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The Interim Constitution of Nepal, 2063 (2007)
Date of Authenticati on and publication
2063-10- 01 ( 15 Januar y 2007)
Amendments
1. The Interim Constitution of Nepal 2063-11-30
(First Ame ndment ), 2063 (2007) (14 March 2007)
2. The Interim Constitution of Nepal 2064-2-30
(Sec ond Ame ndment), 2063 (2007) (13 June 2007)
3. The Interim Constitution of Nepal 2064-9-13
(Third Amendment), 2064 (2007) (28December 2007)
4. The Interim Constitution of Nepal 2065-2-16
(Fourth Amendment), 2065 (2008) (29 May 2008)
5. The Interim Constitution of Nepal 2065-3-29
(Fifth Ame ndment), 2065 (2008) (13 July 2008)
6. The Interim Constitution of Nepal 2065-8-30
(Sixth Amendment), 2065 (2008) (15 Dec. 2008)
7. The Interim Constitution of Nepal 2066-10-17
(Se venth Amendment), 2066 (2010) (January 31, 201 0)
8. The Interim Constitution of Nepal 2067-02-14
(Eight Ame ndme nt), 2067 (2010) (May 28, 2010)

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PREAMB LE
:
WE, THE SOVEREIGN TY AND STATE AUTHORITY
INHERENT P EOPLE OF NEP AL,
Respec ting the people ‘s ma nda te e xpre sse d in fa vour of democracy, peace
and progre ssion through historical struggles a nd pe ople ‘s moveme nts launched by
the people of Nepa l at various times since be fore 2 007 (1951) to till the da te ;
P ledging to accom plish the progressive re structurin g of the Sta te in order to solve
the problem s existing in the country re lating to c l ass, ethnic ity, re gion and gender;
Expressing our full commitment to democratic values and norms inc luding
the compe titive multi-party democratic system of g overnance, c ivil liberties,
fundamenta l rights, human rights, adult franchise, periodic elections, complete
free dom of the press, inde pendent judic iary and con cepts of the rule of law;
Guarantee the basic rights of the people of Nepa l t o make a constitution for
them on their own a nd to take part in a free a nd fa ir e lec tion to the Constitue nt
Assembly in a n environment without fear;
Putting democracy, peac e, prospe rity, progressive s oc io-econom ic
transforma tion and so vereignty, inte grity indepe nde nce and pre stige of the country
in the center;
Declaring Nepal a s a federa l, democra tic republican sta te upon duly a bolishing the
monarc hy 1;
HEREBY DECLARE, w ith a view to institutiona lizing t he achie vements
made through the re volutions a nd mo vements till now , the prom ulgation of this
Interim Constitution of Nepa l 2063 (2007), which ha s been made through a
politica l understa nding a nd to be in force until a new constitution is framed by the
Constituent Assem bly.
1 Inserted by the Fourt h Amendment.

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Part–1

Preliminary

1. Constitution as the Fun damental La w: (1) This Constitution is the
fundamenta l law of Nepa l. Any laws inconsistent w i th it shall, to the exte nt
of such inconsistency, be void.
(2) It is the duty of e very person to uphold thi s Constitution.
2. Sove reignty and State Authority
: The sovereignty and the state authority
of Nepa l shall be vested in the people of Nepa l.
3.
Nation : Ha ving m ultiethnic, multilingua l, multireligious a n d multicultural
characteristics with common a spirations and be ing u nite d by a bond of
a lle gia nce to na tional indepe nde nce, inte grity, nat ional intere st a nd
prosperity of Nepal, a ll the Nepa le se people collec tive ly c onstitute the
nation.
4. State of Nepal
: (1) Nepa l is an indepe nde nt, indivisible, sove re ign, secular,
inc lusive and federal, democra tic republica n state
2.
(2) The territory of Nepa l shall com prise of :
(a) The territory existing at the commenceme nt o f this
constitution; a nd
(b) Such other territory as ma y be acquire d a fte r the
commenceme nt of this Constitution.
5. Language of the Nation
: (1) All the langua ge s spoke n a s mother tongues
in Nepa l are the language s of na tion.
(2) The Nepali Language in Devanagari script shall be the offic ia l
langua ge.
2 Amended by the Fou rth Amend ment

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(3) Notwithsta nding anything c ontaine d in Clause (
2), nothing shall
be deeme d to pre ve nt the using of any la ngua ge spok e n as the mother
tongue in a loca l body and office. The State sha ll mainta in records by
transla ting the langua ges so use d in the officia l l anguage.
6. National Flag
: The Nationa l fla g of Nepal, as handed down by tra dition,
consists of two juxta-posed triangular figure s with a crimson-coloured base
and deep blue borders, there be ing a white emblem o f the cresce nt moon
with eight rays visible out of sixtee n in the upper part a nd a white emblem
of a twe lve ra yed sun in the lower part. The method of drawing out the flag
and other particulars rela ting there to shall be a s se t forth in the Schedule -1.
7. National Anthem etc
: (1) The na tional a nthem and the coa t-of-arms of
Nepal sha ll be as determ ined by Go vernme nt of Nepal .
(2) The Rhodode ndron Arboreum is the national flower, Crimson
Colour sha ll be the nationa l c olour, the Cow shall be the national animal
and the Lophophorus sha ll be the nationa l bird of Nepa l.
PAR T 2
CITIZENSHIP

8. Citizenship at the Commencement of the Constitution
: (1) At the
commenceme nt of this Constitution, the persons who ha ve acquire d the
c itizenship of Nepa l and who are e ligible to acquir e the c itizenship by
virtue of this part sha ll be the c itizenship of Nep a l.
(2) At the comme nceme nt of this Constitution, the follow ing
persons who ha ve the ir permane nt dom ic ile in Nepa l shall be deemed to be
the c itizens of Nepal by descent:
(a) any person who has acquire d c itizenship by de sc ent prior to
the commenceme nt of this Constitution;

