83.
Federal Legislature: There shall be a Federal Legislature
consisting of two
Houses to be
known as the House of Representatives and the National Assembly,
which shall be
called as the Federal Parliament.
84.
Composition of House of Representatives: (1) The House
of Representatives
shall consist
of a total of two hundred and seventy five members, as follows:
(a) One hundred
and sixty five members to be elected through the first
past the post
electoral system, with one being elected from each
election
constituency of one hundred and sixty five election
constituencies
delimited in the country on the basis of geography
and population,
(b) One hundred
and ten members to be elected through the proportional
electoral
system where voters vote for political parties, with the
whole country
being considered as a single election constituency.
(2) The Federal
law shall provide that, in fielding candidacy by political
parties for the
election to the House of Representatives under the proportional
electoral
system, representation shall be ensured on the basis of a closed list also
from women, Dalit,
indigenous peoples, Khas Arya, Madhesi, Tharu, Muslims and
backward
regions, on the basis of population. In so fielding candidacy, regard
shall also be
had to geography and territorial balance.
Explanation:
For the purposes of this clause, "Khas Arya" means Kshetri,
Brahmin,
Thakuri, Sanyasi (Dashnami) community.
(3) In fielding
candidacy under clause (2), political parties shall provide
for
representation of the persons with disabilities as well.
(4) Election to
the House of Representatives under clause (1) shall be
held through
secret ballots in accordance with law.
57
(5) Each
citizen of Nepal who has completed the age of eighteen years
shall have the
right to vote in any one election constituency as provided for in the
Federal law.
(6) A person
who is qualified under Article 87 and entitled to vote in an
election to the
members of the House of Representatives may, subject to the
Federal law, be
a candidate in any election constituency.
Provided that a
person shall not be a candidate in more than one election
constituencies
at the same time.
(7) If the seat
of any member of the House of Representatives falls
vacant while
its term still remains for more than six months, the vacancy shall be
filled in the
same manner of electoral system as in which such seat was filled in.
(8)
Notwithstanding anything contained elsewhere in this Part, at least
one third of
the total number of members elected from each political party
representing in
the Federal Parliament must be women. If women are not so
elected as to
constitute one third of the elected members of any political party
under
sub-clause (a) of clause (1) and sub-clause (a) of clause (2) of Article 86,
such political
party must, in electing members under sub-clause (b) of clause (1),
so elect that
women members constitute at least one third of the total number of
members elected
to the Federal Parliament from that party.
(9) Election to
the House of Representatives and other matters
pertaining
thereto shall be as provided for in the Federal law.
85.
Term of House of Representatives: (1) Unless dissolved
earlier pursuant to this
Constitution,
the term of the House of Representatives shall be five years.
(2)
Notwithstanding anything contained in clause (1), the term of the
House of
Representatives may be extended by a Federal Act for a period not
exceeding one
year in cases where a proclamation or order of a state of emergency
is in effect.
58
(3) The term of
the House of Representatives extended under clause (2)
shall ipso
facto expire upon the expiry of six months from the date of voidance of
the
proclamation or order of the state of emergency.
86.
Composition of National Assembly and term of office of its members: (1)
The
National
Assembly shall be a permanent House.
(2) The
National Assembly shall consist of fifty nine members as
follows:
(a) fifty six
elected members consisting of at least three women, one
Dalit and one
from persons with disabilities or minorities, from each
State by an
electoral college composed of members of the State
Assembly,
chairpersons and vice-chairpersons of the Village Bodies,
and Mayors and
Deputy-Mayors of the Municipalities, with different
weight age of
vote by members of the State Assembly, chairpersons
and
vice-chairpersons of the Village Bodies, and Mayors and
Deputy-Mayors
of the Municipalities, as provided for inthe Federal
law,
(b) Three
members consisting of at least one woman nominated by the
President on
recommendation of the Government of Nepal.
(3) The term of
office of the members of the National Assembly shall be
six years. The
term of office of one third of the members of the National Assembly
shall expire in
every two years.
Provided that,
for the first time, after the commencement of this
Constitution,
arrangements shall be made by drawing lots to retire one-third of the
members on the
expiry of two years, another one-third on the expiry of four years,
and the final
one-third on the expiry of six years.
(4) In
computing the term of office of the members of the National
Assembly for
the first time after the commencement of this Constitution, the term
59
of office of
all members shall be deemed to have commenced on the day on which
the first
session of the National Assembly is held.
