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The
executive power of Nepal shall, pursuant to this
Constitution and other laws, be vested in His Majesty and the
Council of Ministers. |
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Except
as otherwise expressly provided as to be exercised exclusively
by His Majesty or at His discretion or on the recommendation of
any institution or official, the powers of His Majesty under this
Constitution shall be exercised upon the recommendation and advice
and with the consent of the Council of Ministers. Such recommendation,
advice and consent shall be submitted through the Prime Minister. |
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The
responsibility of issuing general directives, controlling and
regulating the administration of Nepal shall, subject
to this Constitution and other laws, lie in the Council of Ministers.
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Except
in so far as any action is to be taken in the name of His Majesty
pursuant to this Constitution and other laws, all other executive
actions shall be expressed to be taken in the name of His Majesty's
Government. |
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Any
decision, order or implementation warrant to be issued in the
name of His Majesty pursuant to this Constitution and other laws
shall be authenticated in such manner as may be set forth in rules
made by His Majesty at His discretion. All other decisions, orders
and implementation warrants to be issued in the name of the Council
of Ministers pursuant to clause (4) above shall be authenticated
in such manner as may be set forth in rules approved by His Majesty. |
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No
question shall be raised in any court as to whether or not any
recommendation or advice has been given to His Majesty pursuant
to this Constitution by the Council of Ministers or any other
institution or official, nor shall any question be raised in any
court about what recommendation or advice has been given. |
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His
Majesty shall appoint the leader of the party which commands a
majority in the House of Representatives as the Prime Minister,
and shall constitute the Council of Ministers under his chairmanship. |
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The
Council of Ministers, in addition to the Prime Minister, shall
consist of a Deputy-Prime Minister if required and such other
Ministers as may be required. (3) His Majesty shall, upon the
recommendation of the Prime Minister, appoint from among the members
of the Parliament, a Deputy-Prime Minister if required and such
other Ministers as may be required. |
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The
Prime Minister and other Ministers shall be collectively responsible
to the House of Representatives, and the Ministers shall be individually
responsible for the work of their respective Ministries to the
Prime Minister and the House of Representatives. |
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The
Prime Minister shall be relieved of his office in the following
circumstances: (a) if his resignation submitted to His Majesty in writing is accepted by Him; or (b) if His Majesty relieves him of office in accordance with a no confidence resolution passed by a majority of the total number of members of the House of Representatives pursuant to Article 59; or (c) if he ceases to be a member of the House of Representatives; or (d) if he dies. |
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The
Deputy-Prime Minister or a Minister shall be relieved of his office
in the following circumstances: (a) if his resignation submitted to His Majesty in writing through the Prime Minister is accepted by Him; or (b) if the Prime Minister is relieved of his office pursuant to the provisions of clause (5) above; or (c) if he ceases to be a member of Parliament; or (d) if he is relieved of office by His Majesty on the recommendation of the Prime Minister; or (e) if he dies. |
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If
the Prime Minister is relieved of his office pursuant to clause
(5), the existing Council of Ministers shall continue to function
until a new Council of Ministers is constituted. Provided that
His Majesty shall, upon the death of the Prime Minister, designate
either the Deputy-Prime Minister or the seniormost Minister to
act as the Prime Minister until a new Prime Minister is appointed.
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His
Majesty shall, on the recommendation of the Prime Minister, appoint
State Ministers from amongst the members of Parliament. |
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His
Majesty shall, upon the recommendation of the Prime Minister,
appoint Assistant Ministers from amongst the members of Parliament
to assist any Minister in carrying out his responsibilities. |
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The
provisions of clause (6) of Article 36 relating to Ministers shall
also be applicable to State Ministers and Assistant Ministers.
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38.
Appointment of Non-Member of Parliament as Minister:
Notwithstanding anything contained in Articles 36 and 37, any person who is not a member of either House of Parliament may be appointed Deputy-Prime Minister, Minister, State Minister or Assistant-Minister: Provided that such Deputy-Prime Minister, Minister, State Minister or Assistant-Minister shall be required to become a member of Parliament within six months from the date of his appointment.
Notwithstanding anything contained in Articles 36 and 37, any person who is not a member of either House of Parliament may be appointed Deputy-Prime Minister, Minister, State Minister or Assistant-Minister: Provided that such Deputy-Prime Minister, Minister, State Minister or Assistant-Minister shall be required to become a member of Parliament within six months from the date of his appointment.
39.
Remuneration and Other Privileges:
The remuneration and other privileges of the Prime Minister, Deputy-Prime Minister, Ministers, State Ministers and Assistant-Ministers shall be as determined by an Act, and until so determined, shall be as specified in rules made by His Majesty.
The remuneration and other privileges of the Prime Minister, Deputy-Prime Minister, Ministers, State Ministers and Assistant-Ministers shall be as determined by an Act, and until so determined, shall be as specified in rules made by His Majesty.
40.
Oath:
The Prime Minister, Deputy-Prime Minister, and other Ministers shall take their oaths of office and secrecy before His Majesty, and the State Ministers and Assistant-Ministers before the Prime Minister
The Prime Minister, Deputy-Prime Minister, and other Ministers shall take their oaths of office and secrecy before His Majesty, and the State Ministers and Assistant-Ministers before the Prime Minister
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The
allocation and transaction of business of His Majesty's Government
shall be carried out as set forth in rules approved by His Majesty.
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No
question shall be raised in any court as to whether or not rules
made pursuant to clause (1) above have been observed. |
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If
no one party has a clear-majority in the House of Representatives,
His Majesty shall appoint as Prime Minister a member who is able
to command a majority with the support of two or more parties
represented in the House. |
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If
no member is able to command a majority in the House of Representatives
even pursuant to clause (1) above, His Majesty shall appoint as
Prime Minister the leader of the parliamentary party that holds
the largest number of seats in the House of Representatives. |
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A
Prime Minister appointed pursuant to clause (1) or (2) above shall
be required to obtain a vote of confidence from the House of Representatives
within thirty days. |
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If
a Council of Ministers appointed pursuant to the provisions of
clause (2) above fails to obtain a vote of confidence from the
House of Representatives, His Majesty shall dissolve the House
of Representatives and issue an order for holding elections within
six months. |
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It
shall be the duty of the Prime Minister to inform His Majesty
of the following matters: (a) decisions of the Council of Ministers regarding the administration of Nepal, (b) Bills to be introduced in Parliament, (c) such other information as commanded by His Majesty on matters mentioned in sub-clauses (a) and (b), and (d) the current general state of affairs of the country, matters concerning peace and security in the country, matters of political, social and administrative concerns, and matters concerning international relations. |
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His
Majesty may make recommendations to, or appreciations of, or admonitions
to, the Council of Ministers on matters of national importance.
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