constitution_text.txt

 
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THE CONSTITUTION OF NEPAL  
   
2 
 Table of Content s 
 
Preamble   
Part-1  
Preliminary  
Part-2  
Citizenship  
Part-3  
Fundamental Rights and Duties  
Part-4  
Directive Principles, Policies and Obligations of the State  
Part-5  
Structure of State and Distribution of State Power  
Part -6  
President and Vice -President  
Part-7  
Federal Executive  
Part-8  
Federal Legislature  
Part-9  
Federal Legislative Procedures  
Part-10  
Federal Financial Procedures  
Part-11  
Judiciary   
Part-12  
Attorney General  
Part-13  
State Executive   
3 
 Part-14  
State Legislature  
Part- 15  
State Legislative Procedures  
Part-16  
State Financial Procedures  
Part-17  
Local Executive  
Part-18  
Local Legislature  
Part-19  
Local Financial Procedures  
Part-20  
Interre lations between Federation, State and Local level  
Part- 21  
Commission for the Investigation of Abuse of Authority  
Part-22  
Auditor General  
Part -23  
Public Service Commission  
Part-24  
Election Commission  
Part-25  
National Human Rights Commission   
Part -26  
National Natural Resources and Fiscal Commission  
Part -27  
Other Commissions  
Part -28   
4 
 Provision Relating National Security  
Part- 29  
Provision relating to Political Parties  
Part- 30  
Emergency Power  
Part- 31  
Amendment to the Constitution   
Part- 32  
Miscellaneous  
Part- 33  
Transitional Provisions  
Part- 34  
Definitions and Interpretation  
Part- 35  
Short Title, Commencement and Repeal  
Schedule - 1  
National Flag of Nepal  
Schedule -2 
National Anthem of Nepal  
Schedule -3  
Coat of Arms of Nepal  
Schedule -4  
States and Districts to be included in the States  
Schedule - 5  
List of Federal Power  
Schedule - 6  
List of State Power  
Schedule - 7  
List of Concurrent Powers of Federation and State   
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 Schedule - 8  
List of Local level Power   
Schedule - 9  
List of Concurrent Power of Federation, State and Local level  
 
   
6 
 The Constitution of Nepal  
Date of Publication in Nepal Gazette  
20 September 2015 (2072.6.3)  
Preamble : 
We, the Sovere ign People of Nepal,  
Internalizing the people's sovereign right and right to autonomy and self -rule, while 
maintaining freedom, sovereignty, territorial integrity, national unity, independence 
and dignity of Nepal,  
Recalling the glorious history of historic people's movements, armed conflict, 
dedication and sacri fice undertaken by the Nepalese people at times for the interest of 
the nation, democracy and progressive changes , and respecting for the martyrs and 
disappeared and victim citizens,  
Ending all forms of discrimination and oppression created by the feudalis tic, 
autocratic, centralized, unitary system of governance,  
Protecting and  promoting social and cultural solidarity, tolerance and  harmony, and 
unity in diversity  by recognizing the multi -ethnic, multi -lingual, multi -religious, 
multi -cultural and diverse r egional characteristics,  resolving to build an egalitarian 
society founded on the propo rtional inclusive and participato ry principles in order to 
ensure  economic equality, prosperity and social justice , by eliminating discrimination 
based on class, caste , region, language, religion and gender and all forms of caste -
based untouchability , and  
Being committed to socialism based on democratic norms and values including the 
people's competitive multiparty democratic system of governance, civil liberties, 
fundamental rights, human rights, adult franchise, periodic elections, full freedom of 
the press, and independent, impartial and competent judiciary  and concept of the rule 
of law, and build a prosperous nation,   
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 Do hereby pass and promulgate this Constitution,  through the Constituent Assembly, 
in order to fulfil the aspirations for sustainable peace, good governance, development 
and prosperity through the federal , democratic , republic an, system of governance.  
   
8 
 Part-1 
Preliminary  
1. Constitution as the fundamen tal law: (1) This Constitution is the fundamental 
law of Nepal. Any law inconsistent with this Constitution shall, to the extent of 
such inconsistency, be void.  
   (2) It shall be the duty of every person to observe this Constitution.  
2. Sovereignty and state a uthority : The sovereignty and state authority of Nepal 
shall be  vested in the Nepalese  people.  It shall be exercised in accordance with 
the provisions set forth in this Constitution.   
3. Nation : All th e Nepalese  people , with  multiethnic, multilingua l, multi -religious, 
multicultural characteristics and in geographical diversities, and having 
common aspirations and being united by a bond of allegiance to national 
independence, territorial integrity, national interest and prosperity of Nepal, 
collective ly constitute the nation.  
4. State of Nepal : (1) Nepal is a n independent,  indivisible, sovereign, secular, 
inclusive, democratic, socialism -oriented, federal democratic  republican state.  
Explanation : For the purposes of this Article, "secular" means religious, 
cultural freedoms, including protection of religion, culture handed down  from 
the time immemorial . 
(2) The territory of Nepal shall comprise:  
(a) the territory existing at the time of commencement of this 
Constitution, and  
(b) such other territo ry as may be acquired after the 
commencement of this Constitution.  
5. National interest : (1) Safeguarding of the  freedom , sovereignty, territorial 
integrity, nationality, independence and dignity of Nepal , the rights of the  
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 Nepalese people,  border security, ec onomic wellbeing and prosperity shall be 
the basic elements of the national interest of Nepal.  
   (2) Any conduct and act contrary to the national interest shall be 
punishable by the Federal law.  
6. Languages of the nation : All language s spoken as the mother tongues in Nepal 
are the languages of the nation.  
7. Official language : (1) The Nepali language in the Devnagari  script shall be the 
official language of Nepal.  
   (2) A State may, by a State law,  determine one or more than one 
langu ages of the nation spoken by a majority of people within the State as its 
official language(s), in addition to the Nepali language.  
   (3) Other matters relating to language shall be as decided by the 
Government of Nepal, on recommendation of the Language Commission.  
8. National f lag: (1) The national flag of Nepal consists of two juxtaposed 
triangular figures with a crimson -coloured base and deep blue borders, there 
being a white emblem of the crescent moon with eight rays visible out of 
sixteen in the upp er part and a white emblem of a twelve rayed sun in the lower 
part.  
(2) The method of drawing out the flag and other particulars relating 
thereto shall be as set forth in Schedule -1. 
9. National anthem etc :  (1) The national anthem of Nepal shall be as set forth in 
Schedule -2. 
  (2) The coat -of-arms of Nepal shall be as set forth in Schedule -3. 
  (3) The Rhododendron Arboreum shall be the national flower, 
Crimson Colo ur shall be the national colo ur, the Cow shall be the national 
animal and the Lophophor us shall be the national bird of Nepal.   
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 Part-2 
Citizenship  
10. Not to deprive of citizenship : (1) No citizen of Nepal may be deprived of the 
right to obtain citizenship.  
   (2) There is a provision of single federal citizenship with State 
identity  in Nepal.  
11. To be c itizens of Nepal : (1) The persons who have obtained the citizenship of 
Nepal at the time of commencement of this Constitution and who are qualified 
to obtain citizenship in accordance with this Part shall be the citizens of Nepal.  
   (2) The following person who has his or her permanent  domicile in 
Nepal at the time of commencement of this Constitution shall be the citizen of 
Nepal by descent:  
(a) a person who has obtained the citizenship of Nepal by descent prior 
to the commencement of th is Constitution,  
(b) a person whose father or mother was a citizen of Nepal at his or her 
birth.  
(3) A child of a citizen having obtained the citizenship of Nepal by 
birth prior to the commencement of Nepal shall, upon attaining majority, 
acquire the citiz enship of Nepal by descent if the child's  father and mother both 
are citizens of Nepal.  
 (4) Every minor who is found within Nepal and the whereabouts of 
whose father and mother are not known shall, until the father or the mother of 
the child is traced, be  a citizen of Nepal by descent.  
(5) A person who is born in Nepal from a woman  who is a citizen of 
Nepal  and has resided in Nepal and whose father is not traced shall be provided 
with the citizenship of Nepal by descent.   
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 Provided that his or her father is held to be a foreign citizen, the 
citizenship of such person shall be converted into naturalized citizenship as 
provided for in  the Federal law.  
  (6) A foreign woman who has a matrimonial relationship with a 
citizen of Nepal may, if she so wishes, acquire  the naturalized citizenship of 
Nepal as provided for in  the Federal law.  
  (7) Notwithstanding anything contained elsewhere in this Article, in 
the case of a person  born from a woman who is a citizen of Nepal and married 
to a foreign citizen , the person may acquire the naturalized citizenship of Nepal 
in accordance with the Federal law if h e or she has permanent ly resided in 
Nepal and has not acquired the citizenship of a foreign country.  
  Provided that if  such person's mother and father both are citizen s of 
Nepal at the time of acquisition of citizenship, such person born in Nepal may 
acquire the citizenship of Nepal by descent.  
  (8) In the cases other than those mentioned in this Article, the 
Government of Nepal may, in accordance with the Federal law,  grant the 
naturalized citizenship of Nepal.  
  (9) The Government of Nepal may, in accordance with the Federal 
law, grant the honorary citizenship of Nepal.  
  (10) Whenever any territory is acquired by way of merger into Nepal, 
a person having his or her d omicile in such territory shall become a citizen of 
Nepal, subject to the Federal law.  
12. Citizenship with identity of descent and g ender :  A person who obtains the 
citizenship of Nepal by descent in   accordance with this Constitution may 
obtain a certifi cate of citizenship of Nepal with gender identity by the name of 
his or her mother or father.   
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 13. Acquisition, reacquisition and termination of citizenship : Other matters 
relating to the acquisition, reacquisition and termination of citizenship shall be 
as provided  for in the Federal law.  
14. Power to grant non-resident Nepalese citizenship : The non-residential  
citizenship  of Nepal  may be so granted to a  person who has acquired the 
citizenship of a foreign country, has reside d in a country other than a member 
state of the South Asian Association for Regional Coope ration, and who or 
whose father or mother , grandfather or grandmother was prev iously a citizen of 
Nepal by decent or birth but subsequently acquired the citizenship of the 
foreign country that such person may enjoy economic, social and cultural 
rights  in accordance with the Federal law . 
15. Other provisions relating to citizenship o f Nepal : Other matters relating to the 
maintenance of records setting out the identity of every citizen of Nepal and 
the citizenshi p of Nepal shall be as provided for in the Federal law.  
   
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 Part-3 
Fundamental Rights and Duties  
16. Right to live with d ignity : (1) Every person shall have the right to live with 
dignity.  
(2) No law shall be made providing for the death penalty  to any one . 
17. Right to f reedom : (1) No person shall be deprived of his or her personal liberty 
except  in accordance with law . 
(2) Every  citizen shall have the following freedoms:  
(a) freedom of opinion and expression,  
(b) freedom to asse mble peaceably and without arms,  
(c) freedom to form political parties,  
(d) freedom to form unions and associations,  
(e) freedom to move and reside in any  part of Nepal,  
(f) freedom to practice any profession, carry on any occupation,  and 
establish and operate any  industry, trade and business  in any part of 
Nepal . 
Provided that:  
(1) Nothing in sub -clause (a) shall be deemed to prevent the making of 
an Act to impose reasonable restrictions on any act which may 
undermine the sovereignty, territorial integrity, nationality and 
independence of Nepal or  the harmonious relations between the 
Federal Units or the people  of vari ous castes, tribes, religions  or 
communities or  incite  caste -based discrimination or untouchability  
or on  any act of disrespect  of labour, defamation, contempt of court , 
incitement to an offence  or on any act which may be contrary to 
public decency or morality.   
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 (2) Nothing in sub -clause ( b) shall be deemed to prevent the making of 
an Act to impose reasonable restrictions on any act which may 
undermine the sovereignty, territorial integrity, nationality and 
independence of Nepal o r the harmonious relations between the 
Federal Units or public peace and order.  
(3) Nothing in sub -clause (c) shall be deemed to prevent the making of 
an Act  to impose reasonable restrictions on any act  which may  
undermine the sovereignty, territorial integrity, nationality and 
independence of Nepal,  constitute  an espionage against the nation or  
divulge national secrecy  or on any act of rendering assistance to  any 
foreign state, organization or representative in a manner to 
undermine the security of Nepal or on an act of sedition or on any 
act which may  undermin e the harmonious relations between the 
Federal Units  or on any act of incitement to caste -based or 
communal hatred or on any act  which may undermine  the 
harmonious relations between various castes, tribes, religions and 
communities, or on any act of acquisition of , or restriction on, 
membership of any political party on the basis solely of  tribe, 
language, religion, community or sex   or on any act of formation of a 
political party with discrimination between citizens or on incitement 
to violent acts o r on any act which may be contrary to public  
morality.  
(4) Nothing in sub -clause (d ) shall be deem ed to prevent the making of 
an Act  to impose reasonable restrictions on any act which may 
undermine the sovereignty, territorial integrity, nationality and 
independence of Nepal, or o n any act which may constitute  
espionage against the nation or on any act of divulge nce of  national 
secrecy or on any act assisting any foreign state, organization or  
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 representative in a manner to undermine the security of Nepal or  on 
an act of sedition or on any act which may undermine  the 
harmonious relations between the Federal Units or on any act of 
incitement to caste -based or communal hatred or on any act which 
may undermine  the harmonious relations between various castes, 
tribes, religions and communities  or on incitement to violent acts or 
on any act which m ay be contrary to public morality.  
(5) Nothing in sub -clause (e) shall be deemed to prevent the making of 
an Act  to impose reasonable restrictions on any act which may 
undermine  the interest of the general public or which may 
undermine  the harmonious relations between the Federal Units or the 
harmonious relations between the peoples of various castes, tribes, 
religions or communities or which may constitute or incite vio lent 
acts. 
(6) Nothing in sub -clause (f) shall be deemed to prevent the making of 
an Act  to prev ent any act which may undermine  the harmonious 
relations between the Federal Units or any act which may be 
contrary to public health, decency or morality of the  general public 
or to confer on the State the exclusive right to undertak e any specific 
industry, trade or service, or to prescribe any condition or 
qualification for carrying on any industry, trade, occupation, 
employment or business.  
18. Right to e qualit y: (1) All cit izens shall be equal before  law. No person shall be 
denied the equal protection  of law . 
(2) No discrimination shall be made in the application of general 
laws on grounds of origin, religion, race , caste, tribe, sex , physical condition, 
condition of health,   marital status, pregnancy, economic condition, language 
or region, ideology  or on similar other grounds .   
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 (3) The Sta te shall not discriminate citizens on grounds of origin, 
religion, race , caste, tribe, sex, economic condition, langu age, region, ideology  
or on similar other grounds.  
Provided that nothing shall be deemed to prevent the making of spe cial 
provisions by law  for the protection, empowerment or  development of the 
citizens including the socially or culturally backward women, Dalit , 
indigenous  people , indigenous nationalities, Madhesi , Tharu , Muslim, 
oppressed class, Pichhada  class, minorities, the marginalized, farmers, labours, 
youths, children,  senior citizens, gender and sexual minorities, persons with 
disabilities,  persons in pregnancy , incapacitated or helpless, backward region 
and indigent Khas Arya . 
Explanation : For the purposes of thi s Part and Part 4, " indigent" means a 
person who earns income less than that specified by the Federal law.   
(4) No discrimination shall be made on the ground of gender with 
regard to remuneration and social security for the same work.  
(5) All offspring  shall have the equal  right to the ancestral property 
without discrimination on the ground of gender.  
19. Right to c ommunication : (1) No publication and broadcasting or dissemination 
or printing of any news item, editorial, feature article or other reading, audio 
and audio -visual material through any means whatsoever including electronic 
publication, broadcasting and printing shall be ce nsored.  
Provided that  nothing shall be deemed to prevent the making of Acts to 
impose reasonable restrictions on any act which may undermine the 
sovereignty, territorial integrity, nationality of Nepal  or the harmonious 
relations between  the Federal Units or the harmonious relations between 
various castes, tribes , religions  or communities, or on any act of sedition, 
defamation or contempt of court or incitement to an offence, or on any act  
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 which may be contrary t o public decency or  morality,  on any act of h atred to 
labour and on any act of incitement to caste -based untouchability as well as 
gender discrimination.  
(2) No radio, television, on -line or other form of digital or electronic 
equipment, press or other means of communication publishing , broad casting or 
printing any news item, feature, edit orial, article, information or other material 
shall be closed or seized nor shall registration thereof be cancelled nor shall 
such material be seized by the reason of publication, broadcasting or printing 
of such material through any audio, audio -visual or electronic equipment.  
Provided that nothing contained in this clause shall be deemed to prevent 
the making of an Act  to regu late radio, television, online or any other form of 
digital or electronic equipment, pre ss or other means of communication.  
(3) No mean s of communication including the  press, electronic 
broadcasting and telephone shall be interrupted except in accordance with law.  
20. Rights r elating to  justice : (1) No person  shall be detained in custody with out 
informing him or her of the ground for his or her  arrest.  
(2) Any person who is arrested shall have the right to consult a legal 
practitioner o f his or her choice from the time of such arrest  and to  be defended 
by such legal practitioner.  Any consultation made by such person with , and 
advice given by,  his or her legal practitioner shall be confidential . 
  Provided this clause shall not apply to a citizen of an enemy state . 
Explanation : For the purpos e of this clause, "legal practitioner"  mean s 
any person who is authorized by law to represent any person in any court.  
(3) Any person who is arrested shall be produced before the 
adjudicating authority within a period of twenty -four hours of such arrest , 
excluding the time necessary for the journey from the place of arrest  to such  
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 authority; and any such person shall not be detained in custody except on the 
order of such authority.  
Provided that this clause shall not apply to a person held in preventive 
detention and to a citizen of an enemy state .  
(4) No person shall be liable for punishment  for an act which was 
not punishable by the law in force when the act was committed nor shall any 
person be subjected to a punishment greater than that prescribed by the law  in 
force at the time of the commission of the offence.  
(5) Every person charged with an offence shall be presumed 
innocent until proved guilty of the offence.  
(6) No person shall be tried and punished for the same offence in a 
court more than once.  
(7) No person charged with an offence shall be  compelled to  testify  
against himself or herself.  
(8) Every person shall have the right to be informed of any 
proceedings  taken against him or her.  
(9) Every person shall have the right to a fair trial by an independent , 
impartial  and compe tent court or judicial body . 
(10) Any indigent  party shall have the right to free legal aid in 
accordance with law.  
21. Right of v ictim  of crime : (1) A  victim  of crime  shall have the right to get 
information about the investigation  and proceedings of a case in which he or 
she is the victim . 
(2)  A victim of crime  shall have the right to justice including  social 
rehabilitation and compensation in a ccordance with law .  
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 22. Right against t orture : (1) No person who is arrested or detained shall be 
subjected to physical or mental torture or to cruel, inhuman or degrading 
treatment.  
(2)  Any act mentioned in claus e (1) shall be punishable by law , and 
any person who is the victim of such treatment shall have the right to obtain 
compensation in accordance with law.  
23. Right against preventive d etention : (1) No person shall be held under 
preventive detention unless there is a sufficient ground of the existence of an 
immediate threat to the sovereignty, territorial integrity or public peace and 
order  of Nepal.  
(2)  Information about the situation of a person who is held under 
preventive detenti on pursuant to clause (1) must be given  immediately to his or 
her family members or relatives.  
Provided that this clause shall not apply to a citizen of an enemy state.  
(3)  If the authori ty making  preventive detention holds any person 
under preventi ve detention contrary to law  or in bad faith, the person held 
under preventive detention shall have the right to obtain comp ensation in 
accordance with law . 
24. Right against untouchability and discrimination : (1) No person shall be 
subjected to any form of untouchability or discrimination  in any private and 
public places  on grounds of his or her origin, caste,  tribe, community , 
profession,  occupation or physical condition . 
(2) In producing or distributing any goods, services or facilities, no 
person belonging to any particular caste or tribe shall be prevented from 
purchasing or acquiring such goods, services or facilities nor shall such goods, 
services or facilities be sold , distributed or provided only to the persons 
belonging to any particular caste or  tribe.  
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 (3) No act purporting to demonstrate any person or community  as 
superior or inferior on grounds of origin, caste, tribe or physical condition or 
justifying social discrimin ation on grounds of caste , tribe or untouchability or 
propagating ideology based on untouchability and caste  based superiority or 
hatred or encouraging caste -based discrimination in any manner whatsoever 
shall be allowed.  
(4) No discrimination in any form shall be allowed at a workplace  
with or without making untouchability on the ground  of caste . 
(5) Any act of untouchability and discrimination in any form  
committed in contravention of this Article shall be  punishable by law as a 
severe social offence , and  the victim of such act shall have the right to obtain 
compensation in accordance  with law . 
25. Right relating to p roperty : (1) Every citizen shall, subject to law, have the right 
to acquire, own, sell, dispose,  acquire business profits from, and otherwise  deal 
with, property . 
Provided t hat the State may levy tax on property  of a person, and tax on 
income  of a person in accordance with the concept of progressive taxation.  
Explanation : For the purposes of this Article, "property" means any form  
of property including movable and immovable property, and includes an 
intellectual property right.  
(2) The State shall not, except  for public interest, requisition,  
acquire, or otherwise create any encumbrance on, property of a person . 
Provided that this clause shall not apply to any property acquired by any  
person illicitly.  
(3) The basis of compensation  to be provided  and procedures to be 
followed in the requisition by the State of property of any person for public 
interest in accordan ce with clause (3) shall be as provided for in  the Act.  
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 (4) The provisions of clauses (2) and (3) shall not prevent the State 
from making land reforms, management and regulation in accordance with law  
for the purposes of enhancement of product and productivity of lands, 
modernization and commercialization of agriculture, environment protection 
and planned housing and urban development.  
(5) Nothing shall prevent  the State from using the property of any 
person , which it has requisitioned for public in terest in accordance with clause 
(3), for any other public interest instead of such public interest.  
26. Right to freedom of r eligion : (1) Every person  who has faith in religion  shall 
have the freedom to profess, practice and protect his or her religion according 
to his or her conviction . 
  (2) Every religious denomination shall have the right to operate and 
protect its religious sites and religious Guthi  (trusts).  
Provided tha t nothing shall be  deemed to prevent the regulation, by 
making law , of the operation and protection of religious sites and religious 
trusts and management of trust properties and lands.  
(3) No person shall , in the exercise of the right conferred by this 
Article,  do, or caus e to be done, any act which may be contrary to public 
health, de cency and morality or breach  public peace , or convert another person 
from one religion to another  or any act or conduct that may jeopardize  other's  
religion .  
27. Right to i nformation : Every citizen shall have the right to demand and receive 
information on any matter of his or her interest or of public interest.  
   Provided that no one shall be compelled to provide information on any 
matter of which confidentiality must be maintained in accordance with  law.  
22 
 28. Right to p rivacy : The privacy of any person, his or her residence , property, 
document, data, correspondence and matters relating to his or her character 
shall , except in accordance with law,  be inviolable.  
29. Right against e xploitation : (1) Every person shall have the right against 
exploitation.  
(2) No person  shall be exploited in any manner on the ground s of 
religion, custom, tradition, usage, practice or on any other grounds.  
(3) No one shall be subjected to trafficking nor shall one be held in 
slavery or servitude.  
(4) No one shall be forced to work against his or her will.  
Provided that nothing shall be deemed to prevent the making of law 
empowering the State to require  citizens  to perform compulsory service for 
public purposes.  
(5) Act contrary to clauses (3) and (4) shall be punishable by law and 
the victim shall have the right to obtain compensation from the perpetrator in 
accordance with law.  
30. Right to clean environment : (1) Every citizen shall have the right to live in a 
clean and healthy  environment.  
(2) The victim shall have the right to obtain compensation, in 
accordance with law, for any injury caused from environmental pollution or 
degradation.  
(3) This Article shall not be deemed to prevent the making of 
necessary legal provisions for a proper balance between the environment and 
development, in development works of the nation.   
31. Right relating to e ducation : (1) Every citizen shall have the right of access to 
basic education.   
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   (2) Every citizen shall have the right to get compulsory and free 
education up to the basic level and free education up to the secondary level 
from the State.  
  (3) The citizens with disabilities and the economically indigen t 
citizens shall have the right to get free higher education in accordance with 
law. 
  (4) The visually impaired citizens shall have the righ t to get free 
education through brail script and the citizens with hearing or speaking 
impairment, to get free educ ation through sign  language, in accordance with 
law. 
(5) Every Nepalese community residing in Nepal shall have the right 
to get education in its mother tongue and, for that purpose, to open and operate 
schools and educational institutes , in accordance with  law. 
32. Right to language and c ulture : (1) Every person and community shall have the 
right to use their languages.  
  (2) Every person and community shall have the right to participate  in 
the cultural life of their communities.  
(3) Every Nepalese communit y residing in Nepal shall have the right 
to preserve and promote its language, script, culture, cultural civilization and 
heritage.  
33. Right to e mployment : (1) Every citizen shall have the right to employment. 
The ter ms and conditions of employment , and unemployment benefit shall be 
as provided for in  the Federal law.  
(2) Every citizen shall have the right to choose employment.  
34. Right to l abour : (1) Every labourer shall have the right to practice appropriate 
labour.   
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 Explanation : For the purposes of this Article, "labourer" means a labourer 
or worker who does physical or mental work for an employer in consideration 
for remuneration.  
(2) Every labourer shall have the right to appropriate remuneration, 
facilities and contributory social security.  
(3) Every labourer  shall have the right to form and join trade unions 
and to engage in collective bargaining, in accordance with law.   
35. Right relating to h ealth : (1) Every citizen shall have the right to free basic 
health services  from the State, and n o one shall be deprived of emergency 
health services.  
(2) Every person  shall have the right to  get information about his or 
her medical treatment.   
(3) Every citizen shall have equal access to health services.  
(4) Every citi zen shall have the right of  access to clean drinking 
water and sanitation.  
36. Right relating to f ood: (1) Every citizen shall have the right relating to food.  
(2) Every citizen shall have the right to be safe from the state of 
being in danger of life from the scarcity of food.  
(3) Every citizen shall have the right to food sovereignty i n 
accordance with law . 
37. Right to h ousing : (1) Every citizen shall have the right to an appropriate 
housing.  
(2) No citizen shall be evicted from the residence  owned by him or 
her nor shall his or her residence be infringed except in accordance with law.  
38. Rights of w omen : (1) Every woman shall have equal  lineage  right without  
gender based discrimination .  
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   (2) Every woman shall have the right to safe motherhood and 
reproductive health.  
(3) No wom an shall be subjected to physical, mental, sexual, 
psychological or other form of violence or exploitation on grounds of religion, 
social, cultural tradition, practice or on any other grounds. Such act shall be 
punishable by law, and the victim shall have the right to obtain compensation 
in accordance with law.  
  (4) Women shall have the right to participate in all bodies of the 
State on the basis of the principle of proportional inclusi on. 
  (5) Wome n shall have the right to obtain special opportunity in 
education, health, employment and social security, on the basis of positive 
discrimination.  
(6) The spouse shall have the equal right to property  and family 
affairs .  
39. Rights of the c hild: (1) Every  child shall have the right to name and birth 
registration along with his or her identity.  
(2) Every child shall have the right to education, health, 
maintenance, proper care, sports, entertainment and overall personality 
development from the families and the State.  
(3) Every child shall have the right to elementary child development  
and child  participation . 
(4) No child shall  be employed to work in any factory, mine or 
engaged in similar other hazardous work.  
(5) No child shall  be subjected to child marriage, transported 
illegal ly, abducted/kidnapped or taken in hostage.  
(6) No child shall be recruited or used in army, police or any armed 
group , or be subjected, in the name of cultural or religious traditions,  to abuse,  
26 
 exclusion or physical, mental, sexual or other form of exploitation or improper 
use by any means or in any manner.  
(7) No child shall  be subjected to physical, mental or any other form 
of torture in home , school or other place and situation  whatsoever . 
(8) Every child shall have the right to juvenile friendly justice.  
(9) The child who is helpless, orphan, with disabilities, conflict 
victim, displaced or  vulnerable shall have the right to special protection and 
facilities from the State.  
(10)  Any act  contr ary to in clauses (4), (5), (6) and (7 ) shall be 
punishable by law, and a child  who is the victim  of such act  shall have the right 
to obtain compensation from the perpetrator , in accordance with law . 
40. Rights of Dalit : (1) The Dalit  shall have the right to participate in all bodies of 
the State on the basis of the principle of proportional in clusion. Special 
provision shall be made by law for the empowerment, representation and 
participation of the Dalit  community in public services as well as other sectors 
of employment.  
(2) Provision of free education with scholarship, from primary to 
higher education, shall be made by law for the Dalit  students. Special provision 
shall be made by law for the Dalit  in technical and vocational educat ion. 
(3) Special provision shall be made by law in order to provide health 
and social security to the Dalit  community.  
(4) The Dalit  community shall have the right to use, protect and 
develop their tradition al occupation, knowledge, skill  and technology. The 
State shall accord priority to the Dalit  community in modern business related 
with their traditional occupation and provide skills and resources required 
therefor.   
27 
 (5) The State shall once provide land to the landless Dalit  in 
accordan ce with law . 
(6) The State shall , in accordance with law,  arrange settlement  for 
the Dalit  who do not have  housing.  
  (7) The facilities conferred by this Article to the Dalit  community 
must be distributed in a just manner  so that the Dalit  women, men and Dalit  in 
all communities can obtain such facilit ies proportionately.  
41. Rights of senior citizens : The senior citizens shall have the right to special 
protection and social security from the State.  
42. Right to social j ustice : (1) The socially backward women, Dalit , indigenous  
people , indigenous nationalities , Madhesi , Tharu , minorities , persons with 
disabilities,  marginalized communities , Muslims,  backward classes, gender and 
sexual minorities,  youths , farmers , labourers , oppre ssed or citizens of 
backward regions  and indigent Khas Arya  shall have the right to participate in 
the State bodies  on the basis of inclusive principle . 
   (2) The indigent citizens and citizens of the communities on the 
verge of extinction shall have the right to get special opportunities and benefits 
in education, health, housing, employment, food and social security for their 
protection, upliftment, empowerment and development.  
   (3) The citizens with disabilities shal l have the right to live with 
dignity and honour, with the identity of their diversity , and have equal access to 
public services and facilities.  
   (4) Every farmer shall have the right to have access to lands for agro 
activities, select and protect local seeds and agro species which have been used 
and pursued traditionally, in accordance with law.  
   (5) The families of the martyrs who have sacrificed their life , 
persons who were forced to disappear, and those who became disabled and  
28 
 injured in all popular movements, armed conflicts and revolutions that have 
been carried out for progressive democratic changes in Nepal, democracy 
fighters, conflict victims and displaced ones, persons with disabilities, the 
injured and victims shall have the right to get a  prioritized opportunity, with 
justice and due respect, in educati on, health, employment, housing and social 
security, in accordance with law. 
43. Right to social security : The indigent citizens, incapacitated and helpless 
citizens, helpless singl e women, citizens with disabilities, children, citizens 
who cannot take care themselves and citizens belonging to the tribes on the 
verge of extinction shall have the right to social security, in accordance with 
law. 
44.  Rights of the c onsumer : (1) Every consumer  shall have the right to obtain 
quality goods and services.  
(2) A person who has suffered injury  from any substandard goods or 
services shall ha ve the right to obtain compensation in accordance with law.  
45. Right against e xile: No citizen shall be  exiled.  
46. Right to constitutional remedies : There shall be a right to obtain constitutional 
remedies in the manner set forth in Article 133 or 144 for the enforcement of 
the rights conferred by this Part.  
47. Implementation of fundamental rights : The State shall, as required, make legal 
provisions for the implementation of th e rights conferred by this Part, within 
three years of the commencement of this Constitution.  
48. Duties of citizens : Every citizen shall have the following duties : 
(a) to safeguar d the nationality, sovereignty and integrity of Nepal, 
while being loyal to the nation,  
(b) to abide by the Constitution and law , 
(c) to render compulsory service as and when the State so requires,   
29 
 (d) to protect and preserve public property.  
   