(5) Any vacancy
of seat in the National Assembly shall be filled for the
remainder of
the term of office in the same manner of election or nomination as in
which the seat
of the vacating member was filled.
(6) Other
matters relating to election to the members of the National
Assembly shall
be as provided for in the Federal law.
87.
Qualification for member :(1) A person who has the following
qualification shall
be qualified to
become a member of the Federal Parliament:
(a) being a
citizen of Nepal,
(b) having
completed the age of twenty five years, for the House of
Representatives,
and the age of thirty five years, for the National
Assembly,
(c) not having
been convicted of a criminal offense involving moral
turpitude,
(d) not being
disqualified by any Federal law, and
(e) not holding
any office of profit.
Explanation:
For the purposes of this clause, "office of profit" means any
position,
other than a
political position which is to be filled by election or nomination, for
which a
remuneration or economic benefit is paid out of a government fund.
(2) No person
may be a member of both Houses at the same time.
(3) If a person
who holds a political office to be filled by way of
election,
nomination or appointment is elected or nominated as a member of the
Federal
Parliament under this Part, his or her such office shall ipso facto be
vacant
from the day on
which he or she takes an oath of office of member of the Federal
Parliament.
60
88.
Oath: Every member of each House of the Federal Parliament must,
before taking
part for the
first time in the session of the House or any of its committees, take an
oath as
provided for in the Federal law.
89.
Vacation of seat: The seat of a member of the Federal
Parliament shall become
vacant in any
of the following circumstances:
(a) if he or
she tenders resignation in writing before the Speaker or
Chairperson,
(b) if he or
she is no longer qualified or ceases to possess the
qualification
under Article 87,
(c) if the term
of the House of Representatives or the term of office of
the member of
the National Assembly expires,
(d) if he or
she absents himself or herself from ten consecutive
meetings,
without giving notice to the concerned House,
(e) if the
political party of which he or she was a member when elected
provides a
notification in accordance with the Federal law that he or
she has
defected from the party,
(f) if he or
she dies.
90.
Decision as to disqualification of member: If a question
arises as to whether any
member of the
Federal Parliament is disqualified or has become disqualified under
Article 87, the
Constitutional Bench of the Supreme Court shall finally decide that
question.
91.
Speaker and Deputy Speaker of House of Representatives: (1)
The members of
the House of
Representatives shall, not later than fifteen days of the date of
holding of the
first meeting of the House of Representatives, elect a Speaker and a
Deputy Speaker
from amongst themselves.
61
(2) Election
under clause (1) shall be so held that there is one woman
out of the
Speaker and the Deputy Speaker, and the Speaker and the Deputy
Speaker of the
House of Representatives shall be representatives from different
parties.
Provided that
if there is no representation of more than one party in the
House of
Representatives or no candidacy is filed by more than one party in spite
of
representation, nothing shall prevent the members of the same party from being
the Speaker and
the Deputy Speaker of the House of Representatives.
(3) If the
office of the Speaker or the Deputy Speaker falls vacant,the
members of the
House of Representatives shall fill the vacancy by electing the
Speaker or
Deputy Speaker from amongst themselves.
(4) The Deputy
Speaker shall, in the absence of the Speaker, chairthe
House of
Representatives.
(5) If election
to the Speaker and the Deputy Speaker is not held or if
both the
positions become vacant, the attending member who is by age the seniormost
shall chair the
meeting of the House of Representatives.
(6) The office
of the Speaker or Deputy Speaker of the House of
Representatives
shall become vacant in any of the following circumstances:
(a) if he or
she ceases to be a member of the House of Representatives,
Provided that,
in the event of dissolution of the House of
Representatives,
the Speaker and the Deputy Speaker of the House
of
Representatives holding their respective offices shall continue in
office until
the previous day of the filing of nominations for another
election to the
House of Representatives,
(b) if he or
she tenders resignation in writing,
(c) if a
resolution is passed by a majority of two-thirds of the total
number of the
then members of the House of Representatives that his
or her conduct
is not compatible with his or her office.
62
(7) The Deputy
Speaker shall chair a meeting at which deliberations are
to be held on a
resolution that the conduct of the Speaker of the House of
Representatives
is not compatible with his or her office. The Speaker of the House
of
Representatives may take part and vote in the deliberations on such resolution.
92.
Chairperson and Vice-Chairperson of National Assembly: (1)
The members of
the National
Assembly shall, not later than fifteen days of the date of holding of its
first meeting,
elect the Chairperson and the Vice-Chairperson of the National
Assembly from
amongst themselves.
