2. Baba Saheb Dr Ambedkar is known as the Father of … margin-left: auto; (1) His Majesty shall appoint the Prime Minister on his discretion. (2) Consultation should be taken of the Public Service Commission on following matters: (a) all the matters relating to the procedures of recruitment of civil services and post; (b) principle matters to be followed in appointment, transfers and promotion of civil service or post and on the suitability of candidates for such appointment, transfer, and promotion; (c) all the disciplinary matters affecting a civil servant including memorials, petitions relating to such matters; (d) any claim by or in respect of, a civil servant or a person who has been a civil servant that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purported to be done in the execution of his duties should be paid out from the Consolidated Fund; (e) any claim of award or pension or gratuity in respect of injuries sustained by a civil servant in the performance of his duties and any question as to the amount of such award; and. Provided that such person on the opinion of His Majesty, will be able to attain a majority in the House of Representatives, either immediately or at the meeting of Parliament after the next general election. (7) Until the law as determined, remuneration and other terms and conditions of service of the members of the Public Service Commission shall be the same as those of the Judges of the Supreme Court. (1) His Majesty shall appoint assistant minister to help for the works of any of his minister on the recommendation of the Prime Minister. Question 8. (1) No tax shall be levied except by or under the authority of law. (a) The Bill to amend the Constitution shall be called as Constitution Amendment Bill and shall contain no provisions other than those relating to the amendment of the Constitution; (b) The bill shall be deemed not to have passed the House of Representatives and the Senate unless it has been supported on its final reading in each House by not less than two-thirds of all the members thereof; (c) The Bill when presented for the Royal Assent of His Majesty have endorsed, it shall be certified by the Speaker of the House of Representatives and the Chairperson of the Senate that, the provisions of this Sub-article have been complied with; and. Constitution and certain rules and principles: Now, Therefore, His Majesty, the King of Nepal, on the advice of the Council of Ministers, is accordingly pleased to ordain and promulgate the following Act. (6) All action to be done by His majesty in His discretion in accordance with the provisions of this Constitution shall be expressed to be taken in the name of His Majesty and other executive action taken in the exercise of the executive powers vested in His Majesty shall be taken in the name of his Majesty’s Government. (4) Nothing in this Article shall apply to the private revenues of His Majesty or to expenditure out of such revenues. (3) A person who has held office as Auditor-General shall not be eligible for appointment in government service. Ans. (2) After the Appointed Day Parliament may be summoned and dissolved by His Majesty. (2) His Majesty shall appoint his other ministers on the recommendation of the Prime Minister, and not less than two of such Ministers shall be taken from the Senate. (6) Remuneration, tenure of office and other conditions of service of the Chief Justice or other judges shall be as determined by the Act, until such determination it shall be as determined by the order of His Majesty, such remuneration and tenure of office shall not be varied to his disadvantage during his period of office and the remuneration shall be charged to the Consolidated Fund. (2) Until and unless the Act provides in that behalf, His Majesty shall do as following: (a) Establishment and management of military forces; (b) Grant the post of Commission to the military officers and cadres; (c) Appointment of Commanders-in-Chief and fix the powers, duties and remunerations. (a) the circumstances under which, and class or classes of cases in which, a person may be detained for a period longer than 3 months without obtaining the opinion of an Advisory Board: and, (b) the maximum period for which any person may in any class or classes of cases be detained; and, (c) the functions and the procedure to be followed by an Advisory Board constituted under clause (a) of sub-article (9). The constitution will come into effect after it is endorsed by the Cabinet and approved by House of Representatives. (2) At least one third of the members of the Public Service Commission shall be such person as have not at any time during the period of five years immediately preceding been in Government Service. Simply apply as teacher, take eligibility test and start working with us. 66- Pardon: His Majesty shall have the power to grant pardons, reprieves and respites, and to remit, suspend or commute any sentence given by any court, tribunal or authority established by the law. Provided that nothing in this Article shall be construed as restricting any right conferred by the law to bring appropriate proceeding against His Majesty’s Government or any servant of His Majesty. (2) In case a seat in the House of Representatives falls vacant otherwise than by reason of dissolution of that House, Secretary of the house shall sent the notice of the vacancy to the Election Commission, and the Election Commission shall proceed with all due dispatch hold a by-election to fill the vacant seat. (4) A separate election shall be held for the filling of each casual vacancy of the elected senators. (1) (1) Until the bill certified by the speaker, as