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The
Constitution of the Kingdom of Nepal
Part 8 Legislature
Article 44 Constitution of Legislature
There shall be a Legislature, to be called Parliament, which
shall consist of His Majesty and two Houses, namely the House of Representatives
and the National Assembly.
Article 45 Constitution of the
House of Representatives
(1) The House of Representatives shall consist of two hundred and five
members.
(2) For the purpose of election of members to the House of Representatives,
administrative districts shall be treated as election districts, and the
ratio of the number of seats allocated to any district shall be, so far
as practicable, equal to the ratio of the population of that district
to the national population as determined by the last census preceding
the concerned election; and the number of election constituencies shall
be equal to the number of seats so allocated; and one member shall be
elected from each election constituency. Provided that the number of members
to be elected from the districts shall be so determined and election constituency
so delimitated that there be elected at least one member from each district
irrespective of its population.
(3) Unless dissolved earlier pursuant to the provisions of this Constitution,
the term of the House of Representatives shall be five years. Provided
that the term of the House of Representative may be extended by an Act
for a period not
exceeding one year during the operation of a proclamation of a State of
Emergency.
(4) The term of the House of Representatives as extended in pursuance
of the proviso clause of clause (3) shall ipso facto stand terminated
after the expiry of six months from the date on which the proclamation
of the State of Emergency is withdrawn.
(5) Subject to the provisions of this Constitution, election to membership
in the House of Representatives shall be held on the basis of one man-one
vote through secret ballots in accordance with the provisions of law.
(6) Every Nepali citizen who has attained the age of eighteen shall be
entitled to vote in one of the election constituencies in accordance with
the provisions of law.
(7) Every person who is entitled to vote in the elections for the House
of Representatives may, subject to the provisions of Article 47 and other
existing laws, be a candidate from any of the election constituencies.
(8) Any vacancy in a seat occurring in the House of Representatives, while
a portion of its term still remains, shall be filled through a by-election.
(9) Subject to the provisions of this Article, elections for the House
of Representatives and other matters pertaining thereto shall be regulated
in accordance with law.
Article 46 Constitution of the National Assembly
and the Tenure of Office of Members
(1) The National Assembly shall consist of sixty members as follows: -
(a) ten members to be nominated by His Majesty from amongst persons of
high reputation who have rendered prominent service in various fields
of national life,
(b) thirty five members, including at least three women members, to be
elected by the House of Representatives in accordance with the provisions
of law, on the basis of the system of proportional representation by means
of the single transferable vote, and
(c) fifteen members, three from each of the Development Regions, to be
elected in accordance with law on the basis of the system of single transferable
vote by an electoral college consisting of the Chief and the Deputy-Chief
of the Village and Town level Local Authorities and the Chief,
Deputy-Chief, and the members of the District level Local Authorities:
Provided that until elections are held for the Local Authorities, such
electoral college shall, for the first time, consist of the members of
the House of Representatives elected from the concerned Development Region.
(2) The National Assembly shall be a permanent House. The tenure of office
of one-third of its members shall expire every two years.
(3) The tenure of office of the members of the National Assembly shall
be six years: Provided that, for the first time, after the commencement
of this Constitution, arrangements shall be made by drawing lots to retire
one-third of the members on the expiry of two years, another one-third
on the expiry of four years, and the final one-third on the expiry of
six years.
(4) The term of office of the members, including any unfilled seats, shall
be deemed to have started on the date on which National Assembly commences
its first session.
(5) Vacancies of seats in the National Assembly shall be filled in the
same manner of election or nomination through which the seat of the vacating
member was filled.
(6) If any seat of a member of the National Assembly falls vacant during
his tenure of office, the vacancy shall be filled in accordance with Clause
(5), by election or nomination, as the case may be, for the remainder
of the term.
Article 47 Qualifications for Membership
(1) In order to become a member of Parliament any person -
(a) must be a citizen of Nepal;
(b) must have attained twenty five years of age for the House of Representatives
and thirty five years for the National Assembly;
(c) should not be disqualified under any law; and
(d) should not hold an office of profit.
