The
Constitution of the Kingdom of Nepal
Part 20 Miscellaneous
Article 117 Constitutional Council
(1) There shall be a Constitutional Council, for making recommendations
in accordance with this Constitution for appointment of officials to Constitutional
Bodies, which shall consist of the following as Chairman and members:
(a) the Prime Minister Chairman;
(b) the Chief Justice Member;
(c) the Speaker of the House of Representatives Member;
(d) the Chairman of the National Assembly Member; and
(e) the Leader of the Opposition in the House of Representatives Member.
(2) For the purpose of recommendation of an appointment of the Chief Justice,
the Constitutional Council shall include among its members the Minister
of Justice and a Judge of the Supreme Court.
(3) The functions, duties and powers of the Constitutional Council shall
be as determined by this Constitution and other laws.
(4) The Constitutional Council constituted pursuant to clause (1) shall
have the power to regulate its working procedures on its own.
Article 118 Provisions Regarding the Royal Nepal
Army
(1) There shall be a National Defence Council of Nepal consisting
of the following as Chairman and members: -
(a) the Prime Minister Chairman;
(b) the Defence Minister Member, and
(c) the Commander-in-Chief Member.
(2) His Majesty shall operate and use the Royal Nepal Army on the recommendation
of the National Defence Council.
(3) The establishment and management of the Royal Nepal Army, and other
matters relating thereto, shall be as determined by law.
(4) The National Defence Council shall have the power to regulate its
working procedures on its own.
Article 119 Supreme Command of the Royal Nepal
Army and Appointment of the Commander-in-Chief
(1) His Majesty is the Supreme Commander of the Royal Nepal Army.
(2) His Majesty shall appoint the Commander-in-Chief of the Royal Nepal
Army on the recommendation of the Prime Minister.
Article 120 Royal Nepalese Ambassadors and Emissaries
(1) His Majesty shall appoint the Royal Nepalese Ambassadors.
(2) His Majesty may designate a Royal Representative for representing
Him on special occasion, and may appoint a Special Emissary for a specified
purpose.
Article 121 Provisions Regarding Employees of
the Royal Palace
Matters relating to the conditions of service of the employees of the
Royal Palace including those of appointment, dismissal, salary, allowances,
leave and pension shall be as determined by rules made by His Majesty
at his discretion.
Article 122 Pardons
His Majesty shall have the power to grant pardons and to suspend, commute
or remit any sentence passed by any court, special court, military court
or by any other judicial, quasi-judicial or administrative authority or
institution.
Article 123 Titles, Honours and Decorations
(1) The titles, honours or decorations to be conferred on behalf of the
state shall be conferred by His Majesty.
(2) No citizen of Nepal shall, without the approval of His Majesty, accept
any title, honour or decoration from the government of any country.
Article 124 Constitution of the Civil Service
His Majesty's Government may, in order to run the administration of the
country, constitute services as may be required. The constitution, operation
and conditions of service thereof shall be as determined by an Act.
Article 125 Provisions Regarding Citizenship of
Officials of the Constitutional Bodies
In order to be eligible for appointment to constitutional positions under
this Constitution, a person must either be a citizen of Nepal by birth
or descent, or be a person who, as a naturalised citizen, has resided
in Nepal for at least ten years.
Article 126 Ratification of, Accession to, Acceptance
of or Approval of Treaty or Agreements
(1) The ratification of, accession to, acceptance of or approval of treaties
or agreements to which the Kingdom of Nepal or His Majesty's Government
is to become a party shall be as determined by law.
(2) The laws to be made pursuant to clause (1) shall, inter alia, require
that the ratification of, accession to, acceptance of or approval of treaties
or agreements on the following subjects be done by a majority of two-thirds
of the members present at a joint sitting of both Houses of Parliament:
-
(a) peace and friendship;
(b) defence and strategic alliance;
(c) boundaries of the Kingdom of Nepal; and
(d) natural resources, and the distribution of their uses.
Provided that out of the treaties and agreements referred to in sub-clauses
(a) and (d), if any treaty or agreement is of an ordinary nature, which
does not affect the nation extensively, seriously, or in the long term,
the ratification of, accession to, acceptance of or approval of such treaty
or agreement may be done at a meeting of the House of Representatives
by a simple majority of the members present.
(3) After the commencement of this Constitution, unless a treaty
or agreement is ratified, acceded to, accepted or approved in accordance
with this Article, it shall not be binding on His Majesty's Government
or the Kingdom of Nepal.
(4) Notwithstanding anything contained in clauses (1) and (2), no treaty
or agreement shall be concluded that is detrimental to the territorial
integrity of the Kingdom of Nepal.
Article 127 Power to Remove Difficulties
If any difficulty arises in connection with the implementation of this
Constitution, His Majesty may issue necessary Orders to remove such difficulty
and such Orders shall be laid before Parliament.
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