231.
Legislative interrelations between Federation and States: (1)
The Federal Law
may be made to
be applicable to the whole of, or, if required, to any part of, the
territory of
Nepal.
(2) A State law
may be made to be applicable to the whole of, or as
required, to
any part of the territory of the State.
(3) If two or
more States make a request to the Government of Nepal to
make laws on
any matter enumerated in Schedule-6, the Federal Parliament may
make necessary
laws. Such laws shall be applicable only to the concerned States.
232.
Relations between Federation, State and Local level: (1)
The relations between
the Federation,
States, and Local level shall be based on the principles of
cooperation,
co-existence and coordination.
(2) The
Government of Nepal may, pursuant to this Constitution and the
Federal Law,
give necessary directions to any State Council of Ministers on
matters of
national importance and on matters to be coordinated between the
States, and it
shall be the duty of the concerned State Council of Ministers to abide
by such
directions.
(3) If any such
type of act as may seriously undermine the sovereignty,
territorial
integrity, nationality or independence of Nepal is carried out in any
State, the
President may, as required, warn such State Council of Ministers,
suspend or
dissolve the State Council of Ministers and the State Assembly for a
period not
exceeding six months.
(4) Any
suspension or dissolution of any State Council of Ministers and
State Assembly
made pursuant to clause (3) must get ratified by a two-thirds
majority of the
total number of the then members of the Federal Parliament within
thirty five
days.
138
(5) If
dissolution made pursuant to clause (3) is ratified by the Federal
Parliament,
election to the State Assembly shall be held in such State within six
months.
Provided that
such suspension or dissolution shall ipso facto be invalid if it
is not ratified
by the Federal Parliament.
(6) The Federal
ruling shall apply to such State during the period of
such suspension
if the suspension made pursuant to clause (3) is ratified pursuant
to clause (4)
and until election to the State Assembly is held pursuant to clause (5).
(7) During the
continuance of the Federal rule, the Federal Parliament
may make laws
with respect to any matter enumerated in the List contained in
Schedule-6.
Such laws shall continue to exist until repealed by other laws made by
the concerned
State Assembly.
(8) The
Government of Nepal may, directly or through the State
Government,
render necessary assistance to, and give necessary directives to, any
Village
Executive or Municipal Executive, pursuant to this Constitution and the
Federal law. It
shall be the duty of the Village Executive or Municipal Executive to
abide by such
directives.
233.
Relations between States: (1) One State shall render assistance in
the execution
of legal
provisions or judicial and administrative decisions or orders of another
State.
(2) A State may
exchange information and consult with another State on
matters of
common concern and interest, coordinate each other on their activities
and legislations
and extend mutual assistance.
(3) A State
shall, in accordance with its State law, provide equal
security,
treatment and facility to residents of another State.
234.
Inter-State Council: (1) There shall be an Inter-State Council
as follows to settle
political
disputes arising between the Federation and a State and between States:
139
(a) Prime
Minister - Chairperson
(b) Minister
for Home Affairs of the Government of Nepal- Member
(c) Minister
for Finance of the Government of Nepal - Member
(d) Chief
Ministers of the concerned States - Member
(2) The
Inter-State Council may meet as required.
(3) The
Inter-State Council may invite to its meeting a Minister of the
Government of
Nepal and a Minister of the concerned State who is responsible for
the matter of
dispute and a concerned expert.
(4) The rules
of procedures of the meeting of the Inter-State Council
shall be as
determined by the Council itself.
235.
Coordination between Federation, State and Local Level: (1)
The Federal
Parliament
shall make necessary laws in order to maintain coordination between
the Federation,
State and Local level.
(2) The State
Assembly may maintain coordination between the State
and Village
Bodies or Municipalities and settle political disputes, if any, that have
arisen, in
coordination with the concerned Village Body, Municipality and the
District
Coordination Committee.
(3) The
processes and procedures for the settlement of disputes under
clause (2)
shall be as provided for in the State law.
236.
Inter-State trade: Notwithstanding anything contained
elsewhere in this
Constitution,
it is prohibited to make any kind of obstruction to the carriage of
goods or
extension of services by a State or Local level to another State or Local
level or to the
carriage of goods or extension of services to any State or Local
Level or to
levy tax, fee or charge thereon or to make any kind of discrimination
on the carriage
or extension of such services or goods.
140
237.
Not to affect jurisdiction of Constitutional Bench of Supreme Court: Nothing
contained in
this Part shall affect the jurisdiction of the Constitutional Bench of the
Supreme Court
under Article 137.
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