it is the Finance Bill, any no the bill shall be submitted before His Majesty for his assent of in accordance to the subarticle (2) of Article 41. (1) The Senate shall consist of thirty-six Senators [Maha Sabhasad] of whom eighteen (hereinafter referred to as “elected Senators”) shall be elected by the House of Representatives and eighteen (hereinafter referred as “nominated Senators”) nominated by His Majesty according to the Article 21. (2) For the purpose of bringing the provisions of any law enforce in Nepal, or any part thereof into accord with the provisions of this Constitution, His Majesty, within a period of three years after the Appointed Day, by order, may make such adaptations and modifications, in such law, as he may deem necessary or expedient, and any order so issued hall have effect from such date, whether before or after the issue of the order, but not earlier than the Appointed Day, as may be specified on the order. (3) The Prime Minister shall be appointed from among the members of the House of Representatives. Nepal is governed according to the Constitution which came into effect on Sept 20, 2015, regarding the Interim Constitution of 2007. country was, for the fi rst time, entering into democracy, after the end of 104-year old autocratic Rana rule. .fnt { (2) No official or senator or member of the House of Representatives in whom powers are vested for the regulation of Procedure or the conduct of business or for maintaining order in either House shall, in respect of the exercise by him of those powers, be liable to any proceedings in any court. (1) If any difficulty arises in bringing this Constitution into force His Majesty may make such order as he deems necessary to remove that difficulty; and such order may direct that the provisions of this Constitution shall, during such period as may be specified in the Order, have effect subject to such adaptations whether by way of modifications additions or omissions as He may deem to be necessary or expedient. In Nepal, when did the Interim Constitution come into effect? Q3. 166. (3) Notwithstanding anything contained in other sub-articles of this Article, if His Majesty make regulations specifying for the matters in which either generally or in any particular circumstance it shall not be necessary for the consultation with Public Service Commission then that shall be as prescribed by such rules. Constitution is the fundamental law of Nepal. (1) There shall be a Public Service Commission consisting of number of members as His Majesty prescribe and one of them shall be designated to be the Chairperson by His Majesty. Rishbh Raj A copy of Nepal's Constitution 2072 lies on the table inside the Constituent Assembly in Kathmandu, Nepal, on September 18, 2015. (2) Sub-article (6) of Article 13 shall apply to an Assistant Ministers as it applies to the His Majesty’s Minister. F- Any other amount declared by this constitution or by an Act to be so charged. However, it was not until fi fty-eight years later that Nepal started drafting a constitution through an inclusive and participatory CA after the election of the fi rst CA (CA-I) in 2008. (b) return the Bill to the House of Parliament in which it originated for further consideration, and in such case His Majesty may in His discretion submit observation on the bill to that House. (f) any other matter which His Majesty may refer to them for any service or post of His Majesty’s Government. The details regarding the implementation of this Constitution shall be as described in Schedule 2. NOW THEREFORE DO hereby promulgate this INTERIM CONSTITUTION OF NEPAL, 2063 (2007), prepared through a political consensus enforceable until a new Constitution is framed by the Constituent Assembly in order to institutionalize the achievements of the revolution and movements till this date. (3) Notwithstanding anything contained in this Article, if while Parliament stands prorogued or either House stands adjourned His Majesty is of opinion that and earlier meeting of Parliament or of either House is desirable, He may by Proclamation fix a date for such meeting and Parliament or the House, as the case may be, shall meet accordingly. interim constitution of nepal 2063 in english pdf May 26, 2020 admin History Ashar 29 (July 13, ) and the Interim Constitution of Nepal The English translation is based on that which was initially done by Mr. Hereby promulgate this Interim Constitution, of Nepal, drafted through political consensus, for an interim period until a New Constitution. 23- Qualifications for Member of both Houses: (1) A senator shall not be qualified for election to the House of Representatives or for sitting or voting as a member of that House. 54- Provisions of making null to the inconsistent Acts-Laws: Without prejudice to any other remedy, a person who alleges that any provision of an Act or any other law is void for inconsistency with this constitution, may move to Supreme Court as following: (a) to be declared the said law as invalid to the extent of its inconsistency; and. Answer. A ceasefire was negotiated in January 1951 and in March of that year, a coalition consisting of the Ranas and the Nepali Congress Party reinstated the constitutional monarchy and established an Interim Constitution. (1) No discussion shall take place in either house of Parliament with respect to the conduct of His Majesty and His successors and Provided that nothing in this clause shall limit criticism of His Majesty’s government. (b) to furnish such other information relating to the conduction of the government business as His Majesty may require on His discretion. Any law inconsistent with this Constitution shall, to