Nepal 2015 Constitution (reviewed 2016) - Page 9 of 42

Table of Contents

PART 8. Federal Parliament

83. Federal Parliament

There shall be a Legislature, called Federal Parliament, consisting of two Houses, namely the House of Representatives and the National Assembly.

84. Constitution of House of Representatives

The House of Representatives shall consist of a total of two hundred and seventy five members, as follows:
1. One hundred and sixty five members to be elected through the first past the post electoral system, with one being elected from each election constituency of one hundred and sixty five election constituencies delimited in the country on the basis of population, and geographical convenience and specificity;
2. One hundred and ten members elected from proportional representation electoral system where voters vote for parties, while treating the whole country as a single electoral constituency.
Provision shall be made according to Federal law for the representation of political parties to file candidacy for the election of the House of Representatives for proportional representation system through closed list of women, Dalit, Adibasi Janajati, Khas Arya, Madhesi, Tharu, Muslim, and backward regions. Balance in geography and province shall be considered for such candidacy.Explanation: For the purpose of this provision, Khas Arya means Chhetri, Brahmin, Thakuri and Sannyasi (Dasnami) community.
While filing candidacy by political parties pursuant to clause (2), provision of representation of persons with disability shall also be made.
The election for the members of House of Representatives pursuant to clause (1) shall be held through secret ballots as provided in the law.
Every Nepali citizen who has attained the age of eighteen years, as provided in law, shall be entitled to vote in any constituency.
Subject to law, any Nepali citizen, who is entitled to vote in election for House of Representatives, and who meets the requirements under Article 87, shall be allowed to file candidacy from any constituency.Provided that the same person shall not be a candidate in more than one electoral constituency at the same time.
In case of vacancy of a seat of a member in House of Representatives, while still ahead of six months of its terms, such vacancy shall be filled through process by which said member had been elected.
Notwithstanding anything contained elsewhere in this Article, women should account for at least one third of total members elected from each party in Federal Parliament. In case, one-third percentage of women are not elected while being elected under section (a) of clause (1), and section (a), clause (2) of Article 84, the party that fails to ensure one-third representation shall have to elect at least one-third of total numbers as woman in the Federal Parliament while electing members under section (b) of clause (1).
Election of House of Representatives and other matters thereto shall be pursuant to Federal laws.

85. Term of House of Representatives

Except when dissolved earlier, the term of House of Representatives shall be five years.
Notwithstanding anything in clause (1), provided that the situation when the order for the state of emergency is made and when such state of emergency exists, the term of House of Representatives may be extended, not exceeding one year in accordance with Federal law.
The term extended under clause (2) shall, ipso facto, end within six months of the end of state of emergency.

86. Constitution of National Assembly and terms of members

National Assembly shall be a permanent house.
There shall be fifty-nine members in the National Assembly as follows:-
1. Fifty six members elected from an Electoral College comprising members of Provincial Assembly and chairpersons and vice-chairpersons of Village councils and Mayors and Deputy Mayors of Municipal councils, with different weights of votes for each, with eight members from each province, including at least three women, one Dalit, one person with disability or minority;
2. Three members, including at least one woman, to be nominated by the President on the recommendation of Government of Nepal.
The tenure of members of National Assembly shall be six years.Provided that after the commencement of this Constitution, arrangements shall be made by drawing lottery 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.
The tenure shall be considered to have commenced from the day of first meeting of the National Assembly.
In case of vacancy of a seat in National Assembly, it shall be filled in the manner through which the said member had been elected or nominated.
Other provisions relating to election of National Assembly members shall be as provided by law.

87. Qualifications for Members

Persons who meet the following requirement shall be considered eligible to be the member of Federal Parliament:-
1. citizen of Nepal,
2. who has attained twenty five years of age for the House of Representatives and thirty five years of age for the National Assembly;
3. who has not been punished for any criminal offence involving moral turpitude
4. not ineligible under any law,
5. not holding an office of profit.Explanation: “Office of profit” in this section means any position, other than a political position which is 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 at the same time.
No one person can be a member of both the houses at the same time
If a person who is elected or nominated to the position of the member of Federal Parliament already holds a political position through election, nomination, or appointment, the position held by such a person shall automatically become vacant from the day of his/her taking oath of office.

88. Oath

Every member of the Federal Parliament shall, before taking part for the first time in the meeting of the parliament at its committees, have to take an oath as provided in law.

