, 32, 35, clauses (1) and (2 ) of Article 36,

Articles 38 and 39, clauses (2) and (3) of Article 40, Articles 41, 42, 43 and 45,

the right to constitutional remedy in relation to such Articles pursuant to

Article 46 and the right to the remedy of habeas corpus shall not be suspended.

(11) If any Article of this Constitution is suspended pursuant to clause

(10), no petition may lie in any court f or the enforcement of the fun damental

right conferred by that Article nor may a question be raised in any C ourt in that

respect.

(12) If, during the continuance of a declaration or order under this

Article, any injury is caused to a person from any act don e by any offi cial in

bad faith, the victim may, within three months fro m the date of termination of

193

that declaration or order, file a petition for c ompensation for such injury. If

such petition is made , the court may order for compensation by, and punish ,

the perpetrator as provided for in the Federal l aw.

(13) The President may, at any time, withdraw a declaration or order

of a state of emergency made in accordance with this Article.

194

Part-31

Amendment to the Constitution

274. Amendment to Constitution : (1) No amendment shall be made to this

Constitution in manner to be prejudicial to the sovereignty, territorial integrity,

independence of Nepal and sovereignty vested in the people.

(2) Subject to clause (1) and other Articles of this Constitution, a Bill

to amend or repeal any Article of this Constitution may be introduced in either

House of the Federal Parliament .

Provided that clause (1) shall not be amended.

(3) A Bill introduced pursuant to clause (1) shall be publicly

published for information to the general public within thirty days of its

introduction in the concerned House.

(4) If a Bill introduced pursuant to clause (1) is related with the

alteration in the borders of any State or matters set forth in Schedule -6, the

Speaker or the Chairperson of the concerned House must send that Bill to the

State Assembly for its consent, within thirty days after its introduction in the

Federal Parliament .

(5) The concerned State Assembly must , by a majority of the total

number o f its the then members, accept or reject the Bill presented for its

consent pursuant to clause (4 ) and give information thereof to the Federal

Parliament within three months.

Provided that if any State Assembly is not in existence , such Bill must

be either accepted or rejected within three months after the date of holding of

the first meeting following the formation of that State Assembly.

(6) In the event of failure to give information of a cceptance or

rejection of such Bill within the period set forth in clause (5), nothing shall

195

prevent the House of the Federal Parliament in which the Bill was originated

from proceeding with the Bill.

(7) If the State Assembly, by its majority, gives a notice of rejection

of such Bill to the concerned House of the Federal Parliament within the period

under clause (5), the Bill shall be inoperative.

(8) A Bill which does not require th e consent of the State Assembly

or a Bill accepted by a majority of the State Assembly under clause (5) must be

passed by at least two-thirds majority of the total number of the then members

of both House s of the Federal Parliament .

(9) A Bill passed under clause (8) shall be presented to the President

for assent.

(10) The President shall give assent to a Bill presented under clause

(5), within fifteen days from the date of its receipt, and the Constitution shall

get amended from the date of assent.

196

Part-32

Miscellaneous

275. Provisions relating to referendum : (1) If a decision is made by a two -thirds

majority of the total number of the then members of the Federal Parliament

that it is necessary to hold a referendum with respect to any matter of national

importance, decision on that matter may be taken by way of referendum.

(2) Matters relating to referendum and other relevant matters shall be

as provided for in the Federal l aw.

276. Pardons : The President may, in accordance with law, grant pardons, suspend,

commute or re mit any sentence passed by any C ourt, judicial or quasi -judicial

body or administrative authority or body.

277. Titles, hono urs and decorations : (1) The President shall confer titles, hono urs

and decorations to be conferred on behalf of the State.

(2) No citizen of Nepal may, without the approval of the

Government of Nepal, accept any title, hono ur or decoration from any foreign

government.

278. Power to make treaties : (1) The Federation shall have the power to make

treaties or agreements.

(2) In making a treaty or agreement on a matter falling within the list

of State power , the Government of Nepal must consult the concerned State.

(3) A State Council of Ministers may, with the consent of the

Government of Nepal, make contractual agreements on financial and industrial

matters.