the extent of such inconsistency, be void. (2) The following expenditure shall be charged on the Consolidated Fund, and shall not require the annual sanction of parliament, in so far as it relates to:—. The constitution keeps Nepal a secular nation while dividing it into seven provinces, a major issue of contention among minority ethnic groups, especially in the southern region, who fear they will be further marginalized by the division. (1) Unless the subject or context otherwise requires in this Constitution: (a) “Article” refers to the Article of this constitution. The Constitution of South Africa is the supreme law of the Republic of South Africa.It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government.The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. (2) The Chairperson or the Vice-Chairperson of the Senate: –, (a) Shall vacate his office if he ceases to be a senator, or. (8) Clause (b) of sub-article (7) shall not apply where, in accordance with this Constitution or otherwise, His Majesty merely desires to consult the State Council in respect of the exercise of any of His functions under this Constitution. Provided that, the laws inconsistent with this constitution, are certified under clause (a) of sub-article (1) of Article 8 shall, to the extent of inconstancy, cease to have effect after three years from the Appointed Day. 50- Contingency fund: A fund shall be established as Contingency Fund by the laws, where amounts shall be paid time to time as determined by the Act. (2) The law shall be deemed to be made for the public good within the meaning of clause (b) of sub-article (1,) if it is expressed in the preamble thereto to be made for the maintenance of law and order within Nepal, maintenance of security in Nepal, good relations between Nepal and other countries, good relations among different classes or sections of the people, or between the people of different areas, or generally good manners, health, comfort or convenience or decency or morality and economic welfare of the citizens of Nepal, or to prevent internal disturbance or any attempt to subvert this Constitution or any law in force for the time being or any other like attempt or for the prevention of contempt of court or House of Parliament. (1) If His Majesty on His discretion is satisfied that a grave of emergency exists where by the security or economic life of Nepal, or any part thereof, is threatened by war or external aggression, or by internal disturbance. (2) No expenditure shall be incurred out of the Consolidated Fund or any other Public fund or out of moneys provided by Parliament except in accordance with this constitution or by or under the authority of an Act. (2) Any such Proclamation may be revoked or varied by a subsequent Proclamation. 30- Remuneration: There shall be paid to the Chairperson and the Vice-Chairperson and members of the Senate and to the Speaker and the Deputy-Speaker and members of the House of Representatives such remuneration as may be respectively fixed by law or, until so fixed, by His Majesty. The new constitution focuses on secularism and democratic republic. (v) shall be paid remuneration as His Majesty decides on his discretion. (4) Subject to the provisions of any law relating to the periods of residence qualifying dates, or other matters incidental to the preparation of electoral rolls, and disqualification on grounds of insanity, or crime or corrupt or illegal practice, every citizen of Nepal, who has attained the age of twenty-one years shall be entitled to one vote in each constituency. (1) After the first election of a Speaker and a Deputy Speaker under Article 29, the House of Representatives shall, before proceeding to any other business, elect eighteen senators; and thereafter, as soon as may be after the occurrence of a vacancy among the elected senators, the House of Representatives shall elect a person to fill such vacancy. (2) Remuneration and terms of service and tenure of office of the Auditor-General shall be as regulated by the laws. Anshu Singh 10 months, 3 weeks ago. (2) If a Finance bill has been passed by the House of Representatives and sent to the Senate at least one month before the end of the session, and if it is not passed by the Senate within one month, it may be submitted for the assent of His Majesty without being passed by the Senate. (1) Titles, honor, and decoration shall be conferred only by His Majesty. (3) In this Article, “Standing Rules” mean orders, which remain in operation, subject to necessary amendment, from session to session and from Parliament to Parliament, and “Session Rules” mean orders, which remain in operation only during the session in which they are made. Provided that nothing contained in this sub-article shall authorize His Majesty to assume to himself any of the powers vested in or exercisable by the Supreme Court or to suspend; either in whole or in part the provisions of part VI of this constitution. December 16, 2006 12:10 IST. (5) No person accused of any offence shall be compelled to be a witness against himself. (2) His Majesty may send messages to either house of parliament, and the house to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration. The Britishers came to India in 1600 as a trader in the form of East India Company by the approval of queen Elizabeth I. ... no treaty or agreement shall be concluded that may have detrimental effect on the territorial integrity of Nepal. (7) Orders, decisions and other instruments made and executed in the name of His Majesty or His Majesty’s Government shall be authenticated in a such manner as specified in rules to be made by His Majesty in His