nayan135/constitution · Datasets at Hugging Face

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may, whenever he or she considers necessary or appropriate to show/clarify
that he or she has confidence from the Legislature -Parliament , table a
resolution to that effect in the Legislature -Parliament for the vote of
confidence .
(13) At least o ne-fourth of the total number of the then members of
the Legislature -Parliament may table in writing a motion of no -confidence
against the Prime Minister appointed in accordance with this Article .
Provided that a motion of no confidence shall not be tabled more than
once in six moths' period against the same Prime Minister appointed in
accordance with this Article.
(14) A motion tabled under clauses (1 2) and (13 ) shall be decided by
a majo rity of the total number of the then members of the Legislature
Parliament.
(15) The Government of Nepal shall , after the commencement of this
Constitution, exercise the powers of a State until the Council of Ministers of
the State set forth in this Const itution is formed.
299. Provisions relating to Speaker and Deputy Speaker : (1) The Speaker and
Deputy Speaker existing at the time of commencement of this Constitution
shall continue to hold their respective offices until another Speaker and Deputy
Speaker is elected pursuant to this Constitution.
213
(2) The m embers of the Legislature -Parliament shall, on the basis of
political understanding, elect one Speaker and one Deputy Speaker from
themselves no later than twenty days after the 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
of the Legislature -Parliament is summoned in accordan ce with clause (6) of
Article 29 6 where t he Legislature -Parliament is in recess.
(3) In the event of failure to have an understanding under clause (2),
a member of the Legislature -Parliament who commands a majority of all the
then members of the Legislature -Parliament shall be deemed to be elected as
the Speaker or Deputy Speaker.
(4) In holding electing in accordance with clause (2) or (3), the
Speaker and the Deputy Speaker shall be members representing different
political parties in the Legislature -Parliament.
(5) In discharging his or her functions in accordance with this
Constitution, the Speaker or Deputy Speaker shall so discharge functions in the
capacity of a neutral person without standing for or against any political party
whatsoever.
(6) The office of the Speaker or Deputy Speaker shall become vacant
in any of the following circumstances:
(a) if he or she resigns in writing,
(b) if he or she ceases to be a member of the Legislature -Parliament ,
(c) if a resolution is passed by a majority of at least two-thirds of the
total number of the members of the Legislature -Parliament to the
effect that his or her conduct is not compatible with his or her
office,
(d) if he or she dies.
214
(7) The Deputy Speaker or another member shall preside over a
meeting at which deliberations are to be held on a resolution that the conduct
of the Speaker of the Legislature -Parliament is not co mpatible with his or her
office, and t he Speaker may take part and vo te in the deliberations on such
resolution.
(8) Other procedures on the election to the Speaker and Deputy
Speaker and procedures on th e moving and passage of a motion that the
Speaker or Deputy Speaker has committed conduct not compatible with his or
her office shall be as provided by the then prevailing rules of the Legislature -
Parliament.
300. Provisions relating to Judiciary : (1) The Supreme Court, Constituent Assembly
Court, Appellate Courts and District Courts existing at the time of
commencement of this Constitution shall continue to exist until the structure of
Judiciary set forth in this Constitution is set up. Nothing in this Constitution
shall be deemed to bar the settlement by respective Courts of the cases already
filed in such Courts prior to the commencement of this Constitution and of the
cases to be filed after the commencement of this Constitution .
(2) The Chief Justi ce and Judges of the Supreme Court, Chief Judges
and Judges of the Appellate Courts and Judges of the Districts Counts shall be
deemed to have been appointed under this Constitution.
(3) The High Courts set forth in Article 139 shall be established no
later than one year after the date of commencement of this Constitution . The
Appellate Courts existing at the time of commencement of this Constitution
shall be dissolve d after the establishment of such Courts.
(4) After the establishment of the High Courts in accordance with
clause (3), the cases sub judice in the Appellate Courts shall be transferred to
such High Courts as specified by the Government of Nepal, in consultation
with the Judicial Council, by notification in the Nepal Gazette.
215
(5) After the establishment of the High Courts in accordance with
clause (3), the Chief Justice shall, on recommendation of the Judicial Council,
post the Chief Judges and Judges of the Appellate Courts who are holding
office at the time of commencement of this Constitu tion to the offices of the
Chief Judges and Judges of the High Courts.
(6) The Additional Judges of the Appellate Courts who are holding
office at the time of commencement of this Constitution may continue to hold
office until the term specified at the ti me of their appointment.
(7) The cases on criminal offences punishable by imprisonment for a
term of more than one year and sub judice in any body other than a Court at the
time of commencement of this Constitution shall, after the commencement of
this Con stitution, be transferred to the concerned District Court.
301. Provisions r elating to Constitutional Bodies and o fficials thereof : (1) The
Constitutional Bodies which are existing at the time of commenceme nt of this
Constitution and provided in this Const itution shall be deemed to have been
formed under this Constitution , and nothing shall be deemed to bar the
settlement of the matters under consideration of such Bodies subject to this
Constitution.
(2) The chiefs or officials of the Constitutional Bodi es holding office
at the time of commencement of this Constitution shall be deemed to have been
appointed in accordance with this Constitution and shall continue to hold their
respective offices subject to the conditions of services at the time of their

may, whenever he or she considers necessary or appropriate to show/clarify

that he or she has confidence from the Legislature -Parliament , table a

resolution to that effect in the Legislature -Parliament for the vote of

confidence .