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(b) any person whose father or mother was a citizen
of Nepa l at
his or her birth.
(3) Every child who is found within the territory of Nepal
and the wherea bouts of whose parents are not known shall, until the fa ther
or the m other of the c hild is traced, be deeme d to be a c itize n of Nepa l.
(4) Whene ver any territory is acquired by way of
inc orporation into Nepa l, e very person ha vin g his o r her dom ic ile in such
territory shall bec ome a citize n of Nepa l, subject to the pro visions of the
laws in force.
(5) Any person w ho was born in the territory of Ne pal before
or on the last day of the month of Chaitra of the year 2046 (13April 1990)
and ha s bee n permanently dom iciled in Nepa l shall a cquire the c itizenship
of Nepa l by birth pursuant to the laws in force.
Provide d that, for the acquisition of c itizenship u nder this pro vision,
any person must ma ke an application within the pre s cribe d period, for one
time, as pro vided in the laws in force.
(6) A woman of foreign nationa lity who ha s a matrim onial
relationship w ith a c itizen of Nepal may, if she so wishes, acquire the
naturalized citizenship of Nepa l, pursua nt to the l aws in force.
(7) Notwithstanding a nything c onta ined e lsewhere in this Artic le,
in the case of a person born from a woman citize n o f Nepa l marrie d to a
fore ign citizen, if such person was born in Nepa l, has permanently re sided
in Nepa l and has not acquired the citizenship of a fore ign c ountry on the
basis of the c itizenship of his or her fa ther, he o r she ma y ac quire the
naturalized citizenship of Nepa l, pursua nt to the l aws in force.
9. Naturalize d or h onorary citizen ship:
Except a s me ntioned in Article 8,
the Go vernme nt of Nepa l ma y gra nt the naturalized o r honorary c itizenship

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of Nepa l, as provided in the laws.
10. Acquisition and te rmination of citizenship:
Other nece ssary matters
inc luding the acquisition and termination of c itize nship sha ll be a s pro vided
in the laws in force.
11. Deputation of citizenship teams:
The Governme nt of Nepa l may depute
c itizenship distribution teams to grant citize nship to those persons who are
e ligible to acquire citize nship as provided in the laws in force.
PAR T 3
FUNDAMENTAL RIGH TS

13. Right to free dom
: (1) Every person sha ll ha ve the right to live with a
dignity, and no law shall be ma de whic h provide s fo r the death pe nalty.
(2) No person sha ll be deprive d of his or her perso nal liberty sa ve
in accorda nce with law.
(3) Eve ry c itize n sha ll ha ve the following freedoms :
(a) Free dom of opinion a nd expression;
(b) Free dom to assem ble peaceably and w ithout arms;
(c) Free dom to form politica l parties;
(d) Free dom to form unions and assoc iations;
(e) Free dom to move and reside in a ny part of Nepa l ; a nd
(f) Free dom to practice any profession, carry on an y occupation,
industry and trade.
Provide d that: (1) Nothing in Sub-c lause (a) shall be deeme d to p re vent
the ma king of laws to impose rea sona ble re stric tion s
on any act which may undermine the sovere ignty and

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inte grity of Nepa l, or which may je opardize the
harmonious re lations subsisting am ong the pe oples o
f
various castes, tribes, re ligions or c ommunities, o r on
any act of defa mation, contempt of court or incitem ent
to a n offence, or on a ny act which ma y be c ontrary to
public dece ncy or morality.
(2) Nothing in Sub-c lause (b) shall be dee med to pr e vent
the ma king of laws to impose rea sona ble re stric tion s
on a ny act whic h may undermine the sovere ignty,
inte grity or public peace and order of Nepa l.
(3) Nothing in Sub-c lause s (c) and (d) sha ll be dee med to
pre vent the making of laws to impose reasonable
restrictions on any act whic h may undermine the
sovere ignty and inte grity of Ne pal, or which ma y
jeopardize the harmonious rela tions subsisting amon g
the people s of various ca ste s, tribe s, religions or
communitie s, or which may inc ite violent activities , or
which may be contrary to public mora lity.
(4) Nothing in Sub-c lause (e) shall be deeme d to pr e vent
the making of laws which are in the interest of the
genera l public, or whic h are made to im pose
reasonable re strictions on a ny act which ma y
jeopardize the harmonious rela tions subsisting amon g
the people s of various ca ste s, tribe s, religions or
communitie s.
(5) Nothing in Sub-c lause (f) shall be deeme d to p re vent
the ma king of laws to impose restrictions on a ny ac t
which may be contrary to public health or mora lity of

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the genera l public, to confer on the Sta te the e xc l
usive
right to undertake a ny spec ific industry, business or
service, or to prescribe any condition or qua lific a tion
for carrying on any industry, trade, profe ssion or
employme nt.
13. Right to equality:
(1) All c itize ns sha ll be equa l be fore the law. No person
sha ll be denied the e qua l protec tion of the laws.
(2) No discrim ina tion shall be ma de aga inst any c it iz en in the
applica tion of ge nera l laws on grounds of re ligion, color, sex, caste, tribe,
origin, langua ge or ideological c on vic tion or any o f the se.
(3) The State sha ll not discriminate a gainst citize ns among
c itizens on grounds of re ligion, race, ca ste, tribe , sex, origin, la ngua ge or
ide ologica l con vic tion or any of these.
Provide d that nothing sha ll be deemed to pre vent th e making of
spec ial pro visions by law for the protection, empow erment or advanceme nt
of women, Dalits, indigenous peoples ( Adi basi, Janajati), Madhe si or
farmers, workers, ec onomically, socia lly or c ultura lly backward c lasses or
childre n, the a ged and the disa bled or those who ar e physically or menta lly
inca pac itate d.
(4) No discrim ina tion in re gard to remunera tion so cia l security
sha ll be made between men a nd wome n for the same wo rk.
14. Right against untouchability and racial disc rim ination:
(1) No person
shall be discrim inated aga inst a s untouc hable and subjecte d to rac ial
discrimination in any form, on grounds of caste, ra ce, comm unity or
occupation. Such discrimina tory trea tment sha ll be punishable, and the
victim shall be entitle d to suc h compensation as de termined by law.

