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Part-7| Federal executive- The constitution of Nepal 2072/2015

Part-7
Federal Executive
74. Form of government: The form of government of Nepal shall be multi-party,
competitive, federal, democratic, republican, parliamentary form of
government based on pluralism.
75. Executive power: (1) The executive power of Nepal shall, pursuant to this
Constitution and law, be vested in the Council of Ministers.
(2) The responsibility for issuing general directives, controlling and
regulating the governance of Nepal shall, subject to this Constitution and law,
lie in the Council of Ministers.
(3) All Federal executive functions of Nepal shall be performed in
the name of the Government of Nepal.
(4) Any decision or order to be issued in the name of the
Government of Nepal pursuant to clause (3) and other instruments of
authorization pertaining thereto shall be authenticated as provided for in the
Federal law.
76. Constitution of Council of Ministers: (1) The President shall appoint the leader
of a parliamentary party that commands majority in the House of
Representatives as the Prime Minister, and the Council of Ministers shall be
constituted under his or her chairpersonship.
(2) In cases where no party has a clear majority in the House of
Representatives under clause (1), the President shall appoint as the Prime
Minister a member of the House of Representatives who can command
majority with the support of two or more parties representing to the House of
Representatives.
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(3) In cases where Prime Minister cannot be appointed under clause
(2) no later than thirty days after the date of declaration of the final results of
election to the House of Representatives or the Prime Minister so appointed
fails to secure a vote of confidence under clause (4), the President shall appoint
as the Prime Minister the parliamentary party leader of the party which has the
highest number of members in the House of Representatives.
(4) The Prime Minister appointed under clause (2) or (3) shall obtain
a vote of confidence from the House of Representatives no later than thirty
days after the date of such appointment.
(5) In cases where the Prime Minister appointed under clause (3)
fails to obtain a vote of confidence under clause (4) and any member under
clause (2) presents a ground on which he or she can obtain a vote of confidence
in the House of Representatives, the President shall appoint such member as
the Prime Minister.
(6) The Prime Minister appointed under clause (5) must obtain a
vote of confidence under clause (4).
(7) In cases where the Prime Minister appointed under clause (5)
fails to obtain a vote of confidence or the Prime Minister cannot be appointed,
the President shall, on recommendation of the Prime Minister, dissolve the
House of Representatives and appoint a date of election so that the election to
another House of Representatives is completed within six months.
(8) Procedures on the appointment of the Prime Minister under this
Article must be completed no later than thirty five days after the date of
declaration of the final results of election to the House of Representatives held
under this Constitution or the date on which the office of the Prime Minister
has fallen vacant.
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(9) The President shall, on recommendation of the Prime Minister,
constitute the Council of Ministers comprising a maximum of twenty five
Ministers including the Prime Minister, in accordance with the inclusive
principle, from amongst the members of the Federal Parliament.
Explanation: For the purposes of this Article, “Minister” means a Deputy
Prime Minister, Minister, Minister of State and Assistant Minister.
(10) The Prime Minister and Ministers shall be collectively
responsible to the Federal Parliament, and the Ministers shall be individually
responsible for the work of their respective Ministries to the Prime Minister
and the Federal Parliament.
77. Vacation of office of Prime Minister and Minister: (1) The office of the Prime
Minister shall be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if a vote of confidence is not passed or a vote of no-confidence is
passed against him or her under Article 100,
(c) if he or she ceases to be a member of the House of
Representatives,
(d) if he or she dies.
(2) The office of a Minister shall be vacant in any of the following
circumstances:
(a) if he or she tenders resignation in writing to the Prime Minister,
(b) if the Prime Minister removes him or her from office,
(c) if the office of Prime Minister falls vacant under sub-clause (a),
(b) or (c) of clause (1),
(d) if he or she dies.
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(3) If the office of Prime Minister falls vacant under clause (1), the
same Council of Ministers shall continue to act until another Council of
Ministers is constituted.
Provided that if the Prime Minister dies, the senior-most Minister shall
act as the Prime Minister until a new Prime Minister is appointed.
78. Non-member of Federal Parliament to be Minister: (1) Notwithstanding
anything contained in clause (9) of Article 76, the President may, on
recommendation of the Prime Minister, appoint a person who is not a member
of the Federal Parliament as a Minister
(2) A Minister appointed under clause (1) must obtain membership
of the Federal Parliament within six months from the date of taking oath by
him or her.
(3) In the event of failure to obtain membership of the Federal
Parliament within the period mentioned in clause (2), he or she shall not be
qualified to be reappointed to the office of Minister during the term of the then
House of Representatives.
(4) Notwithstanding anything contained in clause (1), a person who
has been defeated in the election to the then House of Representatives shall not
be qualified to be appointed to the office of Minister during the term of such
House of Representatives.
79. Remuneration and other facilities of Prime Minister and Ministers: The
remuneration and other facilities of the Prime Minister and Ministers shall be
as provided for in the Federal Act, and shall be as specified by the Government
of Nepal until such Act is made.
80. Oath: The Prime Minister, Deputy Prime Minister and Ministers shall take an
oath of office and secrecy before the President, and Ministers of State and
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Assistant Ministers, before the Prime Minister, as provided for in the Federal
law, prior to assuming their respective offices.
81. To inform President: The Prime Minister shall inform the President about the
following matters:
(a) resolutions of the Council of Ministers,
(b) Bills to be introduced in the Federal Parliament,
(c) such other necessary information as commanded by the President
on matters set forth in clauses (a) and (b), and
(d) current general state of affairs of the country and matters
concerning foreign relations.
82. Transaction of business of Government of Nepal: (1) The business of the
Government of Nepal shall be allocated and transacted in accordance with the
rules approved by the Government of Nepal.
(2) No question may be raised in any court as to whether or not the
rules under clause (1) have been observed.

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