PART
8
LEGISLATURE
44.
Constitution of Legislature:
There
shall be a Legislature, to be called Parliament, which shall consist
of His Majesty and two Houses, namely the House of Representatives
and the National Assembly.
45.
Constitution of the House of Representatives:
(I) The
House of Representatives shall consist of two hundred and five members.
(2) For
the purpose of election of members to the House of Representatives,
administrative districts shall be treated as election districts, and
the ratio of the number of seats allocated to any district shall be,
so far as practicable, equal to the ratio of the population of that
district to the national population, as determined by the last census
preceding the concerned election; and the number of election constituencies
shall be equal to the number of seats so allocated; and one member
shall be elected from each election constituency:
Provided
that the number of members to be elected from the districts shall
be so determined and election constituency so delimited as to be
elected at least one member from each district irrespective of its
population.
( 3 )
Unless dissolved earlier pursuant to the provisions of this Constitution,
the term of the House of Representatives shall be five years:
Provided
that the term of the House of Representatives may be extended by
an Act for a period not exceeding one year during the operation
of a proclamation of a State of Emergency..
(4) The
term of the House of Representatives as extended in pursuance of the
proviso clause of clause (3) shall ipso facto stand terminated after
the expiry of six months from the date on which the proclamation of
the State of Emergency is withdrawn.
(5) Subject
to the provisions of this Constitution, election to membership in
the House of Representatives shall be held on the basis of one person-one
vote through secret ballots in accordance with the provisions of law.
( 6 )
Every Nepali citizen who has attained the age of eighteen shall be
entitled to vote in one of the election constituencies in accordance
with the provisions of law.
( 7 )
Every person who is entitled to vote in the elections for the House
of Representatives may, subject to the provisions of Article 47 and
other existing laws, be a candidate from any of the election constituencies.
( 8 )
Any vacancy in a seat occurring in the House of Representatives, while
a portion of its term still remains, shall be filled through a by-election.
(9) Subject
to the provisions of this Article, elections for the House of Representatives
and other matters pertaining thereto shall be regulated in accordance
with law.
46.
Constitution of the National Assembly and the Tenure of Office of Members:
(1) The
National Assembly shall consist of sixty members as follows:
- ten
members to be nominated by His Majesty from amongst persons of high
reputation who have rendered prominent service in various fields
of national life,
- thirty
five members, including at least three women members, to be elected
by the House of Representatives in accordance with the provisions
of law, on the basis of the system of proportional representation
by means of the single transferable vote, and
- fifteen
members, three from each of the Development Regions, to be elected
in accordance with law on the basis of the system of single transferable
vote by an electoral college consisting of the Chief and the Deputy
Chief of the Village and Town level Local Authorities and the Chief,
Deputy Chief and the: members of the District level Local Authorities:
Provided
that until elections are held for the Local Authorities, such electoral
college shall, for the first time, consist of the members of the
House of Representatives elected from the concerned Development
Region.
(2) The
National Assembly shall be a permanent House. The tenure of office
of one-third of its members shall expire every two years.
( 3 )
The tenure of office of the members of the National Assembly shall
be six 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) The
term of office of the members, including any unfilled seats, shall
be deemed to have started on the date on which the National Assembly
commences its first session.
(5) Vacancies
of seats in the National Assembly shall be filled in the same manner
of election or nomination through which the seat of the vacating member
was filled.
( 6 )
If any seat of a member of the National Assembly falls vacant during
his tenure of office, the vacancy shall be filled in accordance with
clause (5), by election or nomination, as the case may be, for the
remainder of the term.
47.
Qualifications for Membership:
(1) In
order to become a member of Parliament any person:
- must
be a citizen of Nepal;
- must
have attained twenty five years of age for the House of Representatives
and thirty five years of age for the National Assembly;
- should
not be disqualified under any law; and
- should
not hold an office of profit. "office of profit" means
any position, other than a political position, to be filled by election
or nomination for which a remuneration or economic benefit is paid
out of a Government Fund.