89. Vacation of seat

The seat of a Member of Parliament shall be vacant in the following circumstances:-

if he or she resigns in writing to the Speaker or Chairperson,
if he or she does not meet the requirements under Article 91,
if his or her term of office expires or if the term of the House of Representatives and National Assembly expires,
if he or she remains absent from ten consecutive meetings without notification to the House,
if the party of which he or she was a member when elected provides notification in the manner set forth by law that he or she has abandoned the party.
if he or she dies.

90. Decision as to Disqualification 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 91 the final decision shall be made by the Constitutional bench of the Supreme Court.

91. Speaker and Deputy-Speaker of the House of Representatives

The House of Representatives shall, within fifteen days of commencement of first meeting, elect a Speaker and a Deputy Speaker from among its members.
While electing Speaker and Deputy Speaker as per clause (1), either Speaker or Deputy Speaker shall be a woman and belong to different parties.Provided that, no more than one party is elected to the House of Representatives or does not seek to file its candidacy even when elected, nothing in this article shall bar from having Speaker and Deputy Speaker of the same party.
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.
The Deputy Speaker shall, in the absence of the Speaker of the House of Representatives, chair the meeting of House of Representatives.
In case the election of the Speaker and Deputy Speaker has not taken place, or both positions remain vacant, the senior-most member of the House of Representatives shall preside the meeting of the House of Representatives.
The office of the Speaker or the Deputy Speaker shall be vacant in the following circumstances:
1. if s/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
2. if s/he submits a written resignation;
3. 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/ her conduct is not compatible with his/her position.
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/her position. The Speaker shall be entitled to take part and vote in the deliberations on such resolution.

92. Chairperson and Vice-Chairperson of National Assembly

After the commencement of its first session, the National Assembly shall, within fifteen days of commencement of first meeting, elect a Chairperson and Vice chairperson from among its members.
While electing as per clause (1), either Chairperson or Vice chairperson Chairman of the National Assembly shall be a woman.Provided that no more than one party is elected to the National Assembly or does not seek to file its candidacy even when elected, nothing in this article shall bar from having Chairperson and Vice chairperson from the same party.
If the office of the Chairperson or Vice chairperson falls vacant, the National Assembly shall fill the vacancy through election from among its members.
The Vice-Chairperson shall, in the absence of the Chairperson of the National Assembly, chair the National Assembly.
If the election of the Chairperson and Vice chairperson has not taken place, or if both the positions have become vacant, the senior-most member of the National Assembly shall preside over the meeting of the National Assembly.
The office of the Chairperson and Vice chairperson shall be vacant in the following circumstances:
1. if s/he ceases to be a member of the National Assembly,
2. if s/he submits a written resignation,
3. if a resolution is passed by a majority of two-thirds of the total members of the National Assembly to the effect that his or her conduct is not compatible with his/her position.
The Vice-Chairperson shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the Chairperson of the National Assembly is not compatible with his/her position. The Chairperson shall be entitled to take part and vote in the deliberations on such resolution.

93. Summoning and Prorogation of Sessions

President shall summon a session of parliament within one month after the elections to the House of Representatives are held. Thereafter, President 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.
President may prorogue the session of both or either of the Houses of Parliament.
If, during the prorogation or recess of the House of Representatives, one-fourth of its members submit a request stating that it is desirable that a session or meeting of House of Representatives be called, the President shall call the session or meeting of the Parliament by setting date and time for this within a fortnight, and House of Representatives shall convene or commence its session on the specified date and the time thus fixed.

94. 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.

95. Address by President

President may address either House or a joint sitting of both the Houses of Parliament, and s/he may summon the members for that purpose.
President 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.

96. Deputy Prime-minister, State Minister and Assistant Minister Entitled to Take Part in Both Houses

A Minister shall be entitled to attend and take part in the proceedings and deliberations of any of the House of Parliament or its committees.

Provided that s/he shall not be entitled to vote in a House or committee of which s/he is not a member.

97. Formation of Committees

House of Representatives and National Assembly shall have the right to form committees according to the law.
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. The Joint Committee shall consist of up to a maximum of twenty-five members in the ratio of five members from the House of Representatives to one member from the National Assembly.

98. Transaction of Business in case of vacancy of Members

Both House of Federal 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.

99. 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 right to cast decisive vote in case of a tie.

100. Provision related to Vote of Confidence and Motion of no-confidence

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, shall table a resolution to that effect in the House of Representatives.
The Prime Minister may, if his or her party is fragmented or the coalition partner withdraws its support, 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 within thirty days.
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.
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 up to first two years of appointment of the Prime Minister and if a no-confidence motion fails, another motion cannot be tabled within a year of its failure.
The name of the member proposed for Prime Minister should be mentioned when tabling the no-confidence motion under clause (4).
The Prime Minister shall be deemed to be relieved of his/her office if the no-confidence motion tabled under clause (4) is passed by a majority of the total number of members of the House of Representatives.
If the office of Prime Minister falls vacant under clause (6), the President shall appoint the member proposed in motion of no-confidence under Article 76, the Prime Minister.