30 
 Part-4 
Directive Principles, Policies and Obligations of the State  
49. To be g uiding principles : (1) The directive principles , policies  and obligations  
set forth in this Part shall be the guiding principles for  the governance of the 
State .  
(2) The S tate shall mobilize, or cause to be mobilized, means a nd 
resources, as required,  to implement the principles , policies  and obligations  set 
forth in this Part.  
50. Directive p rinciples : (1) The political objective of the State shall be to establish 
a public welfare sy stem of governance,  by establishing a just system in all 
aspects of the national life through the rule of law, values and norms of 
fundamental rights and human rights, gender equality, proportional inclusion, 
participation and social justice, while at the same time protecting the life, 
property , equality and liberties  of the people, in keeping with the vitality  of 
freedom , sovereignty, territorial integrity and independence of Nepal, and to 
consolidate a federal democratic republic an system of governance in order to 
ensure an atmosphere conducive to the enjoyment of the fruits of democracy, 
while at the same time maintaining the relations between the Federal Units on 
the basis of  cooperative federalism  and incorporating the principle of 
proporti onal partic ipation  in the system of governance on the basis of local 
autonomy and decentralization.  
(2) The social and cultural objective of the State shall be to build a 
civilized and egalitarian society by eliminating  all forms of discrimination, 
exploitation and i njustice on the grounds of religion, culture, tradition, usage , 
custom, practice  or on any other similar grounds, to develop social , cultural 
values founded on national pride, democracy,  pro-people , respect  of labour , 
entrepreneurship, discipline, dignity and harmony , and to consolidate the  
31 
 national unity by maintaining social  cohesion, solidarity and harmony, while 
recognizing cultural diversity.  
(3) The economic objective of the State shall be to achieve a 
sustainable economic development , while  achieving rapid economic growth , by 
way of  maximum mobilization of the available means and resources  through 
participation and development of public , private and cooperatives , and to 
develop a socialism -oriented independent and prosperous economy  while 
making the national economy independent, self -reliant and progressive in order 
to  build an exploitation free society by abolishing economic inequality through 
equitable distribution of the gains.  
(4) The State shall direct its international relations toward s 
enhancing the dignity of the nation in the world community by maintaining 
international relations on the basis of sovereign equality,  while safeguarding 
the freedom , sovereignty, territorial integrity and independence and national 
interest of Nepal.  
51. Policies of the State : The State shall  pursue the following policies:  
(a) Policies relating to n ational unity and national security : 
(1) to keep intact the national unity , while p rotecting the freedom, 
sovereignty, territorial integrity  and independence of  Nepal,  
(2) to promote  the national unity while developing mutual 
cooperative relations between the Federal U nits by maintaining 
mutual cohesion, harmony and solidarity between various castes, 
tribes, relig ions, languages , cultures  and communities,  
(3) to maintain  law and order by developing a national security  
system,  
(4) to guarantee   the overall human security system,   
32 
 (5) to make all security organs , including the Nepal A rmy, Nepal 
Police and Armed Police Force  Nepal , com petent, strong, 
professional, inclusive and accountable to the people, on the 
basis of national security policies,  
(6) to make and keep  the citizens ready and competent to serve the 
nation as and when necessary,  
(7) to make proper use, in nations' interest, of the knowledge, skills 
and experiences of former public  employees including former 
employees, military and police.  
 (b) Policies rela ting to political and governance  system of State : 
(1) to guarantee the best interests and prosperity of the people 
through economic, social and cultural transformations, while 
safeguarding, consolidating and developing political 
achievements,  
(2) to maintain  rule of law by protecting and promoti ng human 
rights,  
(3) to implement international treaties, agreements to which Nepal is 
a party,  
(4) to guarantee  good governance by ensuring the equal and easy 
access of the people to the services and facilities delivered by the 
State, while making public administration fair, competent, 
impartial, transparent, free from corruption, accountable and 
participat ory, 
(5) to make necessary provisions to make mass media fair, healthy, 
impartial, decent, responsible and professional,   
33 
 (6) to develop and expand harmonious and cooperative relations 
between the Federal Units by way of sharing of responsibilities, 
resourc es and administration between them.  
 (c) Relating to s ocial  and cultural t ransformation : 
(1) to build the society founded on cordial social relations by 
developing  a healthy and civilized  culture,   
(2) to carrying out studies, research works, excavation and 
dissemination for the protection, promotion and development of 
ancient, archaeological and cultural heritages,  
(3) to make  community development through enhancement of local 
public participation , by pro moting and mobilizing the creativity 
of local communities in social, cultural and se rvice -oriented 
works,  
(4) to focus on the development of arts, literature and music which 
form cultural heritages,  
(5) to end all forms of discrimination, inequality, explo itation and 
injustice in the name of religion, custom, usage, practice and 
tradition existing in the society,  
(6) to protect and develop languages, scripts, culture , literature,  arts, 
motion pictures and heritages of various  castes, tribes,  and 
communities  on the basis of equality and co -existence, while 
maintaining the cu ltural diversity of the country,  
(7) to pursue a multi -lingual policy.  
 (d) Relating to economy, industry and c ommerce : 
(1) to enhance national economy  through partnership and 
independent development of the public, private and cooperative 
sectors,   
34 
 (2) to achieve economic prosperity by way of optimum mobilization 
of the available means and resources , while focusing on the role 
of private sector in economy , 
(3) to promote the cooperative sector and mobilize  it in national 
development to the maximum extent,  
(4) to encourage and mobilize the economic sector in the overall 
national development, while providing for regulation to maintain 
fairness, accountability and co mpetition in all of its activities , 
(5) to make equitable distribution of the available means and 
resources and benefits of economic development,  
(6) to diversify and expand markets for goods and services, while 
promoting exports through development and ex pansion of 
industries upon identifying areas of comparative advantage,  
(7) to protect the interests of consumers by maintaining trade 
fairness and discipline by making national economy competitive, 
while ending activities such as creating black marketing, 
monopoly, artificial scarcity and restricting competition,  
(8) to protect and promote domestic industries and resources and 
accord priority to domestic  investment based on Nepalese labour, 
skills and raw materials for the development of national 
economy,  
(9) to give priority to domestic investment for the development of 
national economy,  
(10) to encourage foreign capital and technological investment in 
areas of import substitution and export promotion, in consonance 
with national interest, and encourage and  mobilize such 
investment in infrastructure building,   
35 
 (11) to make the obtaining of foreign assistance transparent, while  
making the national needs and priorities as the basis for obtaining 
foreign assistance, and incorporating amounts received in form of  
foreign assistance in the national budget,  
(12) to util ize knowledge, skill , technology and capital of the non-
resident Nepalese  in the national development,  
(13) to give dynamism to the economic development by establishing 
coordination between the States and the States and the Federation 
in relation to industrial corridors, special economic zones, 
national projects and projects involving foreign investment.  
 (e) Policies relating to agriculture and land reforms : 
(1) to make scientific land reforms  having regard to the interests of 
the farmers, while ending  the dual ownership  existing  in the 
lands,  
(2) to enhance  product and productivity by carrying out land 
pooling, while discouraging inactive land ownership,  
(3) to make  land management and commercia lization, 
industrialization, diversification and modernizatio n of 
agriculture, by pursuing land -use policies to enhance agriculture 
product and productivity, while protecting and promoting the 
rights and interests of the farmers,  
(4) to make proper use of lands, while regulating and managing 
lands on the basis of, inter alia , productivity, nature of lands and 
ecological balance,  
(5) to provide for the farmers' access to agricultural inputs, agro -
products at fair price and market.  
(f) Policies relating to d evelopment :  
36 
 (1) to formulate sustainable socio -economic development strategies 
and programs under the regional development plan for inclusive 
economic development with regional balance, and implement 
them in a coordinative manner,  
(2) to d evelop  balanced, environment friendly , quality  and 
sustainable physical infrastructure s, while  according priority to 
the regions lagging behi nd from development perspective,  
(3) to enhance local public participation in the process of 
development works,  
(4) to enhance inves tment in scientific study, re search works and in 
invention, progress and development of science and technology, 
and protect scientist s, technologists, intellectual and eminent 
talents , 
(5) to ensure  easy and  simple access of the general public  to 
informati on technology by developing and expanding 
information technology to the tune of national needs, and make  
optimum utilization of information technology in the national 
development,  
(6) to make provisions enabling the general public to enjoy fruits of 
development in a just manner, while a ccord ing priority to the 
indigent citizens in the distribution of such fruits,  
(7) to develop an integrated national identity management 
information system and manage all kinds of information and data 
of the citizens in  an integrated manner, and linking such system 
with the services and facilities provided by the State and with 
national development plans,   
37 
 (8) to update demographic statistics and linking it with national 
development plans.  
(g) Policies relating to protect ion, promotion and use of natural resources : 
(1) to protect, promote, and make environmental friendly and 
sustainable use  of, natural resources available in the country, in 
consonance with national interest and adopting the concept of 
inter-generational e quity, and make equitable distribution of 
fruits, according priority  and preferential right  to the local 
communities,  
(2) to make multi -purpose development of water resources, while 
according priority to domestic investment based on public 
participation,  
(3) to ensure reliable supply of energy in an affordable and easy 
manner, and make proper use of energy, for the fulfilment of the 
basic needs of citizens , by generating and developing renewable 
energy,  
(4) to develop sustainable and reliable irrigation by making control 
of water -induced disasters, and river management,  
(5) to conserve, promote, and make sustainable use of, forests, 
wildlife, birds, vegetation and bio -diversity, by mitigating 
possible risks to environment from industrial and physical 
develop ment, while raising awareness of general public about 
environment cleanliness,  
(6) to maintain the forest area in necessary lands for  ecological 
balance,   
38 
 (7) to adopt appropriate measures to abolish or mitigate existing or 
possible adverse  environmental im pacts on the nature, 
environment or biological diversity,  
(8) to pursue the principles of environmental ly sustainable 
development such as the principles of polluter pays , of 
precaution  in environmental protection and  of prior informed 
consent.  
(9) to make advance warning, preparedness, rescue, relief and 
rehabilitation in order to mitigate risks from natural disasters.  
(h) Policies relating to basic needs of the c itizens : 
(1) to prepare human resources that  are competent, competitive, 
ethical, and dev oted to national interests, while making education 
scientific, technical, vocational , empirical,  employment and 
people -oriented,  
(2) to make private sector investment  made  in education service -
oriented by regulating and managing such investment, while 
enha ncing the State's investment in the education sector , 
(3) to make higher education easy, qualitative and accessible, and 
free gradually,  
(4) to establish and promote community information centres and 
libraries for the personality development of citizens,  
(5) to keep on enhancing investment necessary in the  public health 
sector by the State in order to make the citizens healthy,  
(6) to ensure easy,  convenient  and equal access of all to quality 
health services,  
  
39 
 (7) to protect and promote health systems including Ayurveda , as a 
traditional medical system of Nepal, natural therapy and 
homeopathy system,  
(8) to make private sector investment in the health sector  service -
oriented by regulating and managing such investment,  while 
enhanci ng the State's investment in this sector,  
(9) to focus on health research and keep on increasing the number of 
health institutions and health workers in order to make health 
services widely available and qualitative,  
(10) to increase average life expectancy by reducing maternal and 
infant mortality rate, while encouraging family planning for 
population management on the  basis of Nepal's capacity and 
need , 
(11) to manage unplanned settlement and develop planned and 
systematic settlement,  
(12) to provide for sustainable production, supplies, storage, security, 
and easy and effective distribution of foods by encouraging food 
production in tune with climate and soil, in consonance with the 
concept of food sovereignty , while  enhancing investment in the 
agriculture sector , 
(13) to ensure planned supply system by according special priority to 
the remote and backward regions, while ensuring equal access of 
all citizens to basic goods and services,  
(14) to enhance investment in the transportation sector,  while ensuring 
simple, easy and equal access of the citizens to transportation 
facilities , and to  make  the transportation sector safe, systematic 
and persons with disabilities friendly by encouraging public  
40 
 transportation and regulating private transporta tion, while 
according priority to the environment friendly technologies,  
(15) to arrange for access to medical treatment while ensuring 
citizen's health insurance.  
(i) Policies relating to labo ur and employment : 
(1) to make competent and professional the labour force that has 
remained as the main socio -economic strength  of the country  and 
enhance employment within the country,  while ensuring a 
situation enabling all to work,  
(2) to guarantee social security, while ensuring the basic rights of all 
labou rs, in consonance with the concept of decent labour,  
(3) to abolish  all forms of labour exploitation including child labour,  
(4) to encourage participation of labours in management, while 
maintain cordial relations between the labours and entrepreneurs,  
(5) to regulate and manage the sector in order to make foreign 
employment free from exploitation, safe and systematic and to 
guarantee employment and rights of the  labours,  
(6) to encourage to mobilize  the capital, skills, technology and 
experience  gained from foreign employment in productive 
sectors  in the country . 
 (j) Policies relating to social justice and inclusion : 
(1) to keep on making  appropriate arrangements for the livelihood s 
of the helpless single women , while  according  priority to them in 
employment  on the basis of skills, competency and qualification ,  
41 
 (2) to make self -dependent the women who are vulnerable , subjected 
to social and family exclusion and victims of violence self -reliant 
by making  their rehabilitation, pro tection and empowerment,  
(3) to ensure enjoyment of requisite services and facilities  at the 
reproductive stage , 
(4) to evaluate economically the work  and contribution  such as  
maintenance of children and care of families , 
(5) to take into consideration pri marily of the best interests of the 
child,  
(6) to identify the freed bonded labours, Kamlari, Harawa, 
Charawa, tillers, landless, squatters and rehabilitate them by 
providing housing, housing plot for residence and cultivable land 
or employment for their livelihood s, 
(7) to create an atmosphere conducive to the full enjoyment of the 
political, economic, social and cultural rights, while enhancing 
the participation of youths in national development, to make their 
personality development, while providing spec ial opportunity in 
areas including education, health and employment for the 
empowerment and development  of the youths and provide them 
with appropriate opportunities for the overall development of the 
State,  
(8) to make the indigenous nationalities participate in decisions 
concerning that community by making special provisions for 
opportunities and benefits in order to ensure the right of these 
nationalities to liv e with dignity, along with their identity, and 
protect and promote  traditional knowledge, skill , culture,  social  
42 
 tradition and experience of the  indigenous natio nalities and local 
communities,  
(9) to make special provisions for opportunities and benefits to 
minority communities to enjoy social and cultura l rights, with 
maintaining their identity,  
(10) to make special provisions for equal distribution of economic, 
social and cultural opportunities and benefits to the Madhesi  
community, Muslims and backward class, and for  opportunities 
and benefits to the in digent citizens within such communities for 
their protection, upliftment, empowerment and development,  
(11) to make special provisions for opportunities and benefits for the 
protection, upliftment, empowerment and development of the 
citizens of the oppress ed and backward regions and for the 
fulfilment of their basic needs,  
(12) to accord priority to the indigent within all sexes, regions and 
communities in the provision of social security and social justice,  
(13) to make planned investment in sports and spo rt-persons in order 
to prepare healthy, competent and disciplined citizens, and to 
develop sports as a means of consolidating national unity and 
enhancing national prestige at the international level,  
(14) to adopt a single door system for the establishmen t, approval, 
operation, regulation and management of community -based and 
national or international non -governmental organizations and to 
involve such organizations only in the sectors of national need 
and priority, while making investment and role of such 
organizations transparent and accountable.  
(k) Policies r elating to justice and penal s ystem :  
43 
 (1) to make  the administration of justice speedy, efficient, widely 
available, economical , impartial, effective, and accountable to 
people,  
(2) to pursue  alternative means such as mediation and arbitration for 
the settlement of disputes of general  nature,  
(3) to adopt  effective  measures  for the control of corruption and 
irregularities in all sectors including political, ad ministrative , 
judicial  and social sectors.  
(l) Policies relating to tourism : To develop eco -friendly tourism industries 
as an important base of national economy by way of identification, 
protection, promotion and publicity of the ancient, cultural, religious , 
archaeological and natural heritages of Nepal, to make environment and 
policy required for the development of tourism culture, and to accord 
priority to local people in the distribution of benefits of tourism 
industries.   
(m) Policies relating to intern ational r elations : 
(1) to conduct  an independent  foreign po licy based on the Charter of 
the United Nations , non -alignment, principles of Panchsheel , 
international law and the norms of world peace,  taking into 
consideration of the overall interest of  the nation, while 
remaining active in safeguarding the sovereignty, territorial 
integrity , independence  and national interest of Nepal,  
(2) to review  treaties concluded in the past , and make treaties, 
agreements based on equality and mutual interest.  
52. Obligations of the State : It shall be the obligation of the State to  make Nepal a 
prosperous and affluent country  by  protecting and promoting  fundamental  
rights and human rights, pursuing  directive principles of the State and  
44 
 gradually implement ing policies of the State, while keeping intact the freedom, 
sovereignty, territorial integrity and independence of Nepal.  
53. To submit r eport : The Government of Nepal shall submit a n annual report 
containing the steps taken and achievements made in the impl ementation of the 
directive  principles , policies and obligations of the State  set forth  in this Part to 
the President, and the President shall cause such repor t to be laid through the 
Prime Minister before the Federal Parliament.  
54. Provisions relating to  monitoring : There shall be a committee, in accordance 
with law, in the Federal Parliament in order to monitor and evaluate whether 
the directive  principles, policies and obligations of the State set forth in this 
Part have been implemented progressively  or not . 
55. Questions not to be raised in c ourt: No question shall be raised in  any court as 
to whether any matter contained in this Part has been  implemented  or not . 
   
45 
 Part-5 
Structure of State and Distribution of State Power  
56. Structure of State : (1) The main structure of the Federal Democratic Republic 
of Nepal shall be of three levels, namely the Federation , the State and the Local 
level.  
(2) The Federation , State and Local l evels shall exercise the power 
of State of Nepal pursua nt to this Constitution and law . 
(3) There shall be States consisting of the Districts as mentioned in 
Schedule -4 existing in Nepal at the time of commencement of this 
Constitution.  
(4) There shall be Village Institutions , Municipalities and District 
Assemblies under  the Local level. The number of Wards in a Village 
Institution  and Municipality shall be as provided  for in the Federal  law. 
(5) Any Special,  Protected or Autonomous Region  can be set by the 
Federal  law for social, cultural protection or economic developme nt. 
(6) The Federation , State and Local levels shall protect Nepal's 
freedom, sovereignty, territorial integrity, independence, national interest, 
overall development, multi -party, competitive, democratic, republican, federal 
system of  governance , human ri ghts and fundamental rights, rule of law, 
separation of powers and check and balance, egalitarian society b ased on 
pluralism and equality, inclusive  representation and identity.  
57. Distribution of State power : (1) The powers  of the Federation  shall be ves ted in 
the matters enumerated in Schedule -5, and such powers shall be exercised 
pursuant to this Constitution and the Federal law.  
46 
 (2) The powers of a State shall be vested in the matters enumerated 
in Schedule -6, and such powers shall be exercised pursuant to this Constitution 
and the State law.  
(3) The concurrent powers of the Federation  and the State shall be 
vested in the matters enumerated in Schedule -7, and such powers shall be 
exercised pursuant to this Const itution, the Federal law and  the State law.  
(4) The powers of the Local l evel shall be vested in the matters 
enumerated in Schedule -8, and such powers shall be exercised pursuant to this 
Constitution and the law made by the Village Assembly or Municipal 
Assembly.  
(5) The concurrent powers of the Federation, State and Local l evels 
shall be vested in the matters enumerated in Schedule -9, and such powers shall 
be exercised pursuant to this Constitution , the Federal law, the State law  and 
the law made by the Village Assembly or Municipal Assemb ly. 
(6) Any law to be made by the State Assembly, Village Assembly or 
Municipal Assembly pursuant to clause (3) or (5) shall be so made as not to be 
inconsistent with the Federal  law, and any law made by the State Assembly, 
Village Assembly or Municipal As sembly which is inconsistent with the 
Federal  law shall be invalid to the extent of such inconsistency.  
(7) Any law to be made by the Village Assembly or Municipal 
Assembly pursuant to clause (5) shall be so made as not to be inconsistent with 
the State la w, and any law made by the Village Assembly or Municipal 
Assembly which is inconsistent with the State law shall be invalid to the extent 
of such inconsistency.  
58. Residual p owers : The Federation  shall have power on any matter not 
enumerated in the Federa l List, State List, List of Local  level or Concurrent  
47 
 List or on any matter which is not so specified in this Constitution as to be 
exercised by any level.  
59. Exercise of financial p owers : (1) The Federation, State and Local l evel shall 
make laws, make an nual budget, decisions, formulate and implement policies 
and plans on any matters related to financial powers within their respective 
jurisdictions.  
(2) The Federation  may so make necessary policies, standards and 
laws on any of the matters enumerated in t he Concurrent List and other areas 
of financial powers as to be applicable also to the States.  
(3) The Federation, State and Local l evel shall make budget of their 
respective levels, and the time for submission of  budget by the State and  Local 
level sha ll be as provided for in  the Federal  law. 
(4) The Federation , State and Local level shall provide for the 
equitable distribution of benefits derived from the use of natural resources or 
development. Certain portions of such benefits shall be distributed, purs uant to 
law, in forms of royalty, services or goods to the project affected regions and 
local communities.  
(5) If, in utilising natural resources, the local community desires to 
make investment there in, the Federation, State and Local l evel shall accord 
priority to such investment in such portion as provided by law on the basis of 
the nature and size of such investment .  
(6) The Government of Nepal shall have power to obtain foreign 
assistance  and borrow loan s. Such assistance  or loan s shall be so obtained or 
borrowed as to have macro -economic stability of the country.  
(7) Provisions relating to the management of budget deficits and 
other fiscal discipline of the Federation, State and Local l evel shall be as 
provided for in the Federal  law.  
48 
 60. Distribution of sources of revenue : (1) The Federation, State and Local l evel 
may impose taxes on matters falling within their respective jurisdiction and 
collect revenue  from these sources.  
Provided that provisions relating to the imposition of taxes and 
collection of  revenue on matters that fall within the Concurrent List and on 
matters that are not included in the Li st of any l evel shall be as determined by 
the Government of Nepal.  
(2) The Government of Nepal shall make provisions for the equitable 
distribution of th e collected revenue to the Federation, State and Local l evel.  
(3) The amount of fiscal transfer receivable by the State and Local 
level shall be as recommended by the National Natural Resources  and Fiscal 
Commission . 
(4) The Government of Nepal shall, on t he basis of the need of 
expenditure  and revenue capacity, distribute fiscal equalization grants to the 
State and Local level.  
(5) Each State shall, in accordance with the State law, distribute 
fiscal equalization grants out of the grants received from the Government of 
Nepal and revenues collected from its sources, on the b asis of the need of 
expenditure  and revenue cap acity of its subordinate Local l evel.  
(6) Provisions relating to distribution of conditional grants, 
complementary grants or special grants for other purposes to be provided by 
the Government of Nepal f rom the Federal  Consolidated Fund shall be as 
provided for in the Federal  law. 
(7) Distribution of revenues between the Federal, State and Local 
level shall be made in a balanced and transparent  manner.  
(8) A Federal  Act on the distribution of revenues shall be made 
having regard to the national policies, national requirements, a utonomy of the  
49 
 State and Local l evels, services to be r ende red by the State and the Local l evel 
to the people and financial powers granted to them, capacity to collect 
revenues, potentiality and use of revenues, assistance to be made in 
development works, reduction of regional imbalances, poverty and inequality, 
end of deprivation, and assistanc e to be made in the performance of contingent 
works and fulfilment of temporary needs.  
   
50 
 Part-6 
President and Vice -President  
61. President : (1) There shall be a President  of Nepal.  
(2) The President shall be the head of state of Nepal. He or she shall 
perform his or her functions in accordance with this Constitution and  the 
Federal  law. 
(3) The President shall promote the national unity of Nepal.  
(4) The main duty of the President shall be to abide by and protect 
this Constitution.  
62. Election of Presi dent: (1) The President shal l be elected by an electoral college 
composed  of the members of the Federal Parliament and of the State 
Assemblies. The voting weightage of the members of the Federal  Parliament 
and of the State Assemblies shall vary as provided  for in  the Federal  law. 
(2) Notwithstanding anything contained in clause (1), nothing shall 
be deemed to bar the formation of an electoral college for the purpose of 
election to the President by the sole reason that election to the State Assembly 
has not been held in any State.  
(3) A person who secures a majority of the then existing total votes 
of the electoral college under  clause (1) shall be elected as the President.  
(4) If none of the candidates secures a majority under clause (3), 
there shall be voti ng between the two candidates who have secure d the highest 
number of votes, and a candidate who secures more than fifty percent of the 
total votes in su ch a voting shall be elected as the President.  
(5) If none of the candidates secures more than fifty per cent of the 
total votes even in the voting under clause (4), re -voting shall be held. A  
51 
 candidate who secures a majority of the t otal valid votes cast in such voting 
shall be elected as the President.  
(6) If a person who holds a political office to be fill ed by way of 
election, nomination or appointment is appointed as the President under this 
Article, his or her such office shall ipso facto  be vacant.  
(7) Electi on to the President and other m atters  related thereto  shall 
be as provided for in the Federal  law. 
63. Term of o ffice of President : (1) The term of office of the President shall be five 
years from the date on which he or she is so elected.  
(2) The President whose term of office under clause (1) has expired 
shall continue to discharge the functions un der this Constitution until another 
elected President assumes his or her office.  
64. Qualification for President : (1) A person who has the following qualification 
shall be qualified to become  the President:  
(a) being qualified to become  a member of the Federal Parliament,  
(b) having completed the age of at least forty five years, and  
(c) not being disqualified by any law.  
(2) Notwithstanding anything contained in clause (1), a person who 
has already been elected twice as the President shall  not become  a candidate in 
the election to the President.  
65. Vacation of o ffice of President : The office of the President shall become vacant 
in any of the following circumstances:  
(a) if he or she tenders resignation i n writing to the Vice -President,  
(b) if a motion of impeachment against him or her is passed under 
Article 101,   
52 
 (c) if his or her term of office expires,   
(d) If he or she dies.  
66. Functions, duties and p owers of President : (1) The President shall exercise 
such powers and perform such duties a s conferred to him or her pursuant to  
this Constitution or a Federal l aw. 
(2)  In exercising the powers or duties under clause (1), the President 
shall perform all other functions to be performed by him or her on 
recommendation and with the consent of the Council of Ministers than those 
functions specifically provided to be performed on recommendation of any 
body or official under this Constitution or Federal L aw. Such recommendation 
and consent shall be submitted through the Prime Minister.  
(3) Any decisio n or order to be issued in the name of the President 
under clause (2) and other instrument of authorization pertaining thereto shall 
be authenticated as provided for in  the Federal l aw. 
67. Vice-President : (1) There shall be a Vice -president of Nepal.  
(2) The functions to be performed by the President shall be 
performed by the Vice-president during the absence of the President.  
(3) If a person who holds a political office to be filled by way of 
election, nomination or appointment is appointed as the Vice -president, his or 
her such office shall ipso facto  be vacant.  
68. Vacation of o ffice of Vice -president : The office of the Vice -president shall 
become vacant in any of the following circumstances:  
(a) if he or she tenders resignat ion in writing to the Preside nt, 
(b) if a motion of impeachment against him or her is passed under 
Article 101,  
(c) if his or her term of office expires,    
53 
 (d) if he or she dies.  
69. Other provisions relating to Vice -President : Provisions relatin g to the 
qualification, procedures  of el ection and term of office of the Vice -President 
shall be the same as that of the President.  
70. President and Vice -President to be from different sex or c ommunity :  Election 
to the President and the Vice -president under this Constitution shall be so made 
as to have representation of different sex or community.  
71. Oath by President and Vice -President : Prior to assuming their respective 
office s, the President shall take an oath of office and secrecy before the Chief 
Justice, and the Vice -President , before the President, as provided for in  the 
Federal l aw. 
72. Remuneration and f acilities of President and Vice -President : The remuneration 
and other facilities of the President and the Vice -president shall be as provided  
for in  the Federal  Act, and as specified by the Government of Nepal until such 
Act is made.  
73. Office of President and Vice -President : (1) There shall be separate offices for 
the performance of the functions of the President and the Vice -President.  
(2) The Government of Nepal shall make arrangem ents for 
employees and other provisions as required to perform the functions of the 
offices under clause (1).  
   
54 
 Part-7 
Federal  Executive  
74. Form of g overnment : The form of government of Nepal shall be multi -party, 
competitive, federal, democratic, republican, parliamentary form of 
government based on pluralism.  
75. Executive p ower : (1) The executive power of Nepal shall, pursua nt to this 
Constitution and law , be vested in the Council of Ministers.  
(2) The responsibility for issuing general directive s, controlling and 
regulatin g the governance of Nepal shall, subje ct to this Constitution and law , 
lie in the Council of Ministers.  
(3) All Federal  executive functions of Nepal shall be performed in 
the name of the Government of Nepal.  
(4) Any decision or order to be issued in the name of the 
Government of Nepal pursuant to clause (3) and other instruments of 
authorization pertaining thereto shall be authenticated as provided for in the 
Federal  law. 
76. Constitution of Council of Ministers : (1) The Presiden t shall appoint the leader 
of a parliamentary party that commands  majority in the House of 
Representatives as the Prime Minister, and the Council of Ministers shall be 
constituted under his or her chairpersonship.  
(2) In cases where no party has a clear ma jority in the House of 
Representatives under clause (1), the President shall appoint as the Prime 
Minister a member of the House of Representatives who can command 
majority with the support of two or more parties representing to the House of 
Representative s.  
55 
 (3) In cases where Prime Minister cannot be appointed under clause 
(2) no later than thirty days after the date of declaration of the final results of 
election to the House of Representatives or the Prime Minister so appointed 
fails to secure a vote of confidence under clause (4), the President shall appoint 
as the Prime Minister the parliamentary party leader of the party which has the 
highest number of members in the House of Representatives.  
(4) The Prime Minister appointed under clause (2) or (3) sha ll obtain 
a vote of confidence from the House of Representatives no later than thirty 
days after the date of such appointment.  
(5) In cases where the Prime Minister appointed under clause (3) 
fails to obtain a vote of confidence under clause (4) and any me mber under 
clause (2) presents a ground on which he or she can obtain a vote of confidence 
in the House of Representatives, the  President shall appoint such member as 
the Prime Minister.  
(6) The Prime Minister appointed under clause (5) must obtain a 
vote of confidence under clause (4).  
(7) In cases where the Prime Minister appointed under clause (5) 
fails to obtain a vote of confidence or the Prime Minister cannot be appointed, 
the President shall, on recommendation of the Prime Minister, dissolve the 
Hous e of Representatives and appoint a date of election so that the election to 
another House of Representatives is completed within six months.  
(8) Procedures on the appointment of the Prime Minister under this 
Article must be completed no later than thirty five days after the date of 
declaration of the final results of election to the House of Representatives held 
under this Constitution or the date on which the office of the Prime Minister 
has fallen vacant.   
56 
 (9) The President shall, on recommendation of the  Prime Minister, 
constitute the Cou ncil of Ministers comprising a maximum of twenty five 
Ministers including the Prime Minister, in accordan ce with the inclusive 
principle , from amongst the members of the Federal Parliament.  
Explanation : For the purposes o f this Article, "Minister" means a Deputy 
Prime Minister, Minister, Minister of State and Assistant Minister.  
(10)   The Prime Minister and Ministers shall be collectively 
responsible to the Federal Parliament, and the Ministers shall be individually 
respo nsible for the work of their respective Ministries to the Prime Minister 
and the Federal  Parliament.  
77. Vacation of o ffice of Prime Minister and Minister : (1) The office of the Prime 
Minister shall be vacant in any of the following circumstances:  
(a) if he or she tenders resignation in writing to the President,  
(b) if a vote of confidence is not passed or a  vote of no -confidence is 
passed against him or her under Article 100 , 
(c) if he or she ceases to be a member of the House of 
Representatives,  
(d) if he or she dies.  
(2) The office of a Minister shall be vacant in any of the following 
circumstances:  
(a) if he or she tenders resignation in writing to the Prime Minister,  
(b) if the Prime Minister removes him or her from office,  
(c) if the office of Prim e Ministe r falls vacant under sub -clause  (a), 
(b) or (c) of clause (1),  
(d) if he or she dies.   
57 
 (3) If the office of Prime Minister falls vacant under clause (1), the 
same Council of Ministers shall continue to act until another Council of 
Ministers is cons tituted.  
Provided that if the Prime Minister dies, the senior -most Minister shall 
act as the Prime Minister until a new Prime Minister is appointed.  
78. Non-member of Federal  Parliament  to be Minister : (1) Notwithstanding 
anything contained in clause (9) of Artic le 76, the President may, on  
recommendation of  the Prime Minister, appoint a  person who is not a member 
of the  Federal  Parliament  as a Minister  
(2) A Minister appointed under clause (1) must obtain membership 
of the Federal Parliament  within six mo nths from the date of taking oath by 
him or her.  
(3) In the event of failure to obtain membership of the Federal 
Parliament  within the period mentioned in clause (2), he or she shall not be 
qualified  to be reappointed to the office of Minister during the term of the then 
House of Representatives.  
(4) Notwithstanding anything contained in clause (1), a person who 
has been defeated in the election to the then House of Representatives shall not 
be qualified  to be appointed to the office of Minister  during the term of such 
House of Representatives.  
79. Remuneration and other f acilities  of Prime Minister and Ministers : The 
remuneration and other facilities of the Prime Minister and Ministers shall be 
as provided for in the  Federal  Act, and shall be as specified by the Government 
of Nepal  until such Act is made . 
80. Oath : The Prime Minister, Deputy Prime Minister and Ministers shall take an 
oath of office and secrecy before the President, and Ministers of State and  
58 
 Assistant Ministe rs, before the Prime Minister, as provided for in  the Federal  
law, prior to  assuming their respective offices.  
81. To inform  President : The Prime Minister shall inform the President about the 
following matters:  
(a) resolutions of the Council of Ministers,  
(b) Bills to be introduced in the Federal Parliament , 
(c) such other necessary information as commanded by the President 
on matters set forth in clauses (a) and (b), and  
(d) current general state of affairs of the country and  matters 
concerning foreign relations.  
82. Transaction of b usiness of Government of Nepal : (1) The business of the 
Government of Nepal shall be allocated and transacted in accordance with the 
rules approved by the Government of Nepal.  
(2) No question may be raised in any court as to whether or not the 
rules under clause (1) have been observed.  
   