(2) Election
under clause (1) shall be so held that there is one woman
out of the
Chairperson and the Vice-Chairperson of the National Assembly.
(3) If the
office of the Chairperson or Vice-Chairperson of the National
Assembly falls
vacant, the members of the National Assembly shall fill the
vacancy by
electing its Chairperson or Vice-Chairperson from amongst
themselves.
(4) The
Vice-Chairperson of the National Assembly shall, in the
absence of its
Chairperson, chair the National Assembly.
(5) If the
election to the Chairperson and the Vice-Chairperson of the
National
Assembly is not held or if both the positions becomes vacant, the
member who is
by age the senior-most out of the attending members shall chair
the meeting of
the National Assembly.
(6) The office
of the Chairperson or Vice-Chairperson of the National
Assembly shall
become vacant in any of the following circumstances:
(a) if he or
she ceases to be a member of the National Assembly,
(b) if he or
she tenders resignation in writing,
(c) if a
resolution is passed by a majority of two-thirds of the total
number of the
then members of the National Assembly that his or
her conduct is
not compatible with his or her office.
63
(7) The
Vice-Chairperson of the National Assembly shall chair a
meeting at
which deliberations are to be held on a resolution that the conduct of
the Chairperson
of the National Assembly is not compatible with his or her office.
The Chairperson
of the National Assembly may take part and vote in the
deliberations
on such resolution.
93.
Summoning and prorogation of session: (1) The President
shall summon a
session of the
Federal Parliament within thirty days of the declaration of final
results of the
election to the House of Representatives. Thereafter, the President
shall, from
time to time, summon sessions of both or either of the Houses pursuant
to this
Constitution.
Provided that
the interval between the two consecutive sessions shall not
exceed six
months.
(2) The
President may prorogue the sessions of both or either of the
Houses of the
Federal Parliament.
(3) If, during
the prorogation or recess of the session of the House of
Representatives,
one-fourth of the total number of its members write a petition that
it is desirable
to convene a session or meeting, the President shall specify the date
and time for
such session or meeting. The House of Representatives shall meet or
commence its
session at the date and time so specified.
94.
Quorum: Except as otherwise provided in this Constitution, no
question or
resolution
shall be presented for decision in a meeting of either House of the
Federal
Parliament unless one-fourth of the total number of its members are
present.
95.
Address by President: (1) The President may address either a
meeting of any
House or a
joint sitting of both Houses of the Federal Parliament, and summon the
members for
that purpose.
64
(2) The
President shall address the first session after election to the
House of
Representatives and a joint sitting of both Houses of the Federal
Parliament
after the commencement of the first session of each year.
96.
Deputy Prime Minister, Minister, Minister of State and Assistant Minister
entitled
to take part in both Houses: The Deputy Prime
Minister, Minister,
Minister of
State and Assistant Minister shall be entitled to attend and take part in
the proceedings
and deliberations of either House of the Federal Parliament or its
committees.
Provided that
he or she shall not be entitled to vote in a House or its
committee of
which he or she is not a member.
97.
Formation of committees: (1) The House of Representatives and the
National
Assembly may
form committees as provided for in the Federal law.
(2) If a
resolution is passed by either House demanding that a joint
committee of
both the Houses be formed for the purpose of managing the working
procedures
between the two Houses of the Federal Parliament, resolving
disagreement on
any Bill or for any other specified function, the joint committee
shall be
formed. The joint committee shall consist of a maximum of twenty five
members in the
ratio of five members from the House of Representatives to one
member from the
National Assembly on the basis of inclusion.
98.
Transaction of business in case of vacancy in seat of member:
Either House of
the Federal
Parliament shall have the power to transact its business
notwithstanding
any vacancy in the seat of its member. No proceedings of either
House of the
Federal Parliament shall become invalid even if it is subsequently
discovered that
a person who was not so entitled took part in such proceedings.
65
99.
Voting: Except as otherwise provided in this Constitution, any
motions submitted
for decision in
either House of the Federal Parliament shall be decided by a
majority vote
of the members present and voting. The member chairing the
meeting shall
not have the right to vote.
Provided that
he or she may cast vote in the case of a tie.
100.
Provisions relating to vote of confidence and motion of no-confidence: (1)
The
Prime Minister
may, whenever he or she considers necessary or appropriate to
show that he or
she has confidence from the House of Representatives, table a
motion to that
effect in the House of Representatives for the vote of confidence.