101. Impeachment

At least one-fourth majority of the total number of the then members of House of Representatives may table a motion of impeachment against the President or Vice-President on the charge of serious violation of the Constitution and law by him/her. If at least two-thirds majority of the total number of the then members of joint session of both Houses of Federal Parliament passes the motion, the President or Vice President shall ipso facto be relieved of his or her office.
A motion of impeachment against the Chief Justice or any other Judge of Supreme Court, member of Judicial Council and Head or official of Constitutional Bodies may be moved by at least one-fourth majority of the total number of the then members of House of Representatives on the grounds of serious violation of the Constitution and law, his or her incompetence, misbehavior or failure to discharge the duties of his or her office in good faith or his or her inability to discharge his or her duties because of physical or mental reason; and if the motion is passed by a two-thirds majority of the total number of the then members of joint session of both Houses of Federal Parliament, he or she shall ipso facto be relieved of his or her office.
A motion of impeachment recommendation committee shall be formed in House of Representatives to recommend charges of impeachment under clause (2).
The committee formed under clause (3) shall comprise of eleven members.
According to clause (2), motion of impeachment can be tabled at the House of Representatives by the committee under clause (2) on the charges of serious violation of constitution, other grounds of his or her incompetence, misbehavior or failure to discharge the duties of his or her office in good faith or his or her inability to discharge his or her duties because of physical or mental reason, are proven with evidence by at least three members.
Once the process of impeachment is set in motion as per clause (2), then the person against whom the impeachment motion is moved, whether Chief Justice or Supreme Court judges, members of Judicial Council or chiefs or members of Constitutional bodies, shall not perform his/her duty till the process over the motion is complete.
Person against whom impeachment motion is moved as per clause (1) or (2) shall be given adequate opportunity to defend.
There shall be no obstruction in taking action as per the law against a person who is discharged of duty after the approval of impeachment motion as per this article if such a person is found to have committed crime whether such person was President or vice President, chief justice or supreme court judges, members of judicial council or chiefs or members of constitutional bodies.
Any official who has been removed from office by way of impeachment pursuant to clause (1) and (2) shall not be entitled to gratuity or pension, and shall be ineligible to be appointed or nominated to any other public position.
Other provisions related to impeachment motion shall be as provided by law.

102. 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 88, or knowing that s/he is not qualified for membership in the House, s/he shall, on order of the person chairing the House, be liable to a fine of five thousand rupees for each day of such presence or voting. The fine shall be recovered as government dues.

103. Privileges

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.
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.
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.
The provisions laid in clause (1) and (3) shall also apply to any person, other than a member, who is entitled to take part in a meeting of the House.
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 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 House of Representatives and National Assembly and shall also mean a joint sitting of Parliament or a meeting of the Joint Committee.
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.
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 taken place.
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.
Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.

104. Procedures relating to the Conduct of Business

Each House of Federal 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 Federal Parliament or committees. The Federal Parliament shall determine its own conduct of business until such rules are framed.
Matters relating to the conduct of business of a joint sitting of Federal Parliament and the constitution of its Joint Committee and the functions and procedures thereof shall be in accordance with rules approved by the joint session of the both Houses.

105. Restriction on discussion

No discussion shall be held in either House of Federal Parliament on a matter which is under consideration in any court of Nepal, and about anything done by a Judge in course of performance of his duties.

Provided that nothing in this Article shall be deemed to bar the expression of opinion about the conduct of a Judge during deliberations on a motion of impeachment.

106. Secretary General and Secretary of Federal Parliament

Secretary of the House of Representatives shall be appointed on the recommendation of its Speaker, the Secretary of the National Assembly shall be appointed on the recommendation of its Chairperson, the secretary-general appointed in consultation with both the Speaker and the Chairperson.
The qualifications, duties, functions, rights and other services of Secretary General the Secretary of the National Assembly, and the Secretary of Federal House of Representatives shall be as determined by law.

107. Secretariat of Federal Parliament

A Secretariat shall be established for the purpose of conducting the business of Parliament. Other matters related thereto shall be as determined by law.

108. Remuneration

The remuneration and benefits of the Speaker and Deputy Speaker of the House of Representatives, the Chairperson and Vice-Chairperson of the National Assembly and Chairperson of committees and members of Federal Parliament shall be as determined by the law. Until so determined it shall be as specified by the Government of Nepal.