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(2) No person sha ll, on grounds of caste or race,
be de prived of
the use of services, fac ilitie s or utilities ava ila ble to the public or of the
access to any public place or public re ligious site s or of the performa nce of
any religious function.
(3) In producing or distributing any goods, ser ves or fac ilities, no
person be longing to any partic ula r caste or tribe s hall be pre ve nte d from
purc hasing or acquiring suc h goods, services fac ili ties nor sha ll such goods,
services facilities or fac ilit ies be sold or distri buted only to the persons
belonging to a ny particular caste or tribe.
(4) No such act as to purport to demonstrate a ny s uperiority or
inferiority of the person or persons be longing to a ny ca ste, tribe or origin or
to justify socia l discrimination on the ground of c aste or race or to public ize
ide ology base d on rac ial superiority or hatred or t o e ncoura ge ca ste
discrim ina tion in a ny ma nner shall be a llowed.
(5) Any ac t contrary to c lauses (2), (3) and (4) sh all be punisha ble by
law.
15. Right relating to publication, broadcasting and pre ss:
(1) No
publication, broadcasting or printing of any news i tem, e ditoria l, feature,
artic le or othe r reading a nd a udio- visua l ma teria l through any means
whatsoe ver inc luding electronic publication, broadc asting a nd printing shall
be censore d.
Provide d that nothing sha ll be deemed to pre vent th e ma king of laws
to impose rea sonable re strictions on any act w hic h may undermine the
sovere ignty and integrity of Nepa l, or which may je opardize the
harmonious re lations subsisting among the pe oples o f various castes, tribes
or communitie s, or on any act of treason, de fama tio n, c ontempt of court or

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inc iteme nt to an offence, or on any act whic h may b
e contrary to public
decenc y or morality.
(2) No radio, te le vision, on-line or other form of digital or
e lectronic equipment, press or other mea ns of c ommu nication publishing
and broadcasting or printing any ma teria l shall be c losed nor shall
registra tion thereof be canc e led by the rea son of t he publication,
broa dcasting or printing of such ma terial through a ny audio, audio-visua l or
e lectronic equipment.
(3) No newspa per, periodica l or press sha ll be c los ed or seized
nor sha ll the re gistra tion thereof be cance lled for printing or publishing a ny
news item, editoria l, artic le or other rea ding mate ria l.
(4) No means of communication inc luding the press, e lec tronic
broa dcasting and telephone sha ll be interrupted exc ept in accorda nce w ith
law.
16. Right relating to environment an d health:
(1) Every person sha ll ha ve the
right to live in a healthy environme nt.
(2) Every c itizen sha ll ha ve the right to basic hea lth ser vices free of
cost from the Sta te, as provided in law.
17. Right relating to education an d culture:
(1) E very community sha ll ha ve
the right to get ba sic e ducation in its own mother tongue, as provided in law.
(2) Every c itizen sha ll ha ve the right to get free education up to the
secondary le ve l from the State, a s provide d in law.
(3) Every comm unity residing in Nepa l shall ha ve th e right to
preserve and prom ote its la ngua ge, script, culture, cultura l civilization a nd
heritage.
18. Right relating to employment an d social securit y:
(1) Every citizen shall

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ha ve the right to employment, as pro vided in law.
(2) The women, labor, aged, disabled, inca pac itated and he lple ss
c itizens sha ll ha ve the right to socia l security, a s provide d in law.
(3) Every citizen shall ha ve the right to food sov ere ignty, as
pro vided in law.
19. Right to prope rty:
(1) E very c itize n shall, subjec t to the laws in for ce, ha ve
the right to acquire, own, sell, dispose of, and ot herw ise dea l with, property.
(2) The State sha ll not, exce pt in the public inter e st, requisition or
acquire, or otherwise crea te a ny encumbra nce on, th e property of a ny
person.
Provide d that this Clause shall not apply to any pr operty ac quired in
an illic it ma nner.
(3) Compe nsa tion sha ll be provided for any property
requisitioned, ac quired or encum bered by the State in the course of
enforcing a sc ie ntific la nd re form program or in th e public intere st, in
accorda nce w ith law. The am ount a nd ba sis of compe n sa tion and the
procedure there for sha ll be as determined by law.
20. Rights of women:
(1) No disc rimination of any kind shall be ma de a ga inst
the women by virtue of se x.
(2) Every woman sha ll ha ve the right to reproductiv e hea lth a nd
reproduction.
(3) No woman sha ll be subjecte d to physical, me nta l or any other
kind of violence; and suc h act shall be punishable by law.
(4) Sons and daughters sha ll ha ve the equa l right t o ancestral
property.
21. Right to social iustice:
The ec onomica lly, soc ially or e ducationa lly

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backward wome n,
Dalits, indigenous peoples, Madhesi communities,
oppressed c la sses, poor farmers and la bors shall ha ve the right to ta ke part
in the structures of the Sta te on the basis of the princ iple of ‘proportional
inc lusion.
22. Rights of the child:
(1) Every child shall ha ve the right to his or her
ide ntity and name.
(2) E very c hild sha ll have the right to nurture, ba sic hea lth a nd soc ial
security.
(3) Every c hild shall ha ve the right a gainst phy sica l, mental or a ny
other form of exploita tion. Such exploitative act s ha ll be punishable by law;
and any child so treate d sha ll be given such compe n sation as may be
determine d by law.
(4) The helple ss, orphan, mentally retarded, confli c t victim,
displaced, vulnera ble and street children sha ll ha v e the right to get spec ial
fac ilities from the State for their we ll-ascerta ine d future.
(5) No minor sha ll be employed to work in any facto ry, m ine or
enga ged in any similar other hazardous work or used in army, police or
conflic t.
23. Right to religion:
(1) E very person shall ha ve the right to profess, p rac tice
and protec t his or her own re ligion as handed down to him or her from
anc ie nt times, ha ving due re gard to the existing so c ial and cultural
practices.
Provide d that no person sha ll be entitled to conve r t another person
from one re ligion to a nother; a nd that no act or ac tion shall be done in such
a manner as to jeopardize the re ligion of each othe r.