(2) If the
political party which the Prime Minister represents is divided
or a political
party in coalition government withdraws its support, the Prime
Minister shall
table a motion in the House of Representatives for a vote of
confidence
within thirty days.
(3) If a motion
tabled under clauses (1) and (2) is not passed by a
majority of the
total number of the then members of the House of Representatives,
the Prime
Minister shall relieve of his or her office.
(4) One-fourth
of the total number of the then members of the House of
Representatives
may table a motion of no-confidence in writing that the House has
no confidence
in the Prime Minister.
Provided that a
motion of no confidence shall not be tabled until the first
two years after
the appointment of the Prime Minister and until another one year
after the date
of failure of the motion of no confidence once tabled.
(5) A motion of
no confidence to be tabled under clause (4) shall also
indicate the
name of a member proposed for the Prime Minister.
(6) If a motion
of no confidence tabled under clause (4) is passed by a
majority of the
total number of the then members of the House of Representatives,
the Prime
Minister shall relieve of his or her office.
66
(7) If the
office of Prime Minister falls vacant because of the passage of
a motion of no
confidence under clause (6), the President shall, in accordance with
Article 76,
appoint as the Prime Minister the member of the House of
Representatives
proposed under clause (5).
101.
Impeachment: (1) One fourth of the total number of the
then members of the
House of
Representatives may move a motion of impeachment against the
President or
Vice-President on the ground of serious violation of this Constitution
and the Federal
law. If the motion is passed by at least two thirds majority of the
total number of
the then members of both Houses of the Federal Parliament, he or
she shall
relive of his or her office.
(2) One fourth
of the total number of the then members of the House of
Representatives
may move a motion of impeachment against the Chief Justice of
Nepal or a
Judge of the Supreme Court, member of the Judicial Council, chief or
official of a
Constitutional Body on the ground of his or her failure to fulfil his or
her duties of
office because of serious violation of this Constitution and law,
incompetence or
misconduct or failure to discharge the duties of office honestly or
serious
violation of the code of conduct. If the motion is passed by at least two
thirds majority
of the total number of the then members of the House of
Representatives,
the concerned person shall relieve of his or her office.
(3) There shall
be an impeachment recommendation committee in the
House of
Representatives for the purpose of making recommendation after
inquiring into
whether there exist the ground and reason for moving a motion of
impeachment
against any person under clause (2).
(4) The
committee under clause (3) shall consist of eleven members of
the House of
Representatives.
(5) If at least
three members of the House of Representatives certify and
submit a
petition that the received information, notice or petition is admissible on
the ground of
serious violation of the Constitution or incompetence or misconduct
67
or failure to
discharge the duties of office honestly or serious violation of the code
of conduct by
the person relieving of office on impeachment under clause (2), and
the committee
under clause (3), upon inquiring into such petition in accordance
with Federal
law, makes recommendation to the House of Representatives for
impeachment
proceedings, a motion of impeachment under clause (2) may be
moved.
(6) After the
commencement of impeachment proceedings under clause
(2), the Chief
Justice of Nepal or Judge of the Supreme Court, member of the
Judicial
Council, chief or official of the Constitutional Body shall not be allowed
to discharge
the duties of his or her office pending the settlement of such
proceedings.
(7) A person
who is charged with impeachment under clause (1) or (2)
shall be
provided with a reasonable opportunity to defend himself or herself.
(8) Nothing
shall bar the taking of action under the Federal law in
relation to the
offence, if any, committed while in office by the President or Vice-
President,
Chief Justice of Nepal or a Judge of the Supreme Court of Nepal,
member of the
Judicial Council, chief or official of a Constitutional Body who is
relieved of
office upon the passage of a motion of impeachment under this Article.
(9) A person
who is relieved of office on the passage of a motion of
impeachment
under clause (1) or (2) shall not be entitled to obtain any facility
accruing from
such office and to be appointed or nominated to any public office
in the future.
(10) Other
matters relating to impeachment shall be as provided for in the
Federal law.
102.
Penalty for unauthorized presence or voting: If a person who
has not taken oath
under Article
88 or who is not a member of the Federal Parliament is present or
votes in the
capacity of member in a meeting of either House of the Federal
Parliament or
of its committee, the person shall, by order of the person chairing
68
the meeting, be
fined with a sum of five thousand rupees for each instance of such
presence or
voting, and such fine shall be recovered as a government due.
