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The Constitution of the Kingdom of Nepal

Part 21 Transitional Provisions

Article 128 Provisions Regarding The Council of Ministers

(1) The Council of Ministers existing at the commencement of this Constitution shall be deemed to have been constituted under this Constitution.
(2) If, for any reason the Council of Ministers referred to in clause (1) is dissolved, His Majesty shall constitute a new Council of Ministers consisting of representatives from the main political parties.
(3) A Council of Ministers constituted under clause (2) above shall consist of a Prime Minister and, on his recommendation, other Ministers, State Ministers and Assistant Ministers as may be required.

Article 129 Making of Laws until the First Session of Parliament
After the commencement of this Constitution, His Majesty shall have the power to enact laws as required on the recommendation and advice, and with the consent of the Council of Ministers until the commencement of the first session of Parliament.

Article 130 Provisions Regarding Constitutional Bodies and Officials thereof Appointed Pursuant to the Constitution of Nepal (1962)

(1) The Constitutional Bodies and officials thereof subsisting at the commencement of this Constitution, but which are not reestablished under this Constitution, shall cease to subsist after the commencement of this Constitution; and the officials working in the Constitutional Bodies which continue to subsist in accordance with this Constitution shall stand relieved of their offices if not reappointed within nine months of the commencement of this Constitution:
Provided that His Majesty may, if necessary, relieve any constitutional official before the expiry of the said period.
(2) The Council of Ministers shall exercise the functions, duties and powers of the Constitutional Council until the commencement of the first session of Parliament after the elections held in accordance with this Constitution.
(3) Pending the making of arrangements as to the Appellate Courts pursuant to Article 89, the Zonal Courts and Regional Courts constituted under the Judicial Administration Reforms Act, 1975 shall remain in operation as they were, and the Judges working in those courts shall continue to hold their positions.
(4) The District Courts existing at the commencement of this Constitution shall, until otherwise provided by law, continue to subsist, and the Judges working in those Courts shall continue to hold their positions until a different arrangement is made.
(5) Petitions and complaints pending in the Prevention of Abuse of Authority Commission shall be transferred to the Commission for the Investigation of Abuse of Authority.
(6) Cases which are pending in the Prevention of Abuse of Authority Commission shall be transferred to the Central Regional Court existing under clause (3), and the Regional Court shall decide those cases in accordance with the existing law.
(7) Appeals, and petitions relating thereto pending in the Prevention of Abuse of Authority Appellate Court shall be transferred to the Supreme Court and the Supreme Court shall decide those appeals and petitions in accordance with the existing law.
(8) Petitions registered with the Judicial Committee in accordance with law and pending therein shall be transferred to the Supreme Court after the commencement of the Constitution, and if the Supreme Court deem appropriate, it shall, in exercising its power of review, decide those petitions.

Article 131 Existing Laws to Remain in Operation
All laws in force at the commencement of this Constitution shall remain in operation until repealed or amended:
Provided that laws inconsistent with this Constitution shall, to the extent of inconsistency, ipso-facto cease to operate one year after the commencement of this Constitution.