59 
 Part-8 
Federal Legislature  
83. Federal Legislature : There shall be a Federal Legislature  consisting of  two 
Houses to be known as the House of Representatives and t he National 
Assembly , which shall be called as the Federal Parliament.  
84. Composition of House of Representatives : (1) The House of Representatives 
shall consist of a total of two hundred and seventy five members, as follows:  
(a) One hundred and sixty fiv e members to be elected through the 
first past the post electoral system, with one being elected from 
each election constituency of one hundred and sixty five election 
constituencies delimited in the country on the basis of geography 
and population,  
(b) One hundred and ten members to be elected through the 
proportional electoral system  where voters vote for political 
parties , with the whole country being considered as a single 
election constituency.  
(2) The Federal  law shall provide that, in fielding cand idacy by 
political parties for the election to the House of Representatives under the 
proportional electoral system, representation shall  be ensured on the basis of a 
closed list also from women, Dalit , indigenous peoples, Khas Arya , Madhesi , 
Tharu , Muslim s and backward regions, on the basis of popul ation. In so 
fielding candidacy , regard shall also be had to geography and territorial 
balance.  
Explanation : For the purpose s of this clause,  "Khas Arya " means Kshetri, 
Brahmin , Thakuri , Sanyasi (Dashnami)  commu nity.     
(3) In fielding candidacy under clause (2), political parties shall 
provide for representation of the persons with disabilities as well.   
60 
 (4) Election to the House of Representatives under clause (1) shall 
be held through secret ballots in accorda nce with law.  
(5) Each citizen of Nepal who has completed the age of eighteen 
years shall have the right to vote in any one election constituency as provided 
for in the Federal  law. 
(6) A person who is qualified under Article 87 and entitled to vote in 
an election to the members of the House of Representatives may, subject to  the 
Federal law , be a candidate in any election constituency.  
Provided that a person shall not be a candidate in more than one election 
constituencies at the same time.  
(7) If the seat  of any member of the House of Representatives falls 
vacant while its term still remains for more than six months, the vacancy shall 
be filled in the same manner of electoral system as in which such seat was 
filled in.  
(8) Notwithstanding anything containe d elsewhere in this Part, at 
least one third of the total number of members elected from each political party 
representing in the Federal Parliament must be women. If women are not so 
elected as to constitute one third of the elected members of any politic al party 
under sub -clause (a) of clause (1) and sub -clause (a) of c lause (2) of Article 86, 
such political party must, in electing members under sub -clause (b) of clause 
(1), so elect that women members constitute at least one third of the total 
number of members elected to the Federal Parliament from that  party.   
(9) Election to the House of Representatives and other matters 
pertaining thereto shall be as provided for in  the Federal law. 
85. Term of House of Representatives : (1) Unless  dissolved earlier pursuant to this 
Constitution, the term of the House of Representatives shall be five years.   
61 
 (2) Notwithstanding anything contained in clause (1), the term of the 
House of Representatives may be extended by a Federal  Act for a period not  
exceeding one year in cases where a proclamation or order of a state of 
emergency is in effect.  
(3) The term of the House of Representatives extended under clause 
(2) shall ipso facto  expire upon  the expiry of six months from the date of 
voidance of the p roclamation or order of the state of emergency.  
86.  Compos ition of National Assembly and term of o ffice of its m embers : (1) The  
National Assembly shall be a permanent House.  
(2) The National Assembly shall consist of fifty nine members as 
follows:  
(a) fifty six elected members consisting of at least three women, one 
Dalit and one from person s with disabilities or minorities, from 
each State by an electoral college composed of members of the 
State Assembly, chairpersons and vice -chairpersons of the 
Village  Bodies , and Mayors and Deputy -Mayors of the 
Municipal ities, with different weightage  of vote  by members of 
the State Assembly, chairpersons and vice -chairpersons of the 
Village Bodies , and Mayors and Deputy -Mayors of the 
Municipal ities, as provided for in  the Federal  law, 
(b) Three members consisting of at least one woman nominated by 
the President on recommendation of the Government of Nepal.  
(3) The term of office of the members of the National Assembly 
shall be six years. The term of office of one third  of the members of the 
National Assembly shall expire in every two years.  
Provided that, for the first time, after the commencement of this 
Constitution, arrangements shall be made by drawing lots to retire one -third of  
62 
 the members on the expiry of two yea rs, another one -third on the expiry of four 
years, and the final one -third on the expiry of six years . 
(4) In computing the term of office of the members of the National 
Assembly for the first time after the commencement  of this Constitution, the 
term of office of all members shall be deemed to have commenced on the day 
on which the first session of the National Assembly is held.  
(5) Any vacancy of seat in the National Assembly shall be filled for 
the remainder of the term of office in the same manner of el ection or 
nomination  as in which the seat of the vacating member was filled.  
(6) Other matters  relating to election to the members of the National 
Assembly shall be as provided  for in  the Federal law. 
87. Qualification for m ember : (1) A person who has the following qualification 
shall be qualified to become a member of the Federal Parliament:  
(a) being a citizen of Nepal,  
(b) having completed the age of twenty five years , for the House of 
Representatives , and the age of thirty five years , for the National 
Assembly,  
(c) not having been convicted of a criminal offense involving moral 
turpitude,  
(d) not being disqualified by any Federal  law, and 
(e) not holding any office of profit.  
Explanation : For the purposes o f this clause, "office of profi t" mean s any 
position, other than a political position which is to be filled by election or 
nomination, for which a remuneration or economic benefit is paid out of a 
government fund.  
(2) No person may be a member of both Houses at the same time.   
63 
 (3) If a p erson who holds a political office to be filled by way of 
election, nomination or appointment is elected or nominated as a member of 
the Federal Parliament under this Part, his or her such office shall ipso facto  be 
vacant from the day on which he or she t akes an oath of office of member of 
the Federal  Parliament.  
88. Oath : Every me mber of each House of the Federal Parliament must , before 
taking part for the first time in the session of the House or any of its 
committees, t ake an oath as provided for in the  Federal  law. 
89. Vacation of s eat: The seat of a member of the Federal  Parliament shall become 
vacant in any of the following circumstances:  
(a) if he or she tenders resignation in writing before the Speaker or 
Chairperson,  
(b) if he or she is no longer qualified or ceases to possess the 
qualification under Article 87,  
(c) if the term of the House of Representatives or the term of office 
of the member of the National Assembly expires,  
(d) if he or she absents himself or herself fro m ten consecutive 
meetings, without giving notice to the concerned House,  
(e) if the political party of which he or she was a member when 
elected provides a notification in accordance with the Federal  law 
that he or she  has defected from the party,  
(f) if he or she dies.  
90. Decision as to disqualification of m ember : If a question arises as to whether 
any member of the Federal  Parliament is disqualified or has become 
disqualified under Article 87, the Constitutional Bench of the Supreme Court 
shall finally decide that question .  
64 
 91. Speaker and Deputy Speaker of House  of Representatives : (1) The members of 
the House of Representatives shall, not  later than fifteen days of the date of 
holding of the first meeting  of the House of Representatives , elect a Speaker 
and a Deputy Speaker from amongst themselves . 
(2) Election under clause (1) shall be so held that there is one woman 
out of the Speaker and the  Deputy Speaker, and the Speaker and the Deputy 
Speaker of the House of Representatives shall be repres entatives from different 
parties.  
Provided that if there  is no representation of more than one party in the 
House of Representatives or no candidacy is filed by more than one party in 
spite of representation, nothing shall prevent the members of the same p arty 
from being the Speaker and the Deputy Speaker of the House of 
Representatives.    
(3) If the office of the Speaker or the Deputy Speaker falls vacant,  
the members of the House of Representatives shall fill the vacancy by electing 
the Speaker or Deputy  Speaker from amongst themselves . 
(4) The Deputy Speaker shall, in the absence of the Speaker , chair  
the House of Representatives . 
(5) If election to the Speaker and the Deputy Speaker is not held or if 
both the positions  become vacant, the attending member who is by age the 
senior -most shall chair the meeting of the House of Representatives . 
(6) The office of the Speaker o r Deputy Speaker of the House of 
Representatives  shall become vacant in any of the following circumstances:  
(a) if he or she ceases to be a member of the House of 
Representatives,  
Provided that, in the event of dissolution of the House of 
Representatives , the Speaker and the Deputy Speaker of the  
65 
 House of Representatives holding their respective offices shall 
continue in off ice until the previous day of the filing of 
nominations for another election to the House of Representatives,  
(b) if he or she tenders resignation  in writing,   
(c) if a resolution is passed by a majority of two -thirds of the total 
number of the then member s of the House of Representatives that 
his or her conduct is not compatible with his  or her office.  
(7) The Deputy Speaker shall chair  a meeting at which deliberations 
are to be held on a resolution that the conduct of the Speaker of the House of 
Represent atives is not compatible with his or her office. The Speaker of the 
House of Representatives  may take part and vo te in the deliberations on such  
resolution.  
92. Chairperson and Vice -Chairperson of National Assembly : (1) The members of 
the National Assembly shall, not later than fifteen days of the date of holding 
of its first meeting , elect the Chairperson and the Vice -Chairperson of the 
National Assembly from amongst themselves.  
(2) Election under clause (1) shall b e so held that there is one woman 
out of the Chairperson and the Vice -Chairp erson of the National Assembly.  
(3) If the o ffice of the Chairperson or Vice -Chairperson  of the 
National Assembly  falls vacant, the members of the National Assembly shall 
fill the vacancy by electing its Chairperson or Vice -Chairperson from amongst 
themselves.  
(4) The Vice -Chairperson  of the National Assembly  shall, in the 
absence of its Chairperson , chair the Nation al Assembly . 
(5) If the election to the Chairperson  and the Vice -Chairperson  of the 
National Assembly is not held or if both the positions become s vacant, the  
66 
 member who is by age the senior -most  out of the attending members  shall 
chair the meeting of the National Assembly . 
(6) The office of the Chairperson  or Vice -Chairperson  of the 
National Assembly  shall become vacant in any of the following circumstances:  
(a) if he or she ceases to be a member of the National Assembly , 
(b) if he or she tenders resignati on in writing,  
(c) if a resolution is passed by a majority of two -thirds of the total 
number of the then members of the National Assembly  that his or 
her conduct is not compatible with his  or her office.  
(7) The Vice -Chairperson of the National Assembly shall chair a 
meeting at which deliberations are to be held on a reso lution that the conduct 
of the  Chairperson  of the National Assembly  is not compatible with his or her 
office. The Chairperson of the National Assembly may take part and vot e in 
the deliber ations on such  resolution.  
93. Summoning and p rorogation of s ession : (1) The President shall summon a 
session of the Federal  Parliament  within thirty days of the declaration of final 
results of  the election to the House of Representatives . Thereafter, the 
President shall , from time to time,  summon sessions of both or either of the 
Houses pursuant to  this Constitution.  
Provided that the interval between the two consecutive sessions shall 
not exceed six months.  
(2) The President may prorogue the session s of both or either of the 
Houses of the Federal  Parliament . 
(3) If, during the prorogation or recess of the session of the House of 
Representatives , one -fourth of the total number of its members write a petition 
that it is desirable to convene a session or meet ing, the President shall specify  
67 
 the date and time for such session or meeting. The House of Representatives 
shall meet or commence its session at the date and time so specified.  
94. Quorum : Except as otherwise provided in this Constitution, no question or  
resolution shall be presented for decis ion in a meeting of either House of the 
Federal  Parliament unless one -fourth of the total number of its members are 
present.  
95. Address by President : (1) The President may address either a meeting of any 
House or a joint sitting of both Houses of the  Federal  Parliament , and summon 
the members for that purpose.  
(2) The President shall ad dress the first session after  election to the 
House  of Representatives  and a joint sitting of both Houses of the Federal  
Parliament  after the commencement of the first session of each year.  
96. Deputy Prime Minister, Minister, Minister o f State and Assistant Minister 
entitled to take part in b oth Houses : The Deputy Prime Minister, Minister , 
Minister of State and Assistant Minister  shall be entitled to attend and take part 
in the proceedings and deliberations of either House of the Federal  Parliament 
or its committees.  
Provided that he or she shall not be entitled to vote in a House or its 
committee of which he or she is not a membe r. 
97. Formation of c ommittees : (1) The House of Representatives and the National 
Assembly may for m committees as provided for in  the Federal  law. 
(2) If a resolution is passed by either House demanding that a joint 
committee of both the Houses be formed f or the purpose of managing the 
working procedures between the two Houses of the Federal Parliament, 
resolving disagreement  on any Bill or for any other specified function, the joint 
committee shall be formed. The joint committee shall consist of a maximum of  
68 
 twenty five members in the ratio of five members from the House of 
Representatives to one member from the National Asse mbly . 
98. Transaction of b usiness  in case of vacancy in seat of m ember : Either House of 
the Federal  Parliament shall have the power to transact its business 
notwithstanding any vacancy in the seat of its member. No proceedings of 
either House of the Fede ral Parliament shall become invalid even if it is 
subsequently discovered that a person who was not so entitled took part in such 
proceedings.  
99. Voting : Except as otherwise provided in this Constitution, any motions 
submitted for decision in either House o f the Federal  Parliament shall be 
decided by a majority vote of the mem bers present and voting. The member 
chairing the meeting shall not have the right to vote.  
Provided that he or she may cast vote in the case of a tie.  
100. Provisions r elating to vote o f confidence and  motion  of no-confidence : (1) The 
Prime Minister may, whenever he or she considers necessary or appropriate to  
show that he or she has confidence from the House of Representatives , table a 
motion  to that effect in the House  of Representatives for the vote of 
confidence . 
(2)  If the political party which the Prime Minister represents is 
divided or a political party  in coalition government withdraws its support, the 
Prime Minister shall table a motion  in the House of Representatives for a vote 
of confidence within thirty days.  
(3) If a motion  tabled under clauses (1) and (2) is not passed by a 
majority of the total number of the then members of the House of 
Representatives, the Prime Minister shall rel ieve of his or her office.   
69 
 (4) One-fourth of the total number of the then members of the House  
of Representatives  may table a motion of no-confidence in writing that the 
House has no confidence in the Prime Minister.  
Provided th at a motion of no confidence  shall  not be tabled until the first 
two years after the appointment of the Prime Minister and until another one 
year after the date of failure of the motion of no confidence  once tabled.  
(5) A motion of no confidence to be tabled under clause (4) shall 
also indicate the name of a member propose d for the Prime Minister . 
(6) If a motion  of no confidence tabled under clause (4) is passed by 
a majority of the total number of the then members of the House of 
Representatives, the Prime Minister shall relieve of his or her office.  
(7) If the office of Prime Minister falls vacant because  of the passage 
of a motion of no confidence under clause (6), the President shall , in 
accordance with Article 76,  appoint as the Prime Minister the member of the 
House of Represent atives proposed under clause (5).  
101. Impeachment : (1) One fourth of the total number of the then members of the 
House of Representatives may move a motion of impeachment against the 
President or Vice -President on the ground of serious violation of this 
Constitution and the Federal  law. If the motion is passed by at least two thirds 
majority of th e total number of the then members of both Houses of the Federal  
Parliament, he or she shall relive of his or her office.  
(2) One fourth of the total number of the then members of the House 
of Representatives may move a motion of impeachment against the Ch ief 
Justice  of Nepal  or a Judge of the Supr eme Court , member of the Judicial 
Council, chief or official of a Constitutional Body on the ground of his or her 
failure to fulfil his or her duties of office because of serious violation of this 
Constitution and  law, incompetence or misconduct or failure to discharge the  
70 
 duties of office honestly or serious violation of the code of conduct . If the 
motion is passed by at least two thirds majority of the total number of the then 
members of the House of Representati ves, the concerned person shall reli eve 
of his or her office.  
(3) There shall be an impeachment recommendation committee in 
the House of Representatives for the purpose of making recommendation after 
inquiring into whether there exist the ground and reason  for moving a motion 
of impeachment against a ny person under clause (2). 
(4) The committee under clause (3) shall consist of eleven members 
of the House of Representatives.  
(5) If at least three members of the House of Representatives certi fy 
and submit  a petition that the received information, notice or petition is 
admissible on the ground of serious violation of the Constitution or 
incompetence or misconduct or failure to discharge the duties of office 
honestly or serious violation of the code of conduct by the person relieving of 
office on impeachment  under clause (2) , and the committee under cla use (3), 
upon inquiring  into such petition in accordance with Federal  law, make s 
recommendation to the House of Representatives for impeachment 
proceedings , a mot ion of impeachment under clause (2) may be moved . 
(6) After the commencement of impeachment proceedings under 
clause (2) , the Chief Justice  of Nepal or Judge of the Supreme Court , member 
of the Judicial Council, chief or official of the Constitutional Body  shall not be 
allowed to discharge the duties of his or her office pending the settlement of 
such proceedings.  
(7) A person who is charged with impeachment under clause (1) or 
(2) shall be provided with a reasonable opportunity to defend himself or 
herself .  
71 
 (8) Nothing shall bar the taking of action under the Federal  law in 
relation to the offence, if any, committed while in office by the President or 
Vice -President,  Chief Justice of Nepal or a Judge of the Supreme Court of 
Nepal , member of the Judicial Cou ncil, chief or official of a Constitutional 
Body  who is relieved of office upon the passage of a motion of impeachment 
under this Article.  
(9) A person who is relieved of office on the passage of a motion of 
impeachment under clause (1) or (2) shall not be  entitled  to obtain any facility 
accruing from such office and to be appointed or nominated to any  public 
office in the future.  
(10) Other matters  relating to impeachment shall be as provided for in 
the Federal  law. 
102. Penalty for unauthorized presence or voting : If a person who has not taken oath 
under Article 88 or who is not a member of the Federal  Parliament is present or 
votes in  the capacity of member in  a meeting of either House of the Federal  
Parliament  or of its committee , the person shall, by o rder of the person chairing 
the meeting, be fined with a sum of five thousand rupees for each instance of 
such presence or voting, and such fine shall be recovered as a government due.  
103. Privileges : (1) There shall be full freedom of speech in both Houses of the 
Federal  Parliament; and no member shall be arrested, detained or prosecuted in 
any court for anything expressed or any vote cast by him or her in the House.  
(2) Each House of t he Federal  Parliamen t shall , subject to this 
Constitution,  have full power to regulate and decide its internal business , and 
the concerned House  shall have the exclusive right to decide whether or not 
any of its proceedings is regular or irregular. No question shall be ra ised in any 
court in this behalf .  
72 
 (3) No comment shall be made about the good faith concerning any 
proceeding of any House of the Federal  Parliament, and no publication and 
broadcasting of any kind shall be made about anything said by any member, 
intentionally  distorting or misinterpreting the meaning of the speech.  
(4) The provisions of clauses (1) and (3) shall also apply to other 
persons who are entitled to participate in the meetings of the House than the 
members of the Federal  Parliament.  
(5)  No proceedin gs shall be initiated in any court against any person 
in respect of the publication , under the authority granted by any House of the 
Federal  Parliament , of any document, report, vote or proceeding.  
Explanation : For the purposes of clauses (1), (2), (3) and  (4), " House " mean s 
the House of Representatives or the National Assembly, and include s a joint 
sitting or committee or joint committee of the Federal  Parliament . 
(6) No member of the Federal  Parliament shall be arrested during the 
period from the issuance of a notice summoning the session to its prorogation.  
Provided that nothing in this clause shall be deemed  to bar  the arrest ing 
under the Federal  law of any member on a criminal charge. If any member is 
so arrested, the authority making s uch arrest shall forthwith give information 
thereof to the person presiding over  the concerned House . 
(7) Any breach of the privilege s shall be deemed to constitute 
contempt of the Federal  Parliament, and  the concerned House  shall have the 
exclusive right to decide whether any privilege has been breached.  
(8) If any person is in contempt of any House , the person presiding 
over the concerned House  may, after a decision by the House  to that effect, 
admonish, warn or impose a sentence of imprisonment for a ter m not 
exceeding three months or of a fine not exceeding ten  thousand rupees on such 
person, and  such fine  shall be recovered as a government due .  
73 
 Provided that if such person apologies  to the satisfaction of the 
concerned House , it may pardon , remit or commute the sentence imposed on , 
him or her.  
(9) Other matters relating to the privileges of the Federal  Parliament 
shall be as provided  for in the Federal  law. 
104. Procedures relating to conduct of b usiness : (1) Each House of the Federal  
Parlia ment shall  frame rules to conduct its business, maintain  order du ring its 
meetings and regulate  the constitution, functions and procedures of the 
committees  and procedures of the  House or its committee.  Until such rules are 
framed, the Federal  Parliament shall regulate its procedures on its own.  
(2) The conduct of business of the joint sitting of the Federal  
Parliament , and constitution and proceedings of the joint committee of the 
Federal  Parliament shall be regulated by the rules or procedures approved by 
the joint sitting of both Houses of the Federal  Parliament.  
105. Restriction on d iscussion : No discussion shall  be held in either House of the 
Federal  Parliament  on any matters that may cause adverse effect on the 
dispensation of justice on any cases which are sub judice  in any courts of 
Nepal and on any judicial acts done by Judges in the course of performance of 
their duties.  
Provided that nothing in this Articl e shall be deemed to bar the 
expression of opinions about the conduct of a Judge during deliberations held 
on a motion  of impeachment.  
106. Secretary General and Secretary of Federal  Parliament : (1) The President shall 
appoint the Secretary General of the House of Representatives on 
recommendation of both the Speaker of the House of Representatives and the 
Chairperson of the National Assembly, the Secretary of the House of  
74 
 Representatives on recommendation of the Speaker , and the Secretary of the 
National A ssembly on recommendation of the Chairperson . 
(2) The qualification, functions, duties, powers and other conditions 
of service of the Secretary General of the Federal  Parliament, Secretary of the 
House of Representatives and Secretary of the National Assem bly shall be as 
provided  for in the Federal  law. 
107. Secretariat of Federal Parliament : There shall be a Secretariat for conducting 
and managing the business of the Federal  Parliament. The establishment of 
such Secretariat and other matters related thereto shall be as provided  for in the 
Federal  law. 
108. Remuneration : The remuneration and facilities of the Speaker and the Deputy 
Speaker of the House of Representatives, the Chairperson and the Vice -
Chairperson o f the National Assembly , chairpersons of the committees and 
members of the Federal  Parliament  shall be as provided for in the Federal  law, 
and as specified by the Government  of Nepal  until such law is made.  
   
75 
 Part-9 
Federal  Legislative Procedures  
109. Legislative p owers of Federal  Parliament : The legislative powers of the 
Federal  Parliament shall be as enumerated  in the lists of Schedule -5, Schedule -
7 and Schedule -9. 
110. Procedures for introduction of Bills : (1) A Bill may, subject to this 
Constitution, be introduced in any House of the Federal  Parliament.  
Provided that a Money Bill shall  be introduced only in the House of 
Representatives . 
(2) A Money Bill and a Bill concerning a security body including the 
Nepal Army, Nepal Police and Armed Polic e Force , Nepal  shall be introduced 
only as a Government Bill.  
(3) "Money Bill" mean s a Bill concerning any or all of the following 
subjects:  
(a) the imposition, collection, abolition, remission, al teration 
or regulation of taxes,  
(b) the preservation of the Federal  Consolidated Fund or any 
other Federal  Government Fund, the deposit of moneys 
into and the appropriation or the withdrawal of moneys 
from such Funds, or the reduction, increment or 
cancellation of appropriations or of propos ed expenditures 
from such Funds,  
(c) the regulation of matters relating to the borrowing of 
money or the giving of guarantee by the Government of 
Nepal, or any matter pertaining to the amendment of the  
76 
 law with respect to any fin ancial obligations undertaken or 
to be undert aken by the Government of Nepal,  
(d) the custody and investment of all revenues received by 
any Federal  Government Fund, moneys acquired through 
the repayment of loans, and grant moneys, or accounts or 
audits of the acco unts of the Government of Nepal,   or  
(e) Other matters directly related to any of the subj ects 
specified in clause  (a), (b), (c)  or (d). 
Provided that any Bill shall not be deemed to be a Money Bill by 
the reason only that it provides for the lev ying of any charges and fees 
such as license fee, application fee, renewal fee or for the imposition of 
fines or penalty of imprisonment.  
(4) If any question arises whether a Bill is a Money Bill or not, the 
decision of the Speaker thereon shall be final.  
111. Procedures for p assage of Bills : (1) A Bill passed by one House of the Federal  
Parliament shall be transmitted to the other Hous e as soon as possible and such  
Bill, if passed by the receiving House, shall be presented to the President for 
assent . 
(2) A Money Bill passed by the House of Representatives shall be 
transmitted to the National Assembly. The National Assembly  shall , after 
deliberations on such Bill, send back the Bill to the House  of Representatives  
within fifteen days from the date of recei pt of the Bill,  with suggestion s, if any.  
(3) The House  of Representatives  shall, upon deliberations on a Bill 
returned with suggestion s under clause (2), present the Bill  incorporating  such 
sugges tions as it may deem appropriate  to the President for asse nt.   
77 
 (4) If the National Assembly  does not return a Money Bill received 
under clause (2) for more than fifteen days, the House of Representatives may 
present the Bill to the President for assent.  
(5) Any Bill, except for a Money Bill, passed by the House  of 
Representatives  and transmitted to the National Assembly shall be returned 
with approval or suggestions within two months from the date of receipt. If the 
National Assembly  does not return the Bill within that period, the House  of 
Representatives  may, by  a resolution passed by a majority of the total number 
of its existing  members, present the Bill to the President for assent.  
(6) If any Bill , other than a Money Bill,  passed by one House is 
rejected or is passed with amendments by the other House, the Bill shall be 
returned to the House where it originated.  
(7) If the House  of Representatives , in considering a Bill which has 
been rejected or amended by the National Ass embly  under  clause (6), passes it 
again as it was or with amendments, by a majority of the total number of its  
existing  members, the Bill shall be presented to the President for assent.  
(8) If a Bill which has been returned with amendments by the House 
of Representatives to the National Assembly under clause (6)  is also again 
passed, with such amendments, by a majority of the number of existing 
members of  the National Assembly, the Bill shall be presented to the President 
for assent . 
(9) The following Bills  shall be referred to a joint sitting of the both 
Houses , and if the joint sitting passes the Bill as it was or with amendments, 
the House in which the Bill originated shall present it to the President for 
assent:  
(a) Bills which, though passed by the National Assembly , 
have been rejected by the  House of Representatives,  or  
78 
 (b) Bills which have been returned to the National Assembly  
with amendments by the House  of Representatives , but the 
National Assembly  has not agreed on such amendments.  
(10) Even though the session of a House is prorogued  while a Bill is 
under its consideration, deliberations on the Bill may continue at the 
succeeding session.  
Provided that if the House  of Representatives  is dissolved or its term 
expires when any Bill introduced in  the House  of Representatives  is under its 
consideration or when any Bill passed by the  House of Representatives is 
under consideration in the National Assembly , such  Bill shall lapse . 
112. Withdrawal of Bills : One who has introduced a Bill may, with the approval of 
the House, withdraw the Bill.  
113. Assent on Bills : (1) A Bill which is to be submitted  to the President for assent 
under  Article 11 1 shall be so submitt ed by the Speaker or the Chairperson of 
the House  in which the Bill originated after it has been certified by him or her.  
Provided that in the case of a Money Bill, the Speaker shall so certify.  
(2) A Bi ll submit ted to the President for his or her assent in 
accordance with this Article shall be assented to within fifteen days , both 
Houses shall be informed thereof as soon as possible.  
(3) If the President is of the opinion that any Bill , except a Money 
Bill, submitted  for assent needs reconsideration , he or she may , within fifty 
days from the date of presentation of such Bill,  return  the Bill with his or her 
message to the House in which the Bill originated.  
(4) If any Bill is returned with a message  by the President , and  both 
Houses reconsider , passes  such Bill  as it was or with amendments and submit it 
again, the President shall give assent to that Bill within fifteen days of such 
submission .  
79 
 (5) A Bill shall become an Act after the Pr esident gives assent to it . 
114. Provisions r elating to Ordinance : (1) If, at any time, except when both Houses 
of the  Federal  Parliament  are in session, circumstances exist which render it 
necessary to take immediate ac tion, the President may, on recommendation of 
the Coun cil of Ministers, promulgate an  Ordinance.  
(2) An Ordinance promulgated under clause (1) shall have the same 
force and effect as an Act.  
Provided that every such Ordinance:  
(a) shall be tabled at the session of both Houses of the Federal  
Parliament  held after the promulgation, and if not passed 
by both  Houses, it shall ipso facto cease to be effective,  
(b) may be repeal ed at any time by the President,  and 
(c) shall, unless rendered ineffective or repealed under sub -
clause (a) or (b), ipso facto  cease to be effective  at the 
expiration of sixty days after the day on which a meeting 
of both Houses is held.  
Explanation : For the purposes of this clause, "day on which a meeting 
of both Houses is held" mean s the day on which a session or meeting of 
both Houses of the Federal  Parliament commences or is held , and  this 
term means  the later day on which a meeting of the House is held if the 
Houses of the Federal  Parliament meet on different dates.  
   
80 
 Part-10 
Federal  Financial Procedure s 
115. No tax to be levied or loan to be raised :  (1) No tax shall be levied and 
collected except in accordance with law.  
(2) No loan shall be raised and guarantee given by the Government 
of Nepal except as provided for in  the Federal law. 
116. Federal Consolidated Fund : Except for the revenues of trusts ( Guthi ), all 
revenues received by the Government of Nepal, all loans raised on the security 
of reven ues, all amount s received in repayment of any loans made under the 
authority of any Act and any other moneys received by the Government of 
Nepal shall , except as otherwise provided by a Federal  Act, be credited to a 
Government Fund to be known as the Federal  Consolidated Fund.  
117. Expenditures from Consolidated Fund or Government Fund : No expenditure 
shall be incurred out of the Federal  Consolidated Fund or any other Federal  
Government Fu nd except the following:  
(a) moneys charged on the Federal  Consolidated Fund,  
(b) moneys required to meet the expenditure under a Federal  
Appropriation Act,  
(c) advance moneys authorized by a Federal  Act required to meet 
expenditures, when an Appropriat ion Bill is under consideration,  
or  
(d) expenditures to be incurred in extraordinary circumstances under 
a Federal  V ote of Credit Act which contains only a description of 
expenditures.  
Provided that matters relating to the Federal  Contingency Fund  shall be 
governed by Article 124 .  
81 
 118. Expenditures c hargeable on Federal  Consolidated Fund :  The expenditures 
relating to the following matters shall be charged on the Federal  Consolidated 
Fund, and approval of the Federal  Parliament shall not be required for such 
expenditures:  
(a) the amount required as remuneration and facilities of the 
President and the Vice -president,  
(b) the amount required as remuneration and  facilities payable to the 
Chief Justice of Nepal, Judges o f the Su prem e Court, and  
members of the Judicial Council,  
(c) the amount required as remuneratio n and facilities payable to the 
Speaker and the Deputy Speaker of the House of 
Representatives, and the Chairperson and the Vice Chairperson 
of the National Ass embly,  
(d) the amount required as remuneration and facilities payable to the 
chiefs and officials of the Constitutional Bodies,  
(e) the amount required as remuneration and facilities of the Chiefs 
of States,  
(f) the administrative expenses of the Office of  the President or the 
Vice President, the Supreme Court, the Judicial Counci l, the 
Constitutional Bodies, and the offices of Chiefs of States,  
(g) all charges relating to debts for which th e Government of Nepal 
is liable,  
(h) any sum required to satisfy any judgment or decree made by a 
court against the Government of Nepal,  and 
(i) any other sum to be chargeable  by the Federal law  on the Federal  
Consolidated Fund.   
82 
 119. Estimates of revenues and expenditures : (1) The Minister for F inance of the 
Government of Nepal shall, in respect of every financial year, lay before the 
joint sitting of both Houses of the Federal  Parliament an annual estimate 
setting out , inter alia , the following matters:  
(a) an estimate of revenues,  
(b) the money s required to meet the charges on the Federal  
Consolidated Fund,  and 
(c) the moneys required to meet the expe nditure to be provided for 
by a  Federal  Appropriation Act.  
(2) The annual estimate to be laid pursuant to clause (1) shall also be 
accompanied by a statement of the expenses allocated to every Ministry in the 
previous financial year and particulars of whether the objectives of the 
expenses have been achieved.  
(3) The Minister for Finance of the Government of Nepal shall lay 
before the Federal  Parliament an estimate of revenues and expenditures under 
clause (1) on the 15th day of Jesta  (mid May)  each year.  
120. Appropriation Act : The moneys to be spent under an  Appropriation Act shall 
be specified under concerned  heads in an Appropriation Bill . 
121. Supplementary e stimates : (1) The Minister for Finance of the Government of 
Nepal may  lay before the House of Representatives  a supplementary estimate 
if it is found in any financial year, - 
(a) that the sum authorized to be spent for a particular service by the 
Appropriation Act for the current financial year is insufficient, or 
that a nee d has arisen for expenditures on some new service not 
provided for by the Appropriation Act for that year,  or  
83 
 (b) that the expenditures made during that financial  year are in 
excess of the amount authorized by the Appropriation Act.  
(2) The sums include d in the supplementary estimate  shall be 
specified under the related heads in a Supplementary Appropriation Bill.  
122. V otes on a ccount : (1) Notwithstanding anything contained elsewhere in this 
Part, a portion of the expenditure estimated for the financial year may, when an 
Appropriation Bill is under consideration, be incurred in advanc e, as provided 
for in the  Federal  Act. 
(2) A V ote on Accou nt Bill shall not be introduced until the estimates 
of revenues and expenditures have been laid in ac cordance with Article 119 , 
and the sums involved in the V ote on Account shall not exceed one -third of the 
estimate of expenditures for the financial year.  
(3) The expenditures incurred in accordance with the Federal  V ote 
on Account Act shall be included in the Appropriation Bill.  
123. V otes of c redit: Notwithstanding anything contained elsew here in this Part, if 
owing to an  emergency due to either natural ca uses or a threat of external 
aggression or internal disturbances or other reasons, it appears to be 
impractical or inexpedient in view of the security or interest of the country  to 
specify the d etails required under Article 119 , the Minister for Finance of the 
Government of Nepal may lay before the House of Representatives  a V ote of 
Credit Bill giving only a statement of expenditures.  
124. Federal  contingency f und: (1) A Federal  Act may create a fund to be known as 
the contingency f und into which such moneys as may be determined by the 
Federal  Act shall be paid from time to time .  
(2) The Government of Nepal shall control the f und under clause (1) , 
and may meet any unforeseen expenditure out of such f und.  
84 
  (3) The amount of the expen diture under clause (2) shall be 
reimbursed as soon as possible as provided for in the Federal  Act. 
125. Act relating to financial p rocedures : Matters relating to the transfer of moneys 
appropriated by the Federal  Act from one head to another and other fin ancial 
procedures shall be as provided for in the  Federal  Act. 
   
