Part 32 : Miscellaneous | The Constitution of Nepal 2015

Part 32
Miscellaneous

275. Provisions relating to referendum:

If a decision is made by a two-thirds majority of the total number of the then members of the Federal Parliament that it is necessary to hold a referendum with respect to any matter of national importance, decision on that matter may be taken by way of referendum.
Matters relating to referendum and other relevant matters shall be as provided for in the Federal law.

276. Pardons:

The President may, in accordance with law, grant pardons, suspend, commute or remit any sentence passed by any Court, judicial or quasi-judicial body or administrative authority or body.

277. Titles, honours and decorations:

The President shall confer titles, honours and decorations to be conferred on behalf of the State.
No citizen of Nepal may, without the approval of the Government of Nepal, accept any title, honour or decoration from any foreign government.

278. Power to make treaties:

The Federation shall have the power to make treaties or agreements.
In making a treaty or agreement on a matter falling within the list of State power, the Government of Nepal must consult the concerned State.
A State Council of Ministers may, with the consent of the Government of Nepal, make contractual agreements on financial and industrial matters.

279. Ratification of, accession to, acceptance of, or approval of, treaties or agreements:

The ratification of, accession to, acceptance of, or approval of, treaties or agreements to which Nepal or the Government of Nepal is to become a party shall be as provided for in the Federal law.
Any law 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 must be made by a majority of two-thirds of the total number of the then members of both Houses of the Federal Parliament:
1. peace and friendship,
2. defense and strategic alliance,
3. boundaries of the State of Nepal, and
4. natural resources, and the distribution of their uses.
  Provided that, out of the treaties or agreements under 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 made by a simple majority of the members present in a meeting of the House of Representatives.
After the commencement of this Constitution, unless a treaty or agreement is ratified, acceded to, accepted or approved in accordance with this Article, such treaty or agreement shall not apply to the Government of Nepal or Nepal.
Notwithstanding anything contained in clauses (1) and (2), no treaty or agreement may be concluded in detrimental to the territorial integrity of Nepal.

280. Special provision relating to discharge of functions of President:

If the offices of both the President and the Vice-President fall vacant in accordance with this Constitution, the Speaker of the House of Representatives shall discharge the functions required to be performed by the President under this Constitution until election to the President or Vice-President is held and he or she assumes office.

281. Appraisal and review of special rights:

The Government of Nepal shall make appraisal and review of the implementation of special rights of the women and Dalit community and impacts thereof, on the basis of human development index, concurrently with a national census to be held in every ten years.

282. Ambassadors and special emissaries:

The President may, on the basis of the principle of inclusion, appoint Nepalese ambassadors and special emissaries for any specific purposes.
The President shall receive letters of credentials from foreign ambassadors and diplomatic representatives.

283. Appointments to be made in accordance with inclusive principle:

Appointments to offices of Constitutional Organs and Bodies shall be made in accordance with the inclusive principle.

284. Provisions relating to Constitutional Council:

There shall be a Constitutional Council for making recommendations for appointment of the Chief Justice and Chiefs and officials of the Constitutional Bodies in accordance with this Constitution, which shall consist of the following as the Chairperson and members:
1. The Prime Minister -Chairperson
2. The Chief Justice -Member
3. The Speaker of the House of Representatives -Member
4. The Chairperson of the National Assembly -Member
5. Leader of Opposition Party in the House of Representatives -Member
6. Deputy Speaker of the House of Representatives -Member
While making a recommendation for appointment to the office of the Chief Justice, the Constitutional Council shall include the Minister for Law and Justice of the Government of Nepal, as its member.
The Constitutional Council must make a recommendation for appointment under this Constitution before one month of the vacation of the office of the Chief Justice or a chief or official of a Constitutional Body.
Provided that if such office falls vacant because of death or resignation, it may so make recommendation for appointment that the office is fulfilled within one month after the date of vacancy.
Other functions, duties and powers of the Constitutional Council and rules of procedures on the appointment of the Chief Justice or chiefs or officials of Constitutional Bodies shall be as provided for in the Federal law.
The Chief Secretary of the Government of Nepal shall act as the secretary of the Constitutional Council.

