President and Vice-President
The constitutional offices of the head of state and deputy head of state.
Article 65. Vacation of Office of President
The office of the President shall fall vacant in any of the following circumstances:
- (a)In case he or she tenders resignation in writing to the Vice-President;
- (b)In case the motion of impeachment against him or her is adopted under Article 101;
- (c)In case his or her term of the office expires;
- (d)In case he or she dies.
Article 66. Functions, Duties and Powers of President
- (1)The President shall exercise such powers and perform such duties as conferred on him or her in accordance with this Constitution or the federal law.
- (2)In exercising the powers or duties under clause (1), the President shall perform all other functions to be performed by him or her on recommendation and with the consent of the Council of Ministers than those functions specifically provided to be performed on recommendation of any institution or official under this www.lawcommission.gov.np
Constitution or federal law. Such recommendation and consent shall be submitted through the Prime Minister.
- (3)Any decision or order to be issued in the name of the President under clause (2) and other instrument of authorization pertaining thereto shall be authenticated as provided for in the federal law.
Article 67. Vice-President
- (1)There shall be a Vice-president of Nepal.
- (2)The functions to be performed by the President shall be performed by the
Vice-president during the absence of the President.
- (3)In case a person who holds a political office to be fulfilled by way of election, nomination or appointment is elected as the Vice-president, such office shall, ipso facto, fall vacant.
Article 68. Vacation of Office of Vice-President
The office of the Vice-president 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 motion of impeachment against him or her is adopted under Article 101,
- (c)In case his or her term of office expires,
- (d)In case he or she dies.
Article 69. Other provisions relating to Vice-President
Provisions relating to the qualification, procedures of election and term of office of the Vice-President shall be the same as that of the President.
Article 70. President and Vice-President to Belong to Different Sex or Community
Election to the President and the Vice-president under this Constitution shall be so made as to have representation of different sex or community.
Article 71. Oath by President and Vice-President
Prior to assuming their respective offices, the President shall take an oath of office and secrecy before the Chief Justice, and the Vice-President, before the President, as provided for in the federal law.
Article 72. Remuneration and Facilities of President and Vice-President
The remuneration and other facilities of the President and the Vice-president shall be as provided for in a Federal Act, and until such Act is enacted as specified by the Government of Nepal. www.lawcommission.gov.np
Article 73. Office of President and Vice-President
- (1)There shall be separate offices for the performance of the functions of the President and the Vice-President.
- (2)The Government of Nepal shall make arrangements for employees and other provisions as required to perform the functions of the offices referred to in clause (1). www.lawcommission.gov.np
Article 74. Form of Governance
The form of governance of Nepal shall be multi-party competitive federal democratic republican parliamentary form of governance based on pluralism.
Article 75. Executive Power
- (1)The executive power of Nepal shall, in accordance with this Constitution and law, be vested in the Council of Ministers.
- (2)The responsibility for issuing general directives, controlling and regulating the governance of Nepal shall, subject to this Constitution and law, lie in the Council of Ministers.
- (3)All federal executive functions of Nepal shall be performed in the name of the Government of Nepal.
- (4)Any decision or order to be issued in the name of the Government of Nepal pursuant to clause (3) and other instruments of authorization pertaining thereto shall be authenticated as provided for in the federal law.
Article 76. Constitution of Council of Ministers
- (1)The President shall appoint the leader of the parliamentary party that commands a majority in the House of Representatives as the Prime Minister, and the Council of Ministers shall be constituted under his or her chairpersonship.
- (2)In cases where no party has a clear majority in the House of
Representatives pursuant to clause (1), the President shall appoint as the Prime Minister a member of the House of Representatives who is able to command a majority with the support of two or more parties representing to the House of Representatives.
- (3)In cases where the Prime Minister cannot be appointed pursuant to clause
- (2)within thirty days after the date of declaration of the final results of election to the
House of Representatives or where the Prime Minister so appointed fails to secure a vote of confidence pursuant to clause (4), the President shall appoint as the Prime Minister the leader of the parliamentary party which has the highest number of members in the House of Representatives. www.lawcommission.gov.np
- (4)The Prime Minister appointed pursuant to clause (2) or (3) shall be required to secure the vote of confidence from the House of Representatives within thirty days after the date of such appointment.
- (5)In cases where the Prime Minister appointed pursuant to clause (3) fails to secure the vote of confidence pursuant to clause (4) and any member referred to in clause (2) presents a ground on which he or she is able to secure the vote of confidence in the House of Representatives, the President shall appoint such member as the Prime Minister.
- (6)The Prime Minister appointed pursuant to clause (5) shall be required to secure the vote of confidence pursuant to clause (4).
- (7)In cases where the Prime Minister appointed pursuant to clause (5) fails to secure a vote of confidence or the Prime Minister cannot be appointed, the President shall, on the recommendation of the Prime Minister, dissolve the House of
Representatives and appoint a date of election so that the election to another House of