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(2) Every religious denomination sha ll ha ve the ri
ght to ma intain its
indepe nde nt e xistence, and, for this purpose, to op erate and protect its
religious sites and re ligious trusts, in accorda nce with law.
24. Right relating to ju stice:
(1) No person who is arreste d sha ll be de tained
in custody without inform ing him or her of the reas ons for such arrest.
(2) Every person who is arre sted shall ha ve the rig ht to consult a
lega l prac titioner of his or her choice a t the time of such arrest. Any
consulta tion made by such person w ith his or her le gal practitioner a nd
advice give n by such practitioner sha ll be secre t; and such person sha ll not
be deprive d of the right to be de fended by his or h er lega l prac titioner.
Explanation:
For the purpose of this Cla use, the expression “le gal
practitioner” shall mean any person who is a uthoriz ed by law to re prese nt
any person in any court.
(3) Every person who is arreste d sha ll be produce d be fore the case
trying a uthority within a period of twenty-four hou rs of such arre st,
exc luding the time nece ssary for the journey from t he place of arrest to such
authority; and any such person sha ll not be deta ine d in c ustody e xcept on
the order of suc h authority.
Provide d that nothing in Cla use s (2) and (3) shall apply to pre ventive
dete ntion and to a citizen of an enemy state.
(4) No person sha ll be punishe d for an ac t which wa s not punisha ble
by law whe n the act was comm itted nor sha ll any per son be subjected to a
punishment greater than tha t prescribe d by the law in force at the time of
the commission of the offence.
(5) Every person c harged w ith an Offense sha ll be p resumed
innoce nt until proved guilty of the offe nse.

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(6) No person sha ll be prosecuted or punished for t
he same
offense in a court more than once.
(7) No person charge d w ith an offe nse shall be c omp e lled to testify
a ga inst him/herse lf .
(8) Every person shall ha ve the right to be informe d
of any procee dings ta ke n aga inst him or her.
(9) Every person sha ll have the right to a fa ir tri a l by a com pete nt
court or judic ia l body.
(10) Any incapable party sha ll have the right to f ree le gal a id, as
pro vided in law.
25. Right against pre ventive detention :
(1) No person shall be he ld under
pre ventive de tention unle ss there is a suffic ient g round of the existe nce of
an immediate threat to the sovereignty, integrity o r law and order situation
of the State of Nepal.
(2) Any person he ld under pre ve ntive detention sha l l, if he or she
has bee n held under such dete ntion by the authority making pre ventive
dete ntion contrary to law or in bad fa ith, ha ve the right to such
compe nsa tion a s may be prescribed by law.
26. Right against torture:
(1) No person who is detained during investiga tion
or for tria l or for any other reason sha ll be subje cte d to physical or mental
torture or to crue l, inhuman or degrading trea tme nt .
(2) Any act re ferre d to in Clause (1) shall be puni shable by law, and
any person so trea ted sha ll be pro vided w ith suc h c ompensation as may be
determine d by law.
27. Right to information:
Every citizen sha ll ha ve the right to dema nd or
rece ive information on any matter of his or her int ere st or of public intere st.

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Provide d that nothing shall be deeme d to compel any
person to provide
information on any matter of whic h secrec y is to be ma inta ined by law.
28. Right to privacy:
Except as provide d by law, the privac y of a ny perso n,
his or her home, property, docume nt, data, corre spo ndence or matters
relating to his or her charac ter shall be inviola bl e.
28. Right against exploitation:
(1) Every person sha ll ha ve the right a ga inst
exploita tion.
(2) No one shall be exploited in the name of any cu stom, tra dition
and usa ge or in any manner whatsoe ver.
(3) No one sha ll be tra fficke d in nor shall one be he ld in sla very or in
servitude.
(4) No one sha ll be required to perform force d labo r.
Provide d that nothing in this c lause shall be deeme d to pre vent the
making of law whic h re quire c itizens to perform com pulsory service for
public purpose s.
30. Right relating to labou r:
(1) Every worker and employee shall ha ve the
right to appropriate la bor exerc ise.
(2) Every worker and employee shall ha ve the right to form a nd
join tra de unions and to engage in collective barga ining for the protec tion
of their respective intere sts, as provide d in law.
32. Right against exile:
No citizen sha ll be exile d.
32. Right to constitutional remedies:
The right to procee d in the manner set
forth in Article 107 for the enforcement of the rig hts c onferred by this Part
is guara ntee d.

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PAR T 4.
OBLIG ATIONS, DIRECTIVE PRINCIPLES AND

POLICIES OF TH E STATE

33. Obligation s of the State:
The Sta te shall have the following obligations:
(a) To concentrate fully on holding the e lection to the members of the
……
3 the year 2064 (12 April 2007) 4, while recogniz ing the need for
the functional rea lization of the sovere ignty inher ent in the people of
Nepal;
(b) To e nsure progre ssive political, economic and s ocia l transformations
in the country;
(c) To a dopt a political syste m fully upholding the universa lly accepted
concepts of ba sic huma n rights, competitive multi-p arty de mocra tic
system, sovere ignty inherent in the people and supr e macy of the
people, constitutiona l checks a nd ba lances, rule of law, soc ial justice
and e qua lity, inde pendence of judic iary, periodic e lections,
monitoring by the c ivil soc iety, com ple te pre ss fre edom, right to
information of the people, tra nspare ncy and account a bility in the
activitie s of politica l parties, public partic ipati on a nd impartial,
effic ient a nd fair bureaucra cy, and to maintain goo d governance,
while putting an end to corruption a nd impunity;
(d) To make an inclusive, democra tic and progressiv e restruc turing of
the Sta te, by e nding the e xisting ce ntra lized and u nitary struc ture of
the State so as to address the proble ms inc luding t hose of women,
Dalit , indige nous people, Madhesi, oppressed, excluded a nd
minority c ommunitie s and bac kward re gions, while at the same time
3 Deleted by the third A mendment.
4 Amended by the Second Amendment

