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If
a grave crisis arises in regard to the sovereignty or integrity
of Nepal or the security of any part thereof,
whether by war, external aggression, armed rebellion or
extreme economic disarray, His Majesty may, by Proclamation,
declare or order a State of Emergency in respect of the
whole of Nepal or of any specified part thereof.
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Every
Proclamation or Order issued under clause (1) above shall
be laid before a meeting of the House of Representatives
for approval within three months from the date of issuance.
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If
a Proclamation or Order laid for approval pursuant to clause
(2) is approved by a two-thirds majority of the House of
Representatives present at that meeting, such Proclamation
or Order shall continue in force for a period of six months
from the date of issuance. |
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Before the expiration of the period referred to in clause
(3), if a meeting of the House of Representatives, by a
majority of two-thirds of the members present, passes a
resolution to the effect that circumstances referred to
in clause (1) above continue to exist, it may extend the
period of the Proclamation or Order of the State of Emergency
for one other period, not exceeding six months as specified
in such resolution, and the Speaker shall inform His Majesty
of such extension. |
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Before
the expiration of the period referred to in clause (3),
if a meeting of the House of Representatives, by a majority
of two-thirds of the members present, passes a resolution
to the effect that circumstances referred to in clause (1)
above continue to exist, it may extend the period of the
Proclamation or Order of the State of Emergency for one
other period, not exceeding six months as specified in such
resolution, and the Speaker shall inform His Majesty of
such extension |
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During
a dissolution of the House of Representatives, the National
Assembly shall exercise the powers of the House of Representatives
for the purposes of clauses (2), (3), (4) and (5) above. |
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After
the State of Emergency has been declared pursuant to clause
(1), His Majesty may issue such Orders as are necessary
to meet the exigencies. Orders so issued shall be operative
with the same force and effect as law so long as the State
of Emergency is in operation. |
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His
Majesty may, at the time of making a Proclamation or Order
of a State of Emergency pursuant to clause (1), suspend
sub-clauses (a), (b), (d) and (e) of clause (2) of Article
12, clause (1) of Article 13 and Articles 15, 16, 17, 22
and 23 of this Constitution for as long as the Proclamation
is in operation: Provided that the right to the remedy of
habeas corpus under Article 23 shall not be suspended. |
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In
circumstances where His Majesty has suspended any Article
of this Constitution pursuant to clause (8), no petition
may lie, nor question be raised in any court for the enforcement
of the fundamental right conferred by such Article. |
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If,
during the continuance of a Proclamation or Order under
clause (1), any damage is inflicted upon any person by an
act of any official which was done in contravention of law
or in bad faith, the affected person may, within three months
from the date of termination of the Proclamation or Order,
file a petition for compensation for the said damage and
if the court finds the claim valid, it shall cause compensation
to be delivered. |
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A
Proclamation or Order of a State of Emergency issued pursuant
to clause (1) may be revoked by His Majesty at any time
during its continuance. |
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