The form of governance of Nepal shall be a multi-party, competitive, federal democratic republican parliamentary system based on plurality.
75. Executive Power
The executive power of Nepal shall rest with the Council of Ministers in accordance with this Constitution and law.
The responsibility of providing general directives, control and enforcement regarding the governance system of Nepal, by adhering to this constitution and law, shall rest with the Council of Ministers.
The entire works relating to the federal executive of Nepal shall be done in the name of the Government of Nepal.
The decision or Order and related certification of credentials as provided for by clause (3) shall be done according to law.
76. Formation of the Council of Ministers
The President shall appoint the parliamentary party leader of the political party with the majority in the House of Representatives as a Prime Minister, and a Council of Ministers shall be formed in his/her chairmanship.
If there is not a clear majority of any party according to clause (1), the President shall appoint as Prime Minister the member of the House of Representatives who can have the majority with the support of two or more political parties represented in the House of Representatives.
If there is a situation wherein it is not possible to make the appointment of the Prime Minister as provided for in clause (2) within 30 days of the final result of the election of the House of Representatives, or if the appointed Prime Minister, as provided for in clause (4), fails to receive a vote of confidence, the President shall appoint the leader of the party with the highest number of members in the House of Representatives as the Prime Minister.
The Prime Minister appointed according to clause (2) or (3) shall have to receive the vote of confidence of the House of Representatives within 30 days of his/her appointment.
If a Prime Minister appointed according to clause (3) fails to receive a vote of confidence pursuant to clause (4), the President shall appoint a member as Prime Minister, who produces bases that he/she may win the vote of confidence of the House of Representatives as provided for in clause (2).
The Prime Minister appointed according to clause (5) shall have to get the vote of confidence according to clause (4).
If the Prime Minister appointed according to clause (5) fails to get the vote of confidence or if any member fails to be appointed as Prime Minister, the President shall, on the recommendation of Prime Minister, dissolve the House of Representatives and fix a date to conduct another election within six months.
The procedure regarding the appointment of the Prime Minister shall have to be completed within 55 days after the post of the Prime Minister falls vacant, or the announcement of the final results of the election of the House of Representatives according to this Constitution.
The President shall, on the recommendation of the Prime Minister, form a council of ministers consisting of members not exceeding twenty five in number from among the members of the Federal Parliament on the basis of the principle of inclusion.Explanation: For the purpose of this Article ‘minister’ stands for deputy Prime Minister, minister, minister of state and assistant minister.
The Prime Minister and the ministers shall be collectively accountable to the Federal Parliament, and, a minister shall be personally accountable to the Prime Minister for the works of his/her ministry, and also to the Federal Parliament.
77. Circumstances under which the Prime Minister and minister ceases to hold office
The Prime Minister shall cease to hold office in the following circumstances|
If he/she tenders written resignation to the President,
If a vote of confidence fails to be approved according to Article (100), or a motion of no confidence is passed,
If he/she ceases to be a member of the House of Representatives,
If he/she dies.
The minister shall cease to hold office in the following circumstances:
If he/she tenders a written resignation to the Prime Minister,
If the Prime Minister removes him/her from the post,
If the Prime Minister ceases to hold office according to clause (1) (a), (b) or (c), or
If he/she dies.
If the Prime Minister ceases to hold the office according to clause (1), the same council of ministers shall continue to work until another council of ministers is constituted.Provided that, in the case of the death of the Prime Minister, the senior most minister shall continue to act as Prime Minister until a new Prime Minister is appointed.
78. A person to be a minister who is not a member of the Federal Parliament
Whatsoever is contained in clause (9) of Article (76), the President may, on the recommendation of the Prime Minister, appoint deputy Prime Minister, minister, minister of state, assistant minister, who is not a member of the Federal Parliament.
The minister appointed according to clause (1) shall have to receive membership of the Federal Parliament within six months of taking oath of office.
If the minister fails to get the membership of the Federal Parliament according to clause (2), the minister shall not be eligible for reappointment as minister during the tenure of the existing House of Representatives.
Whatever may be contained in clause (1), a person who has lost election in the election of the existing House of Representatives, shall not be eligible to be a minister according to clause (1), during the tenure of the existing House of Representatives.
79. The remuneration and other benefits to the Prime Minister, deputy Prime Minister, minister, state minister and assistant minister
The remuneration and benefits to the Prime Minister, deputy Prime Minister, minister, state minister, and assistant minister shall be as provided for by Federal Act. Until such an Act is formulated, it shall be as determined by the Government of Nepal.
80. Oath of office
The Prime Minister, the Deputy Prime Minister and minister shall take the oath of office and secrecy before the President, and, the state minister and assistant minister before the Prime Minister according to Federal law.
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