There shall be a Legislature, to be called Parliament, which shall consist of His Majesty and two Houses, namely the House of Representatives and the National Assembly.
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The
House of Representatives shall consist of two hundred and five
members. |
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For
the purpose of election of members to the House of Representatives,
administrative districts shall be treated as election districts,
and the ratio of the number of seats allocated to any district
shall be, so far as practicable, equal to the ratio of the population
of that district to the national population as determined by the
last census preceding the concerned election; and the number of
election constituencies shall be equal to the number of seats
so allocated; and one member shall be elected from each election
constituency. Provided that the number of members to be elected
from the districts shall be so determined and election constituency
so delimitated as to be elected [sic] at least one member from
each district irrespective of its population. |
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Unless
dissolved earlier pursuant to the provisions of this Constitution,
the term of the House of Representatives shall be five years.
Provided that the term of the House of Representative may be extended
by an Act for a period not exceeding one year during the operation
of a proclamation of a State of Emergency. |
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Unless
dissolved earlier pursuant to the provisions of this Constitution,
the term of the House of Representatives shall be five years.
Provided that the term of the House of Representative may be extended
by an Act for a period not exceeding one year during the operation
of a proclamation of a State of Emergency. |
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Subject
to the provisions of this Constitution, election to membership
in the House of Representatives shall be held on the basis of
one man-one vote through secret ballots in accordance with the
provisions of law. |
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Every
Nepali citizen who has attained the age of eighteen shall be entitled
to vote in one of the election constituencies in accordance with
the provisions of law. |
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Every
person who is entitled to vote in the elections for the House
of Representatives may, subject to the provisions of Article 47
and other existing laws, be a candidate from any of the election
constituencies |
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Any
vacancy in a seat occurring in the House of Representatives, while
a portion of its term still remains, shall be filled through a
by-election |
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Subject
to the provisions of this Article, elections for the House of
Representatives and other matters pertaining thereto shall be
regulated in accordance with law |
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The
National Assembly shall consist of sixty members as follows: (a) ten members to be nominated by His Majesty from amongst persons of high reputation who have rendered prominent service in various fields of national life, (b) thirty five members, including at least three women members, to be elected by the House of Representatives in accordance with the provisions of law, on the basis of the system of proportional representation by means of the single transferable vote, and (c) fifteen members, three from each of the Development Regions, to be elected in accordance with law on the basis of the system of single transferable vote by an electoral college consisting of the Chief and the Deputy-Chief of the Village and Town level Local-Authorities and the Chief, Deputy-Chief, and the members of the District level Local-Authorities: Provided that until elections are held for the Local Authorities, such electoral college shall, for the first time, consist of the members of the House of Representatives elected from the concerned Development Region. |
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The
National Assembly shall be a permanent House. The tenure of office
of one-third of its members shall expire every two years. |
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The
tenure of office of the members of the National Assembly shall
be six 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 the members on the expiry of two years,
another one-third on the expiry of four years, and the final one-third
on the expiry of six years. |
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The
term of office of the members, including any unfilled seats, shall
be deemed to have started on the date on which National Assembly
commences its first session. |
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Vacancies
of seats in the National Assembly shall be filled in the same
manner of election or nomination through which the seat of the
vacating member was filled. |
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If
any seat of a member of the National Assembly falls vacant during
his tenure of office, the vacancy shall be filled in accordance
with Clause (5), by election or nomination, as the case may be,
for the remainder of the term. |
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In
order to become a member of Parliament any person - (a) must be a citizen of Nepal; (b) must have attained twenty five years of age for the House of Representatives and thirty five years for the National Assembly; (c) should not be disqualified under any law; and (d) should not hold an office of profit. Explanation: For the purpose of this sub-clause, "office of profit" means any position, other than a political position, to be filled by election or nomination for which a remuneration or economic benefit is paid out of a Government Fund. |
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No
person shall be a member of both Houses simultaneously. |
48.
Decision as to Disqualifications [sic] of Members:
If a question arises as to whether a member of Parliament is disqualified or has ceased to possess any of the qualifications set forth in Article 47, the final decision shall be made by the Chief Justice of Nepal or any other Judge of the Supreme Court designated by him.
If a question arises as to whether a member of Parliament is disqualified or has ceased to possess any of the qualifications set forth in Article 47, the final decision shall be made by the Chief Justice of Nepal or any other Judge of the Supreme Court designated by him.
