nayan135/constitution · Datasets at Hugging Face

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279. Ratification of, accession to , acceptance of, or approval of, treaties or
agreements : (1) The ratification of, accession to, acceptance of, or approval of,
treaties or agreements to which Nepal or the Government of Nepal is to become
a party shall be as provided for in the Federal l aw.
197
(2) Any law to be made pursuant to clause (1) shall, inter alia ,
require that the ratification of, accession to, acceptance of, or approval of,
treaties or agreements on the following subjects must be made by a majority of
two-third s of the total number of the then members of both Houses of the
Federal Parliament:
(a) peace and friendship,
(b) defenc e and strategic alliance,
(c) boundaries of the State of Nepal, and
(d) natural resources, and the distribution of their uses.
Provided that , out of the treaties or agreements under sub-clauses (a)
and (d), if any treaty or agreement is of an ordinary nature, which does not
affect the nation extensively, seriously or in the long term, the ratification of,
accession to, acceptance of, or approva l of, such treaty or agreement may be
made by a simple majority of the members present in a meeting of the House
of Representatives .
(3) After the commencement of this Constitution, unless a treaty or
agreement is ratified, acceded to, accepted or approved in accordance with this
Article, such t reaty or agreement shall not apply to the Government of Nepal or
Nepal.
(4) Notwithstanding anything contained in clauses (1) and (2), no
treaty or agreement may be concluded in detrimental to the territ orial integri ty
of Nepal.
280. Special provision relating to discharge of functions of President : If the offices
of both the President and the Vice -President fall vacant in accordance with this
Constitution, the Speaker of the House of Representatives shall discharge t he
functions required to be performed by the President under this Constitution
198
until election to the President or Vice -President is held and he or she assumes
office.
281. Appraisal and review of special rights : The Government of Nepal shall make
appraisal and review of the implementation of special rights of the women and
Dalit community and impacts thereof, on the basis of human development
index, concurrently with a national census to be held in every ten years.
282. Ambassadors and special emissaries : (1) The President may, on the basis of the
principle of inclusion, appoint Nepalese ambassadors, and special emissaries
for any specific purposes.
(2) The President shall receive letters of credentials from foreign
ambassadors and diplomatic representat ives.
283. Appointments to be made in accordance with inclusive principle : Appointments
to office s of Constitutional Organs and B odies shall be made in accordance
with the inclusive principle.
284. Provisions relating to Constitutional Council : (1) There s hall be a
Constitutional Council for making recommendations for appointment of the
Chief Justice and Chiefs and officials of the Constitutional Bodies in
accordance with this Constitution, which shall consist of the fo llowing as the
Chairperson and m embers :
(a) The Prime Minister -Chairperson
(b) The Chief Justice -Member
(c) The Speaker of the House of Representatives -Member
(d) The Chairperson of the National Assembly -Member
(e) Leader of Opposition Party in the House of Representatives
-Member
(f) Deputy Speaker of the House of Representatives -Member
199
(2) While making a recommendation for appointment to the office of
the Chief Justice, the Constitutional Council shall include the Minister for Law
and Justice of the Government of Nepal, as its m ember.
(3) The Constitutional Council must make a recommendation for
appointment under this Constitution before one month of the vacation of the
office of the Chief Justice or a c hief or official of a Constitutional Body.
Provided that if such office falls vacant because of death or resignation ,
it may so make recommendation for appointment that the office is fulfilled
within one month after the date of vacancy.
(4) Other functions, duties and powers of the Constitutional C ouncil
and rules of procedures on the appointment of the Chief Justice or chiefs or
officials of Constitutional Bodies shall be as provided for in the Federal l aw.
(5) The Chief Secretary of the Government of Nepal shall act as the
secretary of the Constit utional Council.
285. Constitution of government service : (1) The Government of Nepal may, in
order to run the administration of the country, constitute the Federal civil
service and such other Federal government s ervices as may be required. The
constitution, operation and conditions of service of such services shall be as
provided for in the Federal Act.
(2) Positions in the Federal civil service as well as all Federal
government services shall be filled through competitive examinations, on the
basis of open and proportional inclusive principle.
(3) The State Council of Ministers, Villa ge Executives and
Municipal Executives may by law constitute and operate various government
services as required for the opera tion of their administration.
286. Election Constituency Delimitation Commission : (1) The Government of
Nepal may constitute an Election Constituency Delimitation Commission, to
200
determine election constituencies for the purpose of election to the members of
the Federal Parliament and members of the State Assemblies in accordance
with this Constitution , which shall consist of the following as the Chairperson
and members:
(a) Retired Judge of the Supreme Court -Chairperson
(b) One Ge ographer -Member
(c) One sociologist or demographer -Member
(d) One administration expert or jurist -Member
(e) Gazetted spec ial class officer of the
Government of Nepal -Member -
secretary
(2) The term of office of the Election Constituency Delimitation
Commission shall be as prescribed at the time of its constitution .