(13) At least o ne-fourth of the total number of the then members of

the Legislature -Parliament may table in writing a motion of no -confidence

against the Prime Minister appointed in accordance with this Article .

Provided that a motion of no confidence shall not be tabled more than

once in six moths' period against the same Prime Minister appointed in

accordance with this Article.

(14) A motion tabled under clauses (1 2) and (13 ) shall be decided by

a majo rity of the total number of the then members of the Legislature

Parliament.

(15) The Government of Nepal shall , after the commencement of this

Constitution, exercise the powers of a State until the Council of Ministers of

the State set forth in this Const itution is formed.

299. Provisions relating to Speaker and Deputy Speaker : (1) The Speaker and

Deputy Speaker existing at the time of commencement of this Constitution

shall continue to hold their respective offices until another Speaker and Deputy

Speaker is elected pursuant to this Constitution.

213

(2) The m embers of the Legislature -Parliament shall, on the basis of

political understanding, elect one Speaker and one Deputy Speaker from

themselves no later than twenty days after the 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

of the Legislature -Parliament is summoned in accordan ce with clause (6) of

Article 29 6 where t he Legislature -Parliament is in recess.

(3) In the event of failure to have an understanding under clause (2),

a member of the Legislature -Parliament who commands a majority of all the

then members of the Legislature -Parliament shall be deemed to be elected as

the Speaker or Deputy Speaker.

(4) In holding electing in accordance with clause (2) or (3), the

Speaker and the Deputy Speaker shall be members representing different

political parties in the Legislature -Parliament.

(5) In discharging his or her functions in accordance with this

Constitution, the Speaker or Deputy Speaker shall so discharge functions in the

capacity of a neutral person without standing for or against any political party

whatsoever.

(6) The office of the Speaker or Deputy Speaker shall become vacant

in any of the following circumstances:

(a) if he or she resigns in writing,

(b) if he or she ceases to be a member of the Legislature -Parliament ,

(c) if a resolution is passed by a majority of at least two-thirds of the

total number of the members of the Legislature -Parliament to the

effect that his or her conduct is not compatible with his or her

office,

(d) if he or she dies.

214

(7) The Deputy Speaker or another member shall preside over a

meeting at which deliberations are to be held on a resolution that the conduct

of the Speaker of the Legislature -Parliament is not co mpatible with his or her

office, and t he Speaker may take part and vo te in the deliberations on such

resolution.

(8) Other procedures on the election to the Speaker and Deputy

Speaker and procedures on th e moving and passage of a motion that the

Speaker or Deputy Speaker has committed conduct not compatible with his or

her office shall be as provided by the then prevailing rules of the Legislature -

Parliament.

300. Provisions relating to Judiciary : (1) The Supreme Court, Constituent Assembly

Court, Appellate Courts and District Courts existing at the time of

commencement of this Constitution shall continue to exist until the structure of

Judiciary set forth in this Constitution is set up. Nothing in this Constitution

shall be deemed to bar the settlement by respective Courts of the cases already

filed in such Courts prior to the commencement of this Constitution and of the

cases to be filed after the commencement of this Constitution .

(2) The Chief Justi ce and Judges of the Supreme Court, Chief Judges

and Judges of the Appellate Courts and Judges of the Districts Counts shall be

deemed to have been appointed under this Constitution.

(3) The High Courts set forth in Article 139 shall be established no

later than one year after the date of commencement of this Constitution . The

Appellate Courts existing at the time of commencement of this Constitution

shall be dissolve d after the establishment of such Courts.

(4) After the establishment of the High Courts in accordance with

clause (3), the cases sub judice in the Appellate Courts shall be transferred to

such High Courts as specified by the Government of Nepal, in consultation

with the Judicial Council, by notification in the Nepal Gazette.

215

(5) After the establishment of the High Courts in accordance with

clause (3), the Chief Justice shall, on recommendation of the Judicial Council,

post the Chief Judges and Judges of the Appellate Courts who are holding

office at the time of commencement of this Constitu tion to the offices of the

Chief Judges and Judges of the High Courts.

(6) The Additional Judges of the Appellate Courts who are holding

office at the time of commencement of this Constitution may continue to hold

office until the term specified at the ti me of their appointment.

(7) The cases on criminal offences punishable by imprisonment for a

term of more than one year and sub judice in any body other than a Court at the

time of commencement of this Constitution shall, after the commencement of

this Con stitution, be transferred to the concerned District Court.

301. Provisions r elating to Constitutional Bodies and o fficials thereof : (1) The

Constitutional Bodies which are existing at the time of commenceme nt of this

Constitution and provided in this Const itution shall be deemed to have been

formed under this Constitution , and nothing shall be deemed to bar the

settlement of the matters under consideration of such Bodies subject to this

Constitution.

(2) The chiefs or officials of the Constitutional Bodi es holding office

at the time of commencement of this Constitution shall be deemed to have been

appointed in accordance with this Constitution and shall continue to hold their

respective offices subject to the conditions of services at the time of their