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The
Council of Ministers existing at the commencement of this
Constitution shall be deemed to have been constituted under
this Constitution. |
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If,
for any reason the Council of Ministers referred to in clause
(1) is dissolved, His Majesty shall constitute a new Council
of Ministers consisting of representatives from the main
political parties. |
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A
Council of Ministers constituted under clause (2) above
shall consist of a Prime Minister and, on his recommendation,
other Ministers, State Ministers and Assistant Ministers
as may be required. |
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| 129.
Making of Laws until the First Session of Parliament:
After the commencement
of this Constitution, His Majesty shall have the power to
enact laws as required on the recommendation and advice,
and with the consent of the Council of Ministers until the
commencement of the first session of Parliament. |
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| 130.
Provisions Regarding Constitutional Bodies and Officials thereof
Appointed Pursuant to the Constitution of Nepal (1962):
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The
Constitutional Bodies and officials thereof subsisting at
the commencement of this Constitution, but which are not
reestablished under this Constitution, shall cease to subsist
after the commencement of this Constitution; and the officials
working in the Constitutional Bodies which continue to subsist
in accordance with this Constitution shall stand relieved
of their offices if not reappointed within nine months of
the commencement of this Constitution:
Provided that His Majesty may, if necessary, relieve any
constitutional official before the expiry of the said period.
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The
Council of Ministers shall exercise the functions, duties
and powers of the Constitutional Council until the commencement
of the first session of Parliament after the elections held
in accordance with this Constitution. |
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Pending
the making of arrangements as to the Appellate Courts pursuant
to Article 89, the Zonal Courts and Regional Courts constituted
under the Judicial Administration Reforms Act, 1975 shall
remain in operation as they were, and the Judges working
in those courts shall continue to hold their positions.
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The
District Courts existing at the commencement of this Constitution
shall, until otherwise provided by law, continue to subsist,
and the Judges working in those Courts shall continue to
hold their positions until a different arrangement is made.
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Petitions
and complaints pending in the Prevention of Abuse of Authority
Commission shall be transferred to the Commission for the
Investigation of Abuse of Authority. |
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Cases
which are pending in the Prevention of Abuse of Authority
Commission shall be transferred to the Central Regional
Court existing under clause (3), and the Regional Court
shall decide those cases in accordance with the existing
law. |
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Appeals,
and petitions relating thereto pending in the Prevention
of Abuse of Authority Appellate Court shall be transferred
to the Supreme Court and the Supreme Court shall decide
those appeals and petitions in accordance with the existing
law. |
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Petitions
registered with the Judicial Committee in accordance with
law and pending therein shall be transferred to the Supreme
Court after the commencement of the Constitution, and if
the Supreme Court deem appropriate, it shall, in exercising
its power of review, decide those petitions. |
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| 131.
Existing Laws to Remain in Operation:
All laws in force at the commencement of this Constitution
shall remain in operation until repealed or amended: Provided
that laws inconsistent with this Constitution shall, to
the extent of inconsistency, ipso-facto cease to operate
one year after the commencement of this Constitution. |
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