285. Constitution of government service:

The Government of Nepal may, in order to run the administration of the country, constitute the Federal civil service and such other Federal government services as may be required. The constitution, operation and conditions of service of such services shall be as provided for in the Federal Act.
Positions in the Federal civil service as well as all Federal government services shall be filled through competitive examinations, on the basis of open and proportional inclusive principle.
The State Council of Ministers, Village Executives and Municipal Executives may by law constitute and operate various government services as required for the operation of their administration.

286. Election Constituency Delimitation Commission:

The Government of Nepal may constitute an Election Constituency Delimitation Commission, to determine election constituencies for the purpose of election to the members of the Federal Parliament and members of the State Assemblies in accordance with this Constitution, which shall consist of the following as the Chairperson and members:
1. Retired Judge of the Supreme Court -Chairperson
2. One Geographer -Member
3. One sociologist or demographer -Member
4. One administration expert or jurist -Member
5. Gazetted special class officer of the Government of Nepal -Member secretary
The term of office of the Election Constituency Delimitation Commission shall be as prescribed at the time of its constitution.
A person shall be qualified to be appointed as the Chairperson or a member of the Election Constituency Delimitation Commission if he or she possesses the following qualification:
1. holding at least bachelor’s degree in related subject from a recognized university,
2. having attained the age of forty-five years, and
3. having high moral character.
The office of the Chairperson or a member of the Election Constituency Delimitation Commission shall be vacant in any of the following circumstances:
1. if he or she tenders resignation in writing,
2. if he or she is removed by the Government of Nepal, Council of Ministers,
3. if he or she dies.
While determining election constituencies pursuant to this Article, the Election Constituency Delimitation Commission shall so determine the constituencies, having regard to population and geography as the basis of representation, and as to ensure that the ratio between the geography, population and number of members of such election constituencies is equal, so far as practicable.
While delimitating election constituencies pursuant to clause (5), regard must be had to, inter alia, the density of population, geographical specificity, administrative and transportation convenience, community and cultural aspects of the constituencies.
No question may be raised in any court on any matter of the determination, or review, of election constituencies made by the Election Constituency Delimitation Commission.
The Election Constituency Delimitation Commission shall submit a report on the works it has performed to the Government of Nepal.
The Government of Nepal, Council of Ministers, shall lay the report received pursuant to clause (8) before the Federal Parliament and send it to the Election Commission for implementation.
The Election Constituency Delimitation Commission shall determine its rules of procedures itself.
The remuneration and facilities of the Chairperson and the members of the Election Constituency Delimitation Commission shall be similar to those of the Chief Election Commissioner and the Election Commissioners of the Election Commission, respectively.
The election constituencies delimited in accordance with clause (5) must be reviewed in every twenty years.
The Government of Nepal shall provide such employees as may be required for the Election Constituency Delimitation Commission.

287. Language Commission:

The Government of Nepal shall, no later than one year of the commencement of this Constitution, constitute a Language Commission comprising representation of States.
The Language Commission shall consist of one Chairperson and a required number of members.
The term of office of the Chairperson and members of the Language Commission shall be six years from the date of their appointment. They may not be reappointed.
A person shall be qualified to be appointed as the Chairperson or a member of the Language Commission if he or she possesses the following qualification:
1. holding master’s degree in related subject from a recognized university,
2. having gained at least twenty years of experience in the fields of study, teaching and research on various languages of Nepal,
3. having completed the age of forty-five years, and
4. having high moral character.
The office of the Chairperson or a member of the Language Commission shall be vacant in any of the following circumstances:
1. if he or she tenders resignation in writing,
2. if he or she is removed by the Government of Nepal, Council of Ministers,
3. if he completes the age of sixty five years,
4. if he or she dies.
The functions, duties and powers of the Language Commission shall be as follows:
1. to determine the criteria to be fulfilled for the recognition of the official language and make recommendations on languages to the Government of Nepal,
2. to make recommendations to the Government of Nepal, on the measures to be adopted for the protection, promotion and development of languages,
3. to measure the levels of development of mother tongues and make suggestions to the Government of Nepal, on the potentiality of their use in education,
4. to study, research and monitor languages.
The Language Commission shall complete its task under sub-clause (a) of clause (6) no later than five years after the date of its constitution.
The Government of Nepal may, in coordination with a State Government, establish a branch of the Language Commission in that State.
The other functions, duties, powers and rules of procedures of the Language Commission shall be as provided for in the Federal law.

