PART
20
MISCELLANEOUS
117.
Constitutional Council:
(1) There
shall be a Constitutional Council, for making recommendations in accordance
with this Constitution for appointment of officials to Constitutional
Bodies, which shall consist of the following as Chairman and members:-
- the
Prime Minister - Chairman;
- the
Chief Justice - Member;
- the
Speaker of the House of Representatives - Member;
- the
Chairman of the National Assembly - Member; and
- the
Leader of the Opposition in the House of Representatives - Member.
(2) For
the purpose of recommendation of an appointment of the Chief Justice,
the Constitutional Council shall include among its members the Minister
of Justice and a Judge of the Supreme Court.
( 3 )
The functions, duties and powers of the Constitutional Council shall
be as determined by this Constitution and other laws. (4) The Constitutional
Council constituted pursuant to clause ( 1 ) shall have the power
to regulate its working procedures on its own.
118.
Provisions Regarding the Royal Nepal Army:
(1) There
shall be a National Defense Council of Nepal consisting of the following
as Chairman and members:
- the
Prime Minister Chairman;
- the
Defense Minister Member;and
- the
Commander-in-Chief Member.
(2) His
Majesty shall operate and use the Royal Nepal Army on the recommendation
of the National Defense Council.
(3) The
establishment and management of the Royal Nepal Army, and other matters
relating thereto shall be as determined by law.
(4) The
National Defense Council shall have the power to regulate its working
procedures on its own .
119.
Supreme Command of the Royal Nepal Army and Appointment of the Commander-in-Chief:
(1) His
Majesty is the Supreme Commander of the Royal Nepal Army .
(2) His
Majesty shall appoint the Commander-in-Chief of the Royal Nepal -Army
on the recommendation of the Prime Minister.
120.
Royal Nepalese Ambassadors and Emissaries:
(1) His
Majesty shall appoint the Royal Nepalese Ambassadors.
(2) His
majesty may designate a Royal Representative for representing Him
on special occasion, and may appoint a Special Emissary for a specified
purpose.
121.
Provisions Regarding Employees of the Royal Palace:
Matters
relating to the conditions of service of the employees of the Royal
Palace including those of appointment, dismissal, salary, allowances,
leave and pension shall be as determined by rules made by His Majesty
at His discretion.
122.
Pardons :
His Majesty
shall have- the power to grant pardons and to suspend, commute or
remit any sentence passed by any court, special court, military court
or by any other judicial, quasi-judicial or administrative authority
or institution.
123.
Titles. Honors and Decorations:
(1) The
titles, honors or decorations to be conferred on behalf of the State
shall be conferred by His Majesty.
( 2 )
No citizen of Nepal shall, without the approval of His Majesty, accept
any title, honor or decoration from the government of any country.
124.
Constitution of the Civil Service:
His Majesty's
Government may, in order to run the administration of the country,
constitute services as may be required. The constitution, operation
and conditions of service thereof shall be as determined by an Act.
125.
Provisions Regarding Citizenship of Officials of the Constitutional
Bodies:
In order
to be eligible for appointment to constitutional positions under this
Constitution, a person must either be a citizen of Nepal by birth
or descent, or be a person who, as a naturalized citizen has resided
in Nepal for at least ten years.
126.
Ratification of. Accession to, Acceptance of, or Approval of Treaty
or Agreement:
(1) The
ratification of, accession to, acceptance of or approval of treaties
or agreements to which the Kingdom of Nepal or His Majesty's Government
is to become a party shall be as determined by law.
(2) The
laws to be made pursuant to clause (1) shall, inter alia, require
that the ratification of, accession to, acceptance of or approval
of treaties or agreements on the following subjects be done by a majority
of two-thirds of the members present at a joint sitting of both Houses
of Parliament :-
- peace
and friendship;
- defense
and strategic alliance;
- boundaries
of the Kingdom of Nepal; and
- natural
resources, and the distribution of their uses:
Provided
that out of the treaties and agreements referred to in sub-clauses
(a) and (d), if any treaty or agreement is of an ordinary nature,
which does not affect the nation extensively seriously or in the
long term, the ratification of accession to, acceptance of or approval
of such treaty or agreement may be done at a meeting of the House
of Representatives by a simple majority of the members present.
(3) After
the commencement of this Constitution, unless a treaty or agreement
is ratified, acceded to, accepted or approved in accordance with this
Article, it shall not be binding on His Majesty's Government or the
Kingdom of Nepal.
(4) Notwithstanding
anything contained in clauses (1) and (2), no treaty or agreement
shall be concluded in detrimental to the territorial integrity of
the Kingdom of Nepal.
127.
Power to Remove Difficulties:
If any
difficulty arises in connection with the implementation of this Constitution,
His Majesty may issue necessary Orders to remove such difficulty and
such Orders shall be laid before Parliament.
|