Nepal 2006 Constitution (reviewed 2012) - Page 9 of 33

Table of Contents

Part 7. Constituent assembly

63. Constitution of Constituent Assembly

A Constituent Assembly shall, subject to this Constitution, be constituted for the making of a new constitution by the people of Nepal themselves.
Following the commencement of this Constitution, an election to the Constituent Assembly shall be held on such date as may be appointed by the Government of Nepal.
The Constituent Assembly shall be composed of the following number of members who are elected on the basis of the equality of population, geographical congeniality and specificity, and on the basis of the percentage of the population in Madhes, in accordance with the mixed electoral system, as provided in the law, and who nominated as follows:
1. The members elected on the basis of first-past-the-post electoral system consisting of one member from each of the two hundred and forty election constituencies delimited42 by the Election Constituency Delimitation Commission constituted pursuant to Article 154A, based on the population fixed by the national census preceding the election of the Constituent Assembly, while treating an administrative district as an election district, and, as far as possible, maintaining the same proportionality between such districts and the number of members;
2. Three hundred and thirty five members to be elected on the basis of the proportional electoral system where voters vote for parties, while treating the whole country as a single election constituency; and
3. Twenty six members to be nominated by the Council of Ministers, on the basis of understanding, from amongst the prominent persons who have rendered outstanding contributions to national life, and the indigenous peoples which could not be represented through the elections as referred to in Clauses (a) and (b).
Notwithstanding anything contained in Sub-clause (a) of Clause (3), while delimiting the election constituencies pursuant to that Sub-clause, the number of election constituencies in the administrative districts existing under the laws in force, at the time of the election of the then House of Representatives in 2056 (1999), shall be maintained as it is, and the number of constituencies in the hilly and mountainous areas shall be increased on the basis of the percentage of population growth; and while so delimiting the election constituencies, the number of election constituencies in those administrative districts in Mahesh which have less number of election constituencies in proportion to the percentage of the population of Madhes shall be increased.
In selecting candidates pursuant to Sub-clause (a) of Clause (3), political parties shall take into account the principle of inclusiveness; and in enlisting candidates pursuant to Sub-clause(b), political parties shall ensure proportional representation of the women, Dalit, oppressed communities/ indigenous peoples, backward regions, Madhesi and other Classes, as provided in law.
Notwithstanding anything contained in Clause (4), at least one- third of such total number of candidates nominated shall be women as to be derived by adding the number of candidacies made pursuant to Sub-clause (a) of Clause (3) and’ the number of candidates on the basis of proportional representation pursuant to Sub-clause (b) of Clause (3).
Election to the members of the Constituent Assembly shall held through secret ballots, as provided in law.
For the purpose of the election to the Constituent Assembly, every citizen of Nepal who has attained the age of eighteen years on or before the last day of the month of Mangsir of the year 2063, (15 December 2007) shall be entitled to vote, as provided in law.
If the seat of a member elected or nominated pursuant to clause (3) falls vacant for any reason, such vacancy shall be filled in by the same procedure under which such member was elected or nominated pursuant to the laws in force.
Notwithstanding anything contained in the Clause (7), if the position of a member elected pursuit to Sub-clause (a) of Section (3) falls vacant by any reason and needs to be filled by an election pursuit to Clause (7a), every Nepalese citizen who has attended the age of eighteen years at the end of Chaitra of the previous year immediate to the election year shall be entitled to vote as proved for in the law
Subject to the provisions of this Article, the election to the Constituent Assembly and other matters pertaining thereto shall be as provided in law.

64. Term of Constituent Assembly

Unless dissolved earlier pursuant to a resolution passed by the Constituent Assembly, the term of the Constituent Assembly shall be four years from the date of its first meeting.

Provided that if the making of constitution cannot be completed by the reason of the proclamation of a State of emergency in the country, the Constituent Assembly may, by a resolution to that effect, extend its term for an additional period not exceeding six months.

65. Qualification for member

In order for a person to become a member of the Constituent Assembly, such person must possess the following qualification:

being a citizen of Nepal;
having attained at least twenty five years of age;
not having been convicted of a criminal offense involving moral turpitude;
not being disqualified by any law; and
not holding any office of profit.

Explanation: For the purpose of clause (d), the expression “office of profit” shall mean any position, other than a political position which is to be filled by election or nomination, for which a remuneration or economic benefit is paid out of a government fund.

