Nepal 2006 Constitution (reviewed 2012)

Part 19. EMERGENCY POWER

143. Emergency Power

1. If a grave emergency arises in regard to the sovereignty or integrity of Nepal or the security of any part thereof, whether by war, external aggression, armed rebellion or extreme economic disarray, the President may, on the recommendation of the Government of Nepal Council of Ministers, declare, by proclamation or order, a state of emergency in respect of the whole of Nepal or of any specified part thereof.
2. Every proclamation or order issued under Clause (1) Shall be laid before a meeting of Legislature-Parliament for approval within a month from the date of issuance of such proclamation or order.
3. If a proclamation or order laid for approval pursuant to Clause (2) is approved by a two-thirds majority of the members present in the meeting of the Legislature-Parliament, such proclamation or order shall continue in force for a period of three months from the date of its issuance.
4. If a proclamation or order laid before a meeting of the Legislature-Parliament for approval pursuant to Clause (2) is not approved pursuant Clause (3), such proclamation or order shall ipso facto be deemed to cease to operate.
5. Before the expiration of the period referred to Clause (3), if a meeting of the Legislature-Parliament, by a two-thirds majority of the members present therein, passes a resolution to the effect that the circumstances referred to in Clause (1) continue to exist, it may extend the period of the proclamation or order of the state of emergency for another one period, not exceeding three months as specified in such resolution.
6. After a state of emergency has been declared or order issued pursuant to Clause (1), the President may, on the recommendation of the Government of Nepal, Council of Ministers, issue such orders as are necessary to meet the exigencies. Orders so issued shall be operative with the same force and effect as law so long as the state of emergency is in operation.
7. The President may, at the time of making a proclamation or order of a state of emergency pursuant to Clause (1), suspend the fundamental rights as provided in Part 3 for as long as the proclamation or order is in operation.Provided that clauses (1) and (2) of Article 12 and Sub-clauses (c) and (d) of Clause (3), Articles 13 and 14, Clauses (2) and (3) of Article 15, Articles 16, 17, 18, 20, 21, 22, 23, 24, 26, 29, 30 and 31 and the right to constitutional remedy in relation to such Articles pursuant to Article 32 and the right to the remedy of habeas corpus shall not be suspended.
8. In cases where any Article of this Constitution has been suspended pursuant to Clause (7), no petition may lie in any court for the enforcement of the fundamental right conferred by such Article nor may a question be raised in any court in that respect.
9. If during the continuance of a proclamation or order under Clause (1), any damage is inflicted upon any person from any act done by any official in contravention of law or in bad faith, the affected person may, within three months from the date of termination of the proclamation or order file a petition for compensation for the said damage: and if the court finds the claim valid, it shall cause the compensation to be paid.
10. A proclamation or order of a state of emergency issued pursuant to Clause (1) may be revoked by the President, on the recommendation of the Government of Nepal Council of Ministers, at any time during its continuance.