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The
Constitution of the Kingdom of Nepal
Part 7 Executive
Article 35 Executive Power
(1) The executive power of the Kingdom of Nepal shall, pursuant to this
Constitution and other laws, be vested in His Majesty and the Council
of Ministers.
(2) Except as otherwise expressly provided as to be exercised exclusively
by His Majesty or at His discretion or on the recommendation of any institution
or official, the powers of His Majesty under this Constitution shall be
exercised upon the recommendation and advice and with the consent of the
Council of Ministers. Such recommendation, advice and consent shall be
submitted through the Prime Minister.
(3) The responsibility of issuing general directives, controlling and
regulating the administration of the Kingdom of Nepal shall, subject to
this Constitution and other laws, lie in the Council of Ministers.
(4) Except in so far as any action is to be taken in the name of His Majesty
pursuant to this Constitution and other laws, all other executive actions
shall be expressed to be taken in the name of His Majesty's Government.
(5) Any decision, order or implementation warrant to be issued in the
name of His Majesty pursuant to this Constitution and other laws shall
be authenticated in such manner as may be set forth in rules made by His
Majesty at His discretion. All other decisions, orders and implementation
warrants to be issued in the name of the Council of Ministers pursuant
to clause (4) above shall be authenticated in such manner as may be set
forth in rules approved by His Majesty.
(6) No question shall be raised in any court as to whether or not any
recommendation or advice has been given to His Majesty pursuant to this
Constitution by the Council of Ministers or any other institution or official,
nor shall any question be raised in any court about what recommendation
or advice has been given.
Article 36 Constitution of Council
of Ministers
(1) His Majesty shall appoint the leader of the party which commands a
majority in the House of Representatives as the Prime Minister, and shall
constitute the Council of Ministers under his chairmanship.
(2) The Council of Ministers, in addition to the Prime Minister, shall
consist of a Deputy-Prime Minister if required and such other Ministers
as may be required.
(3) His Majesty shall, upon the recommendation of the Prime Minister,
appoint from among the members of the Parliament, a Deputy-Prime Minister
if required and such other Ministers as may be required.
(4) The Prime Minister and other Ministers shall be collectively responsible
to the House of Representatives, and the Ministers shall be individually
responsible for the work of their respective
Ministries to the Prime Minister and the House of Representatives.
(5) The Prime Minister shall be relieved of his office in the following
circumstances:
(a) if his resignation submitted to His Majesty in writing is accepted
by Him; or
(b) if His Majesty relieves him of office in accordance with a no confidence
resolution passed by a majority of the total number of members of the
House of Representatives pursuant to Article 59; or
(c) if he ceases to be a member of the House of Representatives; or
(d) if he dies.
(6) The Deputy-Prime Minister or a Minister shall be relieved of his office
in the following circumstances:
(a) if his resignation submitted to His Majesty in writing through the
Prime Minister is accepted by Him; or
(b) if the Prime Minister is relieved of his office pursuant to the provisions
of clause (5) above; or
(c) if he ceases to be a member of Parliament; or
(d) if he is relieved of office by His Majesty on the recommendation of
the Prime Minister; or
(e) if he dies.
(7) If the Prime Minister is relieved of his office pursuant to clause
(5), the existing Council of Ministers shall continue to function until
a new Council of Ministers is constituted. Provided that His Majesty shall,
upon the death of the Prime Minister, designate either the Deputy-Prime
Minister or the seniormost Minister to act as the Prime Minister until
a new Prime Minister is appointed.
Article 37 State Ministers and
Assistant Ministers
(1) His Majesty shall, on the recommendation of the Prime Minister, appoint
State Ministers from amongst the members of Parliament.
(2) His Majesty shall, upon the recommendation of the Prime Minister,
appoint Assistant Ministers from amongst the members of Parliament to
assist any Minister in carrying out his responsibilities.
(3) The provisions of clause (6) of Article 36 relating to Ministers shall
also be applicable to State Ministers and Assistant Ministers.
Article 38 Appointment of Non-Member
of Parliament as Minister
Notwithstanding anything contained in Articles 36 and 37, any person who
is not a member of either House of Parliament may be appointed Deputy-Prime
Minister, Minister, State Minister or Assistant-Minister:
Provided that such Deputy-Prime Minister, Minister, State Minister or
Assistant-Minister shall be required to become a member of Parliament
within six months from the date of his appointment.
Article 39 Remuneration and Other
Privileges
The remuneration and other privileges of the Prime Minister, Deputy-Prime
Minister, Ministers, State Ministers and Assistant-Ministers shall be
as determined by an Act, and until so determined, shall be as specified
in rules made by His Majesty.
Article 40 Oath
The Prime Minister, Deputy-Prime Minister, and other Ministers shall take
their oaths of office and secrecy before His Majesty, and the State Ministers
and Assistant-Ministers before the Prime Minister.
Article 41 Conduct of Government
Business
(1) The allocation and transaction of business of His Majesty's
Government shall be carried out as set forth in rules approved by His
Majesty.
(2) No question shall be raised in any court as to whether or not rules
made pursuant to clause (1) above have been observed.
Article 42 Special Provisions
Concerning the Council of Ministers
(1) If no one party has a clear-majority in the House of Representatives,
His Majesty shall appoint as Prime Minister a member who is able to command
a majority with the support of two or more parties represented in the
House.
(2) If no member is able to command a majority in the House of Representatives
even pursuant to clause (1) above, His Majesty shall appoint as Prime
Minister the leader of the parliamentary party that holds the largest
number of seats in the House of Representatives.
(3) A Prime Minister appointed pursuant to clause (1) or (2) above shall
be required to obtain a vote of confidence from the House of Representatives
within thirty days.
(4) If a Council of Ministers appointed pursuant to the provisions of
clause (2) above fails to obtain a vote of confidence from the House of
Representatives, His Majesty shall dissolve the House of Representatives
and issue an order for holding elections within six months.
Article 43 Information to be submitted
to and Recommendations to be made by His Majesty
(1) It shall be the duty of the Prime Minister to inform His Majesty of
the following matters:
(a) decisions of the Council of Ministers regarding the administration
of the Kingdom of Nepal,
(b) Bills to be introduced in Parliament,
(c) such other information as commanded by His Majesty on matters mentioned
in sub-clauses (a) and (b), and
(d) the current general state of affairs of the country, matters concerning
peace and security in the country, matters of political, social and administrative
concerns, and matters concerning international relations.
(2) His Majesty may make recommendations to, or appreciations of, or admonitions
to, the Council of Ministers on matters of national importance.
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