279. Ratification of, accession to , acceptance of, or approval of, treaties or

agreements : (1) The ratification of, accession to, acceptance of, or approval of,

treaties or agreements to which Nepal or the Government of Nepal is to become

a party shall be as provided for in the Federal l aw.

197

(2) Any law to be made pursuant to clause (1) shall, inter alia ,

require that the ratification of, accession to, acceptance of, or approval of,

treaties or agreements on the following subjects must be made by a majority of

two-third s of the total number of the then members of both Houses of the

Federal Parliament:

(a) peace and friendship,

(b) defenc e and strategic alliance,

(c) boundaries of the State of Nepal, and

(d) natural resources, and the distribution of their uses.

Provided that , out of the treaties or agreements under sub-clauses (a)

and (d), if any treaty or agreement is of an ordinary nature, which does not

affect the nation extensively, seriously or in the long term, the ratification of,

accession to, acceptance of, or approva l of, such treaty or agreement may be

made by a simple majority of the members present in a meeting of the House

of Representatives .

(3) After the commencement of this Constitution, unless a treaty or

agreement is ratified, acceded to, accepted or approved in accordance with this

Article, such t reaty or agreement shall not apply to the Government of Nepal or

Nepal.

(4) Notwithstanding anything contained in clauses (1) and (2), no

treaty or agreement may be concluded in detrimental to the territ orial integri ty

of Nepal.

280. Special provision relating to discharge of functions of President : If the offices

of both the President and the Vice -President fall vacant in accordance with this

Constitution, the Speaker of the House of Representatives shall discharge t he

functions required to be performed by the President under this Constitution

198

until election to the President or Vice -President is held and he or she assumes

office.

281. Appraisal and review of special rights : The Government of Nepal shall make

appraisal and review of the implementation of special rights of the women and

Dalit community and impacts thereof, on the basis of human development

index, concurrently with a national census to be held in every ten years.

282. Ambassadors and special emissaries : (1) The President may, on the basis of the

principle of inclusion, appoint Nepalese ambassadors, and special emissaries

for any specific purposes.

(2) The President shall receive letters of credentials from foreign

ambassadors and diplomatic representat ives.

283. Appointments to be made in accordance with inclusive principle : Appointments

to office s of Constitutional Organs and B odies shall be made in accordance

with the inclusive principle.

284. Provisions relating to Constitutional Council : (1) There s hall be a

Constitutional Council for making recommendations for appointment of the

Chief Justice and Chiefs and officials of the Constitutional Bodies in

accordance with this Constitution, which shall consist of the fo llowing as the

Chairperson and m embers :

(a) The Prime Minister -Chairperson

(b) The Chief Justice -Member

(c) The Speaker of the House of Representatives -Member

(d) The Chairperson of the National Assembly -Member

(e) Leader of Opposition Party in the House of Representatives

-Member

(f) Deputy Speaker of the House of Representatives -Member

199

(2) While making a recommendation for appointment to the office of

the Chief Justice, the Constitutional Council shall include the Minister for Law

and Justice of the Government of Nepal, as its m ember.

(3) The Constitutional Council must make a recommendation for

appointment under this Constitution before one month of the vacation of the

office of the Chief Justice or a c hief or official of a Constitutional Body.

Provided that if such office falls vacant because of death or resignation ,

it may so make recommendation for appointment that the office is fulfilled

within one month after the date of vacancy.

(4) Other functions, duties and powers of the Constitutional C ouncil

and rules of procedures on the appointment of the Chief Justice or chiefs or

officials of Constitutional Bodies shall be as provided for in the Federal l aw.

(5) The Chief Secretary of the Government of Nepal shall act as the

secretary of the Constit utional Council.

285. Constitution of government service : (1) The Government of Nepal may, in

order to run the administration of the country, constitute the Federal civil

service and such other Federal government s ervices as may be required. The

constitution, operation and conditions of service of such services shall be as

provided for in the Federal Act.

(2) Positions in the Federal civil service as well as all Federal

government services shall be filled through competitive examinations, on the

basis of open and proportional inclusive principle.

(3) The State Council of Ministers, Villa ge Executives and

Municipal Executives may by law constitute and operate various government

services as required for the opera tion of their administration.

286. Election Constituency Delimitation Commission : (1) The Government of

Nepal may constitute an Election Constituency Delimitation Commission, to

200

determine election constituencies for the purpose of election to the members of

the Federal Parliament and members of the State Assemblies in accordance

with this Constitution , which shall consist of the following as the Chairperson

and members:

(a) Retired Judge of the Supreme Court -Chairperson

(b) One Ge ographer -Member

(c) One sociologist or demographer -Member

(d) One administration expert or jurist -Member

(e) Gazetted spec ial class officer of the

Government of Nepal -Member -

secretary

(2) The term of office of the Election Constituency Delimitation

Commission shall be as prescribed at the time of its constitution .