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There
shall be a Constitutional Council, for making recommendations
in accordance with this Constitution for appointment of
officials to Constitutional Bodies, which shall consist
of the following as Chairman and members:
(a) the Prime Minister Chairman;
(b) the Chief Justice Member;
(c) the Speaker of the House of Representatives Member;
(d) the Chairman of the National Assembly Member; and (e)
the Leader of the Opposition in the House of Representatives
Member. |
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For
the purpose of recommendation of an appointment of the Chief
Justice, the Constitutional Council shall include among
its members the Minister of Justice and a Judge of the Supreme
Court. |
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The
functions, duties and powers of the Constitutional Council
shall be as determined by this Constitution and other laws.
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The Constitutional Council constituted pursuant to clause
(1) shall have the power to regulate its working procedures
on its own. |
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| 118.
Provisions Regarding the Royal Nepal Army: |
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There
shall be a National Defence Council of Nepal consisting
of the following as Chairman and members:
(a) the Prime Minister Chairman;
(b) the Defence Minister Member, and
(c) the Commander-in-Chief Member. |
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His
Majesty shall operate and use the Royal Nepal Army on the
recommendation of the National Defence Council. |
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The
establishment and management of the Royal Nepal Army, and
other matters relating thereto, shall be as determined by
law. |
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The
National Defence Council shall have the power to regulate
its working procedures on its own. |
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| 119.
Supreme Command of the Royal Nepal Army and Appointment of
the Commander-in-Chief: |
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His
Majesty is the Supreme Commander of the Royal Nepal Army.
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His
Majesty shall appoint the Commander-in-Chief of the Royal
Nepal Army on the recommendation of the Prime Minister.
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| 120.
Royal Nepalese Ambassadors and Emissaries: |
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His
Majesty shall appoint the Royal Nepalese Ambassadors. |
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His Majesty may designate a Royal Representative
for representing Him on special occasion, and may appoint
a Special Emissary for a specified purpose |
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| 121.
Provisions Regarding Employees of the Royal Palace:
Matters relating to the conditions of service of the employees
of the Royal Palace including those of appointment, dismissal,
salary, allowances, leave and pension shall be as determined
by rules made by His Majesty at his discretion. |
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| 122.
Pardons:
His Majesty shall have the power to grant pardons and to
suspend, commute or remit any sentence passed by any court,
special court, military court or by any other judicial,
quasi-judicial or administrative authority or institution. |
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| 123.
Titles, Honours and Decorations:
(1) The titles, honours or decorations to be conferred on
behalf of the state shall be conferred by His Majesty.
(2) No citizen of Nepal shall, without the approval of His
Majesty, accept any title, honour or decoration from the
government of any country. |
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| 124.
Constitution of the Civil Service:
His Majesty's Government may, in order to run the administration
of the country, constitute services as may be required.
The constitution, operation and conditions of service thereof
shall be as determined by an Act. |
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| 125.
Provisions Regarding Citizenship of Officials of the Constitutional
Bodies:
In order to be eligible for appointment to constitutional
positions under this Constitution, a person must either
be a citizen of Nepal by birth or descent, or be a person
who, as a naturalised citizen, has resided in Nepal for
at least ten years. |
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| 126.
Ratification of, Accession to, Acceptance of or Approval of
Treaty or Agreements: |
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The
ratification of, accession to, acceptance of or approval
of treaties or agreements to which Nepal
or His Majesty's Government is to become a party shall be
as determined by law. |
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The
laws 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 be done by a majority of two-thirds of the members
present at a joint sitting of both Houses of Parliament:
(a) peace and friendship;
(b) defence and strategic alliance;
(c) boundaries of Nepal; and
(d) natural resources, and the distribution of their uses.
Provided that out of the treaties and agreements referred
to in 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 approval of such treaty
or agreement may be done at a meeting of the House of Representatives
by a simple majority of the members present. |
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After
the commencement of this Constitution, unless a treaty or
agreement is ratified, acceded to, accepted or approved
in accordance with this Article, it shall not be binding
on His Majesty's Government or Nepal. |
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Notwithstanding
anything contained in clauses (1) and (2), no treaty or
agreement shall be concluded in [sic] detrimental to the
territorial integrity of Nepal. |
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| 127.
Power to Remove Difficulties:
If any difficulty arises in connection with the implementation
of this Constitution, His Majesty may issue necessary Orders
to remove such difficulty and such Orders shall be laid
before Parliament. |
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