Part 8 : Federal Legislature | The Constitution of Nepal 2015

Part 8
Federal Legislature

83. Federal Legislature:

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

84. Composition 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 geography and population,
2. One hundred and ten members to be elected through the proportional electoral system where voters vote for political parties, with the whole country being considered as a single election constituency.
The Federal law shall provide that, in fielding candidacy by political parties for the election to the House of Representatives under the proportional electoral system, representation shall be ensured on the basis of a closed list also from women, Dalit, indigenous peoples, Khas Arya, Madhesi, Tharu, Muslims and backward regions, on the basis of population. In so fielding candidacy, regard shall also be had to geography and territorial balance.
Explanation: For the purposes of this clause, “Khas Arya” means Kshetri, Brahmin, Thakuri, Sanyasi (Dashnami) community.
In fielding candidacy under clause (2), political parties shall provide for representation of the persons with disabilities as well.
Election to the House of Representatives under clause (1) shall be held through secret ballots in accordance with law.
Each citizen of Nepal who has completed the age of eighteen years shall have the right to vote in any one election constituency as provided for in the Federal law.
A person who is qualified under Article 87 and entitled to vote in an election to the members of the House of Representatives may, subject to the Federal law, be a candidate in any election constituency.
Provided that a person shall not be a candidate in more than one election constituencies at the same time.
If the seat of any member of the House of Representatives falls vacant while its term still remains for more than six months, the vacancy shall be filled in the same manner of electoral system as in which such seat was filled in.
Notwithstanding anything contained elsewhere in this Part, at least one third of the total number of members elected from each political party representing in the Federal Parliament must be women. If women are not so elected as to constitute one third of the elected members of any political party under sub-clause (a) of clause (1) and sub-clause (a) of clause (2) of Article 86, such political party must, in electing members under sub-clause (b) of clause (1), so elect that women members constitute at least one third of the total number of members elected to the Federal Parliament from that party.
Election to the House of Representatives and other matters pertaining thereto shall be as provided for in the Federal law.

85. Term of House of Representatives:

Unless dissolved earlier pursuant to this Constitution, the term of the House of Representatives shall be five years.
Notwithstanding anything contained in clause (1), the term of the House of Representatives may be extended by a Federal Act for a period not exceeding one year in cases where a proclamation or order of a state of emergency is in effect.
The term of the House of Representatives extended under clause (2) shall ipso facto expire upon the expiry of six months from the date of voidance of the proclamation or order of the state of emergency.

86. Composition of National Assembly and term of office of its members:

The National Assembly shall be a permanent House.
The National Assembly shall consist of fifty nine members as follows:
1. fifty six elected members consisting of at least three women, one Dalit and one from persons with disabilities or minorities, from each State by an electoral college composed of members of the State Assembly, chairpersons and vice-chairpersons of the Village Bodies, and Mayors and Deputy-Mayors of the Municipalities, with different weight age of vote by members of the State Assembly, chairpersons and vice-chairpersons of the Village Bodies, and Mayors and Deputy-Mayors of the Municipalities, as provided for in the Federal law,
2. Three members consisting of at least one woman nominated by the President on recommendation of the Government of Nepal.
The term of office of the members of the National Assembly shall be six years. The term of office of one third of the members of the National Assembly shall expire in every two 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.
In computing the term of office of the members of the National Assembly for the first time after the commencement of this Constitution, the term of office of all members shall be deemed to have commenced on the day on which the first session of the National Assembly is held.
Any vacancy of seat in the National Assembly shall be filled for the remainder of the term of office in the same manner of election or nomination as in which the seat of the vacating member was filled.
Other matters relating to election to the members of the National Assembly shall be as provided for in the Federal law.

87. Qualification for member:

A person who has the following qualification shall be qualified to become a member of the Federal Parliament:
1. being a citizen of Nepal,
2. having completed the age of twenty five years, for the House of Representatives, and the age of thirty five years, for the National Assembly,
3. not having been convicted of a criminal offense involving moral turpitude,
4. not being disqualified by any Federal law, and
5. not holding any office of profit.
  Explanation: For the purposes of this clause, “office of profit” 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.
No person may be a member of both Houses at the same time.
If a person who holds a political office to be filled by way of election, nomination or appointment is elected or nominated as a member of the Federal Parliament under this Part, his or her such office shall ipso facto be vacant from the day on which he or she takes an oath of office of member of the Federal Parliament.