Explanation: For the purpose of this sub-clause, "office of profit" means
any position, other than a political position, to be filled by election
or nomination for which a remuneration or economic benefit is paid out
of a Government Fund.
(2) No person shall be a member of both Houses simultaneously.
Article 48 Decision About Disqualifications of
Members
If a question arises as to whether a member of Parliament is disqualified
or has ceased to possess any of the qualifications set forth in Article
47, the final decision shall be made by the Chief Justice of Nepal or
any other Judge of the Supreme Court designated by him.
Article 49 Vacation of seat
(1) The seat of a member of Parliament shall become vacant in the following
circumstances:
(a) if he dies; or
(b) if he resigns in writing; or
(c) if he does not or has ceased to possess the qualifications referred
to in Article 47; or
(d) if his term of office expires, or if the term of the House in accordance
with this Constitution; or
(e) if he, without the leave of the concerned House, absents himself from
thirty consecutive meetings of the House; or
(f) if the party of which he was a member when elected provides notification
in the manner set forth by law that he has abandoned the party.
Article 50 Oath
The members of each House of Parliament shall, before taking part for
the first time in a meeting of that House or any of its committees, take
an oath in the specified form.
Article 51 Speaker and Deputy-Speaker of the House
of Representatives
(1) The House of Representatives shall, as soon as possible, elect a Speaker
and a Deputy-Speaker from among its members. If the office of the Speaker
or the Deputy-Speaker falls vacant, the House of Representatives shall
fill the vacancy through election from among its members.
(2) The Deputy-Speaker shall, in the absence of the Speaker of the House
of Representatives, chair the House of Representatives.
(3) If the election of the Speaker and Deputy-Speaker has not taken place,
or if both the positions have become vacant, the member of the House of
Representatives who is by age the seniormost shall preside over the meeting
of the House of Representatives.
(4) The Office of the Speaker or the Deputy-Speaker shall become vacant
in the following circumstances:
(a) if he ceases to be a member of House of Representatives:
Provided that, after the dissolution of the House of Representatives,
the Speaker and Deputy-Speaker shall continue in office until the date
of the filing of nominations for election to the House of Representatives;
or
(b) he submits a written resignation; or
(c) if a resolution is passed by a majority of two-thirds of the total
number of members in the House of Representatives to the effect that his
conduct is not compatible with his position.
5) The Deputy-Speaker shall preside over a meeting at which deliberations
are to be held on a resolution that the conduct of
the Speaker of the House of Representatives is not compatible with his
position. The Speaker shall be entitled to take part and vote in the deliberations
on such resolution.
Article 52 Chairman and Vice Chairman of the National
Assembly
(1) After the commencement of its first session, the National Assembly
shall, as soon as possible, elect a Chairman and Vice Chairman from among
its members. If the office of the Chairman or the Vice-Chairman falls
vacant, the National Assembly shall fill the vacancy through election
from among its members.
(2) The Vice-Chairman shall, in the absence of the Chairman of the National
Assembly, chair the National Assembly.
(3) If the election of the Chairman and Vice-Chairman has not taken place,
or if both the positions have become vacant, the member of the National
Assembly who is by age the seniormost shall preside over the meeting of
the National Assembly.
(4) The office of the Chairman or the Vice-Chairman shall become vacant
in the following circumstances:
(a) if he ceases to be a member of the National Assembly; or
(b) if he submits a written resignation; or
(c) if a resolution is passed by a majority of two-thirds of the total
number of members of the National Assembly to the effect that his conduct
is not compatible with his position.
(5) The Vice-Chairman shall preside over a meeting at which deliberations
are to be held on a resolution that the conduct of the Chairman of the
National Assembly is not compatible with his position. The Chairman shall
be entitled to take part and vote in the deliberations on such resolution.
Article 53 Summoning and Prorogation of Sessions
and Dissolution of the House of Representatives
(1) His Majesty shall summon a session of parliament within one month
after the elections to the House of Representatives are held. Thereafter,
His Majesty shall summon other sessions from time to time in accordance
with this Constitution. Provided that the interval between two consecutive
sessions shall not be more than six months.
