ARTICLE 116. Formation of the Constituent Assembly:
(1) There shall be a Constituent Assembly constituted to formulate a new Constitution by the Nepalese people themselves, subject to the provisions of this Constitution.
(2) After the commencement of this Constitution, the Election of the Constituent Assembly shall be held on the date as specified by the Government of Nepal.
(3) The Constituent Assembly shall consist of the following four hundred twenty five members, out of which four hundred and nine members shall be elected through Mixed Electoral System and sixteen members shall be nominated, as provided for in the law:-
- two hundred and five members shall be elected from among the candidates elected on the basis of First-Past-the-Post system from each of the Election Constituencies existed in accordance with the prevailing law before the commencement of this Constitution.
- two hundred and four members shall be elected under the proportional electoral system on the basis of the votes to be given to the political parties, considering the whole country as one election constituency.
- sixteen members to be nominated by the interim Council of Ministers, on the basis of consensus, from amongst the prominent persons of national life.
(4) The principle of inclusiveness shall be taken into consideration while selecting the candidates by the political parties pursuant to sub-clause (a) of clause (3) above, and while making the list of the candidates pursuant to sub-clause (b) above, the political parties shall have to ensure proportional representation of women, Dalit, oppressed tribes/indigenous tribes, backwards, Madhesi and other groups, in accordance as provided for in the law.
Notwithstanding anything contained in this clause, in case of women there should be at least one third of total representation obtained by adding the number of candidature pursuant to sub-clause (a) of clause (3) to the proportional representation pursuant to sub-clause (b) of clause (3).
(5) The election of the members of the Constituent Assembly shall be held through secret ballots, as provided for in the law.
(6) For the purpose of election of the Constituent Assembly, every Nepali citizen who has attained the age of eighteen years by the end of Mangsir, 2063 (15th December 2006) shall be entitled to vote, as provided for in the law.
(7) Subject to the provisions of this Article, election for the Constituent Assembly and other matters pertaining thereto shall be regulated as provided for in the law.
ARTICLE 117. Term of the Constituent Assembly:
Except otherwise dissolved earlier by a resolution passed by the Constituent Assembly, the term of the Constituent Assembly shall be two years from the date of its first meeting. Provided that the term of the Constituent Assembly may be extended having passed a resolution by the Constituent Assembly, up to an additional six months period in case the task of drafting the Constitution is not completed due to the proclamation of a State of Emergency in the Country.
ARTICLE 118. Qualifications of the Members:
Any person should possess the following qualifications in order to become a member of the Constituent Assembly:
(a) Nepali citizen,
(b) attained at least twenty five years of age,
(c) not have been punished on any criminal charge of moral turpitude,
(d) not holding an office of profit.
Explanation: For the purpose of sub-clause (d),"office of profit" means any position, other than a political position, to be filled by election or nomination for which remuneration or economic benefit is paid out of a Government Fund.
ARTICLE 119. Decision about Disqualification of Members :
If a question arises as to whether any member of the Constituent Assembly is disqualified or has ceased to possess any of the qualifications set forth in Article 65, the final decision shall be made by the Constituent Assembly Court.
ARTICLE 120. Vacation of Seat of the Member:
The seat of a member of the Constituent Assembly shall be deemed to be vacant in the following circumstances:
(a) If he/she resigns in writing,
(b) If he/she does not, or has ceased to, possess the qualifications referred to in Article 65,
(c) If he/she, without notification to the constituent Assembly, remains absent for ten consecutive meetings of it,
(d) If the party of which he/she was a member when elected provides notification in the manner set forth by law that he/she has abandoned the party, or notifies that he/she no longer holds the membership of the party,
(e) If he/she dies,
Explanation: The provision contained in sub-clause (d) above shall not be applicable to the Chairperson or Vice Chairperson of the Constituent Assembly.
ARTICLE 121. Oath to the Members:
Every member of the Constituent Assembly shall, before taking part for the first time in a meeting of that Assembly or any of its committees, take an oath as provided for in the law.
ARTICLE 122. Meeting of the Constituent Assembly:
(1) The first meeting of the Constituent Assembly shall be held, as summoned by the Prime Minister, within twenty one days of the final results of the election of members of the Constituent Assembly has been made public by the election commission, and the subsequent meetings shall be held on such a date and place as prescribing by the person presided over the Constituent Assembly.