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doing way w ith discrimina tion base d on class, caste
, langua ge,
gender, culture, re ligion a nd re gion;
(dl)
5 To ha ve partic ipation of Madhe si, dalit, indigenous people s, women,
labors, farmers, disabled, backward c lasse s and reg ions in a ll orga ns
of the State structure on the basis of proportiona l inc lusion;
(e) To seta comm on m inimum program on soc io-econom i c
transforma tion to do away with feuda lism in all its forms, and keep
on implementing the program;
(f) To pursue a polic y of im pleme nting a scie ntific la nd re form program
by doing awa y with the fe udalistic land ownership;
(g) To pursue a polic y of protec ting a nd promoting dome stic industries
and mea ns and resources;
(h) To pursue a policy of establishing the right of a ll c itizens to
education, hea lth, housing, employme nt a nd food sov ere ignty;
(i) To pursue a policy of providing socio-economic security inc luding
the land to the ec onomica lly and socia lly backward c la sses inc luding
the landless, bonded labors, tillers and Harawa-Charawa;
(j) To pursue a policy of taking se vere action and punishing a ny one
who earns illic it wea lth through corruption while h olding a public
office of profit;
(k) To build a c omm on de velopment conce pt for the s oc io-econom ic
transforma tion of the country and justice a s well a s for the prosperity
and rapid ec onom ic progress and prosperity of the c ountry;
(l) To pursue a policy of exte nsive ly increa sing op portunitie s for
employme nt and inc ome generation by increa sing inve stme nt for
5 Inserted by the First Amendment

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prom oting industry, trade a nd e xport and e nsuring t
he profe ssional
rights of la bors;
(m) To e ffec tively implem ent the internationa l trea tie s and a greeme nts of
which the Sta te is a party;
(n) To abolish all discrim ina tory laws;
(o) To use natura l means and resource s inc luding wa ter resources of the
country in the interests of na tion;
(p) To ma ke provis ions for a ppropria te re lied, reco gnition a nd
rehabilitation of the fam ily members of those who h a ve died in the
course of armed conflicts and those who, be ing inju red in this
course, ha ve become disabled a nd infirm;
(q) To pro vide re lief to the fam ilie s of the victi ms who were subjec ted
to disa ppea rance during the course of armed conflic t base d on the
report of the inquiry c ommission c onstituted in rel a tion to such
persons;
(r) To launch a spec ial program in order to rehabil itate the displaced
persons, provide relie f in the case of priva te and public properties
destruc ted, and reconstruct the infrastructures de v astate d, during the
course of arme d conflict;
(rl )
6 To de ve lop a culture of resolving ma jor political problems of the
country through understanding betwee n, conse nt of, a nd
collaboration with, major politica l parties which, ha ving pre formed
the lea ding role in the historic pe ople’s mo veme nt, made an
understanding on 2 Kartik 2063(12 Novem ber 2006), a s well as
other politica l parties ha vin g re presentation the C onstitue nt
6 Inserted by the Fi fth Amendment

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Assembly;
(s) To c onstitute a high le vel truth a nd reconc ili a tion comm ission to
investigate the facts about involve d in gross viola tions of human
rights crimes a ga inst humanity during the course ar med conflic t, a nd
to create a n en vironment reconc ilia tion in the soc i ety.
34. Directive principles of the State:
(1) The main objective of the State shall
be to promote the we lfare of the pe ople on the basi s of the princ iple s of an
ope n socie ty, by esta blishing a just system in all aspec ts of the national life
inc luding soc ial, economic and politica l life while at the same time
protecting the live s property, equa lity and liberty of the people.
(2) The objective of the Sta te shall be to ma inta in peac e and order,
protect and promote huma n rights, promote public we lfare in the socie ty,
and create opportunities for the ma xim um partic ipa t ion of the pe ople in the
governa nce by way of se lf-governance, while at the same time ma intaining
a system where pe ople can e njoy the fruits of democ racy.
(3) Politica l objec tive of the State sha ll be to bu ild prosperous a nd
affluent Nepa l by institutionaliz ing democracy achi eve d as a re sult of the
struggle by the people of Nepa l, while a t the same time creating an
atmosphere conducive for the e njoyme nt of the fruit s of democracy.
(4) The fundame nta l economic objective of the State shall be to
transform the na tional ec onomy into an inde pendent, se lf-re liant a nd
progressive economy by preve nting the economic reso urce s and mea ns
a va ilable in the c ountry from be ing conce ntrated wi thin a limited sec tion of
the soc iety, by ma king a rrangements for the equitab le distribution of
econom ic gains on the basis of soc ial justice, by m a king such pro visions as
to e lim ina te econom ic ine qua litie s and pre vent ec on omic e xploitation of

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any ca ste, se x, c lass, origin or individuals, a nd b
y giving priority a nd
encoura gement to nationa l e nterprises, both private a nd public.
(5) The soc ial objective of the State shall be to e stablish and de ve lop
a healthy soc ia l life on the foundation of justice a nd morality, by
e lim ina ting a ll types of economic and soc ia l inequa lities a nd by
esta blishing harm ony amongst the various ca stes, tr ibe s, religions,
langua ges, race s, communities and de nom inations.
(6) The Sta te sha ll direc t its interna tiona l re lati ons towards
enha nc ing the dignity of the nation in the interna t iona l are na by
ma inta ining the so vereignty, inte grity and inde pend ence of the country.
35. Policies of the State:
(1) The State sha ll pursue a polic y of ra ising the
standards of living of the ge nera l public through t he de velopme nt of
infra structures suc h as education, hea lth, housing a nd em ployme nt of the
people of all regions, by equitably distributing in ve stme nt of econom ic
investment for the ba lanced de velopment of the coun try.
(2) The Sta te sha ll pursue a policy of de ve loping e c onomy of the
country through the governmental, cooperative a nd p rivate sectors.
(3) The State sha ll pursue a policy of strengthenin g the national
unity by maintaining the cultural diversity of the country by de ve loping
hea lthy and cordia l socia l re lations amongst the va rious re ligions, cultures,
caste s, communities, denom ina tions, origins and lin guistic groups, ba sed on
equa lity and c o-existenc e, and through the e qua l de ve lopment of their
langua ges, lite ratures, scripts, arts and culture s.
(4) The Sta te sha ll pursue a policy of acc ording pr iority to the local
communitie s while mobiliz ing the natura l re sources and herita ges of the
country in such a manner a s to be use ful and bene fi cia l to the interests of
the nation.