( 2 )
No person shall be a member of both Houses simultaneously.
48.
Decision as to Disqualifications of Members:
If a
question arises as to whether a member of Parliament is disqualified
or has ceased to possess any of the qualifications set forth in Article
47, the final decision shall be made by the Chief Justice of Nepal
or any other Judge of the Supreme Court designated by him .
49.
Vacation of seat:
(1) The
seat of a member of Parliament shall become vacant in the following
circumstances:
- if
he dies; or
- if
he resigns in writing; or
- if
he does not or has ceased to possess the qualifications referred
to in Article 47; or
- if
his term of office expires, or if the term of the House expires
in accordance with this Constitution; or
- if
he, without the leave of the concerned House, absents himself from
thirty consecutive meetings of the- House; or
- if
the party of which he was a member when elected provides notification
in the manner set forth by law that he has abandoned the party.
50.
Oath:
The members
of each House of Parliament shall, before taking part for the first
time in a meeting of that House or any of its committees, take an
oath in the specified form.
51.
Speaker and Deputy Speaker of the House of Representatives:
(I) The
House of Representatives shall, as soon as possible, elect a Speaker
and a Deputy Speaker from among its members. If the office of the
Speaker or the Deputy Speaker falls vacant, the House of Representatives
shall fill the vacancy through election from among its members.
(2) The
Deputy Speaker shall, in the absence of the Speaker of the House of
Representatives, chair the House of Representatives.
(3) If
the election of the Speaker and Deputy Speaker has not taken place,
or if both the positions have become vacant, the member of the House
of Representatives who is by age the seniormost shall preside over
the meeting of the House of Representatives.
(4) The
office of the Speaker or the Deputy Speaker shall become vacant in
the following circumstances:
- if
he ceases to be a member of the House of Representatives: Provided
that, after the dissolution of the House of Representatives, the
Speaker and Deputy Speaker shall continue in office until the date
of the filing of nominations for election to the House of Representatives
or
- if
he submits a written resignation; or
- if
he submits a written resignation; or
- if
a resolution is passed by a majority of two-thirds of the total
number of members in the House of Representatives to the effect
that his conduct is not compatible with his position.
( 5 )
The Deputy Speaker shall preside over 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 position.
The Speaker shall be entitled to take part and vote in the deliberations
on such resolution.
52.
Chairman and Vice Chairman of the National Assembly:
(1) After
the commencement of its first session, the National Assembly shall,
as soon as possible, elect a Chairman and Vice Chairman from among
its members. If the office of the Chairman or the Vice-Chairman falls
vacant, the National Assembly shall fill the vacancy through election
from among its members.
(2) The
Vice-Chairman shall, in the absence of the Chairman of the National
Assembly, chair the National Assembly.
( 3 )
If the election of the Chairman and Vice-Chairman has not taken place,
or if both the positions have become vacant, the member of the National
Assembly who is by age the seniormost-shall preside over the meeting
of the National Assembly.
(4) The
office of the Chairman or the Vice-Chairman shall become vacant in
the following circumstances:
- if
he ceases to be a member of the National Assembly; or
- if
he submits a written resignation; or
- if
a resolution is passed by a majority of two-thirds of the total
number. of members of the National Assembly to the effect that his
conduct is not compatible with his position.
(5) The
Vice-Chairman shall preside over a meeting at which deliberations
are to be held on a resolution that the conduct of the Chairman of
the National Assembly is not compatible with his position. The Chairman
shall be entitled to take part and vote in the deliberations on such
resolution.
53.
Summoning and Prorogation of Sessions and Dissolution of the House of
Representatives:
(I) His
Majesty shall summon a session of parliament within one month after
the elections to the House of Representatives are held. Thereafter,
His Majesty shall summon other sessions from time to time in accordance
with this Constitution:
Provided
that the interval between two consecutive sessions shall not be
more than six months .
(2) His
Majesty may prorogue the session of both or either of the Houses of
Parliament.