88. Oath:

Every member of each House of the Federal Parliament must, before taking part for the first time in the session of the House or any of its committees, take an
oath as provided for in the Federal law.

89. Vacation of seat:

The seat of a member of the Federal Parliament shall become vacant in any of the following circumstances:

if he or she tenders resignation in writing before the Speaker or Chairperson,
if he or she is no longer qualified or ceases to possess the qualification under Article 87,
if the term of the House of Representatives or the term of office of the member of the National Assembly expires,
if he or she absents himself or herself from ten consecutive meetings, without giving notice to the concerned House,
if the political party of which he or she was a member when elected provides a notification in accordance with the Federal law that he or she has defected from the party,
if he or she dies.

90. Decision as to disqualification of member:

If a question arises as to whether any member of the Federal Parliament is disqualified or has become disqualified under Article 87, the Constitutional Bench of the Supreme Court shall finally decide that question.

91. Speaker and Deputy Speaker of House of Representatives:

The members of the House of Representatives shall, not later than fifteen days of the date of holding of the first meeting of the House of Representatives, elect a Speaker and a Deputy Speaker from amongst themselves.
Election under clause (1) shall be so held that there is one woman out of the Speaker and the Deputy Speaker, and the Speaker and the Deputy Speaker of the House of Representatives shall be representatives from different parties.
Provided that if there is no representation of more than one party in the House of Representatives or no candidacy is filed by more than one party in spite of representation, nothing shall prevent the members of the same party from being the Speaker and the Deputy Speaker of the House of Representatives.
If the office of the Speaker or the Deputy Speaker falls vacant, the members of the House of Representatives shall fill the vacancy by electing the Speaker or Deputy Speaker from amongst themselves.
The Deputy Speaker shall, in the absence of the Speaker, chair the House of Representatives.
If election to the Speaker and the Deputy Speaker is not held or if both the positions become vacant, the attending member who is by age the seniormost shall chair the meeting of the House of Representatives.
The office of the Speaker or Deputy Speaker of the House of Representatives shall become vacant in any of the following circumstances:
1. if he or she ceases to be a member of the House of Representatives,
  Provided that, in the event of dissolution of the House of Representatives, the Speaker and the Deputy Speaker of the House of Representatives holding their respective offices shall continue in office until the previous day of the filing of nominations for another election to the House of Representatives,
2. if he or she tenders resignation in writing,
3. if a resolution is passed by a majority of two-thirds of the total number of the then members of the House of Representatives that his or her conduct is not compatible with his or her office.
The Vice-Chairperson of the National Assembly shall chair 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 or her office. The Chairperson of the National Assembly may take part and vote in the deliberations on such resolution.

93. Summoning and prorogation of session:

The President shall summon a session of the Federal Parliament within thirty days of the declaration of final results of the election to the House of Representatives. Thereafter, the President shall, from time to time, summon sessions of both or either of the Houses pursuant to this Constitution.
Provided that the interval between the two consecutive sessions shall not exceed six months.
The President may prorogue the sessions of both or either of the Houses of the Federal Parliament.
If, during the prorogation or recess of the session of the House of Representatives, one-fourth of the total number of its members write a petition that it is desirable to convene a session or meeting, the President shall specify the date and time for such session or meeting. The House of Representatives shall meet or commence its session at the date and time so specified.

94. Quorum:

Except as otherwise provided in this Constitution, no question or resolution shall be presented for decision in a meeting of either House of the Federal Parliament unless one-fourth of the total number of its members are present.

95. Address by President:

The President may address either a meeting of any House or a joint sitting of both Houses of the Federal Parliament, and summon the members for that purpose.
The President shall address the first session after election to the House of Representatives and a joint sitting of both Houses of the Federal Parliament after the commencement of the first session of each year.

96. Deputy Prime Minister, Minister, Minister of State and Assistant Minister entitled to take part in both Houses:

The Deputy Prime Minister, Minister, Minister of State and Assistant Minister shall be entitled to attend and take part in the proceedings and deliberations of either House of the Federal Parliament or its committees.
Provided that he or she shall not be entitled to vote in a House or its committee of which he or she is not a member.

97. Formation of committees:

The House of Representatives and the National Assembly may form committees as provided for in the Federal law.
If a resolution is passed by either House demanding that a joint committee of both the Houses be formed for the purpose of managing the working procedures between the two Houses of the Federal Parliament, resolving disagreement on any Bill or for any other specified function, the joint committee shall be formed. The joint committee shall consist of a maximum of twenty five members in the ratio of five members from the House of Representatives to one member from the National Assembly on the basis of inclusion.

