Nepal 2006 Constitution (reviewed 2012)

Part 22. MISCELLANEOUS

149. Constitutional Council

1. There shall be a Constitutional Council for making recommendations for appointment of officials to 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 Legislature-Parliament -Member
   4. Three Ministers so designated by the Prime Minister as to have representation of different political 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.
   5. Leader of Opposition Party in the Legislature-Parliament -Member
2. While making recommendation for appointment to the office of the Chief Justice in the event that such office falls vacant, the Constitutional Council shall include the Minister for Justice as its member.
3. The procedures on the appointment of officials to Constitutional Bodies and other functions, duties and powers and Rules of procedures of the Constitutional Council shall be as determined by law.
4. The Chief Secretary of the Government of Nepal shall act as the secretary of the Constitutional Council.

150. Nepalese ambassadors and emissaries

The President may, on the recommendation of the Council of Ministers, appoint the Nepalese ambassadors, and special emissaries for any specific purposes.

151. Pardons

The President may, on the recommendation of the Council of Ministers, grant pardons and suspend, commute or remit any sentence passed by any court, special court, and military court or by any other judicial quasi-judicial or administrative authority or body.

152. Titles, honors and decorations

1. The titles, honors and decorations to be conferred on behalf of the State shall be conferred by the President, on the recommendation of the Council of Ministers.
2. No citizen of Nepal shall, without the approval of the Government of Nepal, accept any title, honor or decoration from the government of any foreign country.

153. Constitution of Government Service

The Government of Nepal may, in order to run the Administration of the country, constitute the Civil Service and such other government services as may be required. The constitution, operation and conditions of service thereof shall be as determined by an Act.

154. Constitution of commissions

The Government of Nepal may constitute such commissions as may be required for the protection and promotion of the rights and interests of various sectors Including women, Dalit, indigenous peoples, Madhesi, disabled, labours or farmers. The provisions relating to the formation, functions, duties and powers of such commissions shall be as determined by law.

154A. Election Constituency Delimitation Commission

1. The Government of Nepal may constitute an Constituency Delimitation Commission, to determine election constituencies for the purpose of the election to the members of the Constituent Assembly, which shall consist of the following as the chairperson and members:
   1. Retired Judge of the Supreme Court -Chairperson
   2. Geographer -Member
   3. Sociologist or demographer -Member
   4. Administrator or management expert -Member
   5. Gazetted special class officer in the service of the Government of Nepal -Member-secretary
2. The chairperson and members of the Constituency Delimitation Commission shall be appointed by the Government of Nepal.
3. The term of office of the Constituency Delimitation Commission shall be as prescribed by the Government of Nepal at the time of the constitution of the Commission, and such term may be extended, if required, by the Government of Nepal.
4. Without prejudice to the generality of clause (1), no person shall be eligible to be appointed as the chairperson or a member of the Constituency Delimitation Commission unless he or she possesses the following qualification:
   1. holds at least Bachelor’s Degree in related subject from a University recognized by the Government of Nepal;
   2. has attained the age of forty five years; and
   3. Possess a moral character.
5. The office of the chairperson or member of the Constituency Delimitation Commission shall be deemed vacant in any of the following circumstances:
   1. if he or she tenders resignation in writing to the Prime Minister: or
   2. if he or she dies.
6. While delimiting constituencies pursuant to this Article. the Constituency Delimitation Commission shall, subject to Clauses (3) and (3a) of Article 63, determine the number of members to be elected from each district on the basis of the population of that district, by maintaining the proportionality, as far as practicable, between the population of such districts, and the number of members of the Constituent Assembly, and shall determine the number of election constituencies equal to such number, for the purpose of the election to the members of the Constituent Assembly.
7. In delimitating constituencies pursuant to clause (6), due consideration shall be given to inter alia, the boundaries, geographical conditions, density of population, transportation facilities of each administrative district and communal and cultural aspects of the inhabitants in such district, on the basis of equal population and geographical specificity and congeniality.
8. Notwithstanding anything contained in Clause (7), the election constituencies shall not be so delimitated as to be below the number of election constituencies existed in the election districts at the time of the commencement of this Constitution.
9. No question shall be raised in any court on any matter of the delimitation of constituencies made by the Constituency Delimitation Commission or on the review thereof made pursuant to Clause (10c).
10. The Constituency Delimitation Commission shall submit a report on the works it has performed to the Prime Minister.
11. The Prime Minister shall lay the report received pursuant to Clause (10) before the Council of Ministers; and the Council of Ministers shall send the report to the Election Commission and other concerned bodies for its implementation.
12. Notwithstanding anything contained in Clause (10a), if the Council of Ministers considers that it is necessary to review the report submitted to the Prime Minister pursuant to Clause (10), in the case of a district of which delimitation is not in order technically, the Council of Ministers may, in such a special circumstance, request the chairperson and members of the Commission constituted pursuant to Clause (1) to review the report for one time, specifying the deadline for such review.
13. If the Council of Ministers makes a request pursuant to clause (10b), the chairperson and members of such Commission shall make review of the matter as requested by the Council of Ministers and submit a report thereof to the Prime Ministers within that deadline.
14. If a report is received pursuant to Clause (10c), action as referred to in clause (10a) shall be taken in respect of that report.
15. Notwithstanding anything contained elsewhere in this Article, in making a review pursuant to Clause (10c), the Constituency Delimitation Commission shall be deemed to be in existence for the period referred to in Clause (10b) for that purpose.
16. The Constituency Delimitation Commission shall determine its rules of procedures itself.
17. The remuneration and facilities of the chairperson and the members of the Constituency Delimitation Commission shall be similar to those of the Chief Election Commissioner and the Election Commissioners, respectively.
18. The Government of Nepal shall provide such employees as may be required for the Constituency Delimitation Commission.

155. Provisions relating to hearing about, and citizenship of officials of Constitutional Bodies

1. Prior to the appointment of any persons to constitutional positions to which appointments are made on the recommendation of the Constitutional Council pursuant to this Constitution, to positions of Judges of the Supreme Court and to positions of ambassadors,125 there shall be parliamentary hearing about them as provided in law.
2. Only those persons who are citizens of Nepal by descent or birth or who, having acquired naturalized citizenship, have resided in Nepal for at least ten years shall be eligible to be appointed to constitutional positions to which appointments are made pursuant to this Constitution.

156. Ratification of, accession to, acceptance of or approval of, treaties or agreements

1. The ratification of, accession to, acceptance of or approval of, treaties or agreements to which the State of Nepal or the Government of Nepal is to become a party shall be as determined by law.
2. 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 two- thirds majority of the total number of the then members of the Legislature-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 referred to in 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 Legislature-Parliament.

3. 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 be deemed to have come into force for the Government of Nepal or the State of Nepal.
4. Notwithstanding anything contained in clauses (1) and (2), no treaty or agreement shall be concluded in detrimental to the territorial integrity of the State of Nepal.

157. Power to make decision through referendum

1. Save as otherwise provided elsewhere in this Constitution, if a two-thirds majority of the total number of the then members of the Constituent Assembly decides that it is necessary to decide any issue of national importance through referendum, such issue may be decided through referendum.
2. The procedures on making decision through the process as referred to in Clause (1) shall be as determined by law.

158. Power to remove difficulties

If any difficulty arises in connection with the implementation of this Constitution, the President may on the recommendation of the Council of Ministers,126 issue any orders to remove such difficulty; and such orders shall have to be ratified by the Legislature Parliament within one month.