Constitution

Nepal 2006 Constitution (reviewed 2012)

Table of Contents

Part 4A. President and Vice-President

36A. President

  1. There shall be a President in Nepal.
  2. The President shall be the head of state of the country, and in that capacity perform his or her functions in accordance with this Constitution and the laws in force.
  3. The main duty of the President shall be to protect and abide by this Constitution.

36B. Election to President

  1. The Constituent Assembly shall elect the President on the basis of political understanding.
  2. If political understanding is not made pursuant to Clause (1), a person who secures a majority of the total number of the then members of the Constituent Assembly shall be deemed elected to the office of President.
  3. Other procedures relating to the election of President shall be as determined by the Constituent Assembly.
  4. If any person holding any political office to be filled by way of election, nomination or appointment is elected to the office of President, such political office shall, ipso facto, be vacant.

36C. Term of office of President

The term of office of the President shall be until the commencement of the constitution to be promulgated by the Constituent Assembly.

36D. Qualification for President

In order to become the President, a person must possess the following qualification:

  1. Being qualified to become a member of the Constituent Assembly; and
  2. Having attained at least thirty five years of age.

36E. Vacation of office of President

The office of the President shall become vacant in any of the following circumstances:

  1. if he or she tenders resignation before the Vice-president;
  2. if at least two-thirds majority of the total number of the then members of the Constituent Assembly adopts a resolution of impeachment against him or her on the charge of serious violation of the Constitution by him or her; or
  3. if he or she dies.

36F. President to take oath

  1. The President shall, prior to assuming his or her duties, take an oath of office and secrecy before the Chief Justice in a form at referred to in Schedule-1A in official Nepali language.
  2. Notwithstanding anything contained in Sub-article (1), if the president wants to take oath in his/her mother tongue spoken in Nepal, he/she shall submit a copy in the format of oath to the office of president by translating it into his/her mother tongue Twenty-Four Hour before the prescribed time for swearing in.
  3. The president, upon taking oath pursuant to this article, shall submit a copy of such oath to the office of president with his/her signature.Provided that, if the president has taken oath in his/her mother tongue spoken in Nepal, he/she shall sign and submit a copy in the official Nepali language and copy in any other Nepali mother tongue to the office of president.
  4. The Office of President shall maintain the record of such oath taken pursuant to this Article.

36G. Vice-president

  1. There shall be a Vice-president in Nepal.
  2. The Vice-president shall perform the functions to be performed by the President in absence of the President or until another President is elected after the removal of the President from his or her office pursuant to Article 36E.
  3. If any person holding any political office to be filled by way of election, nomination or appointment is elected to the office of Vice-president, such political office shall, ipso facto, be vacant.

36H. Vacation of office of Vice-president

The office of the Vice-president shall become vacant in any of the following circumstances:

  1. if he or she tenders resignation before the President;
  2. if at least two-thirds majority of the total number of the then members of the Constituent Assembly adopts a resolution of impeachment against him or her on the charge of serious violation of the Constitution by him or her; or
  3. if he/she dies.

36I. Other provisions relating to Vice-president

  1. Provisions relating to the qualification, election procedure and term of office of the Vice-president shall be the same as those of the President.
  2. The vice-President shall, prior to assuming his/her duties, take an oath of office and secrecy before the president in a form at referred to in Schedule-1A in official Nepali language.
  3. Notwithstanding anything contained in Sub-article (1), if the Vice-president wants to take oath in his/her mother tongue spoken in Nepal he/she shall submit a copy of the format of oath to the office of president by translating it into his/her mother tongue Twenty-Four Hour before prescribed time for swearing in.
  4. The Vice-president, upon taking oath pursuant to this article, shall submit a copy of such oath to the office of president with his/her signature.Provided that, if the Vice-president has taken oath in his/her mother tongue spoken in Nepal, he/she shall sign and submit a copy in the official Nepali language and copy in any other Nepali mother tongue to the office of president.
  5. The Office of president shall maintain the record of such oath taken pursuant to this Article.

36J. Remuneration and facilities of President and Vice-president

The remuneration and other facilities of the President the Vice-president shall be as determined by an Act and as determined by the Government of Nepal until such Act is made.

36K. Office of President and Vice-president

  1. There shall be separate offices for rendering assistance in the functions of the President and the Vice-president.
  2. The Government of Nepal shall arrange for employees as required for the operation of the activities of, and other matters relating to the management of, the offices referred to in Clause (1)
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