The President shall, on the recommendation of the Prime Minister, summon the session of the Legislature-Parliament from time to time.
The President shall, on the recommendation of the Prime Minister, prorogue the session of the Legislature-Parliament.
If, during the prorogation or recess of the session or meeting of the Legislature-Parliament, at least one-fourth of the total number of the then members of the Legislature-Parliament make a petition that it is expedient to convene a session or meeting, the President shall, no later than fifteen days, convene such session or meeting by specifying the date and time for the same, and the session or meeting of the Legislature-Parliament shall commence or be held at the date and time so specified.Explanation: For the purposes of this Clause, the expression “petition” shall mean a document bearing the signature of the petitioner.
52. Address by President
The President shall address the session of the Legislature-Parliament, and present thereat the annual policies and programs of the Government.
53. Quorum
Save as otherwise provided in this Constitution, no question or resolution shall be presented for decision in any meeting of the Legislature-Parliament unless one-fourth of the total number of members are present.
54. Conduct of business in case of vacancy in membership
The Legislature-Parliament shall have power to conduct its business notwithstanding any vacancy in the seat of any member of the Legislature-Parliament; and no proceedings in the Legislature-Parliament shall become invalid notwithstanding that it is discovered subsequently that some person who was not entitled so to do took part in such proceedings.
A Minister or Minister of State or Assistant Minister who is not a member of the Legislature-Parliament shall be entitled to attend any meeting of the Legislature-Parliament or any of its committees.Provided that he or she shall not have the right to vote.
55. Voting
Save as otherwise provided in this Constitution, any question put before for decision in any meeting of the Legislature-Parliament shall be decided by a majority of votes of the members present and voting. Ordinarily, the presiding member shall not have the right to vote.
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Provided that, he or she may exercise the casting vote in the case of a tie.
55A. Vote of confidence
The Prime Minister may, whenever he or she is of the opinion that it is necessary or appropriate to make it clear that the Legislature-Parliament has confidence in him or her, may table a resolution in the Legislature-Parliament for a vote of confidence.
At least one-fourth of the total number of members of the Legislature-Parliament may table in writing a no-confidence motion that the Legislature-Parliament has no confidence in the Prime Minister.Provided that, a no-confidence motion shall not be tabled against the same Prime Minister more than once within six months.
A decision on the resolution or motion tabled pursuant to Clause (1) or (2) shall be made by a ……36 majority of the number of the then members of the Legislature-Parliament.
56. Privileges
There shall be full freedom of speech in any meeting of the Legislature-Parliament; and no member shall be arrested, detained or prosecuted in any court for anything expressed or any vote cast by him or her in such meeting.
The Legislature-Parliament shall have full power to regulate its internal business, and it shall be the exclusive right of the Legislature-Parliament to decide whether or not any of its proceedings is regular or irregular. No question in this behalf shall be raised in any court.
No comment shall be made about the good faith concerning any proceeding of the Legislature-Parliament, and no publication and broadcasting of any kind shall be made about anything said by any member, intentionally distorting or misinterpreting the meaning of the speech.
No proceedings shall be initiated in any court against any person in respect of the publication under the authority of the Legislature-Parliament of any document, report, vote or proceeding.Explanation: For the purposes of Clauses (1), (2), (3) and (4), the expression “Legislature Parliament” shall include the Legislature-Parliament and any of its committees.
No member of the Legislature-Parliament be arrested during the session of the Legislature-Parliament.Provided that nothing in this Clause shall be deemed to prevent the arrest under any law of any member on a criminal charge. If any member is so arrested, the authority making such arrest shall forthwith give information thereof to the person presiding over the Legislature-Parliament.
A violation of any matter contained in this Article shall be a breach of the privileges of the Legislature-Parliament; and any breach of the privileges of the Legislature-Parliament shall be deemed to constitute contempt of the Legislature-Parliament. The Legislature-Parliament shall have the exclusive right to decide whether any breach of privilege has taken place.
If any person commits in contempt of the Legislature-Parliament, the person presiding over the meeting may, after a decision by the meeting to that effect, admonish, warn or impose a sentence of imprisonment for a term not exceeding three months or of a fine not exceeding ten thousand rupees on such person. If such person fails to pay such fine, it shall be recovered as government dues.Provided that if such person submits an apology to the satisfaction of the Legislature-Parliament, it may either pardon him or her or remit or commute the sentence imposed on him or her.
Other matters relating to privileges not mentioned in this Constitution shall be such as may be determined by law.
57. Procedures relating to conduct of business
The Legislature-Parliament shall, subject to this Constitution, conduct its business on the basis of political understanding, and frame rules for maintaining order during its meetings and regulating the constitution, functions and procedures of the committees or any other matters. Until such Rules are framed, the Legislature-Parliament shall set its own Rules of procedure.
57A. Opposition party
There shall be an opposition party in the Legislature-Parliament and a leader of such party.
The remuneration and other facilities of the leader of the opposition party shall be as determined by law.
58. Committees
The Legislature-Parliament shall have committees and subcommittees in the required number as provided in its Rules.
59. Powers of Legislature-Parliament to be exercised by Constituent Assembly
Upon the expiration of the term of the Legislature-Parliament pursuant to this constitution, the Constituent Assembly shall exercise the powers of the Legislature-Parliament as referred to in this Constitution.
60. Restriction on discussion
No discussion shall be held in the House on any matter which is sub judice in any court of Nepal and on any judicial act done by a Judge in the course of performance of his or her judicial duties.Provided that nothing in this Article shall be deemed to bar the expression of opinions about the conduct of a Judge during deliberations held on a motion of impeachment.
The provision of clause (1) shall also apply to the Constituent Assembly.
61. Secretariat of Legislature-Parliament
There shall be a Secretariat for the conduct and management of the business of the Legislature-Parliament. The establishment of the Secretariat and other matters related thereto shall be as determined by law.
The Government of Nepal shall provide such employees as required for the conduct and management of the business of the Legislature-Parliament.
61A. Secretary general and secretary of Legislature-Parliament
There shall be one secretary general and one secretary in the Legislature-Parliament.
The President shall, on the recommendation of the Speaker of the Legislature-Parliament, appoint the secretary general and the secretary.
The qualification, functions, duties, powers and other terms and conditions of service of the secretary general and the secretary of the Legislature-Parliament shall be as determined by law.
62. Remuneration
The remuneration and facilities of the Speaker, Deputy Speaker, members, and chairpersons of the committees of the Legislature-Parliament shall be as provided by law, and until so determined, shall be as determined by the Government of Nepal.
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