( 3 )
If, during the prorogation or recess of the House of Representatives,
one-fourth of its members make a representation that it is appropriate
to convene a session or meeting, His Majesty shall specify the date
and time for such session or meeting, and the House of Representatives
shall meet or commence its session on the date and time thus fixed..
(4) His
Majesty may dissolve the House of Representatives on the recommendation
of the Prime Minister. His Majesty shall, when so dissolving the House
of Representatives, specify a date, to be within six months, for new
elections to the House of Representatives .
54.
Address and Message by His Majesty:
(I) His
Majesty may address either House or a joint sitting of both the Houses
of Parliament, and He may summon the members for that purpose.
(2) His
Majesty shall address the first session after an election to the House
of Representatives and a joint sitting of both the Houses of Parliament
after the commencement of the first session of each year.
( 3 )
His Majesty may send messages to either or both the Houses of Parliament.
The House receiving such message shall, as early as possible, consider
the matter mentioned in the message and submit its opinion to His
Majesty.
55.
Quorum :
Except
as otherwise provided in this Constitution, no resolution shall be
presented for decision in either House of Parliament unless one-fourth
of the total number of members of the concerned House are present.
56.
Restriction on discussion:
(1) No
discussion shall be held in either House of Parliament on the conduct
of His Majesty, Her Majesty the Queen and the heir apparent to His
Majesty:
Provided
that nothing in this Article shall be deemed to bar criticism of
His Majesty's Government.
( 2 )
No discussion shall be held in either House of Parliament on a matter
which is under consideration in any court of Nepal.
( 3 )
No discussion shall be held in either House of Parliament about anything
done by a Judge in course of performance of his duties:
Provided
that nothing in this clause shall be deemed to bar the expression
of opinion about the conduct of a Judge during deliberations on
a resolution held pursuant to clause (7) of Article 87.
57.
Transaction of Business in case of vacancy of Members:
Either
House of Parliament shall have the power to transact its business
notwithstanding any vacancies in the seats of its members; and no
proceedings shall become invalid even if it is subsequently discovered
that a person not entitled to take part in the proceedings of either
House had participated therein.
58.
Voting:
Except
as otherwise provided in this Constitution, all questions submitted
for decision in either House of Parliament shall be decided by a majority
vote of the members present and voting. Normally, the member presiding
shall not have the right to vote, but he may exercise the casting
vote in case of tie.
59.
Vote of Confidence:
(1) The
Prime Minister, while he holds office, may, whenever he is of the
opinion that it is necessary or appropriate to obtain a vote of confidence
from the members of the House of Representatives, table a resolution
to that effect in the House of Representatives.
(2) One-fourth
of the total number of members of the House of Representatives may
table in writing a no-confidence motion against the Prime Minister:
Provided
that a no-confidence motion shall not be presented more than once
in the same session.
(3) A
decision on a resolution tabled pursuant to clauses (1) and (2) shall
be made by a majority of the total number of members of the House
of Representatives.
60.
Minister Entitled to Take Part in Both Houses:
A Minister
shall be entitled to attend and take part in the proceedings and deliberations
of either House of Parliament and its committees:
Provided
that he shall not be entitled to vote in a House or committee of
which he is not a member.
61.
Penalty for Unauthorized Presence or Voting:
If a
person sits or votes in a meeting of either House of Parliament as
a member without taking an oath pursuant to Article 50, or knowing
that he is not qualified for membership in the House, he shall, on
order of the person chairing the House, be liable to a fine of one
thousand rupees for each day of such presence or voting. The fine
shall recovered as government dues.
62.
Privileges:
(1) Subject
to the provisions of this Constitution there shall be full freedom
of speech in both Houses of Parliament and no member shall be arrested,
detained or prosecuted in any court for anything said or any vote
cast in the House.
(2) Subject
to the provisions of this Constitution, each- House of Parliament
shall have full power to regulate its internal business, and it shall
be, the exclusive right of the House concerned to decide whether or
not any proceeding of the House is regular. No question shall be raised
in any court in this behalf.