(2) Notwithstanding anything contained in clause (1) above, if one-fourth of the members of the Constituent Assembly make an application, with reason, before the Chairperson of the Constituent Assembly stating that it is appropriate to convey a meeting of the Constituent Assembly, the Chairperson shall convene such meeting within fifteen days.
ARTICLE 123. Procedure for Passing of Bill Relating to the Constitution:
(1) The Constituent Assembly shall, in order to pass a Bill relating to the Constitution, carry out voting in the Preamble and each Article of such a Bill introduced before it.
(2) In order to carrying out the voting pursuant to clause (1) above, at least two-thirds of the total members of the Constituent Assembly existing for the time being should be present and the Bill should be passed unanimously.
(3) If unanimous decision pursuant to clause (2) above, regarding the Preamble or any Article of the Bill relating to the Constitution is not attained, the leader of the Parliamentary Party of the political parties representing the Constituent Assembly shall consult each other to achieve consensus in such matters.
(4) The consultation to be held pursuant to clause (3) above, should be completed within a maximum of fifteen days from such date wherein the unanimous decision could not be reached.
(5) If consultation is carried out pursuant to clause (4) above, revoting for the Preamble or any Article of such a Bill shall be done within seven days from the date of the completion of such consultation.
(6) Even after carrying out the voting pursuant to clause (5) above, an unanimous decision is not reached as provided in clause (2) above, there shall be re-voting for such Preamble or Article for which an unanimous decision could not be reached, and in such voting, if at least two-thirds of the total membership of the Constituent Assembly existing for the time being were presented in the meeting, and out of them if at least two-third majority of the members voted in favour, it shall be deemed to have passed such Preamble or Article.
(7) For the purpose of this Article, during the voting regarding the Preamble and any Articles of the Bill relating to Constitution, introduced in the Constituent Assembly, if none of the members voted against the Preamble and any of its Articles, it shall be deemed to have reached in a unanimous decision.
ARTICLE 124. Chairperson and Vice Chairperson of the Constituent Assembly:
(1)The Constituent Assembly shall, before commencement of its work of formulating the Constitution, elect a Chairperson and a Vice Chairperson from among its members.
(2) In the election to be carried out pursuant to clause (1) above, the Chairperson and Vice Chairperson shall be elected from different political parties representing in the Constituent Assembly,
(3) If the election of the Chairperson and Vice Chairperson has not taken place pursuant to clause (1) above, the member of the Constituent Assembly who is by age the seniormost shall preside over the meeting of the Constituent Assembly.
(4) The Chairperson and Vice Chairperson shall, while performing their duty in accordance with this Constitution, act as a neutral person without being involved in favour or against any political parties.
ARTICLE 125. Vacation of the Office of Chairperson and Vice Chairperson:
(1) The office of the Chairperson and Vice Chairperson shall be vacant in the following circumstances:
- if he/she submits a written resignation,
- if he/she ceases to be a member of the Constituent Assembly,
- if a resolution is passed by a majority of at least two-thirds of the total number of the members in the Constituent Assembly to the effect that his or her conduct is not compatible with his or her position., or
- if he/she dies.
(2) The Vice Chairperson or any other member shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the Chairperson of the Constituent Assembly is not compatible to his/her position, and the Chairperson shall be entitled to take part and vote in the deliberations on such resolution.
ARTICLE 126. Quorum:
Except as otherwise provided in this Part, no quorum shall deemed to be achieved or no resolution shall be presented for decision unless at least one-fourth of the total number of members are present.
ARTICLE 127. Transaction of Business of the Constituent Assembly in the case of vacancy of Members:
The Constituent Assembly shall have the power to carryout its business notwithstanding any vacancies in the seat of its members, and no proceedings shall become invalid even if it is subsequently found that a person not entitled to take part in the proceedings had participated.
ARTICLE 128. Voting:
Except as otherwise provided in this Part, all questions submitted for decision in the Constituent Assembly shall be decided by a majority vote of the members present and voting. Normally the member presiding shall not have the right to vote. Provided that he/she shall exercise the casting vote in case of tie.