66. Decision on question as to disqualification of member

If there arises a question as to whether a member of the Constituent Assembly is disqualified or has ceased to possess any of the qualifications set forth in Article 65, the final decision of such question shall be made by the Constituent Assembly Court.

67. Vacation of seat

The seat of a member of the Constituent Assembly shall become vacant in any of the following circumstances:

if he or she resigns in writing;
if he or she is no longer ‘qualified under or ceases to possess the qualification referred to in Article 65;
if he or she absents himself or herself from ten consecutive meetings, without giving notice to the Assembly;
if the political party of which he or she was a member when elected provides a notification as provided in law that he or she has abandoned the party or his or her membership of the party ceases to exist; or
if he or she dies.

Explanation: The provision of Sub-clause (d) shall not apply to the Chairperson or Vice-chairperson of the Constituent Assembly.

68. Oath by member

Every member of the Constituent Assembly shall, before taking part for the first time in the meeting of the Constituent Assembly or any of its committees, take an oath as provided in law.

69. Meeting of Constituent Assembly

The first meeting of the Constituent Assembly shall be held as summoned by the Prime Minister within twenty one days after the Election Commission has published the final results of election to the members of the Constituent Assembly; and thereafter, its meetings shall be held at such place and time as may be specified by the person presiding over the Constituent Assembly.
Notwithstanding anything contained in Clause (1), if no less than one-fourth of the members of the Constituent Assembly make a petition, along with the reason, to the Chairperson of the Constituent Assembly that it is necessary to convene a meeting of the Constituent Assembly, the Chairperson shall convene the meeting of the Constituent Assembly no later than fifteen days.

70. Procedure for passing a Bill relating to the Constitution

The Constituent Assembly shall, before passing a bill relating to the Constitution, introduce the Preamble and Articles of such a Bill to the Constituent Assembly for passage.
The Bill relating to the Preamble and Articles of the Constitution pursuant to clause (1), shall be passed by a two-thirds majority of a meeting in which at least a two-thirds majority of the members are present of the total number of existing members of the Constituent Assembly.
The Bill relating to the Constitution shall be introduced before the Constituent Assembly with a proposal for passage after the Preamble of the Constitution along with all the Articles are passed pursuant to clause (2).
The Bill relating to the Constitution proposed for passage pursuant to clause (3) shall be decided by a voting of the Constituent Assembly.
The Bill relating to the Constitution introduced for passage pursuant to clause (3), if voted in favour by at least two-thirds majority of the total number of existing members in the Constituent Assembly, shall be deemed to have been passed.
[removed by the Twelfth Amendment Act of 2069/02/07 (20 May 2012)]
[removed by the Twelfth Amendment Act of 2069/02/07 (20 May 2012)]

71. Chairperson and Vice-chairperson of Constituent Assembly

The Constituent Assembly shall, before commencing its business of framing the constitution, elect a Chairperson and a Vice-chairperson from amongst its members on the basis of political understanding.51
Failing the understanding referred to in Clause (1), a member of the Constituent Assembly who secures a majority of the total number of the then members of the constituent Assembly shall be deemed elected to the office of Chairperson or Vice-chairperson.
In holding election pursuant to Clause (1) or (1a),53 the Chairperson and the Vice-chairperson shall be from different political parties representing to the Constituent Assembly.
Until the election of the Chairperson and the Vice- chairperson is held pursuant to Clause (1), the member of the Constituent Assembly who is by age the senior most shall preside over the Constituent Assembly.
While discharging his or her duties pursuant to this Constitution, the Chairperson or the Vice-chairperson shall do so as a neutral person, without favoring or disfavoring any political party.

72. Vacation of office of Chairperson or Vice chairperson

The office of the Chairperson or the Vice-chairperson shall become vacant in any of the following circumstances:
1. if he or she resigns in writing;
2. if he or she ceases to be a member of the Constituent Assembly
3. if a resolution is passed by at least two-thirds majority of the total number of members of the Constituent Assembly to the effect that his or her conduct is not compatible with his or her office; or
4. if he or she dies.
The Vice-chairperson or any other member shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the Chairperson of the Constituent Assembly is not compatible with his or her office; and Chairperson shall be entitled to take part and vote in the deliberations on such resolution.

73. Quorum

Save as otherwise provided in this Part, the quorum to constitute a meeting of the Constituent Assembly shall be at least the one-fourth of the total numbers; and no question or resolution shall be presented decision in any meeting of the Constituent Assembly unless it is attended by the quorum.