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(5) The Sta te sha ll make such arrangeme nts as may b
e required to
keep the en vironment c lean. The State sha ll give pr iority to the pre vention
of adverse impacts in the environment from physical de velopme nt
activitie s, by increasing the awareness of the ge ne ra l public about
environmenta l cleanliness, a s well as to the protec tion of the environme nt
and spec ia l safe guard of the rare w ildlife. The Sta te sha ll make
arrangeme nts for the protection of, susta inable use s of, and the equita ble
distribution of bene fits derive d from, the flora and fauna a nd biological
diversity.
(6) The State sha ll de ve lop the agric ulture sector as an industry by
creating c onditions for econom ic progre ss of the ma jority of the people
who are dependent on a gric ulture a nd raising produc tivity in the a gric ulture
sector through enc ouragement to the farmers.
(7) The State sha ll pursue a policy of ensuring the right to work of
the labor force, whic h rema ins as the major socia l and econom ic stre ngth of
the country, by pro viding them w ith employment a nd raising their
participation in the manageme nt of e nterprise s, whi le a t the same time
protecting the ir rights and intere sts.
(8) The Sta te sha ll pursue a policy of making the w ome n partic ipate,
to the ma ximum exte nt, in the ta sk of nationa l de ve lopment, by making
spec ial pro visions for the ir education, hea lth a nd em ployment.
(9) The Sta te sha ll pursue a polic y of m aking spec i a l provision of
soc ia l sec urity for the protection a nd progress of the single women,
orphans, childre n, the he lple ss, the a ged, the disa bled, inca pac ita ted
persons, and tribes on the verge of e xtinction.
(10) The State shall pursue a policy of uplifting t he econom ica lly
and soc ially bac kward indigenous pe oples, Madhe si, Dalit, marginalized

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communitie s, and workers a nd fa rmers living below t
he po verty line, by
making a pro vision of reser vation in education, hea lth, housing, food
sovere ignty and employment, for a certain period of time.
(11) The State sha ll, for the progre ss of the c ount ry, pursue a policy
of giving priority to the de velopment of sc ie nce a n d technology and a lso
pursue a polic y of de veloping loca l technology.
(12) The State sha ll, for the purposes of na tiona l de ve lopme nt,
pursue a policy of a ttracting fore ign capital and t echnology, while giving
priority to indigenous investme nt.
(13) The State sha ll pursue a polic y of keeping on accelerating the
pace of rural deve lopme nt, keeping in view the we lf are of the majority of
the rura l population.
(14) The State sha ll pursue a policy of making a sp ec ial pro vision,
base d on positive discrim ina tion, for the minoritie s, landless people,
landless squa tters, bonded labours, the disabled, b ac kward re gions a nd
communitie s a nd victims of conflict, the women, Dalit, indigenous people,
Madhe si and Muslim s, as we ll.
(15) The State shall pursue a policy of making prov ision for, the
basic land require d for the settlement of the bonde d la bours, and for their
education, a fter determining the number of such lab ours.
(16) The Sta te sha ll pursue a policy of ma king infr astructures
required to im part technica l education, tra ining a n d orienta tion for the
deve lopment of that c la ss of pe ople depe ndent inc lu ding farmers a nd
workers, to ha ve the ir participation in the process of de velopment of the
State.
(17) The State sha ll pursue a polic y of providin g a llowances to the
senior c itizen, incapac itated women and the unemplo ye d by ma king laws.

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(18) The State shall pursue a policy of ide ntifying
, protecting a nd
modernizing the traditional knowledge, skills and p rac tice s existing in the
country.
(19) The State sha ll pursue a spec ial policy of re g ula ting the
operation and mana geme nt of public and non-governme ntal orga nizations
esta blished in the country.
(20) The Sta te sha ll pursue a spec ial policy of m ob ilizing the
youthful human re sources in the de velopment of the country.
(21) The State sha ll pursue the fore ign polic y of N e pa l based on the
princ iples of the Charter of the Unite d Nations, no n-a lignme nt, the
princ iples of Panchsheel, internationa l law and the norms of world peace.
(22) The Sta te shall pursue a policy of keeping ins titutiona liz ing
peace in Nepa l through interna tional norm s, by prom oting cooperative and
harmonious re lations in the econom ic, soc ial and ot her sphere s on the basis
of equa lity with neighboring friendly countries and a ll other countries of
the world.
36. Questions not to be raised in cou rt:
(1) No que stion shall be raised in a ny
court a s to whether the ma tters c ontained in this P art ha ve been
implemented or not.
(2) The Sta te sha ll mobilize, or cause to be mobili zed, the mea ns a nd
resources, a s require d, to im plement the princ iple s and polic ie s conta ined in
this Part.

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PART 4A 7
PRESIDENT AND VIC E-PRESIDENT

36A. President:
(1) There sha ll be a Pre sident in Nepa l.
(2) The Preside nt sha ll be the head of state of the country, and in that
capacity perform his or her functions in acc orda nce w ith this Constitution
and the laws in force.
(3) The ma in duty of the President shall be to prot ect and abide by
this Constitution.
36B.
8 Election to Presi dent: (1) The Constituent Asse mbly sha ll e lect the
President on the basis of politica l understa nding.
(2) If politica l understanding is not made pursuant to Cla use (1), a
person who secure s a ma jority of the tota l number o f the then members of
the Constitue nt Assem bly sha ll be deeme d electe d to the office of
President.
(3) Other procedures re la ting to the e lection of Pr esident sha ll be as
determine d by the Constitue nt Assembly.
(4) If any person holding any politica l office to b e filled by way of
e lection, nomination or appointment is e lec ted to t he office of Preside nt,
suc h political office sha ll, ipso facto, be vaca nt.
36C. Term of office of Presi dent:
The term of office of the President shall be
until the comme ncement of the constitution to be pr omulgated by the
Constituent Assem bly.
36D. Qualification for Pre sident.
In order to bec ome the Pre sident, a person
must possess the following qua lifica tion:
7 Inserted by the Fourth Amend ment 8 Amended by the Fifth Amend ment.

