The executive power of Nepal shall, pursuant to this Constitution and other laws, be vested in the Council of Ministers.
The responsibility for issuing general directives, controlling and regulating the administration of Nepal shall, subject to this Constitution and other laws, lie in the Council of Ministers.
The executive functions of Nepal shall be performed in the name of the Government of Nepal.
Any decision or order to be issued in the name of the Government of Nepal pursuant to Clause (3) and other instruments of authorization pertaining thereto shall be authenticated as provided by law.
38. Formulation of Council of Ministers
The Council of Ministers shall be formed under the chairpersonship of the Prime Minister, on the basis of political understanding.
Failing the understanding as referred to in Clause (1), the Prime Minister shall be elected by a majority of the total number of the then members18 of the Legislature-Parliament.
The structure and allocation of business of the Interim Council of Ministers shall be settled through mutual consent.
The Council of Ministers shall consist of Deputy Prime Minister and other Ministers, as required.Explanation: For the purposes of this Article, the expression “Minister” shall include a Minister of State holding an independent portfolio of a Ministry.
The Prime Minister shall, on the recommendation of the concerned parties, appoint Ministers from amongst the members of the Legislature-Parliament.
The Prime Minister and other Ministers shall be collectively responsible to the Legislature-Parliament, and the Ministers shall be individually responsible for the work of their respective Ministries to the Prime Minister and the Legislature-Parliament.
The Prime Minister shall be relieved of his or her office in any of the following circumstances:
if he or she tenders resignation in writing to the President;19
20 if a vote of no-confidence is passed against him or her pursuant to Article 55A;
if he or she ceases to be a member of the Legislature Parliament; or
if he or she dies.
The Deputy Prime Minister, Minister of State and Assistant Minister shall be relieved of his or her office in any of the following circumstances:
if he or she tenders resignation in writing to the Prime Minister;
if the Prime Minister is relieved of his or her office pursuant to the provisions of Clause (7);
if, on the recommendation of, or in consultation with, the concerned party, the Prime Minister relives him or her of his or her office; or
if he or she dies.
Even though the Prime Minister is relieved of his or her office pursuant to clause (7), the same Council of Ministers shall continue to function until a new Council of Ministers is constituted.
If the Prime Minister dies, the Deputy Prime Minister or the senior most Minister shall act as the Prime Minister until a new Prime Minister is selected.
39. Ministers of State and Assistant Ministers
The Prime Minister may, on the recommendation of the concerned party, appoint a Minister of State from amongst the members of the Legislature-Parliament.
The Prime Minister may, on the recommendation of the concerned party, appoint Assistant Minister from amongst the members of the Legislature-Parliament to assist the Minister in carrying out his or her responsibilities.
40. Appointment of non-member of Legislature-Parliament as Minister
Notwithstanding anything contained in Articles 38 and 39, the Prime Minister may, on the basis of political understanding, appoint a person who is not a member of the Legislature-Parliament as Deputy Prime Minister, Minister, Minister of State or Assistant Minister.
41. Remuneration and other facilities
The remuneration and other facilities of the Prime Minister, Deputy, Prime Minister, Minister, Minister of State and Assistant Minister shall be as determined by an Act, and until so determined, shall be as specified by the Government of Nepal.
42. Oath
The Prime Minister shall take an oath of office and secrecy before the President, and the Deputy Prime Minister, Minister, Minister of State and Assistant Minister shall take such oath before the Prime Minister.
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43. Conduct of business of the Government of Nepal
The business of the Government of Nepal shall be conducted in consonance with the spirit of the people’s joint movement, political understanding and culture of collaboration. The common minimum program set through mutual consent shall be the policy basis of the operation of the Government of Nepal.
The allocation and transaction of the business of the Government of Nepal shall be carried out as set forth in the rules approved by the Government of Nepal.
No question whether the Rules referred to in Clause (2) have been observed shall be inquired into in any court.
44. Council of Ministers after formation of Constituent Assembly
After the formation of the Constituent Assembly, the exercise of the executive power, formulation of the Council of Ministers and other matters pertaining thereto shall be governed by the provisions contained in this Part mutatis mutandis.
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