98. Transaction of business in case of vacancy in seat of member:

Either House of the Federal Parliament shall have the power to transact its business notwithstanding any vacancy in the seat of its member. No proceedings of either House of the Federal Parliament shall become invalid even if it is subsequently discovered that a person who was not so entitled took part in such proceedings.

99. Voting:

Except as otherwise provided in this Constitution, any motions submitted for decision in either House of the Federal Parliament shall be decided by a majority vote of the members present and voting. The member chairing the meeting shall not have the right to vote.
Provided that he or she may cast vote in the case of a tie.

100. Provisions relating to vote of confidence and motion of no-confidence:

The Prime Minister may, whenever he or she considers necessary or appropriate to show that he or she has confidence from the House of Representatives, table a motion to that effect in the House of Representatives for the vote of confidence.
If the political party which the Prime Minister represents is divided or a political party in coalition government withdraws its support, the Prime Minister shall table a motion in the House of Representatives for a vote of confidence within thirty days.
If a motion tabled under clauses (1) and (2) is not passed by a majority of the total number of the then members of the House of Representatives, the Prime Minister shall relieve of his or her office.
One-fourth of the total number of the then members of the House of Representatives may table a motion of no-confidence in writing that the House has no confidence in the Prime Minister.
Provided that a motion of no confidence shall not be tabled until the first two years after the appointment of the Prime Minister and until another one year after the date of failure of the motion of no confidence once tabled.
A motion of no confidence to be tabled under clause (4) shall also indicate the name of a member proposed for the Prime Minister.
If a motion of no confidence tabled under clause (4) is passed by a majority of the total number of the then members of the House of Representatives, the Prime Minister shall relieve of his or her office.
If the office of Prime Minister falls vacant because of the passage of a motion of no confidence under clause (6), the President shall, in accordance with Article 76, appoint as the Prime Minister the member of the House of Representatives proposed under clause (5).

101. Impeachment:

One fourth of the total number of the then members of the House of Representatives may move a motion of impeachment against the President or Vice-President on the ground of serious violation of this Constitution and the Federal law. If the motion is passed by at least two thirds majority of the total number of the then members of both Houses of the Federal Parliament, he or she shall relive of his or her office.
One fourth of the total number of the then members of the House of Representatives may move a motion of impeachment against the Chief Justice of Nepal or a Judge of the Supreme Court, member of the Judicial Council, chief or official of a Constitutional Body on the ground of his or her failure to fulfil his or her duties of office because of serious violation of this Constitution and law, incompetence or misconduct or failure to discharge the duties of office honestly or serious violation of the code of conduct. If the motion is passed by at least two thirds majority of the total number of the then members of the House of Representatives, the concerned person shall relieve of his or her office.
There shall be an impeachment recommendation committee in the House of Representatives for the purpose of making recommendation after inquiring into whether there exist the ground and reason for moving a motion of impeachment against any person under clause (2).
The committee under clause (3) shall consist of eleven members of the House of Representatives.
If at least three members of the House of Representatives certify and submit a petition that the received information, notice or petition is admissible on the ground of serious violation of the Constitution or incompetence or misconduct or failure to discharge the duties of office honestly or serious violation of the code of conduct by the person relieving of office on impeachment under clause (2), and the committee under clause (3), upon inquiring into such petition in accordance with Federal law, makes recommendation to the House of Representatives for impeachment proceedings, a motion of impeachment under clause (2) may be moved.
After the commencement of impeachment proceedings under clause (2), the Chief Justice of Nepal or Judge of the Supreme Court, member of the Judicial Council, chief or official of the Constitutional Body shall not be allowed to discharge the duties of his or her office pending the settlement of such proceedings.
A person who is charged with impeachment under clause (1) or (2) shall be provided with a reasonable opportunity to defend himself or herself.
Nothing shall bar the taking of action under the Federal law in relation to the offence, if any, committed while in office by the President or VicePresident, Chief Justice of Nepal or a Judge of the Supreme Court of Nepal, member of the Judicial Council, chief or official of a Constitutional Body who is relieved of office upon the passage of a motion of impeachment under this Article.
A person who is relieved of office on the passage of a motion of impeachment under clause (1) or (2) shall not be entitled to obtain any facility accruing from such office and to be appointed or nominated to any public office in the future.
Other matters relating to impeachment shall be as provided for in the Federal law.