49.
Vacation of seat:
The seat of a member of Parliament shall become vacant in the following circumstances:
(a) if he dies; or
(b) if he resigns in writing; or
(c) if he does not or has ceased to possess the qualifications referred to in Article 47; or
(d) if his term of office expires, or if the term of the House in accordance with this Constitution; or
(e) if he, without the leave of the concerned House, absents himself from thirty consecutive meetings of the House; or
(f) if the party of which he was a member when elected provides notification in the manner set forth by law that he has abandoned the party.
The seat of a member of Parliament shall become vacant in the following circumstances:
(a) if he dies; or
(b) if he resigns in writing; or
(c) if he does not or has ceased to possess the qualifications referred to in Article 47; or
(d) if his term of office expires, or if the term of the House in accordance with this Constitution; or
(e) if he, without the leave of the concerned House, absents himself from thirty consecutive meetings of the House; or
(f) if the party of which he was a member when elected provides notification in the manner set forth by law that he has abandoned the party.
50.
Oath:
The members of each House of Parliament shall, before taking part for the first time in a meeting of that House or any of its committees, take an oath in the specified form.
The members of each House of Parliament shall, before taking part for the first time in a meeting of that House or any of its committees, take an oath in the specified form.
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The
House of Representatives shall, as soon as possible, elect a Speaker
and a Deputy-Speaker from among its members. If the office of
the Speaker or the Deputy-Speaker falls vacant, the House of Representatives
shall fill the vacancy through election from among its members.
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The
Deputy-Speaker shall, in the absence of the Speaker of the House
of Representatives, chair the House of Representatives. |
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If
the election of the Speaker and Deputy-Speaker has not taken place,
or if both the positions have become vacant, the member of the
House of Representatives who is by age the seniormost shall preside
over the meeting of the House of Representatives. |
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The
Office of the Speaker or the Deputy-Speaker shall become vacant
in the following circumstances: (a) if he ceases to be a member of House of Representatives: Provided that, after the dissolution of the House of Representatives, the Speaker and Deputy-Speaker shall continue in office until the date of the filing of nominations for election to the House of Representatives; or (b) he submits a written resignation; or (c) if a resolution is passed by a majority of two-thirds of the total number of members in the House of Representatives to the effect that his conduct is not compatible with his position. |
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The
Deputy-Speaker shall preside over a meeting at which deliberations
are to be held on a resolution that the conduct of the Speaker
of the House of Representatives is not compatible with his position.
The Speaker shall be entitled to take part and vote in the deliberations
on such resolution. |
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After
the commencement of its first session, the National Assembly shall,
as soon as possible, elect a Chairman and Vice Chairman from among
its members. If the office of the Chairman or the Vice-Chairman
falls vacant, the National Assembly shall fill the vacancy through
election from among its members. |
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The
Vice-Chairman shall, in the absence of the Chairman of the National
Assembly, chair the National Assembly. |
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If
the election of the Chairman and Vice-Chairman has not taken place,
or if both the positions have become vacant, the member of the
National Assembly who is by age the seniormost shall preside over
the meeting of the National Assembly. |
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The
office of the Chairman or the Vice-Chairman shall become vacant
in the following circumstances: (a) if he ceases to be a member
of the National Assembly; or (b) if he submits a written resignation;
or (c) if a resolution is passed by a majority of two-thirds of
the total number of members of the National Assembly to the effect
that his conduct is not compatible with his position |
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The
Vice-Chairman shall preside over a meeting at which deliberations
are to be held on a resolution that the conduct of the Chairman
of the National Assembly is not compatible with his position.
The Chairman shall be entitled to take part and vote in the deliberations
on such resolution. |
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His
Majesty shall summon a session of parliament within one month
after the elections to the House of Representatives are held.
Thereafter, His Majesty shall summon other sessions from time
to time in accordance with this Constitution. Provided that the
interval between two consecutive sessions shall not be more than
six months. |
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His
Majesty may prorogue the session of both or either of the Houses
of Parliament. |
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during the prorogation or recess of the House of Representatives,
one-fourth of its members make a representation that it is appropriate
to convene a session or meeting, His Majesty shall specify the
date and time for such session or meeting, and the House of Representatives
shall meet or commence its session on the date and time thus fixed. |
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His
Majesty may dissolve the House of Representatives on the recommendation
of the Prime Minister. His Majesty shall, when so dissolving the
House of Representatives, specify a date, to be within six months,
for new elections to the House of Representatives. |
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His
Majesty may address either House or a joint sitting of both the
Houses of Parliament, and He may summon the Members for that purpose.