(2) His Majesty may prorogue the session of both or either of the Houses
of Parliament.
(3) If, during the prorogation or recess of the House of Representatives,
one-fourth of its members make a representation that it is appropriate
to convene a session or meeting, His Majesty shall specify the date and
time for such session or meeting, and the House of Representatives shall
meet or commence its session on the date and time thus fixed.
(4) His Majesty may dissolve the House of Representatives on the recommendation
of the Prime Minister. His Majesty shall, when so dissolving the House
of Representatives, specify a date, to be within six months, for new elections
to the House of Representatives.
Article 54 Address and Message by His Majesty
(1) His Majesty may address either House or a joint sitting of both the
Houses of Parliament, and He may summon the Members for that purpose.
(2) His Majesty shall address the first session after an election to the
House of Representatives, and a joint sitting of both the Houses of Parliament
after the commencement of the first session of each year.
(3) His Majesty may send messages to either or both the Houses of Parliament.
The House receiving such message shall, as early as possible, consider
the matter mentioned in the message and submit its opinion to His Majesty.
Article 55 Quorum
Except as otherwise provided in this Constitution, no resolution shall
be presented for decision in either House of Parliament
unless one-fourth of the total number of members of the concerned House
are present.
Article 56 Restriction on Discussion
(1) No discussion shall be held in either House of Parliament on the conduct
of His Majesty, Her Majesty the Queen and the heir apparent to His Majesty:
Provided that nothing in this Article shall be deemed to bar criticism
of His Majesty's Government.
(2) No discussion shall be held in either House of Parliament on a matter
which is under consideration in any court of Nepal.
(3) No discussion shall be held in either House of Parliament about anything
done by a Judge in course of performance of his duties: Provided that
nothing in this clause shall be deemed to bar the expression of opinion
about the conduct of a Judge during deliberations on a resolution held
pursuant to clause (7) of Article 87.
Article 57 Transaction of Business in case of
Vacancy of Members
Either House of Parliament shall have the power to transact its business
notwithstanding any vacancies in the seats of its members; and no proceedings
shall become invalid even if it is subsequently discovered that a person
not entitled to take part in the proceedings of either House had participated
therein.
Article 58 Voting
Except as otherwise provided in this Constitution, all questions submitted
for decision in either House of Parliament shall be decided by a majority
vote of the members present and voting. Normally the member presiding
shall not have the right to vote, but he may exercise his casting vote
in the case of tie.
Article 59 Vote of Confidence
(1) The Prime Minister, while he holds office, may, whenever he is of
the opinion that it is necessary or appropriate to obtain a vote of confidence
from the members of the House of Representatives, present a resolution
to that effect in the House of Representatives.
(2) One-fourth of the total number of members of the House of Representatives
may present in writing a no-confidence motion against the Prime Minister:
Provided that a no-confidence motion shall not be presented more than
once in the same session.
(3) A decision on a resolution presented pursuant to clauses (1) and (2)
shall be made by a majority of the total number of members of the House
of Representatives.
Article 60 Minister Entitled to Take Part in Both
Houses
A Minister shall be entitled to attend and take part in the proceedings
and deliberations of either House of the Parliament and its committees:
Provided that he shall not be entitled to vote in a House or committee
of which he is not a member.
Article 61 Penalty for Unauthorized Presence or
Voting
If a person sits or votes in a meeting of either House of Parliament as
a member without taking an oath pursuant to Article 50, or knowing that
he is not qualified for membership in the House, he shall, on order of
the person chairing the House, be liable to a fine of one thousand rupees
for each day of such presence or voting. The fine shall be recovered as
government dues.
Article 62 Privileges
(1) Subject to the provisions of this Constitution, there shall be full
freedom of speech in both Houses of Parliament and no member shall be
arrested, detained or prosecuted in any court for anything said or any
vote cast in the House.