102. Penalty for unauthorized presence or voting:

If a person who has not taken oath under Article 88 or who is not a member of the Federal Parliament is present or votes in the capacity of member in a meeting of either House of the Federal Parliament or of its committee, the person shall, by order of the person chairing the meeting, be fined with a sum of five thousand rupees for each instance of such presence or voting, and such fine shall be recovered as a government due.

103. Privileges:

There shall be full freedom of speech in both Houses of the Federal Parliament; and no member shall be arrested, detained or prosecuted in any court for anything expressed or any vote cast by him or her in the House.
Each House of the Federal Parliament shall, subject to this Constitution, have full power to regulate and decide its internal business, and the concerned House shall have the exclusive right to decide whether or not any of its proceedings is regular or irregular. No question shall be raised in any court in this behalf.
No comment shall be made about the good faith concerning any proceeding of any House of the Federal Parliament, and no publication and broadcasting of any kind shall be made about anything said by any member, intentionally distorting or misinterpreting the meaning of the speech.
The provisions of clauses (1) and (3) shall also apply to other persons who are entitled to participate in the meetings of the House than the members of the Federal Parliament.
No proceedings shall be initiated in any court against any person in respect of the publication, under the authority granted by any House of the Federal Parliament, of any document, report, vote or proceeding.
Explanation: For the purposes of this clause and clauses (1), (2), (3) and (4), “House” means the House of Representatives or the National Assembly, and includes a joint sitting or committee or joint committee of the Federal Parliament.
No member of the Federal Parliament shall be arrested during the period from the issuance of a notice summoning the session to its prorogation.
Provided that nothing in this clause shall be deemed to bar the arresting under the Federal law of any member on a criminal charge. If any member is so arrested, the authority making such arrest shall forthwith give information thereof to the person presiding over the concerned House.
Any breach of the privileges shall be deemed to constitute contempt of the Federal Parliament, and the concerned House shall have the exclusive right to decide whether any privilege has been breached.
If any person is in contempt of any House, the person presiding over the concerned House may, after a decision by the House to that effect, admonish, warn or impose a sentence of imprisonment for a term not exceeding three months or of a fine not exceeding ten thousand rupees on such person, andsuch fine shall be recovered as a government due.
Provided that if such person apologies to the satisfaction of the concerned House, it may pardon, remit or commute the sentence imposed on, him or her.
Other matters relating to the privileges of the Federal Parliament shall be as provided for in the Federal law.

104. Procedures relating to conduct of business:

Each House of the Federal Parliament shall frame rules to conduct its business, maintain order during its meetings and regulate the constitution, functions and procedures of the committees and procedures of the House or its committee. Until such rules are framed, the Federal Parliament shall regulate its procedures on its own.
The conduct of business of the joint sitting of the Federal Parliament, and constitution and proceedings of the joint committee of the Federal Parliament shall be regulated by the rules or procedures approved by the joint sitting of both Houses of the Federal Parliament.

105. Restriction on discussion:

No discussion shall be held in either House of the Federal Parliament on any matters that may cause adverse effect on the dispensation of justice on any cases which are sub judice in any courts of Nepal and on any judicial acts done by Judges in the course of performance of their duties.
Provided that nothing in this Article shall be deemed to bar the expression of opinions about the conduct of a Judge during deliberations held on a motion of impeachment.

106. Secretary General and Secretary of Federal Parliament:

The President shall appoint the Secretary General of the House of Representatives on recommendation of both the Speaker of the House of Representatives and the Chairperson of the National Assembly, the Secretary of the House of Representatives on recommendation of the Speaker, and the Secretary of the National Assembly on recommendation of the Chairperson.
The qualification, functions, duties, powers and other conditions of service of the Secretary General of the Federal Parliament, Secretary of the House of Representatives and Secretary of the National Assembly shall be as provided for in the Federal law.

107. Secretariat of Federal Parliament:

There shall be a Secretariat for conducting and managing the business of the Federal Parliament. The establishment of such Secretariat and other matters related thereto shall be as provided for in the Federal law.

108. Remuneration:

The remuneration and facilities of the Speaker and the Deputy Speaker of the House of Representatives, the Chairperson and the ViceChairperson of the National Assembly, chairpersons of the committees and members of the Federal Parliament shall be as provided for in the Federal law, and as specified by the Government of Nepal until such law is made.