(l) If
a grave emergency arises in regard to the sovereignty or integrity
of the Kingdom of Nepal or the security of any part thereof, whether
by war, external aggression, armed rebellion or extreme economic disarray,
His Majesty may, by Proclamation, declare or order a State of Emergency
in respect of the whole of the Kingdom of Nepal or of any specified
part thereof.
(2) Every
Proclamation or Order issued under clause (1) above shall be laid
before a meeting of the House of Representatives for approval within
three months from the date of issuance.
(3 )
If a Proclamation or Order laid for approval pursuant to clause (2)
is approved by a two thirds majority of the House of Representatives
present at the meeting, such Proclamation or Order shall continue
in force for a period of six months from the date of issuance.
(4) If
a Proclamation or Order laid before a meeting of the House of Representatives
pursuant to clause (2) is not approved pursuant to clause (3), such
Proclamation or Order shall be deemed ipso facto to cease to operate.
(5) Before
the expiration of the period referred to in clause (3), if a meeting
of the House of Representatives, by a majority of two-thirds of the
members present, passes a resolution to the effect that circumstances
referred to in clause ( 1 ) above continue to exist, it may extend
the period of the Proclamation or Order of the State of Emergency
for one other period, not exceeding six months as specified in such
resolution, and the Speaker shall inform His Majesty of such extension.
( 6 )
During a dissolution of the House of Representatives, the National
Assembly shall exercise the powers of the House of Representatives
for the purposes of clauses (2), (3), (4) and (5) above.
( 7 )
After the State of Emergency has been declared pursuant to clause
(1), His Majesty may issue such Orders as are necessary to meet the
exigencies. Orders so issued shall be operative with the same force
and effect as law so long as the State of Emergency is in operation.
( 8 )
His Majesty may, at the time of making a Proclamation or Order of
a State of Emergency pursuant to clause (1), suspend sub-clauses (a),
(b), (d) and (e) of clause (2) of Article 12, clause (1) of Article
13 and Articles 15, 16, 17, 22 and 23 of this Constitution for as
long as the Proclamation is in operation:
Provided
that the right to the remedy of habeas corpus under Article 23 shall
not be suspended.
(9) In
circumstances where His Majesty has suspended any Article of this
Constitution pursuant to clause (8), no petition may lie, nor question
be raised in any court for the enforcement of the fundamental right
conferred by such Article.
(10)
If, during the continuance of a Proclamation or Order under clause
(1), any damage is inflicted upon any person by an act of any official
which was done in contravention of law or in bad faith, the affected
person may, within three months from the date of termination of the
Proclamation or Order, file a petition for compensation for the said
damage and if the court finds the claim valid, it shall cause compensation
to be delivered.
(11)
A Proclamation or Order of a State of Emergency issued pursuant to
clause (1) may be revoked by His Majesty at any time during its continuance
.
