Institutions

Federal Executive

The executive branch, cabinet structure, and executive accountability.

Sections8

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Article 77. Vacation of Office of Prime Minister and Minister

(1)The office of the Prime Minister shall fall vacant in any of the following circumstances: - www.lawcommission.gov.np
(a)In case he or she tenders resignation in writing to the President;
(b)In case a resolution of confidence is not adopted or a resolution of no confidence is adopted against him or her pursuant to Article 100;
(c)In case he or she ceases to be a member of the House of Representatives;
(d)In case he or she dies.
(2)The office of a Minister 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 removes him or her from the office;
(c)In case the office of Prime Minister falls vacant pursuant to sub- clause (a), (b) or (c) of clause (1);
(d)In case he or she dies.
(3)In case the office of Prime Minister falls vacant pursuant to clause (1), the same Council of Ministers shall continue to act until another Council of Ministers is constituted.

Provided that in case the Prime Minister dies, the senior-most Minister shall act as the Prime Minister until a new Prime Minister is appointed.

Article 78. Non-Member of Federal Parliament to become Minister

(1)Notwithstanding anything contained in clause (9) of Article 76, the President may, on the recommendation of the Prime Minister, appoint a person who is not a member of the Federal Parliament as a Minister
(2)A Minister appointed pursuant to clause (1) shall be required to become a member of the Federal Parliament within six months from the date of taking oath by him or her.
(3)In the event of failure to obtain membership of the Federal Parliament within the period referred to in clause (2), he or she shall not be qualified to be reappointed to the office of Minister during the term of the then House of

Representatives. www.lawcommission.gov.np

(4)Notwithstanding anything contained in clause (1), a person who has lost the election to the then House of Representatives shall not be eligible to be appointed to the office of Minister as referred to in clause (1) during the term of such House of

Representatives.

Article 79. Remuneration and other Facilities of Prime Minister and Ministers

The remuneration and other facilities of the Prime Minister and Ministers shall be as provided for in a Federal Act. It shall be as specified by the Government of Nepal until such Act is made.

Article 80. Oath

The Prime Minister, Deputy Prime Minister and Ministers shall, prior to assuming their respective offices, take an oath of office and secrecy before the President, and Ministers of State and Assistant Ministers, before the Prime Minister, as provided for in the federal law.

Article 81. To inform President

The Prime Minister shall inform the President on the following matters:-

(a)Resolutions of the Council of Ministers;
(b)Bills to be introduced in the Federal Parliament;
(c)Such other necessary information as commanded by the President on matters set forth in clauses (a) and (b); and
(d)Current general state of affairs of Nepal and matters concerning foreign relations.

Article 82. Transaction of Business of Government of Nepal

(1)The business of the Government of Nepal shall be allocated and transacted in accordance with the rules approved by the Government of Nepal.
(2)No question may be raised in any court as to whether or not the rules referred to in clause (1) have been observed. www.lawcommission.gov.np

Article 83. Federal Legislature

There shall be a Federal Legislature consisting of two Houses to be known as the House of Representatives and the National Assembly, which shall be called as the Federal Parliament.

Article 84. Composition of House of Representatives

(1)The House of Representatives shall consist of a total of two hundred and seventy five members, as follows :-
(a)One hundred and sixty-five members to be elected through the first past the post electoral system, with one being elected from each of one hundred and sixty-five election constituencies delimited in Nepal on the basis of population and geographical convenience and specificity;
(b)One hundred and ten members to be elected through the proportional electoral system where voters vote for political parties, with the whole country being considered as a single election constituency.
(2)The federal law shall provide that in filing candidacy by political parties for the election to the House of Representatives under the proportional electoral system, representation shall be ensured on the basis of a closed list also from women,

Dalit, indigenous nationalities (Aadibasi Janajati) Khas Arya, Madhesi, Tharu, Muslims and backward regions, on the basis of population. In so filing candidacy, regard shall also be had to geography and regional balance. Explanation: For the purposes of this clause, "Khas Arya" means Kshetri, Brahmin, Thakuri, Sanyasi (Dashnami) communities.

(3)In filing candidacy pursuant to clause (2), political parties shall provide for representation of the persons with disabilities as well.
(4)Election to the House of Representatives referred to in clause (1) shall be held through secret ballots in accordance with law.

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

(5)Each citizen of Nepal who has completed the age of eighteen years shall have the right to vote in any one election constituency as provided for in the federal law.
(6)A person who is qualified pursuant to Article 87 and entitled to vote in an election to the members of the House of Representatives may, subject to the federal law, be a candidate in any election constituency.

Provided that a person shall not be a candidate in more than one election constituencies at the same time.

(7)In case the seat of any member of the House of Representatives falls vacant while its term still remains for more than six months, the vacancy shall be fulfilled in the same manner of electoral system as in which such seat was fulfilled.