Transitional Provisions

ARTICLE 160. Provisions Regarding the King:
(1) No power regarding the governance of the country shall be vested in the king.
(2) The Prime Minister shall perform all works pertaining to the governance and operation of the country.
(3) Notwithstanding anything contained elsewhere in this Constitution, the simple majority in the first meeting of the Constitutional Assembly shall take decision about whether or not to give continuation to the monarchy.
(4) The property of late King Birendra, late Queen Aishwarya and  other members of their family shall be brought under the control of the Government of Nepal, and a Trust shall be established to use the property for the benefit of the nation.
(5) All the property acquired by King Gyanendra in the capacity of the King (for instance: the palaces in different parts of the country, forests and national parks, heritage sites of historical and anthropological importance etc.) shall be nationalized.

ARTICLE 161. Provisions Regarding the Council of Ministers  
(1) The Council of Ministers existing at the time of the commencement of this Constitution shall be deemed to have been constituted under this Constitution.
(2) The Council of Ministers constituted pursuant to clause (1) above, shall continue to work until the Council of Minister is constituted under Article 38.

ARTICLE 162. Provisions Regarding the Legislature-Parliament:  
(1)Immediate after the commencement of this Constitution, the Legislature-Parliament shall be constituted under this Constitution.
(2) After the commencement of this Constitution, the existing House of Representatives and the National Assembly shall automatically be dissolved, and the first meeting of the Legislature-Parliament under this Constitution shall convene on the same day.
(3) The Bills that were under consideration in the House of Representatives at the time of the commencement of this Constitution shall be transferred to the Legislature-Parliament under this Constitution.
(4) The Parliament Secretariat and officials and the staff working in the Secretariat at the time of the commencement of this Constitution shall be deemed as the Secretariat of the Legislature-Parliament and the officials and staff of the Secretariat shall be deemed to have been maintained under this Constitution.

ARTICLE 163. Provisions Regarding Judiciary:  
(1) The Supreme Court, Appellate Court and District Courts subsisting at the time of the commencement of this Constitution shall be deemed to have been constituted under this Constitution, and this Constitution shall not be deemed to be hindering to make the decisions by the concerned courts on the cases filed prior to the commencement of this Constitution.
(2) The Judges working in the Supreme Court, Appellate Courts  and District Courts, after the commencement of this Constitution, shall take an oath of commitment to this Constitution as determined by the Government of Nepal. The Judges who decline to take oath shall be considered automatically relieved from the position.
(3) Necessary legal arrangements shall be made on the basis of democratic norms and values to bring about gradual reforms in the judicial sector to make it independent, clean, impartial and competent.

ARTICLE 164. Provisions Regarding the Constitutional Bodies and Officials
(1) The Constitutional Bodies and officials thereof subsisting at the time of the commencement of this Constitution, but which are not reestablished under this Constitution, shall cease to exist after the commencement of this Constitution.
(2) The Constitutional Bodies subsisting at the time of the commencement of this Constitution shall be deemed to have been constituted under this Constitution, and this Constitution shall not be deemed to be hindering in the continuation to look after the matters under consideration of such Bodies according to the laws in force. Necessary legal arrangements shall be made to bring about gradual reform in the Constitutional Bodies and the officials thereof, according to democratic norms and values.
(3) The subsisting National Human Rights Commission constituted according to existing laws shall continue to exist until the constitution of a National Human Rights Commission as provided for in this Constitution, and the pending petitions and complaints shall be transferred to the National Human Rights Commission constituted under this Constitution; and the Commission shall take up the matters of such petitions and complaints in accordance with this Constitution and the laws made under it.

ARTICLE 165. Existing laws to Remain in Operation:  
(1) The decisions made and works performed by the reinstated House of Representatives that are not inconsistent with this Constitution shall be deemed to have made and performed in accordance with this Constitution.
(2) All the laws in force at the time of 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 three months after the commencement of this Constitution.