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His
Majesty shall address the first session after an election to the
House of Representatives, and a joint sitting of both the Houses
of Parliament after the commencement of the first session of each
year. |
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His
Majesty may send messages to either or both the Houses of Parliament.
The House receiving such message shall, as early as possible,
consider the matter mentioned in the message and submit its opinion
to His Majesty. |
55.
Quorum:
Except as otherwise provided in this Constitution, no resolution shall be presented for decision in either House of Parliament unless one-fourth of the total number of members of the concerned House are present.
Except as otherwise provided in this Constitution, no resolution shall be presented for decision in either House of Parliament unless one-fourth of the total number of members of the concerned House are present.
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No
discussion shall be held in either House of Parliament on the
conduct of His Majesty, Her Majesty the Queen and the heir apparent
to His Majesty: Provided that nothing in this Article shall be
deemed to bar criticism of His Majesty's Government. |
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No
discussion shall be held in either House of Parliament on a matter
which is under consideration in any court of Nepal. |
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No
discussion shall be held in either House of Parliament about anything
done by a Judge in course of performance of his duties: Provided that nothing in this clause shall be deemed to bar the expression of opinion about the conduct of a Judge during deliberations on a resolution held pursuant to clause (7) of Article 87. |
57.
Transaction of Business in case of Vacancy of Members:
Either House of Parliament shall have the power to transact its business notwithstanding any vacancies in the seats of its members; and no proceedings shall become invalid even if it is subsequently discovered that a person not entitled to take part in the proceedings of either House had participated therein.
Either House of Parliament shall have the power to transact its business notwithstanding any vacancies in the seats of its members; and no proceedings shall become invalid even if it is subsequently discovered that a person not entitled to take part in the proceedings of either House had participated therein.
58.
Voting:
Except as otherwise provided in this Constitution, all questions submitted for decision in either House of Parliament shall be decided by a majority vote of the members present and voting. Normally the member presiding shall not have the right to vote, but he may exercise his casting vote in the case of tie.
Except as otherwise provided in this Constitution, all questions submitted for decision in either House of Parliament shall be decided by a majority vote of the members present and voting. Normally the member presiding shall not have the right to vote, but he may exercise his casting vote in the case of tie.
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The
Prime Minister, while he holds office, may, whenever he is of
the opinion that it is necessary or appropriate to obtain a vote
of confidence from the members of the House of Representatives,
table [6] [sic] a resolution to that effect in the House of Representatives.
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One-fourth
of the total number of members of the House of Representatives
may table6 in writing a no-confidence motion against the Prime
Minister: Provided that a no-confidence motion shall not be presented
more than once in the same session. |
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A
decision on a resolution tabled [sic] pursuant to clauses (1)
and (2) shall be made by a majority of the total number of members
of the House of Representatives. |
60.
Minister Entitled to Take Part in Both Houses:
A Minister shall be entitled to attend and take part in the proceedings and deliberations of either House of the Parliament and its committees: Provided that he shall not be entitled to vote in a House or committee of which he is not a member.
A Minister shall be entitled to attend and take part in the proceedings and deliberations of either House of the Parliament and its committees: Provided that he shall not be entitled to vote in a House or committee of which he is not a member.
61.
Penalty for Unauthorized Presence or Voting:
If a person sits or votes in a meeting of either House of Parliament as a member without taking an oath pursuant to Article 50, or knowing that he is not qualified for membership in the House, he shall, on order of the person chairing the House, be liable to a fine of one thousand rupees for each day of such presence or voting. The fine shall be recovered as government dues.
If a person sits or votes in a meeting of either House of Parliament as a member without taking an oath pursuant to Article 50, or knowing that he is not qualified for membership in the House, he shall, on order of the person chairing the House, be liable to a fine of one thousand rupees for each day of such presence or voting. The fine shall be recovered as government dues.
