THE CONSTITUTION OF THE KINGDOM OF NEPAL 2047 (1990)

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:-

  1. the Prime Minister - Chairman;
  2. the Chief Justice - Member;
  3. the Speaker of the House of Representatives - Member;
  4. the Chairman of the National Assembly - Member; and
  5. 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:

  1. the Prime Minister Chairman;
  2. the Defense Minister Member;and
  3. 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 :-

  1. peace and friendship;
  2. defense and strategic alliance;
  3. boundaries of the Kingdom of Nepal; and
  4. 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.

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