Transitional Provisions
Rules that help the constitution transition into operation.
Article 288. Capital
- (1)The capital of Nepal shall be located in Kathmandu.
- (2)The capital of a Province in accordance with this Constitution shall be as decided by a two-thirds majority of the number of the then members of the concerned
Provincial Assembly.
- (3)The business of a Province shall be conducted through the place as specified by the Government of Nepal until a decision is made pursuant to clause (2).
Article 289. Special Provision relating to Citizenship of Officials
- (1)In order for a person to be elected, nominated or appointed to the office of President, Vice-President, Prime Minister, Chief Justice, of the Speaker of House of Representatives, Chief of www.lawcommission.gov.np Province, Chief Minister, Speaker of a Provincial Assembly and Chief of a security body, a person shall have to obtain the citizenship of Nepal by descent.
- (2)A person who has obtained the citizenship of Nepal by descent, a person who has obtained the naturalized citizenship of Nepal or a person who has obtained the citizenship of Nepal by birth shall also be eligible for the office of a constitutional body other than those referred to in clause (1).
Provided that a person shall have resided in Nepal for at least ten years in the case of a person who has obtained the naturalized citizenship of Nepal, and for at least five years in the case of a person who has obtained the citizenship of Nepal by birth or who has obtained the naturalized citizenship of Nepal pursuant to clause (6) of Article 11.
Article 290. Provisions relating to Guthi (trusts)
- (1)The Federal Parliament shall make necessary laws in relation to the rights of the trust and the farmers enjoying possessory rights over trust land in a manner not to be prejudicial to the basic norms of the trusts.
- (2)Other matters relating to trusts shall be as provided by the federal law.
Article 291. Not to be Eligible for Appointment
- (1)Notwithstanding anything contained elsewhere in this Constitution, a citizen of Nepal who has obtained a foreign permanent residence permit shall not be eligible for election, nomination or appointment to an office to be elected, nominated or appointed in accordance with this Constitution. Provided that nothing shall prevent electing, nominating or appointing a person who has renounced such foreign permanent residence permit to such office after the expiry of a period of at least three months.
- (2)Other matters relating to the citizens of Nepal who have obtained foreign permanent residence permits as referred to in clause (1) shall be as provided for in federal law.
Article 292. Provisions relating to Parliamentary Hearings
- (1)Parliamentary hearings shall be conducted as to appointments to the offices of the Chief Justice and Justices of the Supreme Court, members of the Judicial Council, chiefs and members of Constitutional Bodies, who are appointed on the recommendation of the www.lawcommission.gov.np Constitutional Council under this Constitution, and to the offices of ambassadors, as provided for in the federal law.
- (2)For the purposes of clause (1), there shall be constituted a fifteen-member joint committee consisting of members of both Houses of the Federal Parliament, in accordance with the federal law.
- (3)No member of the joint committee referred to in clause (2) shall practice law in the Supreme Court during that term of the Federal Parliament.
Article 293. Monitoring of Functioning of Constitutional Bodies
The chiefs and officials of the Constitutional Bodies shall be accountable and responsible to the Federal Parliament. The committees of the House of Representatives may monitor and evaluate the functioning, including reports, of the Constitutional Bodies, other than the National Human Rights Commission, and give necessary direction or advice.
Article 294. Annual Reports of Constitutional Bodies
- (1)Every Constitutional Body in accordance with this Constitution shall submit an annual report of its functioning to the President, and the President shall cause that report to be laid through the Prime Minister before the Federal Parliament.
- (2)The matters to be set out in the annual report referred to in clause (1) shall be as provided for in federal law.
- (3)Notwithstanding anything contained in clause (1), a Constitutional Body may prepare a separate report in relation to the functioning of each Province and submit it to the Chief of Province. www.lawcommission.gov.np
Article 295. Constitution of Federal Commission
- (1)The Government of Nepal may constitute a Federal Commission for making suggestions on matters relating to the boundaries of Provinces.
- (2)The names of the Provinces referred to in clause (3) of Article 56 shall be set by a two thirds majority of the total number of members of the concerned
Provincial Assemblies.
- (3)The Government of Nepal shall constitute a Commission for the determination of the number and boundaries of Rural Municipalities, Municipalities and Special, Protected or Autonomous Regions to be formed pursuant to clauses (4) and (5) of Article 56. The Commission shall determine the number and boundaries of the Rural Municipalities, Municipalities and Special, Protected or Autonomous
Regions in accordance with the criteria set by the Government of Nepal.
