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their appointment, exist in the Federal Parliament Secretariat set forth in this
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Constitution.
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(6) Where the Legislature -Parliament is in rec ess at the time of
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commencement of this Constitution, the President shall summon its session no
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later than seven days after the date of commencement of this Constitution. The
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President shall thereafter summon a session of the Legislature -Parliament from
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time to tim e.
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297. Provisions relating to the President and the Vice -President : (1) The President
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and the Vice -President existing at the time of commencement of this
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Constitution shall continue to hold their respective offices until other President
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and Vice -President are elected in accordance with this Article.
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209
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(2) The Legislature -Parliament set forth in clause (1) of Article 296
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shall, on the basis of political understanding, elect the President and the Vice -
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President, no later than one month after th e date of the commencement of this
|
Constitution where the Legislature -Parliament is not in recess at the time of
|
commencement of this Constitution and after the date on which the session is
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summoned in accordan ce with clause (6) of Article 29 6 where the Le gislature -
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Parliament is in recess.
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(3) In the event of failure to have an understanding under clause (2),
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the President and the Vice -President must be elected by a majority of all the
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then members of the Legislature -Parliament.
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(4) If the office of the President or Vice -President elected in
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accordance with clause (2) or (3) falls vacant for any reason, the President or
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Vice -President shall be elected by the Legislature -Parliament in accordance
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with this Article until the Federal Parliament is formed.
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(5) The term of office of the President or Vice -President elected in
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accordance with this Article shall continue to exist until another President or
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Vice -President elected by an electoral college set forth in Article 62 assumes
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office.
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(6) The office of the President or Vice -President elected in
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accordance with this Article shall become vacant in any of the following
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circumstances:
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(a) if the President tenders r esignation in writing to the Vice -
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President and the Vice -President, before the President ,
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(b) if a motion of impeachment against him or her is passed in
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accordance with clause (7) ,
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(c) if another President or Vice -President elected by an electoral
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college set forth in Article 62 assumes office,
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210
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(d) if he or she dies.
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(7) At least one fourth of the total number of the then members of
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the Legislature -Parliament set forth in clause (1) of Article 296 may move a
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motion of impeachment against the President or Vice -President elected in
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accordance with this Article on the ground of serious violation of th is
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Constitution and law. If the motion is passed by at least two thirds majority of
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the total number of the then members of the Legislature -Parliament, he or she
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shall relive of his or her office
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298. Provisions relating to formation of Council of Minister s: (1) The Council of
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Ministers existing at the time of commencement of this Constitution shall
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continue to exist until the Council of Ministers set forth in clause (2) is formed.
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(2) The Prime Minister shall, on the basis of political understanding,
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be elected no later than seven days after the date of the commencement of this
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Constitution where the Legislature -Parliament is not in recess at the time of
|
commencement of this Constitution, and after the date on which the session of
|
the Legislature -Parliam ent summoned in accordance with clause (6) of Article
|
286 commences where the Legi slature -Parliament is in recess, and a Council of
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Ministers shall be formed under his or her chairpersonship.
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(3) In the event of failure to have an understanding under cl ause (2),
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the Prime Minister shall be elected by a majority of all the then members of the
|
Legislature -Parliament.
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(4) The composition and allocation of portfolios of the Council of
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Ministers to be formed in accordance with this Article shall be made thr ough
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mutual understanding.
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(5) The Council of Ministers to be formed in accordance with this
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Article shall consist of a Deputy Prime Minister and other Ministers, as
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required.
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211
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(6) The Prime Minister appointed in accordance with this Article
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shall, in appointing Ministers in accordance with clause (5), appoint Ministers
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from amongst the members of the Legislature -Parliament, on the
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recommendation of the concerned party.
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(7) The Prime Minister and other Ministers appointed in accordance
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with this Artic le shall be collectively responsible to the Legislature -Parliament,
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and the Ministers shall be individually responsible to the Prime Minister and
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the Legislature - Parliament for the work of their respective Ministries.
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(8) The office of the Prime Ministe r appointed in accordance with
|
this Article shall be vacant in any of the following circumstances:
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(a) if he or she tenders resignation in writing to the President,
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(b) if a vote of no -confidence is passed against him or her or a vote
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of confidence is not passed in accordance with clause (14),
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(c) if he or she ceases to be a member of the Legislature -Parliament,
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(d) if he or she dies.
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(9) The office of the Deputy Prime Minister, Minister, Minister of
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State and Assistance Minister appointed in accordance with this Article shall
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be vacant in any of the following circumstances:
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(a) if he or she tenders resignation in writing to the Prime Minister,
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(b) if the Prime Minister is removed from office in accordance with
|
clause (8),
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(c) if he or she is removed from office by the Prime Minister on the
|
recommendation or advice of the concerned party ,
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(d) if he or she dies.
|
212
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(10) Even though the office of the Prime Minister falls vacant under
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clause (8), the same Council of Ministers shall con tinue to act until another
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Council of Ministers is constituted.
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(11) If the Prime Minister appointed in accordance with this Article
|
dies, the Deputy Prime Minister or senior -most Minister shall act a s the Prime
|
Minister until another Prime Minister is app ointed.
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(12) The Prime Minister appointed in accordance with this Article
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