85 
 Part-11 
Judiciary  
126. Courts to exercise powers relating to j ustice : (1) Powers relating to justice in 
Nepal shall be exercised by courts and other judicial bodies in ac cordance with 
this Constitution, other laws and the recognized principles of justice.  
(2) All shall abide by the orders or decisions made in the cour se of 
trial of lawsuits by the c ourts.  
127. Courts : (1) There shall be the following c ourts in Nepal:  
(a) Supreme Court,  
(b) High Court,  and 
(c) District Court.  
(2) In addition t o the c ourts under clause (1), judicial bodies may be 
formed  at the Local level to tr y cases under law or other bodies as required 
may be formed  to pursue alternative dispute settlement methods.  
128. Supreme Court :  (1) There shall be a Supreme Court in Nepal.  
(2) The Supreme Court shall be a court of record. All courts and 
judicial bodies shall, except as otherwise provided in this Constitution, be 
under the Supreme Court.  The Supreme Court shall have  the final authority to 
interpret this Constitution and laws.  
(3) The Supreme Court may inspect, supervise an d give necessary 
directives to,  it and courts, specialized courts or other judicial bodies under its 
jurisdiction, in relation to matters relating to judicial administration or 
management.  
(4) All must abide by any interpretation of the Constitution or a law 
made by or any legal principle laid down by the Supreme Court in the course 
of trying a lawsuit.  If anyone makes obstruction in the dispensation  of justice  
86 
 by, or disregard any order or judgment handed down by, it or any of its 
subordinate courts, the Supreme Court may , in accordance with law,  initiate 
proceedings and impose punishment for contempt . 
129. Appointment and q ualification of Chief Justice of Nepal and Judges of 
Supreme Court : (1) The Supreme Court shall consist of a maximum of twenty 
Judges, in addition to the Chief Justice  of Nepal.  
(2) The President shall appoint the Chief Justice, on recommendation  
of the Constitutional Council, and other Judges  of the Supreme Court, on 
recommendation of the Judicial Council.  
(3) Any person who has served  as a Judge of the Supreme Court for 
at least three years shall be qualified for appointment  as the Chief Justice.  
(4) The term  of of fice of the Chief Justice shall  be six years . 
(5) Any citizen of Nepal  who has  obtained a bachelor 's degree in law 
and served  as the Chief Judge or a Judge of a High Court for at least five years 
or who has obtained a bachelor 's degree in law and constantly practiced law as 
a senior  advocate or advocate for at least fifteen years  or who is a distinguished 
jurist having constantly worked for at least fifteen years in the judicial or legal 
field or who has served in the post of Gazetted first class or a higher post of the 
Judicial Service  for at least twelve  years  shall be deemed qualified for 
appointment as a Judge of the Supreme Court.  
Explanation : The period during which one has served as the Chief Judge or 
Judge of an Appellate Court prior to the commencement of this Constitution 
shall, for the purposes of this clause, be deemed to be the period of service in 
the capacity of the Chief Judge or Judge of the High Court.  
(6) If the office of the Chief Justice falls vacant or the Chief Justice 
is unable to carry out the duties of his or her office by reason of illness or 
otherwise or he or she cannot be present in the Supreme Court by reason of a  
87 
 leave of absence or his or her bei ng outside of Nepal, the senior -most Judge of 
the Supreme Court shall act as the Acting Chief Justice.  
130. Conditions of service and f acilities of Chief Justice and Judge s: (1) If the Chief 
Justice or  a Judge of the Supreme Court  who has served for at lea st five years 
resigns  or undergoes compulsory retirement or dies, he or she shall  be entitled 
to suc h pension as may be provided for in the Federal  law. 
(2) Except  as otherwise provided in this Constitution, the 
remuneration and other conditions of service  of the Chief Justice and Judges of 
the Sup reme Court shall be provided for in the Federal  law. 
(3) Notwithstanding anything contained in clauses (1) a nd (2), the 
Chief Justice or a  Judge of the Supreme Court who has been removed from 
office by way of impe achment  or who has been punished by a court for a 
criminal offence involving moral turpitude shall not be entitled to gratuity or 
pension.  
(4) The remuneration  and other conditions of service of the Chief 
Justice or a Judge of the Supreme Court shall not b e altered to his or her 
disadvantage.  
Provided that this provision shall not apply in cases where a state of 
emergency is declared because of extreme economic disarrays.  
131. Vacation of office of  Chief Justice or Judge of Supreme Court : The office of 
the Chief Justice or a Judge of the Supreme Court shall be vacant  in any of the 
following circumstances:  
(a) if he or she tenders resignation in writing before the President ,  
(b) if he or she atta ins the age of sixty -five years,  
(c) if a motion of impeachment is passed against him or her under 
Article 101,   
88 
 (d) if the President removes from  office the Chief Justice, on 
recommendation of the Constitutional Council, and the Judge of 
the Supreme Court, on recommendation of the Judicial Cou ncil, 
on the ground that he or she is unable to discharge his or her 
duties becaus e of physical or mental illness,  
(e) if he or she is punished by a court for a criminal offence 
involving moral turpitude,  
(f) if he or she dies.  
132. Chief Justice and Judge s of Supreme C ourt not to be engaged in any o ther 
office: (1) No Chief Justice or Judge of the Supreme Court shall  be engaged in 
or deputed to any office other than that of Judge.  
Provided that the Government of Nepal may, in consultation with the 
Judicial Council, depute a Judge of the Supreme Court to work concerning 
judicial inquiry, or to legal or jud icial investigation or research  for a specified 
period.  
(2) No person who has o nce held the office of Chief Justice or a 
Judge of the Supreme Court shall be eligible for appoi ntment to any 
government office, except as otherwise provided in this Constitution.  
133. Jurisdiction of Supreme Court : (1) Any citizen of Nepal may file a peti tion in 
the Supreme Court to have any law or any part thereof declared void on the 
ground of inconsistency with this Constitution because it imposes an 
unreasonable rest riction on the enjoyment of any fundamental right  conferred 
by this Cons titution or on any other ground, or to have  any law or any part 
thereof made by a State Assembly declared void because it is inconsistent with 
any law made by the Federal Parliament or to have any law or any part thereof 
made by a Municipal Assembly or Village Assembly d eclared void because it 
is inconsistent with a law made by the Federal Parliament or the State  
89 
 Assembly , and the Supreme Court shall have  an extra -ordinary power to 
declare that law to be void either ab initio  or from the date of its decision if the 
law appears to be  so inconsistent . 
(2) The Supreme Court shall, for the enforcement of the fundamental 
rights conferred by this Cons titution or of any other legal right for which no 
other remedy has been provided or for which the remedy even though provided 
appears to be inadequate or ineffective or for the settlement of any 
constitutional or legal question involved in any dispute of public interest or 
concern, have the extraordinary power to issue necessary and appropriate 
orders , provide appropriate remedie s, enforce such right or settle such dispute.  
(3) Under the extra -ordinary jurisdiction  under clause (2 ), the 
Supreme Court may  issue appropriate orders and writs including the writs of 
habeas corpus , mandamus , certiorari , prohibition and quo warranto . 
Provided that  except on the ground of lack  of jurisdiction, the Supreme 
Court shall not under this clause interfere with any internal proceedings of the 
Federal Parliament or State Assembly, and with  any proceedings instituted by 
the Federal Parliament or Sta te Assembly concerning violation of its privileges 
and penalties imposed therefor.  
(4) Subject to this Constitution, t he Supreme Court shall , as provided 
in a Federal law, have the power to originally try and settle cases, hear appeals, 
test judgments referred for confirmation, revise cases, hear petitions or review 
its judgments or final orders. Judges other than those having handed down the 
previous judgment shall make such review.  
(5) The Supreme Court shall settle appeals from cases originally 
tried and settled by a High Court and matters of public importance involving 
questions of interpretation of the Constitution and law or cases recommended  
90 
 by a High Cou rt, accompanied by its opinion, that it is reasonable that decision 
be made by the Supreme Cou rt. 
(6) Other powers and procedures of the Supreme Court shall be as 
provided for in the  Federal  law. 
134. Power to transfer of c ases: (1) If cases  which involve substant ially the same 
questions are sub judice  before the Supreme Court and a High Court , and the 
Supreme Court is satisfied on  its own or on application by the Attorney 
General or parties  to such case s that such questions are of public importance, 
the Supreme Court shall have the power to procure and adjudge  the cases  
together.  
(2) If there e xists a special situation wher e judicial impartiality  can 
be questioned  if a case filed in a High Court is tried by that Court, the Supreme 
Court may , for reasons and grounds to be recorded,  order such case to be 
transferred from such High Court to another  High Court and tried by the latter 
High Court , in accordance with law.  
135. Not to be engaged in practice of law : No Chief Justice or Judge of the Supreme 
Court may, after retirement from service,  be engaged in the practice of law, 
mediation or arbitratio n proceedings before any office or court.  
136. Responsibility of Chief Justice : The Chief Justice shall have the ultimate  
responsibility to make effective the administration of justice by the Supreme 
Court , subordinate courts,  specialized courts or other j udicial bodies.  
137. Formation of Constitutional  Bench : (1) The re shall be a Constitutional Bench 
in the  Supreme Court . The Constitutional Bench  shall consist of the Chief 
Justice and other four Judges designated by the Chief Justice on 
recommendation of the Judicial Council.   
91 
   (2) The Bench under clause (1) shall originally try and settle the 
following cases, in addition to the petitions filed in accordance with clause (1) 
of Article 133:  
(a) Disputes relating to jurisdiction between the Federation  and a 
State, between States, between  a State and a Local l evel and 
between Local l evels,  
(b) Disputes relating to election to members of the Federal  
Parliament  or State Assembly and matters  relating to 
disqualification of a member of the Federal  Parliament or of the 
State Assembly.    
(3) Notwithstanding anything contained in Article 133, if it appears 
that any case sub judice  in the Supreme Court involves a question of serious 
constitutional interpretation, the Chief Justice may appoint  such case to be tried 
by the Bench under clause (1).  
(4) Other provisions relating to the functioning of the Constitutional 
Bench shall be as determined by the Supreme Court.  
138. Annual report : (1) The Supreme Court,  Judicial Council and Judicial Service 
Commission  shall, every year, submit annual report s to the President , and th e 
President shall submit such report s to the Federal Parliament through the Prime 
Minister.  
(2) If the Federal  Parliament, upon deliberating on the annual reports 
submitted under clause (1), deems it necessary to give any suggestion, it may 
give such suggestion to the concerned body through the Government of Nepal, 
Ministry of Law and Justice.  
(3) Other provisions  relating to annual reports under clause (1) shall 
be as provided for in the  Federal  law. 
139. High Courts :  (1) There shall be a High Court in each State.   
92 
 (2) If anyone makes obstruction in the dispensation of justice by, or 
disregard any order or judgmen t handed down by, it or any of its subordinate 
courts or judicial bodies, the High Court may initiate proceedings on and 
impose punishment  for contempt,  as provided for in the Federal law. 
(3) Each High Court shall consist of such number of Judges, in 
addition to t he Chief Judge, as provided for in  the Federal  law. 
140. Appointment and qualification of Chief J udge and J udges of High  Court : (1) 
The C hief Justice shall, on recommendation of the Judicial Council, appoint 
the Chief Judge and Judges of the High Court.  
(2) Any citizen of Nepal who has obtained a bachelor 's degree in law 
and served as a Judge of a District Court for at least five years or who has 
obtained a bachelor 's degree in law an d constantly practiced law as a senior  
advocate or advocate for a t least ten years or who has constantly been engaged 
in the teaching or research of law or in any other field relation to law or justice 
for at least ten years or who has served in the post of at least Gazetted first 
class of the Judicial Service for at le ast five years shall be deemed qualified for 
appointment as the Chief Judge or a  Judge of the High Court.  
(3) Appointments to the Chief Judge and Judges of a High Court 
shall be made from amongst the persons who have possessed the qualification 
under claus e (2) on the basis of the proportion of cases settled by him or her 
annually and of evaluation of cases upheld, quashed or reversed by superior 
court s in the course of final decision thereof, in the case of a District Judge, 
and of his or her seniority, qu alification and evaluation of standard of 
performance of business , in the case of a person who has served in the post of 
at least Gazetted first class of the Judicial Service, and of evaluation of 
seniority, professional continu ity, honesty, professional condu ct and 
contribution made to the field of law and justice , in the case of other s.  
93 
 (4) If the office of the Chief Ju dge falls vacant or the Chief Judge  is 
otherwise unable to carry out the duties of his or her office or cannot be present 
in the High Court by reason of a leave of absence or his or her being outside of 
the State , the senior -most Judge of the High  Court shall  act as the Acting Chief 
Judge . 
141. Conditions of s ervice and f acilities o f Chief Judge  and Judges : (1) Except  as 
otherwise provided in this Constitution, the remuneration and other conditions 
of service of the Chief Judge and Judges of the High Court shall be provided 
for in  the Federal  law. 
(2) Notwithstanding anything contained in clause (1), the Chief 
Judge or a Judge of a High  Court who has been removed from office  upon 
action by the Judicial Council or upon punishment  by a court for a criminal 
offence involving moral turpitude shall not be entitled to gratuity or pension.  
Provided that this provision shall not apply in cases w here the Judicial 
Council has removed him or her from office on the ground of inability to 
perform the duties of his or her office because of physical or mental illness.  
(3) The remuneration and other conditions of service of the Chief 
Judge or a Judge of the High Court shall not be altered to his or her 
disadvantage.  
Provided that this provision shall not apply in cases where a state of 
emergency is declared because of extreme economic disarrays.  
142. Vacation of office of Chief Judge or Judge : (1) The office of Chief Judge or 
Judge of a High Court shall be vacant  in any of the following circumstances:  
(a) if he or she tenders resignation in writing before the Chief 
Justice,  
(b) if he or she attains the age of sixty -three years,   
94 
 (c) if he or she is removed  from office by the Chief Justice on 
recommendation of the Judicial Council, on the ground of 
his or her incompetence, bad conduct, failure to perform 
his or her duties honestly,  performance of business with 
mala fide intention or serious violation by him or her of 
the code of conduct required to be observed by him or her,  
(d) if he or she is removed from office by the Chief Justice on 
recommendation of the Judicial Council on the  ground 
that he or she is unable to discharge his or her duties 
becaus e of physical or mental illness,  
(e) if he or she is punished by a court for a criminal offence 
involving moral turpitude,  
(f) if he or she dies.  
(2) A Judge who is facing a charge shall be provided with a 
reasonable opportunity to defend himself or herself prior to removing him or 
her from the office unde r sub -clause (3) of clause (1). The Judge against whom 
the proceedings have been  so instituted shall not be allowed to perform the 
duties of his or her office until the proceedings are completed.  
(3) Nothing shall bar the institution of action in accordance with the 
Federal law against the Chief Judge or Judge who has been removed from 
office for an off ence which he or she has committed while in office.  
143. Chief Judge  and Judge s not to b e engaged in any other o ffice and provisions 
relating to t ransfer : (1) No Chief Judge  or Judge of a High  Court shall be 
engaged in or deputed to any office other than that of Judge.  
Provided that the Government of Nepal may, in consultation with the 
Judicial Council, depute a Judge of the High  Court to work concerning judicial  
95 
 inquiry, or to legal or judicial investigation or research or to any business of 
national conc ern for any specific  period.  
(2) The Chief Justice may, on recommendation of the Judicial 
Council, transfer a Judge of a High Court to another High Court.  
144. Jurisdiction of High Court : (1) The High Court shall  have the power to issue 
necessary and appropriate orders , for the enforcement of the fundamental 
rights conferred by this Constitution or for the enforcement of any other legal 
right for which no other remedy has been provided or for which the remedy 
even though provided appears to be inadequate or ineffective or for the 
settlement of any legal question involved in any dispute of public  interest or 
concern,  
(2) For the purposes  of clause (1 ), the High  Court may issue 
appropriate orders and writs including  the writs of habeas corpus , mandamus , 
certiorari , prohibition and quo warranto . 
Provided that except on the ground of absence of jurisdiction, the High  
Court shall not under this clause interfere with any internal proceedings of the 
Federal Parliament or State Assembly, and with  any proceedings instituted by 
the Federal  Parliament or State Assembly concerning violation of its privileges 
and penalties imposed therefor.  
(3) The High Court shall, in accordance with the Federal  law, have 
the power to originall y try  and settle cases, hear appeals and  test judgments 
referred fo r confirmation.   
(4) Other powers and procedures of the High  Court shall be as 
provided by the Federal  law. 
145. Power to transfer c ases: (1)   If a High Court is of the opinion that a case  which 
is sub judice  in a subordinate court within its jurisdiction involves a question 
relating to a State law and  it is essential to settle that  question in order to  
96 
 decide the case, the High Court may procure the case and dispose the case 
wholly or decide only such question  and remand the case to the court of first 
instance.  
 (2) If it is satisfied with the reason that there exists a situation where 
judicial impartiality can be questioned if a case filed in a District  Court is tried 
by that Court, th e High  Court may, for reasons and grounds to be recorded, 
order such case to be transferred from such District  Court to another District  
Court under its jurisdiction and tried by the latter District  Court, as provided 
for in the Federal law. 
146. To be engaged in practice of l aw: A person who has retired from the office of a 
Judge of a High Court  may be engaged in the practice of law before the 
Supreme Court and a High Court, other than the High Court where he or she 
has served as a Judge and a subordina te court.  
147. Responsibility of Chief Ju dge: The Chief Judge  shall have the ultimate  
responsibility to make effective the administration of justice by the High  Court 
and the C ourts  or other judicial bodies which are subordinate to it . For that 
purpose, t he Chief Judge may, subject to this Constitution and the Federal law, 
give necessar y direction to the subordinate C ourts and judicial bodies.  
148. District Courts : (1) There shall be a District Court in each District.  
(2) The L ocal level  judicial bodies established in accordance with 
the State law shall be subordinate to the District Court. The District Court may 
inspect as well as supervise and give necessary direction to its subordinate 
judicial bodies . 
149. Appointment, qualification, remuneration and other c onditi ons of s ervice of 
Judges of District Courts : (1) The Chief Justice shall, on recommendation of 
the Judicial Council, appoint Judges of the District Courts.   
97 
 (2) The vacant  posts  of Judge s of the  District Court shall be filled a s 
follows:  
(a) twenty percent of the vacant posts , on the basis of evaluation of 
seniority, qualification and competency, from amongst the 
officers who have obtained bachelor's degree in law and served 
for at least three years in the post of Gazetted Second Class of the 
Judicial Service,  
(b) forty percent of the vacant posts , on the basis of open 
competitive examination, from amongst the officers who have 
obtained bachelor's degree in law and served for at least three 
years in the post of Gazetted Second Class of the Judicial 
Service,  
(c) the remainin g forty percent of the vacan t posts , on the basis of 
open competitive examination, from amongst the citizens of 
Nepal who, having obtained bachelor's degree in law, have 
constantly practiced law for at least eight years as an advocate  or 
who,  having obtained bachelor's degree in law, have served  in a 
Gazetted post of the Judicial Service for at least eight years or 
have constantly been engaged in the teaching or research of law 
or served in any other fie ld of law or justice for at least eight 
years.  
(3) The Judicial Service Commission shall, in accordance with the 
Federal  law, hold written and oral competitive examinations for the persons 
who have possessed the qualification under sub -clauses (b) and (c) of clause 
(2), and make recommendation, in order of merit, to  the Judicial Council for 
appointment as District Judges.   
98 
 (4) The remuneration and other conditions of service of the Judges 
of the District Cou rt shall be provided for in  the Federal law. 
 (5) The remuneration and other conditions of service of a Judge of 
the District Court shall not be altered to his or her disadvantage.  
Provided that this provision shall not apply in cases where a state of 
emergency is declared because of extreme economic disa rrays.  
(6) The office of a Judge of  the District Court shall be vacant in any 
of the following circumstances:  
(a) if he or she tenders resignation in writing before the Chief 
Justice,  
(b) if he or she attains the age of sixty -three years,  
(c) if he or she  is removed from office by the Chief Justice on 
recommendation of the Judicial Council, on the ground of 
his or her incompetence, misconduct, failure to perform 
his or her duties honestly, performance of business with 
mala fide intention or serious violati on by him or her of 
the code of conduct required to be observed by him or her,  
(d) if he or she is removed from  office by the Chief Justice on 
recommendation of the Judicial Council on the ground 
that he or she is unable to continue service and discharge 
his or her duties becaus e of physical or mental illness,  
(e) if he or she is punished by a court for a criminal offence 
involving moral turpitude,  
(f) if he or she dies.  
(7) A District Judge who is accused shall be given a reasonable 
opportunity to defend h imself or herself  before removing  him or her from   
99 
 office under sub -clause (c) of clause (6).  The District Judge against whom the 
proceedings are so initiated shall not perform the duties of his or her office 
until the proceedings are completed.  
(8) Nothing  shall prevent the instituting of action , in accordance with 
the Federal law, against a District Judge  who is  removed from  office for an 
offence which h e or she has committed while in office.  
150. District Judges not to be engaged in any o ther office and provisions r elating to 
transfer : (1) No District Judge shall be engaged in or deputed to any office 
other than that of Judge.  
Provided that the Government of Nepal may, in consultation with the 
Judicial Council, depute a District Judge to work concerning judicial inquiry, 
or to legal or judicial investigation or research and to any election related work,  
for a specified period.  
(2) The Chief Justice may, on recommendation of the Judicial 
Council, transfer a District Judge from one District Court  to another  District 
Court.  
151. Jurisdiction of District Court : (1) Except as otherwise provided by the Federal 
law, a District Court shall have the power to originally try and settle all cases 
under its jurisdiction , to try petitions under law, including petitions of habeas 
corpus and prohibition, hear appeals under law from decisions made by quasi -
judicial bodies, hear appeals from decisions made by L ocal leve l judicial 
bodies formed under the  State law, institute contempt proceedings  and punish 
for contempt under the Federal  law if anyone makes obstruction in the 
dispensation of justice by , or disregards any order or judgment by, it or any of 
its subordinate courts.  
(2) Other provisions relating to the jurisdiction and procedures of the 
District Courts shall be as provided for in the Federal  law.  
100 
 152. Specialized c ourts : (1) Other specialized courts, judic ial bodies or tribunals 
may be formed to try and settle specific types and nature of cases other than 
those mentioned in Article  127, as provided for in the Federal law.  
Provided that no specialized court, judicial body or tribunal  shall be 
formed for any specific case.  
(2) No criminal offence involving imprisonment for a term of more 
than one year  shall fall under the jurisdiction  of a body other than a court, 
specialized court, military court or judicial body.  
153. Judicial Council : (1) There shall be a Judicial Council to make 
recommendation or give advice, in accordance with this Constitution, on the 
appointment of, transfer of,  disciplinary action against, and dismissal of, 
Judges, and other matters relating to the administration of justice, which shall 
consist of the following as its chairperson and members:  
(a) The Chief Justice  - Chairperson  
(b) The Federal Minister for Law and Justice  - Member  
(c) The senior -most Judge of the Supreme 
Court  - Member  
(d) One jurist nominated by  the President on 
recommendation of the Prime Minister   
- Member  
(e) A senior advocate or advocate who has 
gained at least twenty years of experience, 
to be appointed by the President on 
recommendation of the Nepal Bar 
Association  - Member   
101 
 (2) The term of office of the members under sub-clauses (d) and (e) 
of clause (1) shall be four years, and their remuneration and facilities shall be 
equivalent to those of a Judge of the Supreme Court.  
(3) The members under  sub-clauses (d) and (e) of clause (1) shall  be 
removed from office in the same  manner and on the same  grounds as a Judge 
of the Suprem e Court.  
(4) The chairperson and a member of the Judicial Council may study 
the case associated with a  complaint filed in respect of any Judge, and make a 
report thereof to the Judicial Council.  
(5) If a preliminary inquiry of a complaint filed in respect of any 
Judge reveals a need to have a detailed inquiry by an expert, the Judicial 
Council may form an inquiry committee.  
(6) If a Judge, other than a Judge who can be removed from office 
by way of impeachment in accordance with this Constitution, commits a n 
abuse of authority by way of corruption, the Judicial Council may investigate 
into the matter and institute a case in accordance with law.   
(7) The Judicial Council must prepare updated records of the persons 
who are qualified for appointment to offices of the Chief Justice , Judges of the 
Supreme Court, Chief Judge s and Judge s of the  High Courts.  
(8)  Other functions, duties and powers of the Judicial Council shall  
be as provided for in the Federal law . 
154. Judicial Service Commission : (1) I n appointing,  transferring or promoting 
gazetted officers of the Federal  Judicial Service or taking departmental action 
concerning such officers in accordance with law, the Government of Nepal 
shall act on recommendation of the Judicial Service Commission.  
Provided tha t in making new permanent appointments to gazetted posts 
of the  Federal Judicial Service from persons who are not already in the Federal   
102 
 Government Service or making promotions from non -gazetted posts of the 
Federal Judicial Service to gazetted ones of that Service, the Government of 
Nepal shall act on the recommendation of the Public Service Commission.  
Explanation : For the purposes of this Article, the Public Service 
Commission shall hold open and internal competitive examinations to be held 
for app ointment s to Gazetted posts of the Federal Judicial Service.  
(2) The Judicial Service Commission shall consist of the following 
as its chairperson and members:  
(a) The Chief Justice  - Chairperson  
(b) The Federal  Minister for Law and 
Justice  - Member  
(c) The seniormost Judge of the 
Supreme Court  - Member  
(d) The Chairperson of the Public 
Service Commission  - Member  
(e) The Attorney General  - Member  
(3) Other functions, duties, powers and procedures of the Judicial 
Service Commission shall be as provided  for in  the Federal law. 
155. Provisions relating to conditions of service and f acilities : Provisions relating to 
the remuneration, facilities and conditions of s ervice of the employees of the 
Federal  Judicial Service shall be as p rovided for in the  Federal Act. 
156. Provisions r elating to State Judicial Service Commission : Provisions relating to 
the formation of a State Judicial Service Commission and the remuneration,  
103 
 facilities and conditions of service of the employees of a State Judicial S ervice 
shall be as provided for in  the Federal  law. 
   
104 
 Part- 12 
Attorney General  
157. Attorney General :  (1) There shall be an Attorney General of Nepal.  
(2) The President shall,  on recommendation of the Prime Minister, 
appoint the Attorney General.  The Attorney General shall hold office during 
the pleasure of the Prime Minister.  
(3) A person who is qualified to be appointed as a Judge of the 
Supreme Court shall be eligible to be  appointed as the Attorney General.  
(4) The office of the Attorney General shall be vacant in any of the 
following circumstances:  
(a) if he or she tenders resignation in writing to the President through 
the Prime Minister,   
(b) if he or she is removed from  office by the President on 
recommendation of the Prime Minister , 
(c) if he or she dies.  
(5) The remuneration and other facilities of the Attorney General 
shall be similar to those of a Judge of the Supreme Court. Other conditions of 
service of the Attorne y General shall be in accordance with  law. 
158. Functions, duties and p owers of Attorney General :  (1) The Attorney General 
shall be the chief legal advisor to the Government of Nepal. It shall be the duty 
of the Attorney General to give opinions and advic es on constitutional and 
legal matters to the Government of Nepal and such other authorities as the 
Government of Nepal may specify.  
(2) The Attorney General or government attorneys subordinate to 
him or her shall represent the Government of Nepal in lawsu its wherein the 
rights, interests or concerns of the Government of Nepal are involved. Except   
105 
 as provided otherwise in this Constitution, the Attorney General shall have the 
right to make a final decision as to whether to institute any case on behalf of 
the Government of Nepal in any court , judicial body or authority.  
(3) Opinion of the Attorney General must be obtained for 
withdrawing a case filed on behalf of the Government of Nepal.  
(4) The Attorney General may, upon in vitation by the Federal  
Parliament or any of its committees, to appear and express his or her opinion 
on any legal question in such a meeting . 
(5) In the course of discharging the duties of his or her office, the 
Attorney General shall have the right to appe ar in any Court, offi ce and 
authority of Nepal.  
(6) The Attorney General shall, in the course of performing his or 
her duties, have the  power to carry out the following acts, in addition to that set 
forth in clause (2):  
(a) to defend, on behalf of the Government of Nepal, any lawsuit in 
which the Government of Nepal  is a plaintiff or a defendant,  
(b) to monitor, or cause to be monitored, whether any interpretation 
given to a law or any legal principle laid down by the Supreme 
Court in the course of hearing o f lawsuits has been implemented,  
(c) if a complaint is made alleging that any person held in custody 
has not been treated humanely subject to this Constitution or 
such person has not been allowed to meet his or her relative o r 
through his or her legal practitioner or if information of such 
matter is received, to inquire thereinto and give necessary 
directive to the concerned authority to prevent such act.  
(7) The Attorney General may so delegate his or her functions, 
duties an d powers under this Article to his or her subordinate government  
106 
 attorneys as to be exercised and complied with subject to the specified 
conditions.  
(8) In addition to the functions, duties and powers mentioned in this 
Article, other functions, duties and powers of the Attorney General shall be 
pursuant to this Constitution and the Federal  law. 
159. Annual report : (1) The Attorney General shall, every year, submit to the 
President an annual report on the works which he or she has performed 
pursuant to this Constitution and the Federal  law, and the President shall cause 
such report to be laid before the Federal  Parliament through the Prime 
Minister.  
(2) The annual report to be submitted pursuant to clause (1) shall set 
out, inter alia , the number of advices and opinions on constitutional and legal 
matters rendered by him or her throughout the year, and short description of 
such advices and opinions, details of cases institute d as state cases, details of 
defenc e made in lawsuits in whic h the Government of Nepal is a plaintiff or 
defendant, details of reforms to be made in the future in relation to cases to be 
instituted as state cases and information  relating to crime trends.  
160. Chief Attorney : (1) There shall be a Chief Attorney in ev ery State, who shall 
be subordinate to the Attorney General.  
(2) The Chief of State shall,  on recommendation of the concerned 
Chief Minister, appoint the Chief Attorney . The Chief Attorney shall hold 
office during the pleasure of the Chief  Minister.  
(3) A person who is qualified to be appointed as a Judge of High 
Court shall be eligible to be appointed as the Chief Attorney . 
(4) The office of the Chief Attorney shall be vacant in any of the 
following circumstances:   
107 
 (a) if he or she tenders resignation in wr iting to the Chief of State  
through the Chief  Minister,  
(b) if he or she is removed from  office by the Chief of State  on 
recommendation of the Chief  Minister,  
(c) if he or she dies.  
(5) The Chief Attorney shall be the chief legal advisor to the State 
Government. It shall be the duty of the Chief Attorney to give opinions and 
advices on constitutional and legal matters to the State Government and such 
other authorities as the State Government may specify.  
(6) The Office of Attorney General shall manage the employees 
under the Office of Chief Attorney.  
(7) The remuneration and other facilities of the Chief Attorney shall 
be sim ilar to those of a Judge of High Court. The functions, duties and powers 
and o ther conditions of service of the Chief Attorney sha ll be as provided for in  
the State law. 
161. Provisions r elatin g to conditions of service and f acilities : Provisions relating to 
the remuneration, facilities and conditions of service of the government 
attorneys and other employees under the Attorney Gener al shall be as provided  
for in the Federal  Act. 
   