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Subject
to the provisions of this Constitution, there shall be full freedom
of speech in both Houses of Parliament and no member shall be
arrested, detained or prosecuted in any court for anything said
or any vote cast in the House. |
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Subject
to the provisions of this Constitution, each House of Parliament
shall have full power to regulate its internal business, and it
shall be the exclusive right of the House concerned to decide
whether or not any proceeding of the House is regular. No question
shall be raised in any court in this behalf [sic]. |
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Subject
to the provisions of this Constitution, no comment shall be made
about the good faith concerning any proceeding of either House
of Parliament and no publication of any kind shall be made about
anything said by any member which intentionally distorts or misinterprets
the meaning of the speech. |
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Subject
to the provisions of this Constitution, the provisions of clauses
(1) and (3) shall also apply to any person, other than a member,
who is entitled to take part in a meeting of the House. |
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No
proceedings shall be initiated in any court against any person
for publication of any document, report, vote or proceeding which
is made under authority given, subject to the provisions of this
Constitution, by a House of Parliament. Explanation: For the purposes
of this clause and clauses (1), (2), (3) and (4), the word "House"
shall mean and include the committees of a House and shall also
mean a joint sitting of Parliament or a meeting of the Joint Committee.
(6) No member of Parliament shall be arrested between the date
of issuance of the summons for a session and the date on which
that session closes: Provided that nothing in this clause shall
be deemed to prevent the arrest under any law of any member on
a criminal charge. If any member is so arrested, the official
making such arrest shall forthwith inform the person chairing
the concerned House. |
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Any
breach of privilege of either House of Parliament shall be deemed
to constitute contempt of Parliament and the concerned House shall
have the exclusive right to decide whether or not any breach of
privilege has taken place. |
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If
a person is in contempt of either House of Parliament, the Chairperson
of the concerned House may, after a decision by the House to that
effect, admonish, warn or impose a sentence of imprisonment not
exceeding three months, to remain effective only during the current
session of the House, or impose a fine of up to five thousand
rupees on such person. The fine shall be recovered as government
dues: Provided that if the person so accused submits an apology to the satisfaction of the House, it may either pardon him or remit or commute the sentence imposed on him. |
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Other
matters relating to privileges not mentioned in this Constitution
shall be as determined by law. |
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Each
House of Parliament shall, subject to the provisions of this Constitution,
frame rules for conducting its business, maintaining order during
its meetings and regulating the constitution, functions and procedures
of the committees or any other matter of the House or the committees.
Such rules shall come into effect upon approval by His Majesty.
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Matters
relating to the conduct of business of a joint sitting of Parliament
and the constitution of its Joint Committee, and the functions
and procedures thereof shall be in accordance with rules made
by His Majesty on the recommendation of the Speaker of the House
of Representatives and the Chairman of the National Assembly.
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Until
such time as rules mentioned in clauses (1) and (2) are made,
matters mentioned in those clauses shall be governed by rules
made by His Majesty . |
64.
Committees:
The House of Representatives may, by rules, regulate the constitution and management of Committees on Finance, Public Account, Human Rights, Foreign Relations, Natural Resources, Protection of the Environment, Population and such committees on other subjects as required.
The House of Representatives may, by rules, regulate the constitution and management of Committees on Finance, Public Account, Human Rights, Foreign Relations, Natural Resources, Protection of the Environment, Population and such committees on other subjects as required.
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If
a resolution is passed by either House demanding that of both
the Houses be constituted for the purpose of managing the working
procedure between the two Houses, resolving disagreements on any
Bill, or for any other specified function, a Joint-Committee thereon
shall be constituted. |
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The
Joint-Committee shall consist of up to a maximum of fifteen members
in the ratio of two-members from the House of Representatives
to-one-member from the National Assembly. |
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His
Majesty shall appoint the Secretary of the House of Representatives
on the recommendation of its Speaker, and the Secretary of the
National Assembly on the recommendation of its Chairman and the
Secretary-General of Parliament in consultation with both the
Speaker and the Chairman. |
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The
establishment of a Secretariat for the purpose of conducting the
business of Parliament and other matters related thereto shall
be as determined by law. |
67.
Remuneration:
The remuneration and privileges of the Speaker and Deputy Speaker of the House of Representatives, the Chairman and Vice-Chairman of the National Assembly and members of Parliament shall be determined by law, and until so determined, shall be as specified by His Majesty.
The remuneration and privileges of the Speaker and Deputy Speaker of the House of Representatives, the Chairman and Vice-Chairman of the National Assembly and members of Parliament shall be determined by law, and until so determined, shall be as specified by His Majesty.