Governance and Laws

Miscellaneous

Residual constitutional provisions that do not fit elsewhere.

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Article 274. Amendment to Constitution

(1)No amendment shall be made to this Constitution in manner to be prejudicial to sovereignty, territorial integrity, independence of Nepal and sovereignty vested in the people.
(2)Subject to clause (1) and other Articles of this Constitution, a Bill to amend to or repeal any Article of this Constitution may be introduced in either House of the Federal Parliament.

Provided that clause (1) shall not be amended.

(3)A Bill introduced pursuant to clause (2) shall be publicly published for information to public-in-general within thirty days of its introduction in the concerned

House.

(4)In case a Bill introduced pursuant to clause (2) is related with the alteration in the borders of any Province or matters set forth in Schedule-6, the Speaker or the

Chairperson of the concerned House shall send that Bill to the Provincial Assembly for its consent, within thirty days after its introduction in the Federal Parliament.

(5)The concerned Provincial Assembly shall, by a majority of the total number of its the then members, approve or reject the Bill presented for its consent pursuant to clause (4) and give information thereof to the Federal Parliament within three months.

Provided that in case any Provincial Assembly is not in existence, such Bill shall be either approved or rejected within three months after the date of holding of the first meeting following the formation of that Provincial Assembly.

(6)In the event of failure to give information of approval or rejection of such

Bill within the period set forth in clause (5), nothing shall prevent the House of the Federal Parliament in which the Bill was originated from proceeding with the Bill.

(7)In case a majority of the Provincial Assemblies gives a notice of rejection of such Bill to the concerned House of the Federal Parliament within the period referred to in clause (5), the Bill shall be inoperative. www.lawcommission.gov.np
(8)A Bill which does not require the consent of the Provincial Assembly or a

Bill accepted by a majority of the Provincial Assemblies pursuant to clause (5) shall be adopted by at least two-thirds majority of the total number of the then members of both Houses of the Federal Parliament.

(9)A Bill adopted pursuant to clause (8) shall be submitted to the President for authentication.
(10)The President shall authenticate the Bill submitted pursuant to clause (9) within fifteen days from the date of its receipt and the Constitution shall get amended from the date of authentication. www.lawcommission.gov.np

Article 275. Provisions relating to Referendum

(1)In case a decision is made by a two-thirds majority of the total number of the then members of the Federal Parliament that it is necessary to hold a referendum with respect to any matter of national importance, a decision on that matter may be taken by way of referendum.
(2)Matters relating to referendum and other relevant matters shall be as provided for in the federal law.

Article 276. Pardons

The President may, in accordance with law, grant pardons, suspend, commute or remit any sentence passed by any Court, judicial or quasi-judicial institution or administrative authority or institution.

Article 277. Titles, Honours and Decorations

(1)The President shall confer titles, honours and decorations to be conferred on behalf of the State.
(2)No citizen of Nepal may, without the approval of the Government of

Nepal, accept any title, honour or decoration from any foreign government.

Article 278. Power to Conclude Treaty

(1)The Federation shall have the power to conclude treaties or agreements.
(2)In concluding a treaty or agreement on a matter falling within the list of powers of Province, the Government of Nepal shall be required to consult the concerned Province.
(3)A Provincial Council of Ministers may, with the consent of the

Government of Nepal, enter into contractual agreements on financial and industrial matters.

Article 279. Ratification of, Accession to, Acceptance or Approval of, Treaties or Agreements

(1) The ratification of, accession to, acceptance or approval of, treaties or agreements to which Nepal or the Government of Nepal is to become a party shall be as provided for in the federal law.

(2)Any law to be made pursuant to clause (1) shall, inter alia, require that the ratification of, accession to, acceptance or approval of, treaties or agreements on the www.lawcommission.gov.np following subjects shall be made by a majority of two-thirds of the total number of the then members of both Houses of the Federal Parliament:-
(a)Peace and friendship;
(b)Defence and strategic alliance;
(c)Boundaries of the Nepal; and
(d)Natural resources, and the distribution of their uses.

Provided that, out of the treaties or agreements referred to in sub-clauses (a) and (d), in case 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 or approval of, such treaty or agreement may be made by a simple majority of the members present in a meeting of the House of Representatives.

(3)After the commencement of this Constitution, unless a treaty or agreement is ratified, acceded to, accepted or approved pursuant to this Article, such treaty or agreement shall not be binding to the Government of Nepal or Nepal.
(4)Notwithstanding anything contained in clauses (1) and (2), no treaty or agreement that is detrimental to the territorial integrity of Nepal may be concluded.

Article 280. Special provision relating to Discharge of Functions of President

In case the offices of both the President and the Vice-President fall vacant in accordance with this Constitution, the Speaker of the House of Representatives shall discharge the functions required to be performed by the President under this Constitution until election to the President or Vice-President is held and he or she assumes office.

Article 281. Appraisal and Review of Special Rights

The Government of Nepal shall make appraisal and review of the implementation of special rights of the women and Dalit community and impacts thereof, on the basis of human development index, concurrently with a national census to be held in every ten years.

Article 282. Ambassadors and Special Emissaries

(1)The President may, on the basis of the principle of inclusion, appoint Nepali ambassadors, and special emissaries for any specific purposes.
(2)The President shall receive letters of credentials from foreign ambassadors and diplomatic representatives. www.lawcommission.gov.np

Article 283. Appointments to be made in accordance with Inclusive Principle

Appointments to offices of Constitutional Organs and Bodies shall be made in accordance with the inclusive principle.

