Nepal 2006 Constitution (reviewed 2012)

Part 20. PROVISIONS RELATING TO ARMY

144. Constitution of the Nepal Army

1. There shall be an organization of the Nepal Army in Nepal.
2. The President shall be the supreme commander-in-chief of the Nepal Army.
3. The President shall, on the recommendation of the Council of Ministers, appoint the Commander-in-Chief of the Nepal Army.
4. The President shall, on the recommendation of the Council of Ministers control, mobilize and manage the Nepal Army in accordance with law. The Council of Ministers shall, with political understanding and on suggestions of the concerned committee of the Legislature-Parliament, prepare and enforce a detailed action plan on the democratization of the Nepal Army.
5. The action plan to be prepared and enforced pursuant to clause (3) shall include acts of rightsizing Nepal Army, building its democratic structure, national and inclusive character and imparting trainings to the Army in accordance with the values of democracy and human rights.
6. In order to make the Nepal Army inclusive and national in character, the entry of the Mahesi, indigenous peoples, Dalit, women and people in backward area shall be ensured by law, on the basis of the principles of equality and inclusion.
7. Other matters pertaining to the Nepal Army shall be as provided in law.

145. National Defence Council

1. There shall be a National Defence Council of Nepal for making recommendation to the Council of Ministers on the mobilization, operation and use of the Nepal Army, which shall consist of the following as the chairperson and members:
   1. The Prime Minister -Chairperson
   2. The Minister for Defence -Member
   3. The Minister for Home Affairs -Member
   4. Three Ministers so designated by the Prime Minister as to have representation of different parties out of the political parties having representation in the Council of Ministers -MemberProvided that, where there is representation of less than three political parties in the Council of Ministers, nothing shall be deemed to bar the making of designation in such a manner as to have representation of less than three political parties.
2. In cases where the same person is both the Prime Minister and the Minister for Defense, the senior-most Member of the Council of Ministers shall be a member of the National Defence council.
3. The National Defence Council may invite any other person to its meeting, as per necessity.
4. The secretary at the Ministry of Defense shall act as the secretary of the National Defence Council; and in his or her absence, any officer designated by the Prime Minister shall carry out such act.
5. Except in cases where the Nepal Army has been mobilized by reason of a natural calamity, any decision made by the Government of Nepal, Council of Ministers, on the mobilization of Army shall be presented to and approved by the special committee specified by the Legislature-Parliament no later than one month of the decision.
6. The National Defence Council may set its Rules of procedure on its own.

146. Transitional provisions on combatants

The Council of Ministers shall form a special committee for the supervision, adjustment and rehabilitation of the Maoist army combatants, in such a manner as to consist of representation of major political parties represented in the Constituent Assembly and the functions, duties and powers of such committee shall be as determined by the Council of Ministers.

147. Management and monitoring

Other provisions on the management and monitoring of the arms and armies shall be as mentioned in the Comprehensive Peace Accord and the Agreement on Monitoring of the Management of Arms and Armies concluded between the Government of Nepal and CPN (Maoist) on 5 Mangsir 2063 (21 November 2006) and 22 Mangsir 2063 (8 December 2006), respectively.