108 
 Part -13 
State Executive  
162. Executive p ower  of State : (1) The executive power of a State  shall, pursuant to 
this Constitution and the State law , be vested in the State Council of Ministers.  
Provided that if a State Executive does not exist because of enforcement 
of Federal  governance, the Chief of State shall exercise the executive power of 
the State  as directed by the Government of Nepal.  
(2) The responsibility for issuing general directives , controlling and 
regulating the governance of the State shall, subject to this Constitution and 
other  laws, lie in the State Council of Ministers.  
(3) All State executive functions shall be performed in the name of 
the State Government.  
(4) The executive power of the State shall be as mentioned in 
Schedule -6, Schedule -7 and Schedule -9 subject to this Constitution.  
Provided that the State Council of Ministers shall exercise the executive 
powers in coordination with the Government of Nepal, except as explicitly 
mentioned in this Constitution and in the Federal  law in relation to concurrent 
powers of the Federation  and the State.  
(5) Any decision or order to be issued in the name of the State 
Government pursuant to clause (3) and other instruments of authorization 
pertaining thereto shall be authenticated as provided for in the State  law. 
163. Provisions r elating to Chi ef of State : (1) There shall be a Chief of State in each 
State, as a representative of the Government of Nepal.  
(2) The President shall  appoint one Chief of State for each State.   
109 
 (3) The term of office of a Chief of State shall be five years except 
where the President removes him or her from  office prior to the expiration of 
his or her term of office.  
(4) A person may not be the Chief of State  for more than once in the 
same State.  
164. Qualification for Chief of State : A person who has the following qualification 
shall be  qualified to become the Chief of  State : 
(a) being qualified for being  a member of the Federal  Parliament,  
(b) having completed the age of thirty  five years, and  
(c)   Not being disqualified by any law.  
165. Vacation of o ffice of Chie f of State : (1) The office of the Chief of State shall 
become vacant in any of the following circumstances:  
(a) if he or she tenders res ignation in writing to the President,  
(b) if his or her term of office expires and he or she is removed from  
office by t he President prior to expiration of the term,   
(c) if he or she dies.  
(2) If the office of the Chief of State of any State falls vacant, the 
President may  so designate the Chief of State of another State  to act as such 
also for such State.  
166. Functions, duties and p owers of Chief of State : (1) The Chief of State shall 
exercise such powers and perform such duties as conferred to him or her 
pursuant to this Constitution or  law. 
 (2)  In exercising the powers o r duties under clause (1), the Chief of 
State  shall perform all other functions to be performed by him or her on 
recommendation and with the consent of the State Council of Ministers than 
those functions specifically provided to be performed on recommendation of  
110 
 any body or official pursuant to  this Con stitution or  law. Such recommendation 
and consent shall be submitted through the Chief Minister.  
(3) Any decision or order to be issued in the name of the Chief of 
State under clause (2) and other instrument of authorization pertaining thereto 
shall  be aut henticated as provided for in  the State  law. 
167. Oath by Chief of State : The Chief of State shall , prior to assuming office,  take 
an oath of office and secrecy before the President , as provided for in the 
Federal  law. 
168. Constitution of State Council of  Ministers : (1) The Chief of State  shall appoint 
the leader of the parliamentary party commanding a majority in the State 
Assembly as the Chief  Minister, and the State Council of Ministers shall be 
constituted under his or her chairpersonship.  
(2) In cases  where no party has a clear majority in the State 
Assembly  under clause (1), the Chief of State  shall appoint as the Chief  
Minister a member of the State Assembly who can command majority with the 
support of two or more parties representing to the State As sembly . 
(3) In cases where the Chief  Minister cannot be appointed under 
clause (2) no later than thirty days after the date of declaration of the final 
results of election to the State Assembly or the Chief  Minister so appointed 
fails to secure a vote of confidence under clause (4), the Chief of State  shall 
appoint as the Chief  Minister the parliamentary party leader of the party which 
has the highest number of members in the State Assembly . 
(4) The Chief  Minister appointed under clause (2) or (3) shall obtain 
a vote of confidence from the State Assembly no later than thirty days after the 
date of such appointment.  
(5) In cases where the Chief  Minister appointed under clause (3) 
fails to obtain a vote of conf idence under clause (4) and any member under  
111 
 clause (2) presents a ground on which he or she can obtain a vote of confidence 
in the State Assembly , the Chief of State  shall appoint such a member as the 
Chief  Minister.  
(6) The Chief  Minister appointed under  clause (5) must obtain a vote 
of confidence under clause (4).  
(7) In cases where the Chief Minister appointed under clause (5) 
fails to obtain a vote of confidence or the Chief  Minister cannot be appointed, 
the Chief of State  shall, on recommendation of t he Chief  Minister, dissolve the 
State Assembly  and appoint a date of election so that the election to another 
State Assembly  is completed  within six months.  
(8) Procedures on the appointment of the Chief  Minister under this 
Article must be completed no lat er than thirty five days after the date of 
declaration of the final results of election to the State Assembly  held under this 
Constitution or the date on which the office of the Chief  Minister has fallen 
vacant.  
(9) The Chief of State shall, on recommendation of the Chief  
Minister, constitute the State Council of Ministers consisting of a maximum of 
twenty percent of the total number of members of the State Assembly, 
including the Chief  Minister, in accordan ce with the inclusive princip le, from 
amongst the members of the State Assembly . 
Explanation : For the purposes of this Article, "Minister" means a 
Minister, Minister of State and Assistant Minister.  
(10)   The Chief  Minister and Ministers shall be collectively 
responsible to State Ass embly , and the Ministers shall be individually 
responsible for the work of their respective Ministries to the Chief Minister and 
the State Assembly .  
112 
 169. Vacation of o ffice of Chief  Minister and Minister : (1) The office of the Chief 
Minister shall be vacant in any of the following circumstances:  
(a) if he or she tenders resignation in writing to the Chief of State ,  
(b) if a vote of no -confidence is passed against him or her under 
Article 188 or a vote of confidence is not passed,  
(c) if he or she ceas es to be a member of the State Assembly , 
(d) if he or she dies.  
(2) The office of a Minister shall be vacant in any of the following 
circumstances:  
(a) if he or she tenders resignation in writing to the Chief  Minister,  
(b) if the Chief  Minister re moves him or her from  office,  
(c) if the office of the Chief  Ministe r falls vacant under sub -clause  
(a), (b) or (c) of clause (1),  
(d) if he or she dies.  
(3) Even though  the office of the Chief  Minister falls vacant under 
clause (1), the same Council of Ministers shall continue to act until another 
State Council of Ministers is constituted.  
Provided that if the Chief  Minister dies, the senior -most Minister shall 
act as the Chief Minister until a  new Chief  Minister is appointed.  
170. Appointment of n on-member of State Assem bly as Minister : (1) 
Notwithstanding anything contained in clause (9) of Article 168 , the Chief of 
State  may, on the recommendation of the Chief  Minister, appoint any person 
who is not a member of the State Assembly  as a Minister.   
113 
 (2) A Minister appointed under clause (1) must obtain membership 
of the State Assembly  within six months from the date of taking an oath by him 
or her.  
(3) In the event of failure to obtain member ship of the State 
Assembly  within the period mentioned in clause (2), he or she shall not be 
eligible to be reappointed to the office of Minister during the term of the then 
State Assembly . 
(4) Notwithstanding anything contained in clause (1), a person who 
has been defeated in the election to the then State Assembly shall be not 
eligible to be appointed to the office of Minister under clause (1) during the 
term of such State Assembly . 
171. Remuneration and o ther Facilities  of Chief Minister and Minister : The 
remuneration and other facilities of the Chief Minister and Ministers shall be as 
provided by a State Act, and until such Act is made, shall be as specified by the 
State Government . 
172. Oath : The Chief  Minister a nd Ministers shall , before assuming their respective 
offices,  take an oath of office and secrecy before the Chief of State , and 
Ministers of State and Assistant Ministers, before the Chief  Minister, as 
provided for in the State  law. 
173. To give i nformation to Chief of State : The Chief  Minister sh all inform the 
Chief of State  about the following matters:  
(a) resolutions of the State Council of Ministers,  
(b) Bills to be introduced in the State Assembly , 
(c) such other necessary information as commanded by the Chief of 
State  on matters set forth in clauses (a) and (b), and  
(d) current general state of affairs of the State.   
114 
 174. Transaction of b usiness of State Government : (1) The allocation and 
transaction of business of the State Government shall be carried out in 
accordance with the rules approved by the State Government . 
(2) No question shall  be raised in any court as to whether or not the 
rules under clause (1) have been observed.  
   
115 
 Part-14 
State  Legislature  
175. State  Legislature : The legislatu re of a State shall be unicameral, which shall be 
called as the State  Assembly . 
176. Composition of State Assembly : (1) Each  State Assembly  shall consist of a 
number of  members, as follows:  
(a) Members in a number that is twice a s many as the number of 
members elected to the House of Representatives from the 
concerned State, through the first past the post electoral system,  
(b) The number of members to be set under clause (a) shall be 
considered to be sixty percent, and the rest f orty percent 
members to be elected, through the proportional electoral system.  
(2) Election constituencies shall  be set on the ba sis of geography and 
population  as provided for in  the Federal  law, for the election to members 
under sub -clause (a) of clause (1).  
(3) Sixty percent members of the State Assembly shall be elected in 
accordance with the first past the post electoral system and the forty percent 
members in accordance with the proporti onal electoral system.  
(4) Election to the members of the State Assembly under clause (3) 
shall be held through adult suffrage by secret ballots in accordance with law.  
(5) Each citizen of Nepal  who resides within the territory of the State 
and who has com pleted the age of eighteen years shall have a right to vote in 
any one election consti tuency in accordance with law. 
(6) The Federal  law shall provide that, in fielding candidacy by 
political parties for the election to the State Assembly  under the proport ional 
electoral system, representation shall  be ensured on the basis of a closed list  
116 
 also from women, Dalit , indigenous , indigenous  nationalities , Khas Arya , 
Madhesi , Tharu , Muslims and backward regions,  minority communities,  on the 
basis of popul ation. I n so fielding candidacy , regar d shall also be had to 
geographical  balance  of the concerned State . 
Explanation : For the purposes of this clause, " Khas Arya " means 
Kshetri, Brahmin , Thakuri , Sanyasi  (Dashnami ) community.     
(7) In fi elding candidacy under clause (6 ), political parties must 
provide for representation of the persons with disabilities as well.  
(8) If the seat of a member of the State Assembly falls vacant while 
its term still remains for more than six months, the vacancy shall be filled 
throug h the same electoral system as through which such seat was filled in.  
(9) Notwithstanding anything contained elsewhere in this Article, at 
least one third of the total number of members elected from each political party 
representing in the State Assembly m ust be women. If women are not so 
elected as to constitute one third of the elected members of any political party 
under sub -clause (a) of clause (1), such political party must, in electing 
members un der sub -clause (b) of that clause , so elect that women m embers 
constitute at least one third of the total number of members electe d to the State 
Assembly from that  party.   
 (10) A person who is qualified under Article 178 and entitled to vote 
in an election to the members of the State Assembly may, subject to law, be a 
candidate in any election constituency  of the State . 
Provided that a person shall  not be a candidate in more than one election 
constituencies at the same time.  
 (11) Other provisions relating  to election to the State Assembly  shall 
be as provided  for in  the Federal  law.  
117 
 177. Term of State Assembly : (1) Unless dissolved earlier pursuant to this 
Constitution, the term of the State Assembly shall be five years.  
(2) Notwithstanding anything contained in clause (1), the term of the 
State Assembly  may be extended by a State  Act for a period not exceeding one 
year in cases where a proclamation or order of a state of emergency is in effect.  
(3) The term of the State Assembly  extended under clause (2) shall 
ipso facto  be terminated after the expiry of  six months from the date of 
voidance of the proclamation or order of the state of emergency  in the 
concerned State . 
178. Qualification for m ember  of State Assembly : (1) A person who has the 
following qualification shall be qualified to become a member of the State 
Assembly : 
(a) being a citizen of Nepal,  
(b) being a voter of the concerned State,  
(c) having completed the age of twenty five years ,  
(d) not having been convicted of a criminal offense involving moral 
turpitude,  
(e) not being disqualified by any law, and 
(f) not holding any office of profit.  
Explanation : For the purposes  of this clause, "office of profit" mean s 
any position, other than a political position which is to be filled by election or 
nomination, for which a remu neration or economic benefit is paid out of a 
government fund.  
(2) If a person who holds a political office to be filled by way of 
election, nomination or appointment is elected as a member of the State  
118 
 Assembly  under this Part, his or her such office shal l ipso facto  be vacant with 
effect from the day on which he or she takes an oath of such office . 
179. Oath  of member of State Assembly : Every member of the State Assembly  
must , before taking part for the first time in the meeting  of the Assembly  or any 
of its committees, take an oath as provided for in the State  law. 
180. Vacation of seat of m ember of State Assembly : The seat of a member of the 
State Assembly  shall become vacant in any of the following circumstances:  
(a) if he or she tenders resi gnation in writing before the Speaker of 
the State Assembly , 
(b) if he or she is no longer qualified or ceases to possess th e 
qualification under Article 178 , 
(c) if the term of the State Assembly  expires  or it is dissolved , 
(d) if he or she absents himself or herself from ten consecutive 
meetings, without giving notice to the State Assembly , 
(e) if the political party of which he or she was a member when 
elected provides a notification as provided  for in the Federal law 
that he or she has defected from the party,  
(f) If he or she dies.  
181. Decision as to disqualification of m ember : If a question arises as to whether 
any member of the State Assembly  is disqualified or has ceased to possess any 
of the qualification s under Art icle 178 , the Constitutional Bench of the 
Supreme Court shall make the final decision of such question.  
182. Speaker and Deputy Speaker of State Assembly : (1) The members of the State 
Assembly  shall, not later than fifteen days of the date of holding of the first 
meeting  of the State Assembly , elect a State Speaker and a Deputy State 
Speaker from amongst themselves.   
119 
 (2) Election under clause (1) shall be so held that there is one woman 
out of t he State Speaker and the Deputy State Speaker, and the State Speaker 
and the Deputy State Speaker of the State Assembly  shall be representatives 
from different parties.  
Provided that if there is no representation of more than one party in the  
State Assembl y or no candidacy is filed by more than one party despite 
representation, nothing shall prevent the members of the same party from being 
the State Speaker and the Deputy State Speaker of the State Assembly .    
(3) If the office of the State Speaker or the Deputy State Speaker 
falls vacant, the members of the State Assembly  shall fill the vacancy through 
election to the State Speaker or the Deputy State Speaker from amongst 
themselves.  
(4) The Deputy State Speaker shall, in the absence of the State 
Speaker o f the State Assembly , chair the State Assembly . 
(5) If the election to the State Speaker and the Deputy State Speaker 
has not taken place, or if both the positions have become vacant, the attending 
member who is by age the senior -most shall chair the meeti ng of the State 
Assembly . 
(6) The office of the State Speaker or the Deputy State Speaker of 
the State Assembly  shall become vacant in any of the following circumstances:  
(a) if he or she ceases to be a member  of the State Assembly , 
Provided that, in the event of the dissolution of the State 
Assembly , the State Speaker and the Deputy State Speaker of the State 
Assembly  holding their respective offices shall continue in office until 
the previous day of the filing of nominations for ano ther election to the 
State Assembly , 
(b) if he or she resigns in writing,   
120 
 (c) if a resolution is passed by a majority of two -thirds of th e total 
number of the then  members of the State Assembly  to the effect 
that his or her conduct is not compat ible with his or her office.  
(7) The State Deputy Speaker shall preside over a meeting at which 
deliberation s are to be held on a motion  that the conduct of the Speaker of the 
State Assembly  is not compatible with his or her office. The State Speaker 
shall be entitl ed to take part and vote  in the deliberations on such mo tion. 
183. Summoning and prorogation of s ession  of State Assembly : (1) The Chief of 
State shall summon a session of the State Assembly  within twenty  days of the 
declaration of final results of the election to the State Assembly . Thereafter, the 
Chief of State  shall, from time to time, summon other sessions pursuant to this 
Constitution.  
Provided that the interval between the two consecutive sessions shall 
not exceed  six months.  
(2) The Chief of Stat e may prorogue the sessions of the State 
Assembly . 
(3) If, during the prorogation or recess of the session of the State 
Assembly , one -fourth of the total number of its members make  a petition that it 
is expedient  to convene a session or meeting, the Chief of State  shall specify 
the date and time for such session or meeting. The State Assembly  shall meet 
or commence its session at the date and time so specified.  
184. Address by Chief of State : (1) The Chief of State may address a sitting of the 
State Assembl y, and summon the members for that purpose.  
(2) The Chief of State shall address the first session after an election 
to the State Assembly and a sitting of the State Assembly after the 
commencement of the first session of each year.   
121 
 185. Quorum  of State Assembly : Except as otherwise provided for in this 
Constitution, no question or motion  shall be presented for decision in the State 
Assembly  unless one -fourth of the total number of its members are present.  
186. Voting in State Assembly : All ques tions submitted for decision in the State 
Assembly shall be decided by a majority vote of the members present and 
participate in voting. The member chairing the meeting shall not have the right 
to vote.  
Provided that he or she may exercise his or her casti ng vote in the case 
of a tie.  
187. Privileges of State Assembly : (1) There shall be full freedom of speech in the 
State Assembly, subject to this Constitution , and no member shall be arrested, 
detained or prosecuted in any court for anything expressed or any vote cast by 
him or her in the State Assembly . 
(2) The State Assembly  shall, subject to this Constitution, have full 
power to regulate and decide its intern al business, and it shall be the exclusive 
right of the State Assembly  to decide whether or not any of its proceedings is 
regular or irregular. No question shall be raised in any court in this behalf.  
(3) No comment shall be made about the good faith conce rning any 
proceeding of the State Assembly , and no publication and broadcasting of any 
kind shall be made about anything said by any member, intentionally distorting 
or misinterpreting the meaning of the speech.  
(4) The provisions of clauses (1) and (3) sh all also apply to other 
persons who are entitled to participate in the meetings of the State Assembly  
than the members of State Assembly . 
(5)  No proceedings shall be initiated in any court against any person 
in respect of the publication, un der the author ity granted by  the State 
Assembly , of any document, report, vote or proceeding.   
122 
 Explanation:  For the purposes of this clause and clauses (1), (2), (3) and 
(4), "State Assembly" means and includes the meeting of a committee of the 
State Assembly.  
(6) No mem ber of the State Assembly may be arrested during the 
period from the issuance of a notice summoning the session to its prorogation.  
Provided that nothing in this clause shall be deemed to prevent the arrest 
under the law of any member on a criminal charge.  If any member is so 
arrested, the authority making such arrest shall forthwith give information 
thereof to the person presiding over the State Assembly.  
(7) Any breach of the privileges shall be deemed to constitute 
contempt of the State Assembly , and the  State Assembly  shall have the 
exclusive right to decide whether any breach of its privileges has taken place.  
(8) If any person is in contempt of the State Assembly , the person 
presiding over the State Assembly  may, after a decision by the State Assembly 
to that effect, admonish, warn or impose a sentence of imprisonment for a term 
not exceeding three months or of a fine not exceeding ten thousand rupees on 
such person, and such fine shall be recovered as a government due.  
Provided that if such a person su bmits an apology to the satisfaction of 
the State Assembly , it may either pardon him or her or remit or commute the 
sentence imposed on him or her.  
(9) Other matters relating to privileges of the State Assembly  shall 
be as provided in the State  law. 
188. Provisions relating to vote of confidence and motion of no -confidence : (1) The 
Chief Minister may, whenever he or she considers necessary or appropriate to 
show that he or she has confidence from the State Assembly, table a resolution 
to that effect in the  State Assembly  for the vote of confidence .  
123 
 (2)  If the political party which the Chief Minister represents is 
divided or a political party  in coalition State G overnment withdraws its 
support, the Chief  Minister shall table a resolution in the State Assembly  for a 
vote of confidence within thirty days.  
(3) If a resolution tabled under clauses (1) and (2) is not passed by a 
majority of the total number of then members of the State Assembly , the Chief  
Minister shall relieve of his or her office.  
(4) One-fourth of the total number of then members of the State 
Assembly  may table in writing a motion of no -confidence against the Chief  
Minister.  
Provided that a motion of no confidence may not be tabled until the first 
two years after the appointment of the Chief Minister and until another one 
year after the date of failure of the motion of no confidence once tabled.  
(5) A motion of no confidence to be tabled under clause (4) shall 
also indicate the name of a member proposed for Chief Minister.  
(6) If a motion  of no confidence tabled under clause (4) is passed by 
a majority of the total number of then members of the State Assembly , the 
Chief Minister shall relieve of his or her office.  
(7) If the office of the Chief  Minister falls vacant because  of the 
passage of a vote of no -confidence under clause (6), the Chief of State  shall , in 
accordance with Article 168,  appoint as the Chief  Minister the member of the 
State Assembly  proposed under clause (5).  
189. Minister, Minister o f State and Assistant Minister entitled to take p art in 
meetings of State Assembly : The Minister, Minister of State and Assistant 
Minister shall be entitled to attend , and take part in the proceedings and 
deliberations of , the State Assembly or its committees.   
124 
 Provided that a Minister, Minister of State or Assistant Minister  who is 
not a member of the State Assembly  shall not be entitled to vote in a meeting 
of the State Assembly or its committee, and a Minister, Minister of State or 
Assistant Minister shall not be entitled to vote in a meeting of a committee of 
which he or she is not a member.  
190. Penalty for u nauthorized presence or v oting in State Assembly : If a person who 
has not taken oath under Article 179 or who is not a member of the State 
Assembly is present or votes in a meetin g of the State Assembly or of its 
committee as a member, the person shall, by order of the person chairing the 
meeting, be fined with a sum of five thousand rupees for each instance of such 
presence or voting, and such a fine shall be recovered as a govern ment due.  
191. Restriction on d iscussion : No discussion shall be held in the State Assembly on 
any matters that may cause adverse effect on the dispensation of justice on any 
cases which are sub judice  in any courts of Nepal and on any judicial acts done 
by Judges in the course of performance of their duties.  
192. Transaction of b usiness in case of vacancy in seat of m ember : The State 
Assembly shall have the power to transact its business notwithstanding any 
vacancy in the seat of its member; and n o proceedings of the State Assembly 
already conducted shall become invalid even if it is subsequently discovered 
that a person who was not so entitled took part in such proceedings.  
193. Power of State Assembly to f orm committees : The State Assembly may, i n 
accordance with its rules,  form committees or special committees, as required, 
in order to manage its  working procedures . 
194. Procedures relating to conduct of b usiness  of State Assembly : The State 
Assembly  shall frame rules to c onduct its business, maintain  order during its 
meetings and regulate the constitution, functions and procedures of , and  other  
125 
 matters relating to, its  committee s. Until such rules are framed, the State 
Assembly shall regulate its procedures on its own.  
195. Secretary and Secre tariat  of State Assembly : (1) The Chief of State  shall 
appoint the Secretary of the State Assembly on recommendation of the Speaker 
of State Assembly.  
  (2) There shall be a Secretariat for conducting and managing the 
business of the State Assembly. The establishment of such Secretariat and 
other matters related thereto shall be as provided for in the State law.  
(3) The qualification, functions, duties, powers  and other conditions 
of service of the Secretary of the State  Assembly shall be as provided for in the 
State  law. 
196. Remuneration : The remuneration and facilities of the Speaker and the Deputy 
Speaker of the State Assembly  shall be as provided  for in the State  law, and as 
specified by the State  Government until such law is made.  
   
126 
 Part-15 
State  Legislative Procedures  
197. Legislative p owers of State Assembly : The legislative powers of the State 
Assembly shall be as contained in lists of Schedule -6, Schedule -7 and 
Schedule -9. 
198. Procedures for introduction of Bills  in State Assembly :  (1) A Bill may, subject 
to this Constitution, be introduced in the State Assembly . 
(2) A Money Bill and a Bill concerning peace and security may be 
introduced only as a Government Bill.  
(3) "Money Bill" mean s a Bill concerning any or all of the following 
subjects:  
(a) the imposition, collection, abolition, remission, alteration 
or regulation of taxes  in the State , 
(b) the preservation of the State  Consolidated Fund or any 
other State  Government Fund, the deposit of moneys into 
and the appropriation or the withdrawal of moneys from 
such Funds, or the reduction, increment or cancellation of 
appropriations or of propos ed expenditures from such 
Funds,  
(c) the regulation of matters relating to the borrowing of 
money or the giving of guarantee by the State 
Government, or any matter pertaining to the amendment 
of the law with respect to any financial obligations 
undertaken or to be undertaken by the State Government , 
(d) the custody and investment of all revenues received by 
any State  Government Fund, moneys acquired through the  
127 
 repayment  of loans, and grant moneys; or audits of the 
accounts of the State Government , or  
(e) other incidental matters directl y related to any of the 
subjects specified in clause (a), (b), (c) or (d).  
Provided that any Bill shall not be deemed to be a Money Bill by the 
reason only that it provides for the levying of any charges  or fees such as 
license fee, application fee, renewa l fee or for the imposition of fines or 
penalty of imprisonment.   
(4) If any question arises whether a Bill is a Money Bill or not, the 
decision of the Speaker  of State Assembly  thereon shall be final.  
199. Procedures for p assage of Bills : (1) A Bill passe d by the State Assembly shall 
be presented to the Chief of State  for assent . 
(2)  If a session of the State Assembly  terminates while a Bill is 
under consideration, deliberations on the Bill may continue at the succeeding 
session.  
Provided that  if the State Assembly is dissolved or its term expires when 
any Bill is under its consideration, such a Bill shall lapse . 
200. Withdrawal of Bills : A member who has introduced a Bill may, with the 
approval of the State Assembly , withdraw the Bill.  
201. Assent on Bills : (1) A Bill which is to be presented to the Chief of State  for 
assent under Article 199  shall be so presented by the Speaker of State 
Assembly  after it has been certified by him or her.  
Provided that in the case of a Money Bill, the Speaker of State 
Assembly shall so certify.   
128 
 (2) A Bill presented to the Chief of State for his or her assent shall be 
assented to within fifteen days, and the State Assembly  shall be informed 
thereof as soon as possible.  
(3) Except for a Money Bill, if the Chief of State  is of the opinion 
that any Bill needs further deliberations, he or she may send back the Bill with 
his or her message to the State Assembly within fifteen  days from the  date of 
presentation of the Bill to him or her.  
(4) If any Bill is sent back with his or her message by the Chief of 
State under clause (3) , it shall be reconsidered by the State Assembly  and if the 
Bill so reconsidered is again passed as it was or with amendments, and is again 
presented to him or her, the Chief of State  shall give  assent to that Bill within 
fifteen days of such presentation.  
(5) A Bill shall become an Act after the Chief of State  gives assent to 
it. 
202. Ordinance : (1) If, at any time, except when the State Assembly is  in session , a 
circumstance  exist s which render s it necessary to take immediate action, the 
Chief of State  may, on the recommendation of the State Council of Ministers, 
promulgate an Ordinance.  
(2) An Ordinance promulgated under clause (1) shall have the same 
force and effect as an Act.  
Provided that every such Ordinance:  
(a) shall be tabled at the session of the State Assembly held 
after the promulgation, and if not passed by the State 
Assembly , it shall ipso facto cease to be effective,  
(b) may be repealed at any time by the Chief of State , and   
129 
 (c) shall, unless rendered ineffective or repealed under sub -
clause (a) or (b), ipso facto  cease to be effective at the 
expiration of sixty days after the day on which a meeting 
of the State Assembly  is held.  
   
130 
 Part -16 
State Financial Procedure s 
203. No tax t o be levied or loan to be raised :  (1) No tax shall be levied and 
collected in a State except in accordance with law.  
(2) No loan shall be raised and guarantee given by the State 
Governme nt except as provided for in the Federal law . 
204. State Consolidated  Fund : Except for the revenues of trusts ( Guthi ), all revenues 
received by the State Government, all loans raised on the security of revenues, 
all moneys received in repayment of any loans made under the authority of any 
State Act and any mounts of grants or loans received from the Government of 
Nepal shall, except as otherwise provided for in the State  Act, be credited to a 
State Government Fund to be known as the State  Consolidated Fund.  
205. Expenditures from State Consolidated Fund or State Government F und: No 
expenditure shall be incurred out of the State  Consolidated Fund or any other 
State Government Fund except the following:  
(a) moneys charged on the State  Consolidated Fund,  
(b) moneys required to meet the expenditure under an Appropriation 
Act, 
(c) advance moneys authorized by a n Act required to meet 
expenditures, when an Appropriation Bill is under consideration, 
or  
(d) expenditures to be incurred in extraordin ary circumstances under 
a V ote of Credit Act which contains only a description of 
expend itures.  
Provided that matters relating to the State  Contingency Fund 
shall be in accordance with  Article 212 .  
131 
 206. Expenditures c hargeable on State  Consolidated Fund :  The expenditures 
relating to the following matters shall be charged on the State  Consolidated 
Fund, and approval of the State  Assembly shall not be required for such 
expenditures:  
(a) the amount required as remuneration and  facilities payable to the 
State Speaker and the State Deputy Speaker,  
(b) the amount required as remuneration and facilities payable to the 
Chairperson and m embers of the State Public Service 
Commission,  
(c) all charges relating to debts for which the State Government is 
liable,  
(d) any sum required to satisfy any judgment or decree made by a 
court against the State Government , and  
(e) any other sum specified  by a State  law to be chargeable on the 
State  Consolidated Fund.  
207. Estimates of revenues and expenditures : (1) The State Minister for Finance 
shall, in respect of every financial year, lay before the State A ssembly  an 
annual estimate setting out, inter alia , the following matters:  
(a) an estimate of revenues,  
(b) the moneys required to meet the charges on the State 
Consolidated Fund, and  
(c) the moneys required to meet the expenditure to be provided for 
by a State  Appropriation Act.  
(2) The annual estimate to be laid pursuant to clause (1) shall also be 
accompanied by a statement of the expenses allocated to every Ministry in the  
132 
 previous financial year and particulars of whether the objectives of the 
expenses  have been achieved.  
208. State Appropriation Act : The moneys required to meet the expenditure to be 
provided for by any  State  Appropriation Act shall be specified under 
appropriate heads in an Appropriation Bill.  
209. Supplementary e stimates : (1) The State Minister for Finance may lay before 
the State Assembly  a supplementary estimate if it is found in any financial 
year, - 
(a) that the sum authorized to be spent for a particular service by the 
State Appropriation Act for the current financial year is 
insuf ficient, or that a need has arisen for expenditures upon some 
new service not provided for in the State Appropriation Act for 
that year, or  
(b) that the expenditures made during that financial year are in 
excess of the amount authorized by the State Approp riation Act.  
(2) The sums included in the supplementary estimates shall be 
specified under the heads in a Supplementary Appropriation Bill.  
210. V otes on Account : (1) Notwithstanding anything contained elsewhere in this 
Part, a portion of the expenditure estimated for the financial year may, w hen a  
State Appropriation Bill is under consideration, be incurred in advance under a 
State  Act. 
(2) A V ote on Account Bill shall not be introduced until the estimates 
of revenues and expenditures have been lai d in ac cordance with Article 207 , 
and the sums involved in the V ote on Account shall not exceed one -third of the 
estimate of expenditures for the financial year.  
(3) The expenditures incurred in accordance with the State  V ote on 
Account Act shall be included in the State Appropriation Bill.   
133 
 211. V otes of Credit : Notwithstanding anything contained elsewhere in this Part, if 
owing to an emergency due  to natural causes or other reasons, it appears to be 
impractical or inexpe dient in view of the security or interest of the State  to 
specify the details required under clause (1) of Article 207 , the State Minister 
for Finance may lay before the State Assembly  a V ote of Credit Bill giving 
only a statement of expenditures.  
212. State Contingency Fund : (1) A State  Act may create a Fund to be known as the 
State Contingency Fund into which shall be paid from time to time such 
moneys as may be determined by the State  Act.  
(2) The Fund under clause (1) shall be under the control of the State 
Government.  Any unforeseen expenditure may be met out of such Fund by the 
State Government . 
 (3) The amount of the exp enditure under clause (2)  shall be 
reimbursed as soon as possible by the State  Act. 
213. Act r elating to financial p rocedures : Matters relating to the transfer of moneys 
appropriated by the State Act from one head to another and other financial 
procedures shall be as provided for in the  State  Act. 
   