ARTICLE 129. Penalty for Unauthorized Presence or Voting:
If a person presents or votes in the meetings of Constituent Assembly or any of its committee as a member without taking an oath pursuant to Article 67, or knowing that he/she is not qualified for membership in the Constituent Assembly, he/she shall, on the ruling of the person chairing the meeting, be liable to a fine of five thousand rupees for every such presence or voting. The fine shall be recovered as government dues.
ARTICLE 130. Privileges:
(1) There shall be full freedom of speech in the meeting of the Constituent Assembly and no member shall be arrested, detained or prosecuted in any court for anything expressed or for any vote cast in that meeting.
(2) The meeting of Constituent Assembly shall have full power to regulate its internal business, and it shall be the exclusive right to decide whether or not any proceeding of the Constituent Assembly is regular. No question shall be raised in any court in this behalf.
(3) No comment shall be made about the good faith regarding any proceedings of the Constituent Assembly and no publication of any kind shall be made about anything expressed by any member which intentionally distorts or misinterprets the meaning of the expression.
(4) 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 delegated by the Constituent Assembly.
Explanation: For the purposes of clauses (1), (2), (3) and (4) above, the words "meeting of the Constituent Assemblyâ€ shall mean the meeting of the Constituent Assembly and any of its committee.
(5) No member of the Constituent Assembly shall be arrested during the session of the Constituent Assembly. 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 immediately inform the person chairing the Constituent Assembly.
(6) Any breach of privilege stated in this Article shall be deemed to constitute contempt of the Constituent Assembly and the breach of privilege of Constituent Assembly shall be considered as the contempt of the Constituent Assembly. The Constituent Assembly shall have the exclusive right to decide whether or not any breach of privilege has taken place.
(7) If a person is in contempt of the Constituent Assembly, the person who is chairing the meeting to that effect may, after a decision by the meeting, admonish, warn or impose a sentence of imprisonment not exceeding three months or impose a fine of up to ten thousand rupees on such person. If the fine is not paid by such person, it shall be recovered as government dues. Provided that if the person so accused submits an apology to the satisfaction of the Constituent Assembly, it may either pardon him/her or remit or commute the sentence imposed on him/her.
(8) Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.
ARTICLE 131. Procedure Relating to the Conduct of Business:
The Constituent Assembly shall, subject to the provisions of this Constitution, frame rules for conducting its business, maintaining order during its meetings and regulating the constitution, functions, procedures and any other matters of the committees. Until such time as rules are made, the Constituent Assembly shall establish its own rules of procedures.
ARTICLE 132. Committee:
There shall be required numbers of Committees and Sub- Committees in the Constituent Assembly as provided for in the law. Services of the experts may be obtained as per requirement.
ARTICLE 133. Secretariat of the Constituent Assembly:
(1) There shall be a secretariat to conduct the business of the Constituent Assembly. The establishment of the Secretariat and other matters related thereto shall be as determined by law.
(2) The Government of Nepal shall make available the necessary personnel required to conduct and manage the business of the Constituent Assembly.
ARTICLE 134. Remuneration:
The remuneration and privileges of the Chairperson, Vice Chairperson, Members and the Chairperson of the Committees of the Constituent Assembly shall be as provided for in the law, and until so provided, it shall be as determined by the Government of Nepal.
ARTICLE 135. Dissolution of the Constituent Assembly:
On the day of the commencement of the Constitution promulgated by the Constituent Assembly, the task given to the Constituent Assembly shall come to an end. Provided that until the election of the Legislature-Parliament held in accordance with the Constitution promulgated by the Constituent Assembly, the proceedings of the Legislature-Parliament shall be conducted as specified in the Constitution promulgated by the Constituent Assembly.
ARTICLE 136. Act in the Capacity of the Legislature-Parliament:
(1) Notwithstanding anything contained elsewhere in this Part, the Constituent Assembly shall also act as Legislature-Parliament until the Constituent Assembly remains in force, and the Constituent Assembly may constitute a separate committee to conduct necessary regular legislative functions.
(2) The Chairperson and Vice Chairperson of the Constituent Assembly shall be the Speaker and Deputy Speaker of the Legislature-Parliament respectively.
(3) The Secretariat of the Constituent Assembly and the personnel therein shall also be the Secretariat and personnel of the Legislature- Parliament.
(4) When acting in the capacity of the Legislature- Parliament by the Constituent Assembly, the provisions contained in Part 9 shall be applicable to the Assembly with necessary modifications.