- (4)The Commission referred to in clause (3) shall be constituted within six months of the date of commencement of this Constitution. The term of such
Commission shall be one year.
Article 296. Constituent Assembly to be converted into Legislature-Parliament
- (1)The Constituent Assembly existing at the time of commencement of this Constitution shall ipso facto be converted into the Legislature-Parliament after the commencement of this Constitution, and the term of that Legislature-Parliament shall exist until 21 January 2018 (7 Magha 2074). Provided that in case an election is to be held to the House of Representatives set forth in this Constitution prior to the expiration of that term, the Legislature- Parliament shall continue to exist until the day before the day specified for the filing of nominations of candidates for that election.
- (2)The Bills under consideration of the Legislature-Parliament at the time of commencement of this Constitution shall ipso facto be transferred to the Legislature-
Parliament set forth in clause (1). www.lawcommission.gov.np
- (3)The Legislature-Parliament set forth in clause (1) shall perform the business required to be performed by the Federal Parliament in accordance with this
Constitution until election to the House of Representatives is held in accordance with this Constitution.
- (4)The legislative power of the Provincial Assembly with respect of matters set forth in Schedule-6 shall, upon the commencement of this Constitution, be vested in the Legislature-Parliament set forth in clause (1) until the Provincial Assembly is constituted. Any law so made shall be inoperative in relation to that Province after one year of the date of constitution of the Provincial Assembly set forth in this
Constitution.
- (5)The Legislature-Parliament Secretariat, its Secretary General, Secretary and employees existing at the time of commencement of this Constitution shall, subject to the conditions of service in force at the time of their appointment, exist in the Federal Parliament Secretariat set forth in this Constitution.
- (6)Where the Legislature-Parliament is in recess at the time of commencement of this Constitution, the President shall summon its session within seven days after the date of commencement of this Constitution. The President shall, thereafter, summon a session of the Legislature-Parliament from time to time.
Article 297. Provisions relating to President and Vice-President
- (1)The President and the Vice- President existing at the time of commencement of this Constitution shall continue to hold their respective offices until other President and Vice-President are elected pursuant to this Article.
- (2)The Legislature-Parliament set forth in clause (1) of Article 296 shall, on the basis of political understanding, elect the President and the Vice-President, within one month after the date of the commencement of this Constitution where the
Legislature-Parliament is not in recess at the time of commencement of this Constitution and after the date on which the session is summoned pursuant to clause
- (6)of Article 296 where the Legislature-Parliament is in recess.
- (3)In the event of failure to have an understanding pursuant to clause (2), the
President and the Vice-President shall be elected by a majority of all the then members of the Legislature-Parliament. www.lawcommission.gov.np
- (4)In case the office of the President or Vice-President elected pursuant to clause (2) or (3) falls vacant for any reason, the President or Vice-President shall be elected by the Legislature-Parliament pursuant to this Article until the Federal
Parliament is constituted.
- (5)The term of office of the President or Vice-President elected pursuant to this Article shall continue to exist until another President or Vice-President elected by an electoral college set forth in Article 62 assumes office.
- (6)The office of the President or Vice-President elected pursuant to this
Article shall fall vacant in any of the following circumstances: -
- (a)In case the President tenders resignation in writing to the Vice- President and the Vice-President, to the President;
- (b)In case a motion of impeachment against him or her is adopted pursuant to clause (7);
- (c)In case another President or Vice-President elected by an electoral college set forth in Article 62 assumes office;
- (d)In case he or she dies.
- (7)At least one fourth of the total number of the then members of the
Legislature-Parliament referred to in clause (1) of Article 296 may move a motion of impeachment against the President or Vice-President elected pursuant to this Article on the ground of serious violation of this Constitution and law. In case the motion is adopted by at least two-thirds majority of the total number of the then members of the Legislature-Parliament, he or she shall be relieved of his or her office
Article 298. Provisions relating to Constitution of Council of Ministers
- (1)The Council of Ministers existing at the time of commencement of this Constitution shall continue to exist until the Council of Ministers referred to clause (2) is constituted.
- (2)The Prime Minister shall, on the basis of political understanding, be elected within seven days after the date of the commencement of this Constitution where the Legislature-Parliament is not in recess at the time of commencement of this
Constitution, and after the date on which the session of the Legislature-Parliament summoned pursuant to clause (6) of Article 296 commences where the Legislature- www.lawcommission.gov.np Parliament is in recess, and a Council of Ministers shall be constituted under his or her chairpersonship.