134 
 Part-17 
Local Executive  
214. Executive p ower of Local Level : (1) The executive p ower of the Local Level 
shall, pursuant to this Constitution and the Federal  law, be vested in the Village 
Executive or the Municipal Executive.  
(2) The local executive power shall be as mentioned in Schedule -8 
and Schedule -9. 
(3) The responsibility for is suing general directives, controlling an d 
regulating the governance of the Village Body and the Municipal ity shall, 
subject to this Constitution and other  laws, lie in the Village Executive and the 
Municipal Executive.  
(4) The e xecutive functions of the Village Body and the Municipality 
shall be performed in the name of the Village Executive and the Municipal 
Executive.  
(5) Any decision or order to be issued in the name of the Village 
Executive and the Municipal Executive pursuant to clause (4 ) and other 
instruments of authorization pertaining  thereto shall be authenticated as 
provided for in the  Local  law. 
215. Provisions r elating to Chairperson and Vice -Chairperson of Village Executive:  
(1) There shall be a Chairperson of Village Executive in eac h Village Body . 
The Village Executive shall be formed under his or her chairpersonship.  
  (2) The Village Executive under clause (1) shall consist of one Vice -
Chairperson, Ward Chairperson elected from each Ward and members elected 
pursuant to clause (4).  
(3) The Chairperson and the Vice -Chairperson shall be elected by the 
voters residing within the concerned Village Body area by secret ballots on the  
135 
 basis of one person one vote, in accordance with the first past the post electoral 
system.  
Explanation : For  the purp oses of this Article, "Chairperson"  and "Vice -
Chairperson" mean the Chairperson and the Vice -Chairperson of the Village 
Executive.  
(4) The members of the Village Executive shall also include  four 
women members elected by the members of the Village  Assembly  from 
amongst themselves and two members elected by the Village Assembly  from 
the Dalit  or minority communit ies, in possession of the qualification under 
clause (5), no later than fifteen days after the final results of the election to the 
Village  Assembly  under Article 222.  
(5) A person who has the following  qualification shall be qualified to 
be elected to the office of the Chairperson, Vice -Chairperson, Ward 
Chairperson  and m ember : 
(a) being a citizen of Nepal,  
(b) having  completed the age of twenty one years,  
(c) being a voter  whose name is included in the electo ral rolls 
of the Village Body ,  
(d)  not being disqualified by any  law. 
(6) The term of office of the Chairperson, Vice -Chairperson, Ward 
Chairperson  and m ember shall be five years after the date of being elected.  
(7) A person who has been elected as the Chairperson for two terms 
shall not be eligible to be a candidate in an election to t he Village Body . 
(8) The office of the Chairperson, Vice -Chairperson, Ward 
Chairperson  or m ember shall become vacant in any of the following 
circumstances:   
136 
 (a) if the Chairperson tenders resignation in writing to the 
Vice-Chairperson, and if the Vice -Chairperson tenders 
resignation before the Chairperson,  
(b) if his or her term o f office expires,  
(c) if he or she dies.  
(9) If the seat falls vacant under clause (7) while the term of office of 
the Chairperson or Vice -Chairperson  still remains for more than one year , the 
vacancy shall be filled through by -election for the remainder o f term . 
216. Provisions r elating to Mayor and Deputy Mayor of Municipal Executive:  (1) 
Each Municipality shall have a Mayor . The Municipal  Executive shall be 
formed under his or her chairpersonship.  
  (2) The Municipal  Executive under clause (1) shall consist of one 
Deputy Mayor , Ward Chairper son elected from each Ward and m embers 
elected pursuant to clause (4).  
(3) The Mayor and the Deputy Mayor  shall be elected by the voters 
residing within the concerned Municipal  area by secret ballots on the basis of 
one person one vote, in accordance with the first past the post electoral system.  
Explanation : For the purp oses of this Article, "Mayor " and " Deputy Mayor " 
mean the Mayor and the Deputy Mayor  of the Municipal  Executive.  
(4) The m embers of the Municipal  Executive shall also include five 
women members elected by the members of the Municipal  Assembly from 
amongst themselves and t hree members elected by the Municipal  Assembly 
from the Dalit  or minority communities, in possession of the qualification 
under clause (5), no later than fifteen days after the final results of the election 
to the Municipal Assembly  under Article 223 .  
137 
 (5) A person who has the following qualification shall be qualifi ed to 
be elected to the office of the Mayor , Deputy Mayor , Ward Chairperson  and 
member:  
(a) being a citizen of Nepal,  
(b) having completed the age of twenty one years,  
(c) being a voter whose name is included in the electoral rolls 
of the Municipality ,  
(d)  not being disqualified by any law.  
(6) The term of office of the Mayor , Deputy Mayor , Ward 
Chairperson and m ember shall be five years after the date of being elected.  
(7) A person who has been elected as the Mayor  for two terms shall 
not be eligible to  be a candidate in an election to the Municipality . 
(8) The office of the Mayor , Deputy Mayor,  Ward Chairperson  or 
Member shall become vacant in any of the following circumstances:  
(a) if the Mayor  tende rs resignation in writing to  the Deputy 
Mayor , and if the Deputy Mayor  tenders resignation  in 
writing  before the  Mayor , 
(b) if his or her term of office expires,  
(c) if he or she dies.  
(9) If the seat falls vacant under clause (8 ) while the term of office of 
the Mayor or Deputy Mayor  still remains fo r more than one year, the vacancy 
shall be filled through by -election for the remainder of term.  
217. Judicial Committee : (1) There shall be a three -member judicial committee to 
be coordinated by its Vice -Chairperson in the case of a Village Body  and by its 
Deputy Mayor in  the case of a Municipality , in order to settle disputes under 
their respective jurisdictions in accordance with law.   
138 
   (2) The judicial committee under clause (1) shall consist of two 
members elected by th e members of the Villag e Assembly  or the Municipal 
Assembly  from amongst themselves.  
218. Conduct of business of Village Executive  and Municipal Executive : Allocation 
and conduct of business of the Village Executive and the Municipal Executive 
shall be carried out in accordance with the rules approved by the Village 
Executive  and the Municipal Executive , respectively.  
219. Other provisions r elating to Local Level Executive : Other provisions relating 
to the Local Level Executive, except those contained in this Part, shall be as 
provided  for in the Federal  law, subject to this Constitution.  
220. District Assembly and District Coordination Committee : (1) There shall be a 
District Assembly to make coordinat ion between the Village Bodies  and 
Municipal ities within the district.  
  (2) The District Assembly shall consist of Chairpersons and Vice -
Chairpersons of Village Executives, and Mayors and Deputy Mayors of 
Municipal Executives within the district. The first meeting of the District 
Assembly shall be held no later than thirty days of  the date of final results of 
the election to the Village Assemblies  and the Municipal Assemblies .  
  (3) The District Assembly shall elect the District Coordination 
Committee consisting of a maximum of nine Members including one C hief, 
one Deputy Chief , at least three women and at least one Dalit  or minority.  The 
District Coordination Committee shall discharge all functions require d to be 
discharged by the District Assembly.   
  (4) A Member of a Village Assembly  or Municipal Assembly  within 
the concerned d istrict shall be eligible to be a candidate for the office of Chief, 
Deputy Chief  or Member of the District Coordination Committee. If elected to 
the office of Chief, Deputy Chief or Member of the District Coordination  
139 
 Committee, his or her office of Membe r of Village Assembly  or of Municipal 
Assembly  shall ipso facto  lapse.  
  (5) The term of office of the Ch ief, Deputy Chief and m ember of the 
District Coordination Committee shall be five years after the date of being 
elected.  
  (6) The office of the Chief , Deputy Chief and m ember of the District 
Coordination Committee shall become vacant in any of the following 
circumstances:  
(a) if the Chief tenders resignation in writing before the 
Deputy Chi ef, and if the Deputy Chief or m ember tenders 
resignation in writing before the Chief,  
(b) if his or her term of office expires,  
(c) if he or she dies.  
  (7) The functions, duties and powers of the District Assembly shall 
be as follows:  
(a) to make coordination between the Village Bodies  and 
Municipal ities within th e district,  
(b) to monitor development and construction works to make balance 
of such works,  
(c) to make coordination between the Federal  and the State 
Government offices and Village Bodies  and Municipal ities in the 
district,  
(d) to perform other functions as provided for in the State l aw.  
(8)  Provisions relating to the conduct of the District Assembly, 
facilities of Members of the District Coordination Committee and other matters 
relating to the District Assembly shall be as provi ded for in  the State l aw.  
140 
 Part-18 
Local Legislature  
221. Legislative p owers of Local Level : (1) The legislative powers of the Local 
Level shall be vested in the Village Assembly and the Municipal Assembly , 
subject to this Constitution . 
  (2) The legislative powers of the Village Assembly and the 
Municipal Assembly shall be as mention ed in the lists contained in Schedule -8 
and Schedule -9. 
222. Composition of Village Assembly : (1) Each Village Body  shall have a Village 
Assembly.  
(2) A Village Assemb ly under clause (1) shall consist of the 
Chairperson and Vice -Chairperson of the Village Executiv e, Ward 
Chairpersons, and four m embers elected from each ward and Members of the 
Village Executive elected from Dalit  and minority communities pursuant to 
clause (4) of Article 215.  
(3) A Village Assembly  to be formed under clause (1)  shall have 
representation of at least two women f rom each ward.  
(4) Each ward of a Village Body  under the Federal l aw shall have a  
Ward Committee composed of the Ward Chairperson and four m embers. Such 
Ward Chairperson and Ward m embers shall be elected in accordance with the 
first past the post electoral system.  
(5) Every person who has completed the age of eighteen years and 
whose name is included in the electo ral rolls of the Vil lage Body  shall have a 
right to vote as provided  for in the Federal  law. 
(6) A person who has the following qualification shall be qualified to 
become a candidate for the office of the Member of the Village Assembly:   
141 
 (a) being a citizen of Nepal,  
(b) having completed the age of twenty one years,  
(c) being his or her name included in the electo ral rolls of the 
Village Body , and  
(d)  not being disqualified by any law.  
(7) Matters  relating to  the election to the Village Assembly  and other 
matters pertaining th ereto shall be as provided for in the Federal l aw. 
223. Composition of Municipal Assembly : (1) Each Municipality shall have a 
Municipal Assembly.  
(2) A Municipal Assembly  under clause (1) shall consist of the 
Mayor  and the Deputy Mayor of the Municipal  Executiv e, Ward Chairpersons, 
and four m embers elected from each Ward and m embers of the Municipal  
Executive elected from Dalit  or minority communities pursuant to clause (4) of 
Article 21 6. 
(3) A Municipal  Assembly  to be formed under clause (1) shall have 
representation of at least two women f rom each W ard. 
(4) Each ward of a Municipality  shall have a Ward Committee 
composed of one  Ward Chairperson and four m embers  as provided for in  the 
Federal law . Such Ward Chair person and Ward m embers shall be elected in 
accordance with the first past the post electoral system.  
(5) Every person who has completed the age of eighteen years and 
whose name is included in the electoral rolls of the Municipality  shall have a 
right to v ote as provided for in the Federal l aw. 
(6) A person who has the following qualification shall be qualified to 
be a candidate for the office of m ember of the Municipal  Assembly:  
(a) being a citizen of Nepal,   
142 
 (b) having  completed the age of twenty one years,  
(c) being his or her name included in the electoral rolls of the 
Municipality , and  
(d)  not being disqualified by any law.  
(7) Matters  relating to the election to the Municipal Assembly and 
other matters pertaining  thereto shall be as provided for in  the Federal l aw. 
224. Chairperson and Vice -Chairperson of Village Assembly and Municipal 
Assembly : The Chairperson and Vice -Chairperson of a Village Executive and 
the Mayor and Deputy Mayor of a Municipal Executive shall ipso facto  be the 
Chairperson and Vice -Chairperson of the Village Assembly and the Municipal 
Assembly, respectively, and perform functions as such.  
225. Term of Village  Assembly  and Municipal Assembly : The term of a Village 
Assembly and of a Municipal Assembly shall be five years for the date of 
election. Another Village Assembly and Municipal Assembly shall be elected 
not later than six months of the expiration of such a term.  
226. Powers to make l aw: (1) A Village Assembly and a Municipal Assembly may  
make necessary laws on the matters set forth in the Lists contained in 
Schedule -8 and Schedule -9. 
  (2) The process for making laws under clause (1) shall be as 
provided for in  the State Law.   
227. Other provisions relating t o Village Assembly and Municip al Assembly : Other 
matters relating to the conduct of business of a Village Assembly and 
Municipal Assembly, rules of procedures of meetings, formation of 
committees, con ditions in which the office of m ember falls va cant, facilities 
receivable by m embers o f the Village Assembly and Municipal Assembly and 
employees an d offices of the Village  Body and Municipality shall be as 
provided for in  the State l aw.  
143 
 Part-19 
Local Financial Procedure s 
228. No tax to be levied or loan to be r aised : (1) No tax shall be levied and collected 
and no loan raised in  the Local l evel except in accordance with law.  
(2) The Local l evel may levy tax by law on matters falling within its 
domain  without  prejudice  to national economic policies,  carriage of goods and 
services, capital and labo ur market, a nd the neighbouring State or Local l evel.  
229. Local  Consolidated Fund :  (1) Each Village Body  and Municipality under the 
Local Level shall have one Local Consolidate Fund. A ll revenues received by 
the Village Body  or Municipality , any amounts of grants received from the 
Government of Nepal and the State Government, all loans raised by the Village 
Body  and Municipality , and amounts received from other sources shall be 
credited to such a Fund.  
  (2) Matters relating to expenditures from the Local Consolidated 
Fund under clause (1) shall be as provided for in  the L ocal law.  
230. Estimates of revenues and e xpenditures  of Village Body  and Municipality : (1) 
The Village Executive and the Municipal Executive sh all, subject to this 
Constitution, lay an estimate of revenues and expenditures of every financial 
year before, and have the estimate pa ssed by, the Village Assembly and the  
Municipal Assembly , respectively , as provided for in the Local law.  
  (2) If, in laying an estimate of revenues and expenditures under 
clause (1), the Village Executive or Municipal Executive  is required to make a 
deficit budget, it must purpose also the sources to meet the deficit as provided 
for in the Federal l aw and the State l aw. 
   
144 
 Part-20 
Interrelations between Federation , State and Local Level  
231. Legislative i nterrelations between Federation  and States : (1) The Federal  Law 
may be made to be applicable to the whole of, or, if required, to any part of, the 
territory of Nepal.  
(2) A State law may be made to be applicable to the whole of, or as 
required , to any part of the territory of the State.  
(3) If two or more States make a request to the Government of Nepal 
to make laws on any matter enumerated in Schedule -6, the Federal  Parliament 
may make necessary laws. Suc h laws shall be applicable only to  the concerned 
States.  
232. Relations between Federation , State and Local l evel: (1) Th e relations between 
the Federation, States,  and Local l evel shall be based on the principles of 
cooperation, co-existence and coordination.  
(2) The Government of Nepal may, pursuant to this Constitution and 
the Federal  Law, give necessary directions to any State Council of Ministers on 
matters of national importance and on matters to be coordinated between the 
States, and it shall be the duty of the concerned State Council of Ministers to 
abide by such directions.  
(3) If any such type of act as may seriously undermine the  
sovereignty, territorial integrity, nationality or independence  of Nepal  is carried 
out in an y State,  the President may , as required,  warn such State  Council of 
Ministers , suspend or dissolve the State Council of Ministers and the State 
Assembly for a period not exceeding six months . 
(4) Any suspension or dissolution of any State Council of Minist ers 
and State Assembly m ade pursuant to clause (3 ) must get  ratified by a two - 
145 
 thirds majority of the total number of the then members of the Federal  
Parliament  within thirty five days.  
(5) If dissolution made pursuant to clause (3) is ratified by the 
Federal Parliament, election to the State Assem bly shall be held in such State 
within six months.  
Provided that such suspension or dissolution  shall  ipso facto  be invalid 
if it is not ratified by the Federal  Parliament . 
(6) The Federal  ruling shall  apply t o such State during the period of 
such suspension if the  suspension made pursuant to clause (3)  is ratified 
pursuant to clause (4 ) and until election to the State Assembly is held pursuant 
to clause (5).  
 (7) During the continuance of the Federal  rule, the Federal  
Parliament may make laws with respect to an y matter enumerated in the  List 
contained in Schedule -6. Such laws shall continue to exist until repealed by 
other laws made by the concerned State Assembly.  
(8) The Government of Nepal may,  directly or  through the State  
Government, render necessary assistance to, and give necessary directives to, 
any Village Executive or Municipal Executive, pursuant to  this Constitution 
and the Federal l aw. It shall be the duty of the Village Executive or Munic ipal 
Executive to abide by such directives.  
233. Relations between States : (1) One State shall render assistance in the execution 
of legal provisions or judicial and administrative decisions or orders of another 
State.  
(2) A State may exchange information and consult with another State 
on matters of common concern and interest, coordinate each other on their 
activities and legislations and extend mutual assistance.   
146 
 (3) A State shall , in accordance with its State l aw, provide equal 
security, treatment and facility to residents of another State.  
234. Inter-State Council : (1) There shall be an Inter -State Council  as follows to 
settle political disputes arising between the Federation  and a State and between 
State s: 
(a) Prim e Minister                - Chairperso n 
(b) Minister for Home Affairs of the Government of Nepal     - Member  
(c) Minister for Finance  of the Government of Nepal     - Member  
(d) Chief Ministers of the concerned State s               - Member  
(2) The Inter-State  Council may meet as  required.  
(3) The Inter -State Council may invite to its meeting a  Minister  of 
the Government of Nepal and a Minister of the concerned State  who is 
responsible for the matter of dispute and a concerned exp ert. 
(4) The rules of procedures of the meeting of the Inter -State  Council 
shall be as determined by the Council itself.  
235. Coordination between Federation , State and Local Level : (1) The Federal  
Parliament shall make necessary laws in order to maintain coordination 
between the Federation , State and Local l evel.  
  (2) The State Assembly may maintain  coordination between the 
State and  Village Bodies  or Municipalities and settle political disputes, if any, 
that have arisen, in coordination with the conc erned Village Body , 
Municipality and the District Coordination Committ ee. 
  (3) The processes and procedures for the settlement of disputes 
under clause (2) sha ll be as provided for in the State l aw. 
236. Inter-State trade: Notwithstanding anything contained elsewhere in this 
Constitution,  it is prohibited to make  any kind of obstruction to the carriage of  
147 
 goods or extension of services  by a State or Local level to another State or 
Local l evel or to the carriage of goods or extension of services to any State or 
Local Level or to levy tax, fee or charge thereon or to  make any kind of 
discrimination on the carriage or extension of such services or goods.  
237. Not to affect j urisdiction of Constitutional Bench of Supreme Court : Nothing 
contained in this Part shall affect the jurisdiction of the Constitutional Bench of 
the Supreme Court under Article 13 7. 
   
148 
 Part-21 
Commission for the Investigation of Abuse of Authority  
238. Commission for the Investigation of Abuse of Authority : (1) There  shall be a 
Commission for the Investigation of Abuse of Authority of Nepal, consisting of 
the Chief Commissioner and four other Commissioners. The Chief  
Commissioner shall act as the C hairperson of the Commission for the 
Investigation of Abuse of Authorit y. 
(2) The President shall, on recommendation of the Constitutional 
Council, appoint t he Chief Commissioner and Commissioners.  
(3) The term of office of the Chief Commissioner and 
Commissioners shall be six yea rs from the date of appointment.   
(4) Notwiths tanding anything contained in clause (3), the office of 
the Chief Commissioner or a Commissioner shall be vacant in any of the 
following circumstances:  
(a) if he or she tenders resignation in writing to the President , 
(b) if he or she attains the age of si xty-five years,  
(c) if a motion of impeachment is passed against him or her 
under Article 101,  
(d) if he or she is removed from office by the President on 
recommendation of the Constitutional Council on grounds 
of his or her inability to hold office and di scharge  the 
functions due to physical or mental illness,   
(e) if he or she dies.  
(5) The Chief Commissioner and Commissioner s appointed under 
clause (2) shall not be eligible for reappointment.   
149 
 Provided that a Commissioner may be appointed to the office of  Chief 
Commissioner, and when a Commissioner is so appointed as the Chief 
Commissioner, his or her term of office shall be so computed as to include his 
or her term as the Commissioner.  
(6) A person shall be eligible to be appointed as the Chief 
Commission er or a Commissioner of the Commission for the Investigation of 
Abuse of Authority if he or she possesses the following qualification:  
(a) holding a bachelor's degree from a recognized university,  
(b) not being a member of any political party at the time o f 
appointment,  
(c) having gained at least twenty years of experiences in the 
field of either accounting, revenue, engineering, law, 
development or research and being a distinguished person,  
(d) having attained the age of forty five years, and  
(e) being of high moral character.  
(7) The remuneration and other conditions of service of the Chief 
Commissioner and the Commissioners shall be as provided for in  the Federal  
law. The remuneration and conditions of service of the Chief Commissioner 
and the Commissioners shall not, so long as they hold office, be altered to their 
disadvantage.  
Provided that this provision shall not apply in cases where a state of 
emergency is declared because of extreme economic disarrays.  
(8) A p erson once appointed as the C hief Commissioner or 
Commissioner shall not be eligible for appointment in other government 
service.   
150 
 Provided that nothing in this clause shall be deemed to be a bar to the 
appointment to any political position or to any position which has the 
responsibili ty of making investigations, inquiries or findings on any subject, or 
to any position which has the responsibility of submitting advice, opinion or 
recommendation after carrying out a study or research on any subject.  
239. Functions, duties and powers of t he Commission for the Investigation of Abuse 
of Authority : (1) The Commission for the Investigation of Abuse of Authority 
may, in accordance with law, co nduct, or cause to be conducted, investigations 
of any abuse of authority committed through cor ruption by any person holding 
public office.  
Provided that this clause shall not apply to any official in relation to 
whom this Constitution itself separately provides for such action and to any 
official in relation to whom  other law provides for a separate specia l provision.  
(2) In the case of the persons who can be removed from office by 
passing a motion of impeachment under Article 101 , the Judges who can be 
removed by the Judicial Council and the persons who are liable to action under 
the Army Act, it may cond uct, or cause to be conducted,  investigations in 
accordance with the Federal l aw after they have been  removed from office.  
(3) If the Commission for the Investigation of Abuse of Authority 
finds, on investigation conducted pursuant to clause (1) or (2), that a person 
holding public office has committed an act which is defined by law as 
corruption, it may file, or cause to be filed, a case against that person and other 
person involved in that offense in the competent court in accordance with law.  
(4) If, on investigation conducted pursuant to clause (1) or (2), any 
act or action done or taken by a person holding public office appears to be of 
such nature as to be falling under the jurisdiction of another official or body,  
151 
 the Commission for the Investigatio n of Abuse of Authority may write to the 
concerned official or body for necessary action.  
(5) The Commission for the Investigation of Abuse of Authority may 
delegate any of its functions, duties and powers on the conducting of 
investigations or filing case s, to the Chief Commissioner, a Commissioner or 
an officer employee of the Government of Nepal to be exercised and complied 
with subject to the specified conditions.  
(6) Other functions, duties and powers and rules of procedure of the 
Commission for the In vestigation of Abuse of Authority shall  be as provided 
for in  the Federal law.  
   
152 
 Part-22 
Auditor General  
240. Auditor General : (1) There shall be an Auditor General of Nepal.  
(2) The President shall, on the recommendation of the Constitutional 
Council, app oint the Auditor General.  
(3) The term of office of the Auditor General shall be six years from 
the date of appointment.  
(4) Notwithstanding anything contained in clause (3), the office of 
the Auditor General shall be vacant in any of the following circum stances:  
(a) if he or she tenders resignation in writing to the President,  
(b) if he or she attains the age of sixty -five years,  
(c) if a motion of impeachment is passed against him or her 
under Article 101,  
(d) if he or she is removed from office by the President on 
recommendation of the Constitutional Council on grounds 
of his or her inability to hold office and discharge the 
functions due to physical or mental illness,  
(e) if he or she dies.  
(5) The Auditor Ge neral appointed under clause (2) shall not be 
eligible for reappointment.  
(6) A person shall be eligible to be appointed as the Auditor General 
if he or she possesses the following qualification:  
(a) having served in the Special Class of the Government of 
Nepal or having at least twenty years of experiences in 
audit related work , after having obtained a bachelor's  
153 
 degree in management, commerce or accounting from a 
recognized university or having passed a chartered 
accountancy examination,  
(b) not being a m ember of any political party at the time of 
appointment,  
(c) having attained the age of forty five years, and  
(d) being of high moral character.  
(7) The remuneration and conditions of service of the Auditor 
General  shall be as provided for in the Federal l aw. The remuneration and 
conditions of service of the Auditor General  shall not, so long as he or she  
holds office, be altered to his or her disadvantage.  
Provided that this provision shall not apply in cases where a state of 
emergency is declared because of extreme economic disarrays.  
(8) A person once appointed as the Auditor General shall not be 
eligible for appointment in another government service.  
Provided that nothing in this clause shall be deemed to be a bar to the 
appointment to any political posi tion or to any position which has the 
responsibility of making investigations, inquiries or findings on any subject, or 
to any position which has the responsibility of submitting advice, opinion or 
recommendation after carrying out a study or research on a ny subject.  
241. Func tions, duties and powers of Auditor -General : (1) The accounts of all 
Federal  and State Government Offices including the Office of the President, 
Office of the Vice -President,  Supreme Court, Federal  Parliament, State 
Assembly,  State Gov ernment, Local level , Constitutional Bod ies and Offices 
thereof, C ourts, Office of the Attorney General , Nepal Army, Nepal Police and 
Armed Police Force , Nepal shall be audited by the Auditor -General in  
154 
 accordance with  law, having regard to , inter alia , the regularity, economy, 
efficiency, effectiveness and the propriety thereof.  
(2) The Auditor General shall be consulted in the matter of 
appointment of an auditor to carry out the  audit of a  corporate body of which 
the Government of Nepal or State Govern ment owns more than fifty percent of  
the shares or assets. The Auditor General may also issue necessary directives 
setting forth the principles for carrying out the audit of such corporate body.  
(3) The Auditor General shall, at all times, have power to ex amine 
any books of accounts for the purpose of carrying out the functions under 
clause (1). It shall be the duty of the concerned chief of office to provide all 
such documents and information as may be demanded by the Auditor General 
or any of his or her e mployees.  
(4) The accounts to be audit ed pursuant to clause (1) shall  be 
maintained in the form prescribed by the Auditor General , as provided for in 
the Federal l aw. 
(5) In addition to the accounts of the offices mentioned in clause (1), 
the Federal  law m ay also require the accounts of any other office s or bodies to 
be audited by the Auditor General.  
   
155 
 Part -23 
Public Service Commission  
242. Public Service Commission :  (1) There  shall be a Public Service Commission 
of Nepal, consisting of the Chairperson and four other Members.  
(2) The President shall, on the recommendation of the Constitutional 
Council, appoint the Chairperson and Members.  
(3) At least fifty percent of the tota l number of Members of the 
Public Service Commission shall be appointed from amongst the persons who 
have worked for twenty or more in any government service, and the rest of the 
Members shall be appointed from amongst the persons who hold reputation 
after having done research, investigation, teaching or any other significant 
work in the field of science, technology, art, literature, law, public 
administration, sociology or other sphere of national life.  
(4) The term of office of the Ch airperson and Members  of the Public 
Service Commission  shall be six years from the date of appointment.  
(5) The Chairperson and Members appointed under clause (2) shall 
not be eligible for reappointment.  
Provided that a Member may be appointed to the office of Chairperson, 
and when a Member is so appointed as the Chairperson, his or her term of 
office shall be so computed as to include his or her term as the Member.  
(6) Notwithstanding  anything contained in clause (4 ), the office of 
the Ch airperson or a Member of the Public Se rvice Commission  shall be 
vacant in any of the following circumstances:  
(a) if he or she tenders resignation in writing to the President,  
(b) if he or she attains the age of sixty -five years,   
156 
 (c) if a motion of impeachment is passed against him or her 
unde r Article 101,  
(d) if he or she is removed from office by the President on 
recommendation of the Constitutional Council on grounds 
of his or her inability to hold office and discharge the 
functions due to physical or mental illness,  
(e) if he or she dies.  
(7) A person shall be eligible to be appointed as the Chairperson or a 
member of the Public Service Commission if he or she possesses the following 
qualification:  
(a) holding a maste r's degree from a recognized university,  
(b) not being a member of any political party at the time of 
appointment,  
(c)  having attained the age of forty five years, and  
(d) being of high moral character.  
(8) The remuneration and other conditions of service of the 
Chairperson and the m embers of the Publi c Service Commission  shall be as 
provided for in  the Federal l aw. The remuneration and  conditions of service of  
the Chairperson and the Members of the Public Service Commission  shall not, 
so long as they hold office, be altered to their disadvantage.  
Provided that this provision shall not apply in cases where a state of 
emergency is declared because of extreme economic disarrays.  
(9) A person once appoin ted as the Chairperson and the m embers of 
the Public Service Commission  shall not be eligible for ap pointment in other 
government service.   
157 
 Provided that nothing in this clause shall be deemed to be a bar to the 
appointment to any political position or to any position which has the 
responsibility of making investigations, inquiries or findings on any subj ect, or 
to any position which has the responsibility of submitting advice, opinion or 
recommendation after carrying out a study or research on any subject.  
243. Functions, duties and powers of the Public Service Commission : (1)  It shall be 
the duty of the  Public Service Commission to conduct examinations for the 
selection of suitable candidates to be appointed to the positions in the Civil 
Service.  
Explanation : For the p urposes of this Article, "positions in the Civil 
Service" mean s all positions in the services of the Government of Nepal, other 
than the positions in the services of Army personnel,  Nepal Police or Armed 
Police Force, Nepal and such other positions in the services as are excluded by  
an Act from the Civil Service . 
(2) The Public Service Commission shall conduct written 
examinations to be given for appointment to the offices of the Nepal Army, 
Nepal Police, Armed Police Force, Nepal, other Federal  governmental services 
and of bodies corporate, other than the positions in  the Civil Service.  
Explanation : For the pur poses of this Article, "body corporate" means a 
corporation, company, bank or board of which more than fifty percent or more 
of the shares or assets is owned or controlled by the Government of Nepal , 
except a uni versity or Education Service Commission, or a commission, 
corporation, authority, body, academy, board, centre, council and other body 
corporate of similar nature established under the Federal l aw or formed by the 
Government of Nepal.      
(3) The Public S ervice Commission shall be consulted on the general 
principles to be followed in the course of making appointment and promotion  
158 
 to any position of the Nepal army, Nepal Police, Armed Poli ce Force, Nepal 
and other Federal government  service s. 
(4) The Public  Service Commission shall be consulted on the laws 
relating to the conditions of service of the  employees in the service of a  body 
corporate and on the general principles to be followed in the course of making 
promotion to any position of such service and taking departmental action 
against any such employee.  
(5) No permanent appointment to any pensionable position  
chargeable on the Government of Nepal  shall be made except in consultation 
with the Public Service Commission.  
(6) The Public Service Commission shall be consulted on the 
following subjects:  
(a) matters concerning the law relating to the conditions of 
service of the Federal Civil Service;  
(b) the principles to be followed in making appointments to, 
promotions to, the Federal  Civil Service or positions thereof 
and taking departmental action;  
(c) matters concerning the suitability of an y candidate for 
appointment to the  Federal  Civil Service position for a period 
of more than six months;  
(d) matters concerning the suitability of any candidate  for 
transfer or promotion from  a position in one type of Federal  
Civil Service to  a position in other type of Federal  Civil 
Service  or transfer or promotion from other government 
service to the Federal Civil Service or for a change in service 
or transfer from a position in a State Civil Service to a  
159 
 position in the Federal  Civil Service or from a position in the 
Federal  Civil Service to a State Civil Service,  
(e) matters concerning the permanent transfer or promotion of an 
employee working in any position which does not require 
consultation with the Public Service Commission to any 
position which requires consultation with the Public S ervice 
Commission; and   
(f) matters relating to departmental action against any employee 
of the Federal  Civil Service.  
(7) Notwithstanding an ything contained in clause (6 ), matters falling 
within the jurisdiction of the Judicial Service Commission under A rticle 15 4 
shall be governed by that Article.  
(8) The Public Service Commission may so delegate any of its 
functions, duties and powers to its Chairperson or Member, an  employee of the 
Government of Nepal as to be exercised and complied with subject to the  
specified conditions.  
(9) Other functions, duties and powers and rules of procedure of the 
Public Service Commission shall be as provided for in  the Federal l aw. 
244. Provisions r elating to State Public Service Commission : (1) Each State shall 
have a State Public Service Commission.  
   (2) The f unctions, duties and powers of the State Public Service 
Commission  shall be as provided for in  the State l aw. 
(3) The Federal Parliament shall by law determine grounds and 
standards for the purposes of clause (2 ). 
   