103.
Privileges: (1) There shall be full freedom of speech in both Houses of
the Federal
Parliament; and
no member shall be arrested, detained or prosecuted in any court
for anything
expressed or any vote cast by him or her in the House.
(2) Each House
of the Federal Parliament shall, subject to this
Constitution,
have full power to regulate and decide its internal business, and the
concerned House
shall have the exclusive right to decide whether or not any of its
proceedings is
regular or irregular. No question shall be raised in any court in this
behalf.
(3) No comment
shall be made about the good faith concerning any
proceeding of
any House of the Federal Parliament, and no publication and
broadcasting of
any kind shall be made about anything said by any member,
intentionally
distorting or misinterpreting the meaning of the speech.
(4) The
provisions of clauses (1) and (3) shall also apply to other
persons who are
entitled to participate in the meetings of the House than the
members of the
Federal Parliament.
(5) No
proceedings shall be initiated in any court against any person in
respect of the
publication, under the authority granted by any House of the Federal
Parliament, of
any document, report, vote or proceeding.
Explanation:
For the purposes of this clause and clauses (1), (2), (3) and (4),
"House"
means the House of Representatives or the National Assembly, and
includes a
joint sitting or committee or joint committee of the Federal Parliament.
(6) No member
of the Federal Parliament shall be arrested during the
period from the
issuance of a notice summoning the session to its prorogation.
Provided that
nothing in this clause shall be deemed to bar the arresting
under the
Federal law of any member on a criminal charge. If any member is so
69
arrested, the
authority making such arrest shall forthwith give information thereof
to the person
presiding over the concerned House.
(7) Any breach
of the privileges shall be deemed to constitute contempt
of the Federal
Parliament, and the concerned House shall have the exclusive right
to decide
whether any privilege has been breached.
(8) If any
person is in contempt of any House, the person presiding over
the concerned
House may, after a decision by the House to that effect, admonish,
warn or impose
a sentence of imprisonment for a term not exceeding three months
or of a fine
not exceeding ten thousand rupees on such person, andsuch fine shall
be recovered as
a government due.
Provided that
if such person apologies to the satisfaction of the concerned
House, it may
pardon, remit or commute the sentence imposed on, him or her.
(9) Other
matters relating to the privileges of the Federal Parliament
shall be as
provided for in the Federal law.
104.
Procedures relating to conduct of business: (1) Each House of
the Federal
Parliament
shall frame rules to conduct its business, maintain order during its
meetings and
regulate the constitution, functions and procedures of the committees
and procedures
of the House or its committee. Until such rules are framed, the
Federal
Parliament shall regulate its procedures on its own.
(2) The conduct
of business of the joint sitting of the Federal
Parliament, and
constitution and proceedings of the joint committee of the Federal
Parliament
shall be regulated by the rules or procedures approved by the joint
sitting of both
Houses of the Federal Parliament.
105.
Restriction on discussion: No discussion shall be held in either House
of the
Federal
Parliament on any matters that may cause adverse effect on the
dispensation of
justice on any cases which are sub judice in any courts of Nepal
70
and on any
judicial acts done by Judges in the course of performance of their
duties.
Provided that
nothing in this Article shall be deemed to bar the expression
of opinions
about the conduct of a Judge during deliberations held on a motion of
impeachment.
106.
Secretary General and Secretary of Federal Parliament: (1)
The President
shall appoint
the Secretary General of the House of Representatives on
recommendation
of both the Speaker of the House of Representatives and the
Chairperson of
the National Assembly, the Secretary of the House of
Representatives
on recommendation of the Speaker, and the Secretary of the
National
Assembly on recommendation of the Chairperson.
(2) The
qualification, functions, duties, powers and other conditions of
service of the
Secretary General of the Federal Parliament, Secretary of the House
of
Representatives and Secretary of the National Assembly shall be as provided
for in the
Federal law.
107.
Secretariat of Federal Parliament: There shall be a
Secretariat for conducting
and managing
the business of the Federal Parliament. The establishment of such
Secretariat and
other matters related thereto shall be as provided for in the Federal
law.
108.
Remuneration: The remuneration and facilities of the
Speaker and the Deputy
Speaker of the
House of Representatives, the Chairperson and the Vice-
Chairperson of
the National Assembly, chairpersons of the committees and
members of the
Federal Parliament shall be as provided for in the Federal law, and
as specified by
the Government of Nepal until such law is made.
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