discretion or as the case may be by His Majesty’s Government and the validity of an order, decision or instrument which is so authenticated, shall not be called in question on the ground that it is not an order, decision or instrument made or executed by His Majesty in His discretion, or as the case may be, by His majesty’s Government. o It proposes that children born and living in Nepal, and whose fathers are 76- Continuance and Adaptation of Existing Laws: (1) All laws other than the Interim Government of Nepal Act in force in Nepal or any part thereof immediately before the Appointed Day or as modified or adapted according to sub-article (2) shall remain in operation until amended or repealed by Act. (4) No person shall be liable to any proceedings in any court for publication by or under the authority of either House of Parliament of any report, paper, vote or proceedings. (2) Anything except provided in this constitution His Majesty is empowered to act in his discretion or on the recommendation of any specified person, he shall act on the recommendation of the Cabinet forwarded by the Prime Minister or on the recommendation of the Minister authorized by the Prime Minister to deal with the matter in question. This Constitution shall come into force from .. 167. Provided that nothing in clause (a) shall authorize the intention of any person beyond the maximum period prescribed by law providing for preventive detention. .fnt { In Nepal when did the interim constitution come into effect - 4030921 mythreya7325 mythreya7325 07.06.2018 Social Sciences Secondary School In Nepal when did the interim constitution come into effect 1 See answer mythreya7325 is waiting for your help. (h) “Remuneration” refers to salary, allowances, pension and any other remuneration in kind. Provided that he shall be eligible for reappointment in the Public Service Commission. Following local, provincial, and national elections through late 2017, Khadga Prasad Oli of the Unified Marxist-Leninist party was sworn in as } (3) The Auditor-General shall report annually to His Majesty of his works done under this Article, and His Majesty shall cause such reports to be laid before the Parliament. Presidential Addresses, Messages & Executive Orders. (2) If the person elected as Speaker is member of the House of Representatives his seat as such member shall become vacant, but he shall not thereby cease to be Speaker. (3) Subject to the Provisions of sub-article (4) the Chief Justice or other judges of the Supreme Court shall hold the office until the completion of tenure. In Nepal, the Interim Constitution came into effect from January 15, 2007. (8) Nothing written in sub-article (6) or sub-article (7) shall apply to a person who-. (c) freedom to form associations, unions; (d) freedom of movement or reside in any part of Nepal. Apr 10, The Interim Constitution as published here includes the changes made by the five amending Acts –the Interim Constitution of Nepal (First. The model of constituent assembly that has been enshrined into the Interim Constitution of Nepal is different. (2) No citizen of Nepal shall accept any title, honor or decoration from any foreign State except with the Approval of His Majesty. The Indian Constitution Q1. Nepal's ruling parties and Maoist rebels on Saturday finalised an interim Constitution, which removes King Gyanendra as the head of the state. (c) “Voter” refers to the person having right to cast a vote in the election of parliamentarian. 25- Penalty for Wrongful sitting or Voting: If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of Article 31, or when he knows that he is not qualified for membership thereof; he shall be liable in respect of every day in which he so sits or votes to a penalty of five hundred rupees to be recovered as debt due to the Government. (1) There shall be a State Council [Rashtriya Parishad] consisting, subject to the provisions of this Article, of His Majesty and with the following persons: (a) The Chairperson and Vice-Chairperson of the of the Senate [Mahasabha] and the Speaker and Deputy-Speaker of the House of Representatives, ex-officio members; (b) The Ministers of his Majesty for the time being, ex-officio members; (d) other persons appointed by His Majesty on his discretion. Monarchy is a form of government in which final authority rested with the King. (7) Disputes arising out of or in connection with elections to the House of Representatives shall be referred to and decided by Election Tribunals appointed by the Chief Justice of Nepal; and the decision of the Election Tribunal shall be final; but subject to an appeal to the Supreme Court on a point of law. (1) If His Majesty is satisfied that circumstances exist which render it necessary for Him to take immediate action, he may promulgate such ordinances as the circumstances appear to Him to require at any time except when both Houses of Parliament are in sit. (b) at least one fourth of all the members of the State Council to whom notice has been sent in accordance with clause (a) are present, whether or not they have voted. (i) Shall be a member of the State Council; (ii) shall be responsible to His Majesty for the administration of the departments assigned to him; (iii) shall hold office during the pleasure of His Majesty in His discretion: (iv) shall be entitled to be present at and act as a member of either House of parliament or any Committee thereof, but shall not be entitled to vote therein unless he is a member of such house or committee thereof: and. The interim constitution of Nepal 2065-3-29 (Fifth Amendment), 2065 (2008) (13 July 2008) 6. (f) any matter incidental to any of the aforesaid matters.