160 
 Part-24 
Election Commission  
245. Election Commission :  (1) There  shall be an Election Commission of Nepal, 
consisting of a Chief Commissioner and four other Commissioners. The Chief 
Commissioner shall act as the chairperson of the Election Commission.  
(2) The President shall, on the recommendation of the Constitutional 
Council, appoint the Chief Election Commissioner and Commissioners.  
(3) The term of office of the Chief Election Commissioner and 
Commissioners of the Election Commission shall be six years from the date of 
appointment.  
(4) Notwithstanding  anything contained in clause (3 ), the office of 
the Chief Election Commissioner or Election Commissioner shall be vacant in 
any of the following circumstances:  
(a) if he or she tenders resignation in writing to the President,  
(b) if he or she attains the a ge of sixty -five years,  
(c) if a motion of impeachment is passed against him or her 
under Article 101,  
(d) if he or she is removed from office by the President on 
recommendation of the Constitutional Council on grounds 
of his or her inability to hold offic e and discharge the 
functions due to physical or mental illness,  
(e)  if he or she dies.  
(5) The Chief Election Commissioner and Commissioners appointed 
under clause (2) shall not be eligible for reappointment.  
Provided that a Commissioner may be appointe d to the office of Chief 
Election Commissioner , and when a Commissioner  is so appointed as the Chief  
161 
 Election Commissioner , his or her term of office shall be so computed as to 
include his or her term as the Commissioner . 
(6) A person shall be eligible to be appointed as the Chief Election 
Commissioner  or a n Election Commissioner if he or she possesses the 
following qualification:  
(a) holding a bachelo r's degree from a recognized university,  
(b) not being a member of any political party at the time of 
appoi ntment,  
(c)  having attained the age of forty five years, and  
(d) being of high moral character.  
(7) The remuneration and other conditions of service of the Chief 
Election Commissioner and Election Commissioners shall be as provided for in 
the Federal l aw. The remuneration and conditions of service of the Chief 
Election Commissioner and the Commissioners shall not, so long as they hold 
office, be altered to their disadvantage.  
Provided that this provision shall not apply in cases where a state of 
emergency is declared because of extreme economic disarrays.  
(8) A person once appointed as the Chief Election Commissioner 
and a Commissioner  of the Election  Commission shall not be eligible for 
appointment in other government service.  
Provided that nothing in this  clause shall be deemed to be a bar to the 
appointment to any political position or to any position which has the 
responsibility of making investigations, inquiries or findings on any subject, or 
to any position which has the responsibility of submitting a dvice, opinion or 
recommendation after carrying out a study or research on any subject.   
162 
 246. Functions, duties and powers of the Election  Commission : (1)  The Election 
Commission shal l, subject to this Constitution and the Federal l aw, conduct, 
supervise, direct and control the election to the President, Vice -President, 
members of the Federal  Parliament, members of State A ssemblies and 
members of Local l evel. For these purposes, the Election Commission shall 
prepare electoral rolls.  
(2) The Election Commission shall hold a referendum on a matter of 
national importance pursuant to  this Constitution and the Federal l aw 
(3) If, after nomination of candidacy for the President, Vic e-
President, member of the Federal  Parliament, member of State  Assemblies or 
member of Local l evel h as been filed but before the election  results are 
declared , a question arises about the qualification of a candidate, the Election 
Commission shall decide that question.  
(4) The Election Commission may so delegate any o f its functions, 
duties and powers to the Chief Election Commissioner, Election Commissioner 
or any government employee as to be exercised and complied with subject to 
the specified conditions.  
(5) Other functions, duties and powers and rules of procedure of the 
Election  Commission  shall be as provided for in  the Federal l aw. 
247. To provide necessary assistance to Election Commission : The Government of 
Nepal , State Government and Local Government shall provide such employees 
and other assistance to  the Election Commission as may be required to perform 
its functions pursuant to  this Constitution.  
   
163 
 Part-25 
National Human Rights Commission  
248. National Human Rights  Commission : (1) There shall be a  National Human 
Rights  Commission of Nepal, consisting of a Chairperson  and four other 
members .  
(2) The President shall, on the recommendation of the Constitutional 
Council, appoint the Chairperson and members . 
(3) The term of office of the Chairperson  and members of the 
National Human Rights Commission shall  be six years from the date of 
appointment.  
(4) The Chairperson and m embers appointed under clause (2) shall 
not be eligible for reappointment.  
Provided that a Member may be appointed to the off ice of Chairperson, 
and when a m ember is so appointed as the Chairperson, his or her term of 
office shall be so computed as to include his or her term as the Member.  
(5) Notwithstanding  anything contained in clause (3 ), the office of 
the Ch airperson or m ember of the National Human Rights Commission shall 
be vacant in any of the following circumstances:  
(a) if he or she tenders resignation in writing to the President,  
(b) if a motion of impeachment is passed against him or her 
under Article 101,  
(c) if he or she is removed from office by the President on 
recommendation of the Constitutional Council on grounds 
of his or her inability to hold office and discharge the 
functions due to physical or mental illness,  
(d)  if he or she dies.   
164 
  (6) A person sha ll be eligible to be appointed as the Ch airperson or a  
member of the National Human Rights Commission  if he or she possesses the 
following qualification:  
(a) in the case of the Chairperson,  being  a retired Chief Justice or 
retired Judge of the Supreme Cour t and  having  rendered 
outstanding contribution to the protection and promotion of 
human rights or being a renowned person  having been active for 
at least twenty years in and rendered outstanding contribution to 
the protection and promotion of human rights or to various fields 
of national life,  
(b) in the case of a Member, being a person being involved in the 
field of the protection and promotion of human rights or rights 
and interests of the child or being a renowned person having been 
active for at least t wenty years in and rendered outstanding 
contribution to various fields of national life,  
(c) holding a bachelor's degree from a recognized university,  
(d) having attained the age of forty five years,  
(e) not being a member of any political party at the time of 
appointment,  
(f) being of high moral character.  
(7) The remuneration and other conditions of service of the 
Chairperson  and members of the National Human Rights Commission shall be 
as provided for in  the Federal  law. The remuneration and conditions of service 
of the Chairperson and m embers of the National Human Rights Commission  
shall not, so long as they hold office, be altered to their disadvantage.  
Provided that this provision shall not apply in cases  where a state of 
emergency is declared because of extreme economic disarrays.   
165 
 (8) A person once appointed as the Chairperson or a m ember of the 
National Human Rights Commission shall not be eligible for appointment in 
other government service.  
Provided th at nothing in this clause shall be deemed to be a bar to the 
appointment to any political position or to any position which has the 
responsibility of making investigations, inquiries or findings on any subject, or 
to any position which has the responsibili ty of submitting advice, opinion or 
recommendation after carrying out a study or research on any subject.  
249. Functions, duties and powers of National Human Rights Commission : (1) It 
shall be the duty of the National Hum an Rights Commission to respect, pr otect 
and promote  human rights and ensure effective enforcement thereof.  
(2) For the accomplishment of the duty mentioned in clause (1), the 
National Human Rights Commission shall perform the following functions:  
(a) to inquire, on its own initiative or on  petition or complaint 
presented in or sent to the Commission by a victim or any person 
on his or her behalf or on information received by the 
Commission from any source, into and investigate complaints of 
violations of human rights  of an individual or gro up or abetment 
thereof, and make recommendation for action against the 
perpetrators , 
(b) if any official who has the responsibility or duty to prevent 
violations of human rights fails to fulfill or perform his or her 
responsibility or duty or shows reluctance  in the fulfillment or 
performance of his or her responsibility or duty, to make 
recommendation to the concerned authority to take department al 
action against such official,   
166 
 (c) if it is required to institute a case against any person or 
organiza tion who has violated human rights, to make 
recommendation to file a case in the court in accordance with 
law; 
(d) to coordinate and collaborate with the civil society in order to 
enhance awareness on human rights,   
(e) to make recommendation, accompanied by the reasons and 
grounds, to the concerned body for taking departmental action 
against and imposing punishment on those who ha ve violated 
human rights,  
(f) to carry out periodic reviews of the relevant laws relating to 
human rights and make recommendatio n to the Government of 
Nepal for necessary improvements  in and amendments to such 
laws,  
(g)  if Nepal has to become a party to any international treaty or 
agreement on human rights, to make recommendation, 
accompanied by the reasons therefor, to the Govern ment of 
Nepal; and monitor whether any such treaty or agreement to 
which Nepal is already a party has been implemented, and if it is 
found not to have been implemented, to make recommendation 
to the Government of Nepal for its implementation,  
(h) to publis h, in accordance with law, the names of the officials, 
persons or bodies who have failed to observe or implement any 
recommendations or directives made or given by the National 
Human Rights Commission in relation to the violations of human 
rights, and reco rd them as violators of human rights.   
167 
 (3) In discharging its functions or performing its duties, the National 
Human Rights Commission may exercise the following powers:  
(a) to exercise all such powers as of a court in respect of the 
summoning and enforcin g the attendance of any person before 
the Commission and seeking and recording his or her information 
or statements or depositions, examining evidence an d producing 
exhibits and proofs,  
(b) on receipt of information by the Commission in any manner that 
a serious violation of human rights has already been committed 
or is going to be committed, to search any person or his or her 
residence or office, enter such residence or office without notice, 
and, in the course of making such search, take possession of any  
document, evidence or proof related wit h the violation of human 
rights,  
(c) in the event of necessity to take action immediately on receipt of 
information that the human rights of any person are being 
violated, to enter any government office or any other place 
withou t notice and rescue such person,  
(d) to order for the provision of compensation in accordance with 
law to any person who is a victim of the violations of human 
rights;  
(4) The National Human Rights  Commission may so delegate any of 
its function s, duties and powers to the Chairperson of the Commission, any of 
its Members or a government employee as to be exercised and complied with 
subject to the specified conditions.   
168 
 (5) Other functions, duties and powers and rules of procedure of the 
National H uman Rights  Commission shall be as provided for in  the F ederal 
law. 
Part-26 
National Natural Resources and Fi scal Commission  
250. National Natural Resources and Fiscal Commission : (1) There  shall be a 
National Natural Resources and Fiscal Commission of Nepal, consisting of a 
maximum of five members including a Chairperson.  
(2) The President shall, on the recommendation of the Constitutional 
Council, appoint the Chairperson and members of the  National Natural 
Resources and Fiscal Commission.  
(3) The term of office of the Chairperson and members of the 
National Natural Resources and Fiscal Commission shall be six years from the 
date of appointment.  
(4) Notwithstanding anything contained in cla use (3), the office of 
the Chairperson or m ember of the National Natural Resources and Fiscal 
Commission shall be vacant in any of the following circumstances:  
(a) if he or she tenders resignation in writing to the President,  
(b) if he or she attains the age of sixty -five years,  
(c) if a motion of impeachment is passed against him or her 
under Article 101,  
(d) if he or she is removed from office by the President on 
recommendation of the Constitutional Council on grounds 
of his or her  inability to hold office and discharge the 
functions due to physical or mental illness,  
(e) if he or she dies.   
169 
 (5) The Chairperson and m embers appointed under clause (2) shall 
not be eligible for reappointment.  
Provided that a m ember may be appointed to the off ice of Chairperson, 
and when a m ember is so appointed as the Chairperson, his or her term of 
office shall be so computed as to include his or her term as the m ember.  
(6) A person shall be eligible to be appointed as the Chairperson or a 
member of th e National Natural Resources and Fiscal Commission if he or she 
possesses the following qualification:  
(a) having gained expertise upon being active for at least twenty 
years in the field of natural resources or fiscal management, 
economic s, law, management, after holding a bachelor's degree in 
the relevant subject from a recognized university,  
(b) not being a member of any political party at the time of 
appointment,  
(c) having attained the age of forty five years,  
(d) being of high moral ch aracter.  
(7) The remuneration and other conditions of service of the 
Chairperson and m embers of the National Natural Resources and Fiscal 
Commission s hall be as provided for in  the Federal l aw, and their  remuneration 
and conditions of service shall not, so  long as they hold office, be altered to 
their disadvantage.  
Provided that this provision shall not apply in cases where a state of 
emergency is declared because of extreme economic disarrays.  
(8) A person once appointed as the Chairperson or a m ember of t he 
National Natural Resources and Fiscal Commission shall not be eligible for 
appointment in other government service.   
170 
 Provided that nothing in this clause shall be deemed to be a bar to the 
appointment to any political position or to any position which ha s the 
responsibility of making investigations, inquiries or findings on any subject, or 
to any position which has the responsibility of submitting advice, opinion or 
recommendation after carrying out a study or research on any subject.  
251. Functions, duti es and powers of National Natural Resources and Fiscal 
Commission : (1) The functions, duties and powers of the National Natural 
Resources and Fiscal  Commission shall be as follows:  
(a) to determine detailed basis  and modality  for the distributi on of 
revenu es between the Federal , State and Loc al Governments out 
of the Federal Consolidated Fund in accordance with the 
Constitution and law,  
(b) to make recommendation about equalization grants  to be 
provided to the State and Lo cal Governments out of the Federal  
Consolidated Fund,  
(c) to conduct study and research work and prepare parameters as to 
conditional grants to be provided to the State and Local 
Governments in accordance with national policies and programs, 
norms/standards and situation of infrastructures , 
(d) to determine detai led basi s and modality  for the distribution of 
revenues between the State and Local Governments out of the 
State Consolidated Fund,  
(e) to recommend measures t o meet expenditures of the Federal , 
State and Local Governments, and to reform  revenue collection,  
(f) to analyze macro -economic indicators and recommend ceiling of 
internal loans that the Federal , State and Local Governments can 
borrow,   
171 
 (g) to review the bases for th e distribution between the Federal  and 
State Governments of revenues and recommend for revision,  
(h) to set bases for the determination of shares of the Government of 
Nepal, State Government and Local l evel in investments and 
returns, in the mobilization of natural resources,  
(i) to do study and research work on po ssible disputes that may arise 
between the Federation  and the States, between State s, between a 
State and a Local level, and between Local levels , and make 
suggestions to act in a coordinated manner for the prevention of 
such disputes.  
(2) The National Na tural Resources and Fiscal Commission shall 
carry out necessary study and research work about environmental impact 
assessment required in the course of distribution of natural resources, and make 
recommendations  to the Government of Nepal.  
(3) Other functions, duties and powers and rules of procedure of the 
National Natural Resources and Fiscal  Commission , detailed bases required to 
be followed in the mobilization of natural resources or distribution of revenues, 
and other matters including cond itions of service of the officials of the 
Commission  shall be as provided for in the Federal l aw. 
   
172 
 Part-27 
Other Commissions  
252. National Women Commission : (1) There shall be a National Women 
Commission of Nepal, consisting of a Chairperson and four othe r members.  
(2) The President shall, on the recommendation of the Constitutional 
Council, appoint the Chairperson and members of the National Women 
Commission.  
(3) The term of office of the Chairperson and members of the 
National Women Commission shall be six years from the date of appointment.  
(4) Notwithstanding anything contained in clause (3), the office of 
the Chairperson or member of the National Women Commission shall be 
vacant in any of the following circumstances:  
(a) if he or she tenders resignat ion in writing to the President,  
(b) if he or she attains the age of sixty -five years,  
(c) if a motion of impeachment is passed against him or her 
under Article 101,  
(d)  if he or she is removed from office by the President on 
recommendation of the Constitutional Council on grounds 
of his or her inability to hold office and discharge the 
functions due to physical or mental illness,  
(e) if he or she dies.  
(5) The Chairperso n and members appointed under clause (2) shall 
not be eligible for reappointment.  
Provided that a member may be appointed to the office of Chairperson, 
and when a member is so appointed as the Chairperson, his or her term of 
office shall be so computed as to include his or her term as the member.   
173 
 (6) A person shall be eligible to be appointed as the Chairperson or a 
member of the National Women Commission if he or she possesses the 
following qualification:  
(a) being a woman having rendered outstanding contr ibution , for at 
least ten years,  to the field of rights and interests of women or 
gender justice or women development or human rights and law,  
(b) in the case of the Chairperson, holding a bachelor's degree from a 
recognized university,  
(c) having attained  the age of forty five years,  
(d) not being a member of any political party at the time of 
appointment,  and 
(e) being of high moral character.  
(7) The remuneration and conditions of service of the Chairperson 
and members of the National Women  Comm ission shall be as provided for in 
the Federal  law, and  their remuneration and conditions of service shall not, so 
long as they hold office, be altered to their disadvantage.  
Provided that this provision shall not apply in cases where a state of 
emergency is declared because of extreme economic disarrays.  
(8) A person once appointed as the Chairperson or a m ember of the 
National Women  Commission shall not be eligible for appointment in other 
government service.  
Provided that nothing in this clause shall be deemed to be a bar to the 
appointment to any political position or to any position which has the 
responsibility of making investigations, inquiries or findings on any subject, or 
to any position which has the responsibility of submitting advice, opinion or  
recommendation after carrying out a study or research on any subject.   
174 
 253. Functions, duties and powers of National Women Commission : (1) The 
functions, duties and powers of the National Women Commission shall be as 
follows:  
(a) to formulate policies and programs concerning the rights and 
interests of the women and submit them to the Government of Nepal 
for implementation.  
(b) to monitor as to whether laws concerning the rights and interests of 
the women and obligations under the international treaties to which 
Nepal is a party have been implemented, and make suggestions, 
accompanied by the measures for their effective compliance and 
implementation  to the Government of Nepal,  
(c) in order to have the women included in the mainstream of national 
development and ensure proportional participation in all organs of 
the State, to assess , monitor and evaluate the existing policies and 
programs, and make recommendation to the Government of Nepal 
for their effective implementation,  
(d) to carry out study and research work on the legal provisions relating 
to gender equality, empowerment of women and women, make 
recommendations to the concerned bodies on reforms to be made on 
such laws, and monitor the same.  
(e) to make suggestions to the Go vernment of Nepal about the 
preparation of reports to be submitted by Nepal in accordance with 
the provisions contained in the international treaties or agreements 
concerning women's rights, to which Nepal is a party,  
(f) if it is necessary to file cases a gainst any persons or bodies on 
matters of violence against women or being subjected to social ill -
practices or infringement of or deprivation of enjoyment of women's  
175 
 rights, to make recommendations to the concerned bodies to file 
such cases in courts in a ccordance with the law.  
(2) The National Women Commission may so delegate any of its 
functions, duties and powers to the Chairperson of the Commission, any of its 
members or any employee of the Government of Nepal as to be exercised and 
complied with subje ct to the specified conditions.  
(3) Other functions, duties and powers and other relevant matters of 
the National Women Commi ssion shall be as provided for in  the Federal l aw. 
254. Powers to establish offices in States : The National Women Rights Commission  
may, as required, establish its offices in States.  
255. National Dalit  Commission : (1) There shall be a National Dalit  Commission of 
Nepal, consisting of a Chairperson and four other members.  
(2) The President shall, on the recommendation of the Constitu tional 
Council, appoint the Chairperson and members of the National Dalit  
Commission.  
(3) The term of office of the Chairperson and members of the 
National Dalit  Commission shall be six years from the date of appointment.  
(4) Notwithstanding anything contained in clause (3), the office of 
the Chairperson or member of the National Dalit  Commission shall be vacant 
in any of the following circumstances:  
(a) if he or she tenders resignation in writing to the President,  
(b) if he or  she attains the age of sixty -five years,  
(c) if a motion of impeachment is passed against him or her 
under Article 101,  
(d) if he or she is removed from office by the President on 
recommendation of the Constitutional Council on grounds  
176 
 of his or her inabi lity to hold office and discharge the 
functions due to physical or mental illness,  
(e) if he or she dies.  
(5) The Chairperson and members appointed under clause (2) shall 
not be eligible for reappointment.  
Provided that a member may be appointed to the off ice of Chairperson, 
and when a member is so appointed as the Chairperson, his or her term of 
office shall be so computed as to include his or her term as the member.  
(6) A person shall be eligible to be appointed as the Chairperson or a 
member of the Natio nal Dalit  Commission if he or she possesses the following 
qualification:  
(a) being a person having rendered outstanding contribution to the 
field of rights and interests of the Dalit  community or human 
rights and law , for at least ten years , 
(b) in the case of the Chairperson, holding a t least a  bachelor's 
degree from a recognized university,  
(c) having attained the age of forty five years,  
(d) not being a member of any political party at the time of 
appointment, and  
(e) being of high moral characte r. 
(7) The remuneration and conditions of service of the Chairperson 
and members of the National Dalit  Commission shall be as provided for in the 
Federal  law, and their remuneration and conditions of service shall not, so long 
as they hold office, be alter ed to their disadvantage.  
Provided that this provision shall not apply in cases where a state of 
emergency is declared because of extreme economic disarrays.   
177 
 (8) A person once appointed as the Chairperson or a member of the 
National Dalit  Commission shall not be eligible for appointment in other 
government service.  
Provided that nothing in this clause shall be deemed to be a bar to the 
appointment to any political position or to any position which has the 
responsibility of making investigations, inquiries o r findings on any subject, or 
to any position which has the responsibility of submitting advice, opinion or 
recommendation after carrying out a study or research on any subject.  
256. Functions, duties and powers of National Dalit  Commission : (1) The  functions, 
duties and powers of the National Dalit  Commission shall be as follows:  
(a) to conduct study and exploration as to the overall situation of the 
Dalit  community, identify areas of necessary policy, legal and 
institutional reforms in that field, and make recommendations to the 
Government of Nepal,  
(b) to formulate national policies and programs concerning the interests 
of the Dalit  for the upliftment and development of the Dalit, putting 
an end to caste -based discrimination, oppression and discrim ination, 
and submit such policies and programs to the Government of Nepal 
for their implementation,  
(c) to monitor as to whether laws concerning the interests of the Dalit , 
including the special provisions made for the upliftment and interests 
of the Dalit  community have been effectively implemented, and in 
the event of absence of observance or implementation, to make 
suggestions to the Government of Nepal for the observance  or 
implementation thereof , 
(d) to make suggestions to the Government of Nepal about  the 
preparation of reports to be submitted by Nepal in accordance with  
178 
 the provisions contained in the international treaties or agreements 
concerning the rights of the Dalit  community, to which Nepal is a 
party,  
(e) in order to have the Dalit  community included in the mainstream of 
national development and ensure proportional participation in all 
organs of the State, to assess , monitor and evaluate the existing 
policies and programs, and make recommendation to the 
Government of Nepal for their  effective implementation,  
(f) if it is necessary to file cases against any persons or bodies on 
matters of being victims of caste -based discrimination and 
untouchability or social ill -practices or infringement of or 
deprivation of enjoyment of the rights of the Dalit , to make 
recommendations to the concerned bodies to file such cases in courts 
in accordance with the law.  
(2) The National Dalit  Commission may so delegate any of its 
functions, duties and powers to the Chairperson of the Commission, any of it s 
members or any employee of the Government of Nepal as to be exercised and 
complied with subject to the specified conditions.  
(3) Other functions, duties and powers and other relevant matters of 
the National Dalit  Commission shall be as provided for in  the Federal l aw. 
257. Powers to establish offices in States : The National  Dalit  Commission may, as 
required, establish its offices in States.  
258. National Inclusion Commission : (1) There  shall be a National Inclusion 
Commission of Nepal, consisting of a Chairperson and four other members.  
(2) The President shall, on the recommendation of the Constitutional 
Council, appoint the Chairperson and members of the National Inclusion 
Commission.   
179 
 (3) The term of office of the Chairperson and members of the 
National Inclusion Commission shall be six years from the date of 
appointment.  
(4) Notwithstanding anything contained in clause (3), the office of 
the Chairperson or member of the National Incl usion Commission shall be 
vacant in any of the following circumstances:  
(a) if he or she tenders resignation in writing to the President,  
(b) if he or she attains the age of sixty -five years,  
(c) if a motion of impeachment is passed against him or her 
unde r Article 101,  
(d)  if he or she is removed from office by the President on 
recommendation of the Constitutional Council on grounds 
of his or her inability to hold office and discharge the 
functions due to physical or mental illness,  
(e) if he or she dies.  
(5) The Chairperson and members appointed under clause (2) shall 
not be eligible for reappointment.  
Provided that a member may be appointed to the office of Chairperson, 
and when a member is so appointed as the Chairperson, his or her term of 
office shall  be so computed as to include his or her term as the member.  
(6) A person shall be eligible to be appointed as the Chairperson or a 
member of the National Inclusion Commission if he or she possesses the 
following qualification:  
(a) being a person having rendered outstanding contribution, for at 
least ten years, to the field of social inclusion, rights and interests  
or development of persons with disabilities, minority and  
180 
 marginalized communities and backward areas and classes  or 
huma n rights , 
(b) in the case of the Chairperson, holding a bachelor's degree from a 
recognized university,  
(c) having attained the age of forty five years,  
(d) not being a member of any political party at the time of 
appointment, and  
(e) being of high moral c haracter.  
(7) The remuneration and conditions of service of the Chairperson 
and members of the National Inclusion  Commission shall be as provided for in 
the Federal law , and their remuneration and conditions of service shall not, so 
long as they hold offic e, be altered to their disadvantage.  
Provided that this provision shall not apply in cases where a state of 
emergency is declared because of extreme economic disarrays.  
(8) A person once appointed as the Chairperson or a member of the 
National Inclusion Commission shall not be eligible for appointment in other 
government service.  
Provided that nothing in this clause shall be deemed to be a bar to the 
appointment to any political position or to any position which has the 
responsibility of making investigat ions, inquiries or findings on any subject, or 
to any position which has the responsibility of submitting advice, opinion or 
recommendation after carrying out a study or research on any subject.  
259. Functions, duties and powers of National Inclusion  Commi ssion : (1) The 
functions, duties and powers of the National  Inclusion  Commission shall be as 
follows:   
181 
 (a) to conduct study and research works for the protection of the rights 
and interests of the communities, including Khas  Arya , Pichhada  
class, persons wi th disabilities, senior citizens, labours, peasants, 
minorities and marginalize d community, backward class, people of 
Karnali and the indigent class,  
(b) to study the status of implementation of the policies and laws 
adopted by the Government of Nepal for the inclusion of the 
community, class and region mentioned in clause (a) and make 
suggestions to the Government for reforms,  
(c) to study as to whether there has been appropriate representation of 
the community, class and region mentioned in clause (a) in the 
organs of the State and make suggestions to the Government of 
Nepal to review the special provisions made for the representation of 
such community, class and region,  
(d) to study as to whether the protection, empowerment and 
development of the communit y, class and region mentioned in 
clause (a) has been satisfactory and make recommendations to the 
Government of Ne pal about polic ies to be pursued in the future,  
(e) to make suggestions to the Government of Nepal about policies and 
programs to be pursued f or the development and prosperity of the 
Karnali  and backward regions,  
(f) to make recommendations for timely revisions of laws concerning 
minority and marginalized communities,  
(g) to monitor the status of implementation of rights and interests 
guaranteed  for minority and marginalized communities and make 
recommendations for revision upon necessary review on the basis of 
periodic national census and human development index.   
182 
 (2) The National  Inclusion  Commission may so delegate any of its 
functions, duties and powers to the Chairperson of the Commission, any of its 
members or any employee of the Government of Nepal as to be exercised and 
complied with subject to the specified conditions.  
(3) Other functions, duties and powers and other relevant matters of 
the National  Inclusion  Commission shall be as provided for in  the Federal  law. 
260. Powers to establish offices in States : The National  Inclusion  Rights 
Commission may, as required, establish its offices in States.  
261. Indigenous Nationalities Commission : (1) There shall be an Indigenous 
Nationalities Commission of Nepal, consisting of a Chairperson and a 
maximum of four other members.  
(2) The President shall, on the recommendation of the Constitutional 
Council, appoint the Chairperson and members of the Indigenous Nationalities 
Commission.  
(3) The term of office of the Chairperson and members of the 
Indigenous Nationalities Commission shall be six years from the date of 
appointment.  
(4) Other matters relating to t he qualification  for the Chairperson and 
members of the Indigenous Nationalities Commission, circumstances in which 
their offices fall vacant, their remuneration and conditions of service and the 
functions, duties and powers of this Commission shall be as provided for in  the 
Federal l aw. 
262. Madhesi Commission:  (1) There shall be a Madhesi  Commission of Nepal, 
consisting of a Chairperson and a maximum of four other members.  
(2) The President shall, on the recommendation of the Constitutional 
Council, appoint the Chairperson and members of the Madhesi  Commission.   
183 
 (3) The term of office of the Chairperson and members of the 
Madhesi  Commission shall be six years from the date of appointment.  
(4) Other matters relating to the qualification for the Chairperson and 
members of the Madhesi  Commission,  circumstances in which their offices fall 
vacant, their remuneration and conditions of service and the functions, duties 
and powers of this Co mmission shall be as provided for in  the Federal l aw. 
263. Tharu  Commission:  (1) There shall be a Tharu  Commissio n of Nepal, 
consisting of a Chairperson and a maximum of four other members.  
(2) The President shall, on the recommendation of the Constitutional 
Council, appoint the Chairperson and members of the Tharu  Commission.  
(3) The term of office of the Chairpers on and members of the Tharu  
Commission shall be six years from the date of appointment.  
(4) Other matters relating to the qualification for the Chairperson and 
members of the Tharu  Commission, circumstances in which their offices fall 
vacant, their remune ration and conditions of service and the functions, duties 
and powers of this Commission  shall be as provided for in  the Federal l aw. 
264. Muslim Commission : (1) There  shall be a Muslim Commission of Nepal, 
consisting of a Chairperson and a maximum of four other members.  
(2) The President shall, on the recommendation of the Constitutional 
Council, appoint the Chairperson and members of the Muslim Commission.  
(3) The te rm of office of the Chairperson and members of the 
Muslim Commission shall be six years from the date of appointment.  
(4) Other matters relating to the qualification for the Chairperson and 
members of the Muslim Commission, circumstances in which their of fices fall 
vacant, their remuneration and conditions of service and the functions, duties 
and powers of this C ommission shall be as provided for in  the Federal l aw.  
184 
 265. Review of Commissions : The Federal  Parliament shall, after ten years of the 
commenceme nt of this Constitution, review the Commissions formed under 
this Part.  
   