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(a) Be ing qualified to become a me mber of the Const
itue nt
Assembly; and
(b) Ha ving atta ine d at lea st thirty five years of a ge.
36E. Vac ation of office of Presi dent:
The office of the Pre sident sha ll become
vacant in any of the following c irc umstances:
(a) if he or she te nders resignation before the Vic e-president; I
(b) if a t least two-thirds majority of the total nu m ber of the then
members of the Constituent Asse mbly a dopts a resolu tion of
impeac hment aga inst him or her on the charge of ser ious
violation of the Constitution by him or her; or
(c) if he or she dies.
936F. President to take oath : (1) The Preside nt sha ll, prior to assum ing his or
her duties, ta ke a n oath of office a nd secrec y be fo re the Chie f Justice
in a form a t referred to in Sc he dule-1A in offici a l Ne pa li language.
(2) Notwithsta nding anything contained in Sub-art ic le (1), if the
preside nt wants to ta ke oath in his/her m other to ngue spoken in Nepal,
he/she sha ll subm it a copy in the forma t of oa th to the office of pre sident by
transla ting it into his/her m other tongue Twenty-Fo ur Hour before the
prescribed time for swearing in.
(3) The preside nt, upon taking oath pursuant to t his article, shall
submit a copy of suc h oa th to the office of preside nt with his/her signature.
Provide d that, if the president ha s take n oath in his/her mother
tongue spoken in Nepal, he /she shall sign and subm it a copy in the offic ial
Nepali langua ge a nd copy in any other Nepali mother tongue to the office
of president.
9 Amended by Seventh Amend ment.

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(4) The Office of Pre sident shall maintain the re
cord of suc h oa th
take n pursuant to this Article.
36G. Vice-pre sident:
(1) There shall be a V ice-preside nt in Nepa l.
(2) The Vice-pre side nt sha ll perform the functions to be performed
by the Preside nt in a bse nce of the President or unt il another President is
e lected after the remova l of the Preside nt from his or her office pursuant to
Artic le 36E.
10 (3) If any person holding a ny politica l office to be fille d by way
of e lec tion, nomination or appointme nt is e lec ted t o the office of Vice-
preside nt, suc h politic al office sha ll, ipso fac to, be vaca nt.
36H. Vacation of office of Vice-presi dent:
The office of the Vice-preside nt shall
become vacant in any of the follow ing circ umstance s :
(a) if he or she te nders resigna tion be fore the Pre sident;
(b) if a t least two-thirds ma jority of the tota l nu m ber of the the n
members of the Constitue nt Assembly a dopts a resolu tion of
impeac hment a gainst him or her on the charge of ser ious
violation of the Constitution by him or her; or
(c) if he/she dies.
36i. Other provisions relating to Vice-president:
(1) Provisions re lating to
the qua lification,
11 elec tion proce dure a nd term of office of the Vice-
preside nt shall be the same as those of the Pre side nt.
10 Inserted by the Fi fth Amendment 11 Amended by the Fi fth Amend ment

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12 (2) The vice-President shall, prior to a ssum ing h
is/her duties, take
an oath of office and secrec y be fore the president in a form at referred to in
Schedule-1A in offic ial Nepa li langua ge.
13(3) Notw ithstanding a nything conta ine d in Sub-artic le (1), if the
Vice-president wants to ta ke oath in his/her mother tongue spoken in
Nepal he/she sha ll submit a copy of the format of oath to the office of
preside nt by translating it into his/her mother ton gue Twenty-Four Hour
before pre scribed time for swearing in.
14 (4) The Vice-president, upon taking oa th pursua nt to this artic le,
sha ll subm it a copy of suc h oath to the office of p resident with his/her
signa ture.
Provide d that, if the Vice-president ha s take n oath in his/her mother
tongue spoken in Nepal, he /she sha ll sign and subm it a copy in the offic ial
Nepali langua ge a nd copy in any other Nepa li mother tongue to the office
of president.
15(5) The O ffice of preside nt shall ma inta in the rec o rd of suc h oa th
take n pursuant to this Article.
36J. Remuneration and facilities of Presi dent and Vice-president:
The
remuneration and other fac ilitie s of the President the V ice-pre sident sha ll
be as de termined by an Act a nd as determined by the Go vernment of Nepal
until such Act is made.
36K .
16 Office of Pre sident and Vice-president: (1) There sha ll be sepa rate
12 Amended by Seventh Amend ment.
13 Inserted by seventh Amendment.
14 Inserted by seventh Amendment.
15 Inserted by seventh Amendment.

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offices for rendering assistance in the func tions o
f the Preside nt and the
Vice-president.
(2) The Government of Nepa l sha ll arrange for emplo yees as
required for the operation of the ac tivities of, an d other matters rela ting to
the ma nageme nt of, the offices referred to in Cla us e (1)

PAR T 5
EXECU TIVE

37. Executive po wer:
(1) The executive power of Nepal sha ll, pursuant to
this Constitution and other laws, be ve ste d in the Counc il of Ministers.
(2) The re sponsibility for issuing gene ra l direc tiv es, c ontrolling
and regulating the administration of Ne pa l sha ll, s ubjec t to this Constitution
and other laws, lie in the Counc il of Ministers.
(3) The executive functions of Nepa l sha ll be perfo rmed in the
name of the Go vernment of Nepal.
(4) Any decision or order to be issue d in the name of the
Governme nt of Nepa l pursuant to Cla use (3) and othe r instrume nts of
authorization perta ining thereto sha ll be authe ntic ate d as pro vided by law.
38. Formulation of Council of Ministers:
(1) The Counc il of M inisters shall
be formed under the cha irpersonship of the Prime M i nister, on the basis of
politica l understa nding.
……………………
17
16 Amended by the Fi fth Amend ment
17 Deleted by the Fifth Amendment