(3) Subject
to the provisions of this Constitutions no comment shall be made about
the good faith concerning any proceeding of either House of Parliament
and no publication of any kind shall be made about anything said by
any member which intentionally distorts or misinterprets the meaning
of the speech.
(4) Subject
to the provisions of this Constitution, the provisions of clauses
(1) and (3) shall also apply to any person, other than a member, who
is entitled to take pan in a meeting of the House.
(5) No
proceedings shall be initiated in any court against any person for
publication of any document, report, vote or proceeding which is made
under authority given, subject to the provisions of this Constitution,
by a House of Parliament.
Explanation:
For the purpose of this clause and clauses (1), (2), (3) and (4),
the word House" shall mean and include the committees of a
House and shall also mean a joint sitting of Parliament or a meeting
of the Joint Committee.
(6) No
member of Parliament shall be arrested between the date of issuance
of the summons for a session and the date on which that session closes:
Provided
that nothing in this clause shall be deemed to prevent the arrest
under any law of any member on a criminal charge. If any member
is so arrested, the official making such arrest shall forthwith
inform the person chairing the concerned House.
(7) Any
breach of privilege of either House of Parliament shall be deemed
to constitute contempt of Parliament and the concerned House shall
have the exclusive right to decide whether or not any breach of privilege
has talon place.
(8) If
a person is in contempt of either House of Parliament, the Chairperson
of the concerned House may, after a decision by the House to that
effect, admonish, warn or impose a sentence of imprisonment not exceeding
three months, to remain effective only during the current session
of the House, or impose a fine up to five thousand rupees on such
person. The fine shall be recovered as government dues:
Provided
that if the person so accused submits an apology to the satisfaction
of the House, it may either pardon him or remit or commute the sentence
imposed on him.
(9 )
Other matters relating to privileges not mentioned in this Constitution
shall be as determined by law.
63.
Procedures relating to the Conduct of Business:
(1) Each
House of Parliament shall, subject to the provisions of this Constitution,
frame rules for conducting its business, maintaining order during
its meetings and regulating the constitution, functions and procedures
of the committees or any other matter of the House or Me committees.
Such rules shall come into effect upon approval by His Majesty .
(2) Matters
relating to the conduct of business of a joint sitting of Parliament
and the constitution of its Joint Committee and the functions and
procedures thereof shall be in accordance with rules made by His Majesty
on the recommendation of the Speaker of the House of Representatives
and the Chairman of the National Assembly.
( 3 )
Until such time as rules mentioned in clauses (1) and (2) are made.
matters mentioned in those clauses shall be governed by rules made
by His Majesty.
64.
Committees:
The House
of Representatives may, by rules, regulate the constitution and management
of Committees on Finance, Public Account, Human Rights, Foreign Relations,
Natural Resources, Protection of the Environment, Population and such
committees on other subjects as required.
65.
Joint Committee:
(1) If
a resolution is passed by either House demanding that a Joint Committee
of both the Houses be constituted for the purpose of managing the
working procedure between the two Houses, resolving disagreements
on any Bill, or for any other specified function, a Joint Committee
thereon shall be constituted.
( 2 )
The Joint Committee shall consist of up to a maximum of fifteen members
in the ratio of two members from the House of Representatives to one
member from the National Assembly.
66.
Secretariat of Parliament:
(1) His
Modesty shall appoint the Secretary of the House of Representatives
on the recommendation of its Speaker and the Secretary of the National
Assembly on the recommendation of its Chairman and the secretary-general
of Parliament in consultation with both the Speaker and the Chairman.
(2) The
establishment of a Secretariat for the purpose of conducting the business
of Parliament and other matters related thereto shall be as determined
by law.
67.
Remuneration :
The remuneration
and privileges of the Speaker and Deputy Speaker of the House of Representatives,
the Chairman and Vice-Chairman of the National Assembly and members
of Parliament shall be determined by law, and until so determined
shall be as specified by His Majesty.
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