Provions Regarding the Army

ARTICLE 144. Formation of Nepal Army:
(1) There shall be a Nepal Army in Nepal as an institution.
(2) The Council of Ministers shall appoint the Commander-in-Chief of the Nepal Army.
(3) The Council of Ministers shall control, mobilize and manage the Nepal Army in accordance with the law. The Council of Ministers shall, with the consent of the political parties and by seeking the advice of the concerned committee of the Legislature-Parliament, formulate an extensive work plan for the democratization of the Nepal Army and implement it.
(4) In the case of formulating and implementing the action plan pursuant to clause (3) above, determination of the appropriate number of Nepal Army, its democratic structure and national and inclusive character shall be developed, and training shall be imparted to the army in accordance with the norms and values of democracy and human rights.
(5) The other matters pertaining to the Nepal Army shall be as provided for in the law.

ARTICLE 145. National Defense Council:
(1) There shall be a National Defense Council in order to recommend the Council of Ministers for mobilization, operation and use of the Nepal Army Consisting with the following chairman and members:-
  1. Prime Minister Chairman
  2. Defense Minister Member
  3. Home Minister Member
  4. Three ministers nominated by the Prime Minister Members
(2) In case the Prime Minister and the Defense Minister would be the same person, the senior most member of the Council of Ministers shall be the member of the National Defense Council.
(3) If the National Defense Council deems necessary, it may invite other persons at the meeting of the Council.
(4) The Secretary of the Ministry of Defense shall work as the Secretary of the National Defense Council, and, in his/her absence, the officer designated by the Prime Minister shall carry out such work.
(5) Except in the case of mobilization of Nepal Army for the reason of natural calamities, the decision made by the Council of Ministers of the Government of Nepal for the mobilization of the army shall have to be presented to the special committee prescribed by the Legislature- Parliament within a month of the decision, and be approved accordingly.
(6) The National Defiance Council may regulate its working procedures on its own.

ARTICLE 146. Interim Provision for the Combatants:
The Council of Minister shall form a special committee to supervise, integrate and rehabilitate the combatants of the Maoist Army, and the functions, duties and powers of the committee shall be as determined by the Council of Ministers.

ARTICLE 147. Management and Monitoring:
The other arrangements pertaining to the management and monitoring of the army and its arsenal shall be done in accordance with the "Comprehensive Peace Accords" (Bishtrit Shanti Samjhauta) concluded between the Government of Nepal and Nepal Communist Party (Maoist) on 5 Mangsir 2063 (November 21, 2006) and the agreement regarding the ‘Monitoring of Arms and Army Management' reached on 22 Mangsir 2006 (December 8, 2006).