Article 284. Provisions relating to Constitutional Council

(1)There shall be a Constitutional Council for making recommendations for appointment of the Chief Justice and Chiefs and officials of the Constitutional Bodies in accordance with this Constitution, which shall consist of the following as the Chairperson and members:-
(a)The Prime Minister - Chairperson
(b)The Chief Justice - Member
(c)The Speaker of the House of Representatives - Member
(d)The Chairperson of the National Assembly - Member
(e)Leader of Opposition Party in the House of Representatives - Member
(f)Deputy Speaker of the House of Representatives - Member
(2)While making a recommendation for appointment to the office of the Chief

Justice, the Constitutional Council shall include the Minister for Law and Justice of the Government of Nepal, as its member.

(3)The Constitutional Council shall make a recommendation for appointment under this Constitution before one month of the vacation of the office of the Chief

Justice or a chief or official of a Constitutional Body. Provided that in case such office falls vacant because of death or resignation, it may so make recommendation for appointment that the office is fulfilled within one month after the date of vacancy.

(4)Other functions, duties and powers of the Constitutional Council and rules of procedures on the appointment of the Chief Justice or chiefs or officials of

Constitutional Bodies shall be as provided for in the federal law.

(5)The Chief Secretary to the Government of Nepal shall act as the secretary to the Constitutional Council.

Article 285. Constitution of Government Service

(1)The Government of Nepal may, in order to run the administration of the country, constitute the federal civil service and such other www.lawcommission.gov.np federal government services as may be required. The constitution, operation and conditions of service of such services shall be as provided for in a Federal Act.
(2)Positions in the federal civil service as well as all federal government services shall be fulfilled through competitive examinations, on the basis of open and proportional inclusive principle.
(3)The Provincial Council of Ministers, Rural Municipal Executive and

Municipal Executive may by law constitute and operate various government services as required for the operation of their administration.

Article 286. Election Constituency Delimitation Commission

(1)The Government of Nepal may constitute an Election Constituency Delimitation Commission, to determine election constituencies for the purpose of election to the members of the Federal Parliament and members of the Provincial Assemblies in accordance with this Constitution, which shall consist of the following as the Chairperson and members:-
(a)A retired Justice of Supreme Court -Chairperson
(b)One Geographer -Member
(c)One Sociologist or Demographer -Member
(d)One Administration Expert or Jurist -Member
(e)Gazetted special class officer of the -Member-secretary Government of Nepal.
(2)The term of office of the Election Constituency Delimitation Commission shall be as prescribed at the time of its constitution.
(3)A person shall be eligible to be appointed as the Chairperson or a member of the Election Constituency Delimitation Commission in case he or she possesses the following qualifications:-
(a)One who has acquired at least bachelor’s degree in related subject from a recognized university;
(b)One who has attained the age of forty-five years; and
(c)One who bears high moral character. www.lawcommission.gov.np
(4)The office of the Chairperson or a member of the Election Constituency

Delimitation Commission shall fall vacant in any of the following circumstances: -

(a)In case he or she tenders resignation in writing;
(b)In case he or she is removed by the Government of Nepal, Council of Ministers;
(c)In case he or she dies.

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(5)While determining election constituencies pursuant to this Article, the Election Constituency Delimitation Commission shall, subject to sub-clause
(a)of clause (1) of Article 84, determine the constituencies in a Province in accordance with the federal law, having regard to the population as the main basis and geography as the second basis for representation, and there shall be at least one election constituency in each district within the Province.
(6)While delimitating election constituencies pursuant to clause (5),  attention shall be required to be given, inter alia, the population and geographical convenience, density of population, geographical specificity, administrative and transportation convenience, community and cultural aspects of the constituencies.
(7)No question may be raised in any court on any matter of the determination, or review, of election constituencies made by the Election Constituency Delimitation

Commission.

(8)The Election Constituency Delimitation Commission shall submit a report on the works it has performed to the Government of Nepal.
(9)The Government of Nepal, Council of Ministers, shall lay the report received pursuant to clause (8) before the Federal Parliament and shall also send it to the Election Commission for implementation.
(10)The Election Constituency Delimitation Commission shall determine its rules of procedures itself.

 Amended by the First Amendment.  Inserted by the First Amendment. www.lawcommission.gov.np

(11)The remuneration and facilities of the Chairperson and the members of the Election Constituency Delimitation Commission shall be similar to those of the

Chief Election Commissioner and the Election Commissioners of the Election Commission, respectively.

(12)The election constituencies delimited pursuant to clause (5) shall be reviewed in every twenty years.
(13)The Government of Nepal shall provide such employees as may be required for the Election Constituency Delimitation Commission.

Article 287. Language Commission

(1)The Government of Nepal shall, within one year of the commencement of this Constitution, constitute a Language Commission comprising representation of Provinces.
(2)The Language Commission shall consist of one Chairperson and a required number of members.
(3)The term of office of the Chairperson and members of the Language

Commission shall be six years from the date of their appointment. They may not be reappointed.

(4)A person shall be eligible to be appointed as the Chairperson or a member of the Language Commission in case he or she possesses the following qualifications:-
(a)One who has acquired Master’s degree in related subject from a recognized university;
(b)One who has gained at least twenty years of experience in the fields of study, teaching and research on various languages of Nepal;
(c)One who has completed the age of forty-five years; and
(d)One who bears high moral character.
(5)The office of the Chairperson or a member of the Language Commission shall fall vacant in any of the following circumstances:-
(a)In case he or she tenders resignation in writing;
(b)In case he or she is removed by the Government of Nepal, Council of Ministers;