74. Proceeding of Constituent Assembly in case the position of a member is vacant

The Constituent Assembly shall have power to conduct its business notwithstanding any vacancy if the seat of a member of the Constituent Assembly; and no proceedings in the Constituent Assembly shall become invalid notwithstanding that it is discovered subsequently that any person who, because of qualification, was not entitled to take part in such proceedings.
A Minister, Minister of State and Assistant Minister may attend the Constituent Assembly or the meeting of any committee thereof notwithstanding that he or she is not a member of the Constituent Assembly.Provided that he or she shall not have the right to vote.

75. Voting

Save as otherwise provided in this Part, any question or resolution presented for decision by the Constituent Assembly shall be decided by a majority of votes of the members present and voting. ordinarily, the presiding person shall not have the right to vote.

Provided that he or she may exercise the casting vote in the case of a tie.

76. Penalty for unauthorized presence or voting

If a person sits or votes in a meeting of the Constituent Assembly or any of its committees without taking an oath pursuant to Article 68, or knowing that he or she is not qualified for membership in the Constituent Assembly, he or she shall, on order of the person presiding over the meeting, be liable to a fine of five thousand rupees for each instance of such presence or voting. If such person fails to pay the fine so imposed, such fine shall be recovered as government dues.

77. Privileges

There shall be full freedom of speech in any meeting of the Constituent Assembly; and no member shall be arrested, detained or prosecuted in any court for anything expressed or any vote cast in such meeting.
Every meeting of the Constituent Assembly shall have full power to regulate its internal business, and it shall be the exclusive right of the meeting concerned to decide whether or not any of its proceedings is regular or irregular. No question shall be raised in any court in this respect.
No comment shall be made about the good faith concerning any proceeding of the Constituent Assembly, and no publication and broadcasting of any kind shall be made about any thing expressed by any member, which intentionally distorts or misinterprets 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 Constituent Assembly of any document, report, vote or proceeding.Explanation: For the purposes of Clauses (1), (2), (3) and (4), the expression “meeting of the Constituent Assembly” shall include the Constituent Assembly and any of its committees.
No member of the, Constituent Assembly shall be arrested during the term of the Constituent Assembly.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 Constituent Assembly.
A violation of any matter contained in this Article shall be a breach of the privileges of the Constituent Assembly; and any breach of the privileges of the Constituent Assembly shall be deemed to constitute contempt of the Constituent Assembly. The Constituent Assembly shall have the exclusive power to decide whether any breach of privilege has taken place.
If any person is in contempt of the Constituent Assembly, 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 Constituent Assembly, 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.

78. Procedures relating to conduct of business

The Constituent Assembly shall, subject to this Constitution, frame Rules for conducting its business, 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 Constituent Assembly shall set its own Rules of procedure.

79. Committees

The Constituent Assembly shall have committees and subcommittees in the required number as provided in law. Support of experts may be availed, as required.

80. Secretariat of Constituent Assembly

There shall be a Secretariat for the management of the business of the Constituent Assembly. 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 of the business of the Constituent Assembly.

81. Remuneration

The remuneration and facilities of the Chairperson, Vice-chairperson, members, and chairpersons of the committees, of the Constituent Assembly shall be as provided by law, and until so provided, shall be as determined by the Government of Nepal.

82. Dissolution of Constituent Assembly

The business of the Constituent Assembly shall end on the day of the commencement of the constitution passed by the Constituent Assembly.

Provided that, until the election to the legislature-parliament as set forth in the constitution passed by the Constituent Assembly is held, the business and proceedings of the legislature-parliament shall be as set forth in the constitution passed by that Assembly.

83. To act in capacity of Legislature-Parliament

Notwithstanding anything contained elsewhere in this Part, the Constituent Assembly shall, during the existence of its term, also perform the business of the Legislature-Parliament; and the Constituent Assembly may constitute a separate committee for the discharge of necessary regular legislative business.
The Chairperson and the Vice-chairperson of the Constituent Assembly shall be the Speaker and the Deputy Speaker of the Legislature-Parliament, respectively.
The secretariat of the Constituent Assembly and its employees shall be the secretariat and employees of the Legislature-Parliament.
In discharging the business by the Constituent Assembly in the capacity of the Legislature-Parliament, the provisions set forth in Part 8 shall, mutatis mutandis, apply to the Constituent Assembly.