- (3)In the event of failure to have an understanding pursuant to clause (2), the
Prime Minister shall be elected by a majority of all the then members of the Legislature-Parliament.
- (4)The a composition and allocation of portfolios of the Council of Ministers to be constituted pursuant to this Article shall be made through mutual understanding.
- (5)The Council of Ministers to be constituted pursuant to this Article shall consist of a Deputy Prime Minister and other Ministers, as required.
- (6)The Prime Minister appointed pursuant to this Article shall, in appointing
Ministers pursuant to clause (5), appoint Ministers from amongst the members of the Legislature-Parliament, on the recommendation of the concerned party.
- (7)The Prime Minister and other Ministers appointed pursuant to this Article shall be collectively responsible to the Legislature-Parliament, and the Ministers shall be individually responsible to the Prime Minister and the Legislature- Parliament for the works of their respective Ministries.
- (8)The office of the Prime Minister appointed pursuant to this Article shall fall vacant in any of the following circumstances:-
- (a)In case he or she tenders resignation in writing to the President;
- (b)In case a vote of no confidence is adopted against him or her pursuant to clause (14) or a vote of confidence is not adopted;
- (c)In case he or she ceases to be a member of the Legislature-Parliament;
- (d)In case he or she dies.
- (9)The office of the Deputy Prime Minister, Minister, Minister of State and
Assistance Minister appointed pursuant to this Article shall fall vacant in any of the following circumstances:-
- (a)In case he or she tenders resignation in writing to the Prime Minister;
- (b)In case the Prime Minister is removed from office pursuant to clause (8); www.lawcommission.gov.np
- (c)In case he or she is removed from office by the Prime Minister on the recommendation or on advice of the concerned party;
- (d)In case he or she dies.
- (10)Even though the office of the Prime Minister falls vacant pursuant to clause (8), the same Council of Ministers shall continue to act until another Council of
Ministers is constituted.
- (11)In case the Prime Minister appointed pursuant to this Article dies, the
Deputy Prime Minister or senior-most Minister shall act as the Prime Minister until another Prime Minister is appointed.
- (12)The Prime Minister appointed pursuant to this Article may, whenever he or she considers necessary or appropriate to clarify that he or she has confidence from the Legislature-Parliament, table a motion to that effect in the Legislature-Parliament for the vote of confidence.
- (13)At least one-fourth of the total number of the then members of the
Legislature-Parliament may table in writing a motion of no confidence against the Prime Minister appointed pursuant to this Article. Provided that a motion of no confidence shall not be tabled more than once in six moths' period against the same Prime Minister appointed pursuant to this Article.
- (14)A motion tabled pursuant to clause (12) or (13) shall be decided by a majority of the total number of the then members of the Legislature Parliament.
- (15)The Government of Nepal shall, after the commencement of this
Constitution, exercise the executive powers of a Province until the Council of Ministers of the Province set forth in this Constitution is constituted.
Article 299. Provisions relating to Speaker and Deputy Speaker
- (1)The Speaker and Deputy Speaker existing at the time of commencement of this Constitution shall continue to hold their respective offices until another Speaker and Deputy Speaker is elected in accordance with this Constitution.
- (2)The members of the Legislature-Parliament shall, on the basis of political understanding, elect one Speaker and Deputy Speaker from among themselves within twenty days after the date of the commencement of this Constitution where the
Legislature-Parliament is not in recess at the time of commencement of this www.lawcommission.gov.np Constitution, and after the date on which the session of the Legislature-Parliament is summoned pursuant to clause (6) of Article 296 where the Legislature-Parliament is in recess.
- (3)In the event of failure to have an understanding pursuant to clause (2), a member of the Legislature-Parliament who commands a majority of all the then members of the Legislature-Parliament shall be deemed to be elected as the Speaker or Deputy Speaker.
- (4)In holding electing pursuant to clause (2) or (3), the Speaker and Deputy
Speaker shall be members representing different political parties in the Legislature- Parliament.
- (5)In discharging his or her functions in accordance with this Constitution, the
Speaker and Deputy Speaker shall so discharge functions in the capacity of a neutral person without standing for or against any political party whatsoever.
- (6)The office of the Speaker and Deputy Speaker shall fall vacant in any of