185 
 Part-28 
Provisions Relating to National Security  
266. National Security Council : (1) There shall be a National Security Council for 
making recommendation to the Government of Nepal, Council of Ministers for 
the formulation of a policy on overall national interest, security and defence of 
Nepal, and for the mobilization and control of the Nepal Army, which shall 
consist of the following as the Chairperson and members:  
   (a) The Prime Minister            -Chairperson  
   (b) Minister for Defence , Government  of Nepal         -Member  
   (c) Minister  for Home, Government of Nepal          -Member  
   (d) Minister for Foreign Affairs, Government of Nepal    -Member  
   (e) Minister for Finance, G overnment of Nepal           -Member  
   (f) Chief Secretary of Government of Nepal            -Member  
   (g) Commander -in-Chief, Nepal Army            -Member  
(2) The secretary at the Ministry of Defenc e shall act as the member 
secretary of the National Security  Council . 
(3) The National Security  Council shall submit its annual report to 
the President, and the President shall cause the report  to be laid through the 
Prime Minister before the Federal Parliament.  
(4) Other matters relating to the National Se curity Council shall be 
as provided by the Federal l aw. 
267. Provisions r elating to Nepal Army : (1) There shall be an organization of the 
Nepal Army in Nepal, which is inclusive and committed to this Constitution, 
for the safeguarding of independence, sove reignty, territorial integrity and 
national unity of Nepal.   
186 
   (2) The President shall be the supreme commander -in-chief of the 
Nepal Army.  
   (3) Entry of women,  Dalit , indigenous people, indigenous 
nationalities,  Khas Arya , Madhesi , Tharu , Pichhada  class and backward region 
citizens into the Nepal Army shall, on the basis of principles of equality and 
inclusion, be ensured by the Federal l aw. 
  (4) The Government of Nepal may also mobilize the Nepal Army in 
other works including development, constru ction and disaster management 
works, as provided for in  the Federal l aw. 
   (5) The President shall, on recommendation of the Council of 
Ministers,  appoint the Commander -in-Chief  and remove  him or her from  
office . 
  (6) The President shall, on recommendati on of the National Security 
Council and pursuant to a decision of the Government of Nepal, Council of 
Ministers, declare the mobilization of the Nepal Army  in cases where a grave 
emergency arises in regard to the sovereignty or territorial integrity of Nep al or 
the security of any part thereof, by war, external aggression, armed rebellion or 
extreme economic disarray. A declaration of the mobilization of the Nepal 
Army must be ratified by the House of Representatives  within one month after 
the date of such declaration.  
  (7) Other matters pertaining to the Nepal Army shall be in 
accordance with  law. 
268. Provisions Relating to Nepal Police, Armed Police Force, Nepal and  National  
Investigation  Department : (1) The Feder ation  shall have Nepal Police, Armed 
Police Force, Nepal and National Investigation  Department . 
  (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 -
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.  
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 .  
(3) A person shall be qualified to be appointed as the C hairperson or 
a member of the Election Constitue ncy Delimitation Commission if he or she 
possesses the following qualification:  
(a) holding at least bachelor’s degree in related subject from a 
recognized university , 
(b) having attained the a ge of forty -five years,  and  
(c) having high moral character.  
(4) The office of the C hairperson or a member of the Election 
Constituency Delimitation Commission shall be vacant in any of the following 
circumstances:   
201 
 (a) if he or she tenders resignation in writing , 
(b) if he or she is removed by the Government of Nepa l, Council of 
Ministers ,  
(c) if he or she dies.  
(5) While determining election constituencies pursuant to this 
Article, the Election Constituency  Delimitation Commission shall so determine 
the constituencies, having regard to population and geography as the basis of 
representation, and  as to ensure that the ratio between the geography, 
population and number of members of such election  constituencies  is equal, so 
far as practicable . 
(6) While delimitating election cons tituencies pursuant to clause (5 ), 
regard must  be had to, inter alia , the density of population, geographical 
specificity, administrative and transportation convenience, community and 
cultural aspects of the constituencies.  
(7) No question may be raised in any c ourt on any matter of the 
determination , or review,  of election constituencies made by the Election 
Constituency Delimitation Commission . 
(8) The Election Constituency Delimitation Commission shall 
submit a report on the works it has performed to the Government of Nepal . 
(9) The Gover nment of Nepal, Council of Ministers, shall lay the 
report  received pursuant to clause (8 ) before the Federal  Parliament and send it 
to the Election Commission for implementation.  
(10) The Election Constituency Delimitation Commission shall 
determine its r ules of procedures itself.   
202 
 (11) The remuneration and facilities  of the C hairperson and the 
members of the Election Constituency Delimitation Commission shall be 
similar to those of the Chief Election Commissioner and the Election 
Commissioners  of the Elec tion Commission , respectively.  
(12) The election constituencies delimited in accordance with clause 
(5) must be reviewed in every twenty years.  
(13) The Government of Nepal shall provide such employees as may 
be required for the Election Constituency Delimitation Commission.  
287. Language Commission : (1) The Government of Nepal shall, no later than one 
year of the commencement of this Constitution, constitute  a Language 
Commission comprising representation of States.  
  (2) The Language Commission shall  consist of one Chairperson and 
a required number of members.  
  (3) The term of office of the Chairperson and members of the  
Language Commission shall be six years  from the date of their appointment . 
They may not be reappointed.  
(4) A person shall be quali fied to be appointed as the Chairperson or 
a member of the Language Commission if he or she possesses the following 
qualification:  
(a) holding master’s degree in related subjec t from a recognized 
university,  
(b) having gained at least twenty years of exper ience in the fields of 
study, teaching and research on various languages of Nepal,  
(c) having completed the age of forty -five years,  and   
203 
 (d) having high moral character.  
(5) The office of the Chairperson or a member of the Language  
Commission shall be vacant in any of the following circumstances:  
(a) if he or she tenders resignation in writing,  
(b) if he or she is removed by the Government of Nepal , Council of 
Ministers ,  
(c) if he completes the age  of sixty five years,  
(d) if he o r she dies.  
  (6) The functions, duties and powers of the Language Commission 
shall be as follows:  
(a) to determine the criteria to be fulfilled for the recognition of the 
official language and make recommendations on languages to the 
Government of Nepal,  
(b) to make recommendations to the Government of Nepal, on the 
measures to be adopted for the protection, promotion and 
development of languages,  
(c) to measure the levels of development of mother tongues and 
make suggestions to the Government of Nepal, o n the 
potentiality of their use in education,  
(d) to study, research and monitor languages.  
(7) The Language Commission shall complete its task under sub -
clause (a) of clause (6) no later than five years after the date of its constitution.   
204 
 (8) The Governme nt of Nepal may, in coordination with a State 
Government, establ ish a branch of the Language C ommission in that  State.  
(9) The other functions, duties, powers and rules of procedures of the 
Language Commission shall be as provided for in the Federal l aw. 
288. Capital : (1) The capital of Nepal shall be situated in Kathmandu.  
(2) The capital of a State  under this Constitution shall be as decided 
by a two -thirds majority of the number of the then members of the concerned 
State Assembly.  
(3) The business of a S tate shall be conducted through the place as 
specified by the Government of Nepal until decision is made in accordance 
with clause (2).  
289. Special provision relating to citizenship of officials : (1) In order for a person to 
be elected , nominated  or appointed to the office of President , Vice -President , 
Prime Minister, Chief Justice, Speaker of the House of Representatives, Chief 
of State, Chief Minister, Speaker of a State Assembly and  chief of a security 
body, the person must have obtained the citiz enship of Nepal by descent . 
  (2) A person who has obtained the citizenship of Nepal by descent, a 
person who has obtained the naturalized citizenship of Nepal or a person who 
has obtained the citizenship of Nepal by birth shall also be qualified for the 
office of a constitutional body other than that mentioned in clause (1) . 
  Provided that the person must have resided in Nepal for at least ten 
years in the case of a person  who has obtained the naturalized citizenship of 
Nepal, and for at least five years in the case of a person who has obtained the 
citizenship of Nepal by birth or who has obtained the naturalized citizenship of 
Nepal in accordance with clause (6) of Article 11.   
205 
 290. Provisions relating to Guthi  (trusts) : (1) The Federal  Parliament shall ma ke 
necessary laws in relation to the rights of the trust and the farmers  enjoying 
possessory rights over trust lands in a manner not to be prejudicial to the basic 
norms of the trusts.  
  (2) Other matters relating to trusts shall be as provided by the fede ral 
law. 
291. Not to be qualified for appointment : (1) Notwithstanding anything contained 
elsewhere in this Constitution, a citizen of Nepal who has obtained a foreign 
permanent residence permit shall not be qualified for election, nomination or 
appointmen t to an office to be elected, nominated or appointed pursuant to  this 
Constitution.  
  Provided that nothing shall prevent electing, nominating or appointing a 
person who has renounced such foreign permanent residence permit to such 
office after the expiry of a period of at least three months.  
  (2) Other matters relating to the citizens of Nepal who have obtained 
foreign permanent residence permits as mentioned in clause (1) shall be as 
provided for in  the Federal  law. 
292. Provisions relating to parliament ary hearing s: (1) Parliamentary hearings shall 
be conducted as to appointments to the offices of the Chief Justice and Judges 
of the Supreme Court, members of the Judicial Council, chiefs and members of 
Constitutional Bodies, who are appointed on the recom mendation of the 
Constitutional Council under this Constitution, and to the offices of 
ambas sadors, as provided for in the Federal l aw. 
  (2) For the purposes of clause  (1), there shall be formed a fifteen -
member joint committee consisting of members of bo th Houses of the Federal  
Parlia ment, in accordance with the Federal l aw.  
206 
   (3) No member of the joint committee under clause (2) shall  practice 
law in the Supreme Court during that term of the Federal  Parliament.  
293. Monitoring of functioning of Constitutional Bodies : The chiefs and officials of 
the Constitutional Bodies must be accountable and responsible to the Federal  
Parliament. The committees of the House of Representatives may monitor and 
evaluate the functioning, including reports, of the C onstitutional Bodies, other 
than the National Human Rights Commission, and give necessary direction or 
advice.  
294. Annual reports of Constitutional Bodies : (1) Every Constitut ional Body under 
this Constitution shall submit an annual report of its function ing to the 
President, and the President shall cause that report to be laid through the Prime 
Minister before the Federal  Parliament.  
  (2) The matters to be set out in the annual report under claus e (1) 
shall be as provided for in  the Federal l aw. 
  (3) Notwithstanding anything contained in clause (1), a 
Constitutional Body may prepare a separate report in relation to the 
functioning of each State and submit it to the Chief of State.  
   
207 
 Part-33 
Transitional Provisio ns 
295. Constitution of Federal Commission : (1) The Government of Nepal may 
constitute a Federal Commission for making suggestions on matters relating to 
the boundaries of States.  
  (2) The name s of the State s under clause (3) of Article 56 shall be set 
by a two thirds majority of the total number of member s of the concerned State 
Assemblies . 
  (3) The Government of Nepal shall constitute a commission for the 
determination of the n umber and boundaries of Village Bodies , Municipalities 
and Special, Protected or Autonomous Regions to be formed under c lauses (4) 
and (5) of Article 56. T he commission must determine  the number and 
boundaries of the Village  Bodie s, Municipalities and Special, Protected or 
Autonomous Regions in accordance with the criteria set by the Government of 
Nepal.  
  (4) The commissio n under clause (3) shall be constituted no later 
than six months of the date of commencement of this Constitution. Its term 
shall be one year.  
296. Constituent Assembly to be converted into Legislature -Parliament : (1) The 
Constituent Assembly existing at the time of commencement of this 
Constitution shall ipso facto  be converted into the Legislature -Parliament after 
the commencement of this Constitution, and the term of such Legislature -
Parliament shall exist until  7 Magha 2074.  
  Provided that if an election is held to the House of Representatives set 
forth in this Constitution prior to the expiration of that term, the Legislature -
Parliament shall continue to exist until the day before the day specified for the 
filing of nominations of candidates for that election.   
208 
   (2) The Bills under consideration of the Legislature -Parliament at the 
time of commencement of this Constitution shall ipso facto  be transferred to 
the Legislature -Parliament set forth in clause (1).  
  (3) The Legislature -Parliament set forth in clause (1) shall perform 
the business required to be performed by the Federal  Parliament in accordance 
with this Constitution until election to the House of Representatives is held 
pursuant to  this Constitution.  
  (4) The legislative power of the State Assembly with respect of 
matters  set forth in Schedule -6 shall, upon the commencement of this 
Constitution, be vested in the Legislature -Parliament set forth in clause (1) 
until the State Assembly is formed. Any law  so made shall be inoperative in 
relation to that State after one year of the date of formation of the State 
Assembly set forth in this Constitution.  
  (5) The Legislature -Parliament Secretariat , its Secretary General, 
Secretary and employees  existing at t he time of commencement of this 
Constitution shall, subject to the conditions of service in force at the time of 
their appointment, exist in the Federal  Parliament Secretariat set forth in this 
Constitution.  
  (6) Where the Legislature -Parliament is in rec ess at the time of 
commencement of this Constitution, the President shall  summon its session no 
later than seven days after the date of commencement of this Constitution.  The 
President shall thereafter summon a session of the Legislature -Parliament from 
time to tim e. 
297. Provisions relating to the President and the Vice -President : (1) The President 
and the Vice -President existing at the time of commencement of this 
Constitution shall continue to hold their respective offices until other President 
and Vice -President are elected in accordance with this Article.   
209 
   (2) The Legislature -Parliament set forth in clause (1) of Article 296 
shall, on the basis of political understanding, elect the President and the Vice -
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 
summoned in accordan ce with clause (6) of Article 29 6 where the Le gislature -
Parliament is in recess.  
  (3) In the event of failure to have an understanding under clause (2), 
the President and the Vice -President must be elected by a majority of all the 
then members of the Legislature -Parliament.  
  (4) If the office of the  President or Vice -President elected in 
accordance with clause (2) or (3) falls vacant for any reason, the President or 
Vice -President shall be elected by the Legislature -Parliament in accordance 
with this Article until the Federal  Parliament is formed.  
  (5) The term of office of the President or Vice -President elected in 
accordance with this Article shall continue to exist until another President or 
Vice -President elected by an electoral college set forth in Article 62 assumes 
office.  
   (6) The office of  the President or Vice -President elected in 
accordance with this Article shall become vacant in any of the following 
circumstances:  
(a) if the President tenders r esignation in writing to  the Vice -
President and the Vice -President, before the President , 
(b) if a motion of impeachment against him or  her is passed in 
accordance with clause (7) , 
(c) if another President or Vice -President elected by an electoral 
college set forth in Article 62 assumes office,    
210 
 (d) if he or she dies.  
(7) At least one fourth of the  total number of the then members of 
the Legislature -Parliament set forth in clause (1) of Article 296 may move a 
motion of impeachment against the President or Vice -President elected in 
accordance with this Article on the ground of serious violation of th is 
Constitution and law. If the motion is passed by at least two thirds majority of 
the total number of the then members of the Legislature -Parliament, he or she 
shall relive of his or her office  
298. Provisions relating to formation of Council of Minister s: (1) The  Council of 
Ministers existing at the time of commencement of this Constitution shall 
continue to exist until the Council of Ministers set forth in clause (2) is formed.  
  (2)  The Prime Minister shall, on the basis of political understanding, 
be elected no later than seven 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 -Parliam ent summoned in accordance with clause (6) of Article 
286 commences where the Legi slature -Parliament is in recess, and a Council of 
Ministers shall be formed under his or her chairpersonship.  
  (3)  In the event of failure to have an understanding under cl ause (2), 
the Prime Minister shall be elected by a majority of all the then members of the 
Legislature -Parliament.  
  (4) The composition and allocation of portfolios of the Council of 
Ministers to be formed in accordance with this Article shall be made thr ough 
mutual understanding.  
  (5) The Council of Ministers to be formed in accordance with this 
Article shall consist of a Deputy Prime Minister and other Ministers, as 
required.   
211 
   (6) The Prime Minister appointed in accordance with this Article 
shall, in appointing Ministers in accordance with clause (5), appoint Ministers 
from amongst the members of the Legislature -Parliament, on the 
recommendation of the concerned party.  
  (7) The Prime Minister and other Ministers appointed in accordance 
with this Artic le shall be collectively responsible to the Legislature -Parliament, 
and the Ministers shall be individually responsible to the Prime Minister and 
the Legislature - Parliament for the work of their respective Ministries.  
  (8) The office of the Prime Ministe r appointed in accordance with 
this Article  shall be vacant in any of the following circumstances:  
(a) if he or she tenders resignation in writing to the President,  
(b) if a vote of no -confidence is passed against him or her or a vote 
of confidence is not  passed in accordance with clause (14),  
(c) if he or she ceases to be a member of the Legislature -Parliament,  
(d) if he or she dies.  
  (9) The office of the Deputy Prime Minister, Minister, Minister of 
State and Assistance Minister appointed in accordance with this Article shall 
be vacant in any of the following circumstances:  
(a) if he or she tenders resignation in writing to the Prime Minister,  
(b) if the Prime Minister is removed from office in accordance with 
clause (8),  
(c) if he or she is removed from office by the Prime Minister on the 
recommendation or advice of the concerned party ,  
(d) if he or she dies.   
212 
 (10) Even though the office of the Prime Minister falls vacant under 
clause (8), the same Council of Ministers shall con tinue to act until another 
Council of Ministers is constituted.  
(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.  
  (12) The Prime Minister appointed in accordance with this Article  
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 
appointments.  
   (3) The officials holding office in  the Commission for the 
Investigation of the Abuse of Authority and the Public Service Commission, at 
the time of commencement of this Constitution, in excess of the number 
specified in this Constitution,  shall continue to hold their respective offices 
subject to the conditions of services at the time of their appointments.   
216 
    302. Formation and operation of government services at State and Local levels : (1) 
The Government of Nepal shall make necessary pro visions for the delivery of 
services at the State and Local levels.  
   (2) The Government of Nepal may, in making provisions under 
clause (1), arrange for the delivery of services by making adjustment of the  
employees  serving in the government services at the time of commencement of 
this Constitution with the Federal, State and Local levels in accordance with 
law. 
303. Provisions r elating to Local Bodies : (1) The Local Bodies existing at the time 
of Commencement of this Constitution shall continue to exist until the 
determination of the number and areas of the Local level in accordance with 
this Constitution.  
   (2) Election to the officials of the Local Bodies existing under clause 
(1) shall be held in accordance with law.  
   (3) The officials of the Local Bodies elected in accordance with 
clause (2) shall continue to hold office until election to the Local level is held 
in accordance with this Constitution.  
304. Existing l aws to remain in f orce: (1) The Nepal laws in force at the time of 
commence ment of thi s Constitution shall continue to be in force until such laws 
are repealed or amended.  
Provided that any law which is inconsistent with this Constitution shall 
ipso facto  be invalid to the extent of such inconsistency, after one year of the 
date on which the first session of the Federal Parliament set forth in this 
Constitution is held.  
(2) Acts relating to peace process under the Interim Constitution of 
Nepal, 2007 (2063)  shall be deemed to have been done under this Constitution.   
217 
 305. Power to remove d ifficulties : If any difficulty arises in connection with the 
implementation of this Constitution until the commencement of the first 
session of the Federal Parliament, upon b eing elected  in accordance with this 
Constitution , the President may, on the recommendation of the Government of 
Nepal, Council of Ministers, issue necessary orders to remove such difficulty; 
and such orders must be submitted  to the Legislature -Parliament or Federal 
Parliament,  held immediately after the issue such orders , for approval . 
   
218 
 Part-34 
Definitions and Interpretations  
306. Definitions and i nterpretations : (1) Unless the subject or the context otherwise  
requires, in this Constitution, - 
(a) "minorities" means ethnic, linguistic and religious groups whose 
population is less than the percentage specified by the Federal 
law, and includes groups that have their distinct ethnic, religious 
or linguistic characteristics, aspirations to protect such features 
and subjected to discrimination and oppression,  
 (b) "law" means a Federal law, State law and Local law,  
(c) "Article" means an a rticle of this Constitution,  
(d) "Municipality" means and includ es a Municipal Corporation and 
Sub-municipal Corporation.  
(e) "citizen" means a citizen of Nepal,  
(f) "State" means  the area and form  of a federal unit of Nepal 
divided into the F ederal units in accordance with this 
Constitution,  
(g) "remuneration" means and includes salary, allowance, pension 
and an y other form of emolument and facility,  
(h) "state power" means the power relating to the Executive, 
Legislative and Judiciary of the state,  and includes residual 
power.  
(i) "Bill" means a draft of amendment to the Constitution or of an 
Act which has been introduced in the Federal Parliament or a 
State Assembly,   
219 
 (j) "Federation" means the federal level that is the apex unit of the 
federal structure,  
(k) "Federal  Units" means the Federation, State and Local levels , 
(l) "Constitutional Bodies" means the Commi ssion for the 
Investigation of Abuse of Authority, Auditor General, Public 
Service Commission, Election Commission, National Human 
Rights Commission, National Natural Resources and Fiscal 
Commission, National Women Commission, National Dalit  
Commission, Na tional Inclusion Commission, Indigenous 
Nationalities Commission, Madhesi  Commission, Tharu  
Commission and Muslim Commission,  
(m) "marginalized" means communit ies that are made politically, 
economically and socially backward, are unable to enjoy services 
and facilities because of discrimination and oppression  and of 
geographical remoteness  or deprived thereof and are in lower 
status than the human development standards mentioned in 
Federal law , and includes highly marginalized groups and groups 
on the verge of extinction,  
(n) "Local level" mean s the Village  Bodies , Municipalities and 
District Assemblies to be established in accordance with this 
Constitution.  
(2) Unless t he subject or the context otherwise requires, the  legal 
provisions relating to  interpretation  of laws shall, subject to the provisions of 
this Constitution, apply to the interpretation of this Constitu tion in the same 
manner as that provisions  apply  to the  interpretation of the Nepal laws.  
   
220 
 Part-35 
Short Title, Commencement and Repeal  
307. Short title and c ommencement : (1) This Constitution may be cited as the                       
"Constitution of Nepal ". 
(2) This Constitution shall commence on  20 September 2015 ( 3rd 
day of the month of Ashwin of the year 207 2 Bikram Sambat ). 
308. Repeal : The Interim Constitution of Nepal, 2007 (2063 ) is hereby repealed.   
221 
 Schedule -1 
(Relating to clause (2) of Article 8)  
National Flag  of Nepal  
 
 
The method of ma king the National Flag of Nepal  
(a) Method of making the shape inside the border  
(1) On the lower portion of a crimson cloth draw a line AB of the required 
length from left to right.  
(2) From A draw a line AC perpendicular to AB making AC equal to AB 
plus one third AB. From AC mark off D making line AD equal to line 
AB. Join B and D.  
(3) From BD mark off E making BE equal to AB.  
(4) Touching E draw a line FG, starting from the point F on line AC, parallel 
to AB to the right hand -side. Mark off FG equal to A B. 
(5) Join C and G.  
 
222 
 (b) Method of making the moon  
(6) From AB mark off AH making AH equal to one -fourth of line AB and 
starting from H draw a line HI parallel to line AC touching line CG at 
point I.  
(7) Bisect CF at J and draw a line JK parallel to AB touching CG at point K.  
(8) Let L be the point where lines JK and HI cut one another.  
(9) Join J and G.  
(10) Let M be the point where line JG and HI cut one another.  
(11) With centre M and with a distance shortest from M to BD mark off N on 
the lower porti on of line HI.  
(12) Touching M and starting from O, a point on AC, draw a line from left to 
right parallel to AB.  
(13) With centre L and radius LN draw a semi -circle on the lower portion and 
let P and Q be the points where it touches the line OM respective ly. 
(14) With centre M and radius MQ draw a semi -circle on the lower portion 
touching P and Q.  
(15) With centre N and radius NM draw an arc touching PNQ at R and S. Join 
RS. Let T be the point where RS and HI cut one another.  
(16) With centre T and radius TS draw a semi -circle on the upper portion of 
PNQ  touching it at two points.  
(17) With centre T and radius TM draw an arc on the upper portion of PNQ 
touching at two points.  
(18) Eight equal and similar triangles of the moon are to be made in the space 
lying inside the semi -circle of No. (16) and outside the arc of No. (17) of 
this Schedule.   
223 
 (c) Method of making the sun  
(19) Bisect line AF at U, and draw a line UV parallel to AB line touching line 
BE at V.  
(20) With centre W, the point where HI and UV cut one another and radius 
MN draw a circle.  
(21) With centre W and radius LN draw a circle.  
(22) Twelve equal and similar triangles of the sun are to be made in the space 
enclosed by the circles of No. (20) and of No. (21) with the two apexes 
of two triangles  touching line HI.  
(d) Method of making the border  
(23) The width of the border will be equal to the width TN. This will be of 
deep blue colour and will be provided on all the side of the flag. 
However, on the five angles of the flag the external angles wi ll be equal 
to the internal angles.  
(24) The above mentioned border will be provided if the flag is to be used 
with a rope. On the other hand, if it is to be hoisted on a pole, the hole on 
the border on the side AC can be extended according to requirements . 
Explanation : The lines HI, RS, FE, ED, JG, OQ, JK and UV are imaginary. 
Similarly, the external and internal circles of the sun and the other arcs except 
the crescent moon are also imaginary. These are not shown on the flag.  
Note bene : The size of the National Flag of Nepal shall be as determined by the 
Government of Nepal.   
224 
 Schedule -2 
(Relating to clause (1) of Article 9)  
National Anthem  of Nepal  
 
Sayaun Thunga Phool K a Hami  Eutai Mala Nepali  
Sarvavha um V ai Failiyeka Mechi M ahakali  
Prakitika Koti Koti Sampad a Ko A anchala  
Bir Haruka Ragata Le Swatantra Ra A tala 
Gyana Bhumi Shanti Bhumi Terai Pahad H imala  
Akhanda Yo Pyaro Hamro Matri Bhumi Nepal  
Bahul Jati Bhasa Dharma Sanskriti Chan B ishala  
Agragami Rastra Hamro Jaya Jaya Nepal.   
225 
 Schedule -3 
(Relating to clause (2) of Article 9)  
Coat of Arms  of Nepal  
 
 
 
 
 
Note bene:  This Coat of Arms may be made in larger or smaller size as per 
necessity. The colo ur determined by the Government of Nepal 
shall be used on it . 
  
 
226 
 Schedule -4 
(Relating to clause (3) of Article 56) 
States , and Districts to be  included  in the concerned States  
 
State No. 1  State No. 2  
1. Taplejung  
2. Panchthar  
3. Ilam  
4. Sankhuwasabha  
5. Tehrathum  
6. Dhankuta  
7. Bhojpur  
8. Khotang  
9. Solukhumbu  
10. Okhaldhunga  
11. Udayapur  
12. Jhapa  
13. Morang  
14. Sunsari  1. Saptari  
2. Siraha  
3. Dhanusa  
4. Mahottari  
5. Sarlahi  
6. Rautahat  
7. Bara 
8. Parsa  
 
   
227 
 State No. 3  State No. 4  
1. Dolakha  
2. Ramechhap  
3. Sindhuli  
4. Kavrepalanchok  
5. Sindhupalchok  
6. Rasuwa  
7.Nuwakot   
8. Dhading  
9. Chitwan  
10. Makawanpur  
11. Bhaktapur  
12. Lalitpur  
13. Kathmandu  1. Gorkha  
2. Lamjung  
3. Tanahun  
4. Kaski 
5. Manang  
6. Mustang  
7. Parbat  
8. Syangja  
9. Myagdi  
10. Baglung  
11.Nawalparasi (East of 
Bardaghat Susta)  
   
228 
 State No. 5  State No. 6  State No. 7  
1. Nawalparasi (West 
of Bardaghat Susta  
2. Rupandehi  
3. Kapilbastu  
4. Palpa  
5. Arghakhanchi  
6. Gulmi  
7.Rukun (Eastern Part)   
8. Rolpa  
9. Pyuthan  
10. Daang  
11. B anke  
12. Bardiya  1.Rukum (Western 
Part)  
2. Salyan  
3. Dolpa  
4. Jumla  
5. Mugu  
6. Humla  
7. Kalikot  
8. Jajarkot  
9. Dailekh  
10. Surkhet  1.Bajura  
2.Bajhang  
3. Doti  
4. Achham  
5. Darchula  
6. Baitadi  
7. Dadeldhura  
8. Kanchanpur  
9. Kailali  
 
   
229 
 Schedule -5 
 (Relating to clause (1) of Article  57, and Article 109 ) 
List of Federal Power  
SN Matters  
1. Relating to defence and military  
(a) Protection of national unity and territorial integrity  
(b) Relating to national security  
2. War and defence   
3. Arms and ammunitions factories and production thereof  
4. Central Police, Armed Police Force, national intelligence and 
investigation, peace , security  
5. Central planning, central bank, fina nce policies, monetary and banking, 
monetary policies,  foreign grants, aid and loans  
6. Foreign and diplomatic affairs, international relations and United Nations 
related matters  
7. International tr eaties or agreements, extradition, mutual legal assistance 
and  international borders , international boundary rivers  
8. Telecommunications , allocation of radio frequency, radio, television and 
postal matters  
9. Customs, excise -duty, value -added tax, corporate income tax, individual 
income tax, remuneration tax, passport  fee, visa  fee, tourism fee, service 
charge and  fee, penalty   
230 
 10. Federal civil service, judicial service and other government services  
11. Polic ies relating to conservation and multiple uses of water resources  
12. Inland and inter -State electricity transmission lines  
13. Central statistics (national and international standards and quality)  
14. Central level large electricity, irrigation and other projects  
15. Central universities, central level academies, universities standards and 
regulation, central libraries  
16. Health policies, health services,  health standards, quality and monitoring, 
national or specialised service providing hospital s, traditional treatment 
services and communicable disease control   
17. Federal Parliament, Federal Executive, Local Level related affairs, special 
structure  
18. International trade, exchange, port, quarantine  
19. Civil aviation, international airports  
20. National transportation policies, management of railways and national 
highways  
21. Laws relating to the Supreme Court, High Courts, District Courts and 
administration of justice  
22. Citizenship, passport, visa, immigration  
23. Atomic energy, air sp ace and astronomy  
24. Intellectual property (including patents, designs, trademarks and  
231 
 copyrights)  
25. Measurement  
26. Mines excavation  
27. National and international environment management, national parks, 
wildlife reserves and wetlands, national forest policies, carbon services  
28. Insurance policies, securities, cooperatives regulation  
29. Land use policies, human settlement development policies, tourism 
policies, environment adaptation  
30. Criminal and civil laws making  
31. Security printing  
32. Social security and poverty alleviation  
33. Constitutional Bodies, commission s of national importance  
34. Sites of archaeological importance and ancient monuments  
35. Any matter not enumerated in the Lists of Federal Powers, State Powers 
and Local  Level Powers or in the Concurrent List and any matter not 
specified in this Constitution and in the Federal laws  
 
   
232 
 Schedule -6 
(Relating to clause (2) of Article  57, clause (4) of Article 162, 
Article 197, clause (3) of Article 231, clause (7) of Article 232, clause 
(4) of Article 274 and clause (4) of Article 296 ) 
List of State Power   
SN Matters  
1. State p olice  administration and peace and order  
2. Operation of  banks and financial institutions  in accordance with the 
policies of Nepal Rastra Bank , cooperative institutions, foreign grants 
and assistance with the consent of the Centre  
3. Operation of Radio, F.M., television  
4. House and land  registration fee , motor vehicle tax , entertainment  tax, 
advertisement tax , tourism , agro-income  tax, service charge, fee, 
penalty  
5. State civi l service and other government  services  
6. State statistics  
7. State level electricity, irrigation and water supply services, navigation  
8. State universities, higher education, libraries , museums  
9. Health services  
10. Matters relating to the State Assembly, State Council of Ministers  
11. Intra-State trade  
12. State highways   
233 
 13. State bureau of in vestigation  
14. Physical management and other necessary matters of State 
governmental offices  
15. State Public Service Commission  
16. Management of lands, land records  
17. Exploration and management of mines  
18. Protection and use of languages,  scripts , cultures, fine arts  and 
religions  
19. Use of forests and waters and management of environment within the 
State  
20. Agriculture and livestock development, factories, industrialization, 
trade, business, transportation  
21. Management of trusts ( Guthi ) 
  
234 
 Schedule -7 
(Relating to clause (3) of Articles 57, Article 109, clause (4) of 
Article 162, and Article 197 ) 
List of Concurrent Powers of Federation and State  
SN Matters  
1. Civil and criminal procedure, evidence and oaths ( legal recognition,  
public acts and records, and judicial proceedings)  
2. Supply, distribution, price control, quality and monitoring of essential 
goods  and services  
3. Preventive detention for reasons connected with the security of the 
country , prison and detention  manage ment , and maintenance of peace 
and order  
4. Transfer of accused persons, detainees and prisoners  from one State to 
another State  
5. Laws relating to family affairs (marriage, transfer of property, divorce, 
persons on the verge of extinction, orphan, adoption, succession and 
joint family)  
6. Acquisition, requisitioning of property and creation of right in property  
7. Contracts, cooperatives, partnership and agency  related matters  
8. Matters relating to bankruptcy and insolvency  
9. Drugs and p esticides  
10. Planning, family planning and population management   
235 
 11. Social security and employment, trade unions, settlement of industrial  
disputes,  and labour rights and disputes  related matters  
12. Legal profession, auditing, engineering, medicines,  Ayurvedic  
medicines, veterinary, Amchi  and other professions  
13. State boundary river, waterways, environment protection, biological 
diversity  
14. Matters related to means of communication  
15. Industries and mines and physical infrastructures  
16. Casino, lottery  
17. Early preparedness for, rescue, relief and rehabilitation from, natural 
and man made calamit ies 
18. Tourism, water supply and sanitation  
19. Motion pictures, cinema halls and sports  
20. Insurance business operation and management  
21. Poverty alleviation and industrialization  
22. Scientific research, science and technology and human resources 
development  
23. Utilization of forests, mountains, forest conservation areas and waters 
stretching in inter -State form  
24. Land policies and laws relating thereto  
25. Employment and unemployment aid   
236 
   
237 
 Schedule -8  
(Relating to clause (4) of Article  57, clause (2) of Article 214, 
clause (2) of Article 221 and clause (1) of Article 226 ) 
List of Local Level Power  
 
SN Matters  
1. Town police  
2. Cooperative institutions  
3. Operation of F.M.  
4. Local taxes ( wealth tax, house rent  tax, land and building 
registration fee, motor vehicle tax ), service charge, fee, tourism fee, 
advertisement tax , business tax, land tax (land revenue), penalty, 
entertainment tax, land revenue collection  
5. Management of the Local services  
6. Collection of local statistics and records  
7. Local level development plans and projects  
8. Basic and secondary education  
9. Basic health and sanitation  
10. Local market m anagement , environment protection and bio -
diversity  
11. Local roads, rural roads, agro -roads , irrigation   
238 
 12. Management of Village Assembly, Municipal Assembly, District 
Assembly, local courts, mediation and arbitration  
13. Local records managem ent 
14. Distribution of house and land ownership certificates  
15. Agriculture and animal husbandry , agro -products management, 
animal health, cooperatives  
16. Management of senior citizens, persons with disabilities and the 
incapacitated  
17. Collection of statistics of the unemployed  
18. Management, operation and control of agricultural extension  
19. Water supply, small hydropower projects, alternative energy  
20. Disaster management  
21. Protection of watersheds, wildlife, mines and minerals  
22. Protection and development of languages, cultures and fine arts  
 
   
239 
 Schedule -9 
(Relating to clause (5) of Article 57, Article 109, clause (4) of Article 162, 
Article 197, clause (2) of Article 214, clause (2) of Article 221,  and clause (1) of 
Article 226)  
List of Concurrent Powers of Federation, State and Local Level  
 
SN Matters  
1. Cooperatives  
2. Education, health  and newspapers  
3. Health  
4. Agriculture  
5. Services such as electricity, water supply, irrigation  
6. Service fee, charge, penalty and royalty from natural 
resources, tourism fee  
7. Forests, wildlife, birds, water uses, environment, ecology and 
bio-diversity  
8. Mines and minerals  
9. Disaster management  
10. Social security and poverty alleviation  
11. Personal events, births, deaths, marriages and statistics  
12. Archaeology,  ancient monuments and museums   
240 
 13. Landless squatters management  
14. Royalty from natural resources  
15. Motor vehicle permits