288. Capital:

The capital of Nepal shall be situated in Kathmandu.
The capital of a State under this Constitution shall be as decided by a two-thirds majority of the number of the then members of the concerned State Assembly.
The business of a State shall be conducted through the place as specified by the Government of Nepal until decision is made in accordance with clause (2).

289. Special provision relating to citizenship of officials:

In order for a person to be elected, nominated or appointed to the office of President, Vice-President, Prime Minister, Chief Justice, Speaker of the House of Representatives, Chief of State, Chief Minister, Speaker of a State Assembly and chief of a security body, the person must have obtained the citizenship of Nepal by descent.
A person who has obtained the citizenship of Nepal by descent, a person who has obtained the naturalized citizenship of Nepal or a person who has obtained the citizenship of Nepal by birth shall also be qualified for the office of a constitutional body other than that mentioned in clause (1).
Provided that the person must have resided in Nepal for at least ten years in the case of a person who has obtained the naturalized citizenship of Nepal, and for at least five years in the case of a person who has obtained the citizenship of Nepal by birth or who has obtained the naturalized citizenship of Nepal in accordance with clause (6) of Article 11.

290. Provisions relating to Guthi (trusts):

The Federal Parliament shall make necessary laws in relation to the rights of the trust and the farmers enjoying possessory rights over trust lands in a manner not to be prejudicial to the basic norms of the trusts.
Other matters relating to trusts shall be as provided by the federal law.

291. Not to be qualified for appointment:

Notwithstanding anything contained elsewhere in this Constitution, a citizen of Nepal who has obtained a foreign permanent residence permit shall not be qualified for election, nomination or appointment to an office to be elected, nominated or appointed pursuant to this Constitution.
Provided that nothing shall prevent electing, nominating or appointing a person who has renounced such foreign permanent residence permit to such office after the expiry of a period of at least three months.
Other matters relating to the citizens of Nepal who have obtained foreign permanent residence permits as mentioned in clause (1) shall be as provided for in the Federal law.

292. Provisions relating to parliamentary hearings:

Parliamentary hearings shall be conducted as to appointments to the offices of the Chief Justice and Judges of the Supreme Court, members of the Judicial Council, chiefs and members of Constitutional Bodies, who are appointed on the recommendation of the Constitutional Council under this Constitution, and to the offices of ambassadors, as provided for in the Federal law.
For the purposes of clause (1), there shall be formed a fifteen member joint committee consisting of members of both Houses of the Federal Parliament, in accordance with the Federal law.
No member of the joint committee under clause (2) shall practice law in the Supreme Court during that term of the Federal Parliament.

293. Monitoring of functioning of Constitutional Bodies:

The chiefs and officials of the Constitutional Bodies must be accountable and responsible to the Federal Parliament. The committees of the House of Representatives may monitor and evaluate the functioning, including reports, of the Constitutional Bodies, other than the National Human Rights Commission, and give necessary direction or advice.

294. Annual reports of Constitutional Bodies:

Every Constitutional Body under this Constitution shall submit an annual report of its functioning to the President, and the President shall cause that report to be laid through the Prime Minister before the Federal Parliament.
The matters to be set out in the annual report under clause (1) shall be as provided for in the Federal law.
Notwithstanding anything contained in clause (1), a Constitutional Body may prepare a separate report in relation to the functioning of each State and submit it to the Chief of State.