(2) Subject to the provisions of this Constitution, each House of Parliament
shall have full power to regulate its internal business, and it shall
be the exclusive right of the House concerned to decide whether or not
any proceeding of the House is regular. No question shall be raised in
any court in this regard.
(3) Subject to the provisions of this Constitution, no comment shall be
made about the good faith concerning any proceeding of either House of
Parliament and no publication of any kind shall be made about anything
said by any member which intentionally distorts or misinterprets the meaning
of the speech.
(4) Subject to the provisions of this Constitution, the provisions of
clauses (1) and (3) shall also apply to any person, other than a member,
who is entitled to take part in a meeting of the House.
(5) No proceedings shall be initiated in any court against any person
for publication of any document, report, vote or proceeding which is made
under authority given, subject to the provisions of this Constitution,
by a House of Parliament. Explanation: For the purposes of this clause
and clauses (1), (2), (3) and (4), the word "House" shall mean and include
the committees of a House and shall also mean a joint sitting of Parliament
or a meeting of the Joint Committee.
(6) No member of Parliament shall be arrested between the date of issuance
of the summons for a session and the date on which that session closes:
Provided that nothing in this clause shall be deemed to prevent the arrest
under any law of any member on a criminal charge. If any member is so
arrested, the official making such arrest shall forthwith inform the person
chairing the concerned House.
(7) Any breach of privilege of either House of Parliament shall be deemed
to constitute contempt of Parliament and the concerned House shall have
the exclusive right to decide whether or not any breach of privilege has
taken place.
(8) If a person is in contempt of either House of Parliament, the Chairperson
of the concerned House may, after a decision by the House to that effect,
admonish, warn or impose a sentence of imprisonment not exceeding three
months, to remain effective only during the current session of the House,
or impose a fine of up to five thousand rupees on such person. The fine
shall be recovered as government dues:
Provided that if the person so accused submits an apology to the satisfaction
of the House, it may either pardon him or remit or commute the sentence
imposed on him.
(9) Other matters relating to privileges not mentioned in this Constitution
shall be as determined by law.
Article 63 Procedures relating to the Conduct
of Business
(1) Each House of Parliament shall, subject to the provisions of this
Constitution, frame rules for conducting its business, maintaining order
during its meetings and regulating the constitution, functions and procedures
of the committees or any other matter of the House or the committees.
Such rules shall come into effect upon approval by His Majesty.
(2) Matters relating to the conduct of business of a joint sitting of
Parliament and the constitution of its Joint Committee, and the functions
and procedures thereof shall be in accordance with rules made by His Majesty
on the recommendation of the Speaker of the House of Representatives and
the Chairman of the National Assembly.
(3) Until such time as rules mentioned in clauses (1) and (2) are made,
matters mentioned in those clauses shall be governed by rules made by
His Majesty .
Article 64 Committees
The House of Representatives may, by rules, regulate the constitution
and management of Committees on Finance, Public
Account, Human Rights, Foreign Relations, Natural Resources, Protection
of the Environment, Population and such committees on other subjects as
required.
Article 65 Joint-Committee
(1) If a resolution is passed by either House demanding that of both the
Houses be constituted for the purpose of managing the working procedure
between the two Houses, resolving disagreements on any Bill, or for any
other specified function, a Joint-Committee thereon shall be constituted.
(2) The Joint-Committee shall consist of up to a maximum of fifteen members
in the ratio of two-members from the House of Representatives to-one-member
from the National Assembly.
Article 66 Secretariat of Parliament
(1) His Majesty shall appoint the Secretary of the House of Representatives
on the recommendation of its Speaker, and the Secretary of the National
Assembly on the recommendation of its Chairman and the Secretary-General
of Parliament in consultation with both the Speaker and the Chairman.
(2) The establishment of a Secretariat for the purpose of conducting the
business of Parliament and other matters related thereto shall be as determined
by law.
Article 67 Remuneration
The remuneration and privileges of the Speaker and Deputy Speaker of the
House of Representatives, the Chairman and Vice-Chairman of the National
Assembly and members of Parliament shall be determined by law, and until
so determined, shall be as specified by His Majesty.
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