Nepal 2015 Constitution (reviewed 2016)

PART 28. Provision regarding National Security

266. National Defense Council

1. There shall be a National Defense Council to formulate policies for Nepal’s overall national interests, security and defense, and in order to make recommendations to the Council of Ministers, Government of Nepal on mobilization or control of Nepal Army comprising following Chairperson and members:-
   1. Prime Minister -Chairperson
   2. Defense Minister, Government of Nepal -Member
   3. Home Minister, Government of Nepal -Member
   4. Minister for Foreign Affairs, Government of Nepal-Member
   5. Finance Minister, Government of Nepal -Member
   6. Chef Secretary of Government of Nepal-Member
   7. Chief of the Army Staff-Member
2. The Secretary of Ministry of Defense shall work as the Secretary of National Defense Council.
3. The National Defense Council shall submit its annual report to the President; the President shall make it present to the federal legislature through the Council of Ministers, Government of Nepal.
4. Other provisions of National Defense Council shall be in accordance with Federal law.

267. Provision relating to Nepal Army

1. There shall be an organization of Nepal Army, committed to democratic principles, inclusive in character and national in form, for the protection of Nepal’s independence, sovereignty, territorial integrity, autonomy and national unity.
2. The President shall be the Supreme Commander-in-Chief of the Nepal Army.
3. The entry of women, Dalit, indigenous community, Khash Arya, Madhesi, Tharu, Muslim, people of backward class and backward region shall be ensured in Nepal Army, based on the principle of equality and principles of inclusion as provided for in the Federal law.
4. The Government of Nepal may, in accordance with Federal law, mobilize Nepal Army for works relating to development, disaster management and others.
5. The President shall appoint or remove the Commander-in-Chief of Nepal Army on the recommendation of the Council of Ministers.
6. Mobilization of Nepal Army shall be declared by the President according to the decision by Council of Ministers, Government of Nepal on recommendation of National Defense Council during wars on security of any parts, territorial integrity or sovereignty of Nepal, external attacks, armed insurgency or serious crisis arisen due to extreme economic breakdown. Decision of mobilization of Nepal Army shall have to be approved by the House of Representatives within a month of the declaration.
7. Other provisions relating to Nepal Army shall be as provided by law.

268. Provision relating to Nepal Police, Armed Police Force, Nepal and National Investigation Organization

1. There shall be Nepal Police, Armed Police Force, Nepal and National Investigation Department at the federal level.
2. There shall be a provincial police organization in each province.
3. Operation, supervision and coordination of Nepal Police and provincial police shall be as provided for by Federal law.
4. Other provisions relating to Nepal Police, Armed Police Force and National Investigation Department shall be as provided by Federal law.