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(2) Failing the understa nding a s referred to in
Clause (1), the
Prime Minister sha ll be e lec ted by a ma jority of th e tota l number of the then
members
18 of the Le gislature-Parliame nt.
(3) The structure and a llocation of busine ss of th e Interim
Counc il of Ministers sha ll be settle d through mutua l consent.
(4) The Counc il of Ministers sha ll consist of Depu ty Prime
Minister and other Ministers, as re quired.
Explanation
: For the purposes of this Artic le, the expression
“Minister” sha ll inc lude a M inister of State holdin g an indepe nde nt
portfolio of a Ministry.
(5) The Prime Minister sha ll, on the recommendation of the
concerned partie s, appoint Ministers from amongst t he members of the
Legislature-Parliame nt.
(6) The Prime M inister a nd other M inisters shall be colle ctive ly
responsible to the Le gisla ture-Parliament, and the Ministers sha ll be
individually re sponsible for the work of the ir re sp ective Ministries to the
Prime Minister and the Legis lature-Parliame nt.
(7) The Prime Minister shall be relie ve d of his or her office in any of
the following c ircumstances:
(a) if he or she te nders resignation in writing to the Preside nt;
19
(al)
20 if a vote of no-confidence is pa sse d a ga inst him or her
pursua nt to Artic le 55A;
(b) if he or she ceases to be a member of the Le gis lature-
18 Amended by the Fi fth Amend ment 19 Amended by the Fourth A mendment
20 Inserted by the Second Amend ment

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Parliament; or
(c) if he or she die s. (8) The Deputy Prime M inister, Minister of State a n d
Assista nt Minister shall be re lie ved of his or her office in any of the
following c ircumstances:
(a) if he or she te nders resigna tion in writing to the Prime
Minister;
(b) if the Prime M inister is relie ved of his or her office pursua nt
to the provisions of Clause (7);
(c) if, on the rec omme nda tion of, or in consultatio n with, the
concerned party, the Prime Minister re live s him or her of his
or her office; or
(d) if he or she die s. (9) Eve n though the Prime Ministe r is re lie ved of h is or her
office pursuant to clause (7), the same Counc il of Ministers sha ll continue
to func tion until a new Council of Ministers is con stitute d.
(10) If the Prime Minister dies, the Deputy Prime M inister or
the senior most M inister sha ll act as the Prime Min ister until a new Prime
Minister is se lecte d.
39 Ministers of State an d Assi stant Ministe rs:
(1) The Prim e Minister may,
on the recommendation of the concerned party, a ppoi nt a Minister of State
from amongst the members of the Legislature-Parliam e nt.
(2) The Prime Minister may, on the recommendatio n of the
concerned party, appoint Assistant Minister from am ongst the members of
the Le gisla ture-Parliament to assist the M inister i n carrying out his or her
responsibilitie s.

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40. Appointment of non-membe r of Le gislatu re-Parlia
ment as Minister:
Notwithstanding anything contained in Article s 38 a nd 39, the Prime
Minister may, on the ba sis of politica l understa nd ing
21, appoint a person
who is not a member of the Le gislature-Parliament a s Deputy Prime
Minister, M inister, M inister of Sta te or Assista nt Minister.
41. Remuneration an d othe r facilities
: The re muneration and other fac ilities
of the Prime Minister, Deputy, Prime Minister, Mini ster, Minister of State
and Assistant Minister sha ll be as determ ine d by a n Act, and until so
determine d, shall be as spec ifie d by the Go vernment of Nepal.
42. Oath
: The Prime Minister sha ll ta ke an oath of office and secrecy before
the Preside nt
22, and the Deputy Prime Minister, Minister, Minister of Sta te
and Assista nt Minister shall take such oath be fore the Prime M inister.
43. Conduct of business of the Gove rnment of Ne pal
: (1) The business of the
Governme nt of Nepa l shall be conducte d in consonanc e with the spirit of
the pe ople ‘s joint mo vement, politica l understandin g and c ulture of
collaboration. The c ommon minim um program set throu gh mutua l conse nt
sha ll be the polic y ba sis of the operation of the G overnment of Nepal.
(2) The alloca tion and tra nsaction of the business of the Go ve rnme nt
of Nepa l sha ll be carried out as set forth in the r ules approve d by the
Governme nt of Nepa l.
(3) No que stion whether the Rules re ferred to in Cl a use (2) ha ve
been observed sha ll be inquired into in any court.
44. Council of Ministers after formation of Constit uent Assembly:
After the
formation of the Constituent Assembly, the e xerc ise of the e xecutive power,
21 Inserted by the Second Amend ment
22 Amended by the Fou rth Amendment

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formulation of the Counc il of M inisters and other m
a tters perta ining thereto
shall be go verned by the provisions contained in th is Part mutatis mutandis.
PAR T 6
LEG ISLATURE-PARLIAMENT

45.
23 ……………….
46.
24 ……………….
47.
25 ……………….
48.
26 ……………….
49.
27 ……………….
50.
28 ……………….
51. Summoning and prorogation of se ssion s:
(1) 29 The Pre sident sha ll, on
the rec omme nda tion of the Prime M inister, summon th e session of the
Legislature-Parliame nt from time to time.
(2)
30 The Pre sident sha ll, on the recommendation of the Prime
Minister, prorogue the se ssion of the Legislature-P arliament.
(3)
31 If, during the proroga tion or recess of the se ssi on or mee ting
of the Legis lature-Parliame nt, at lea st one-fourth of the tota l number of the
the n members of the Legislature-Parliame nt make a p etition that it is
expe die nt to convene a session or meeting, the Pres ident
32 sha ll, no later
23 Repealed by the Fifth Amend ment 24 Repealed by the Fifth Amend ment 25 Repealed by the Fifth Amend ment 26 Repealed by the Fifth Amend ment 27 Repealed by the Fifth Amend ment 28 Repealed by the Fifth Amend ment 29 Repealed by the Fifth Amend ment 30 Repealed by the Fifth Amend ment 31 Inserted by the Second Amend ment 32 Repealed by the sixth Amend ment

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tha n fiftee n da ys, conve ne suc h se ssion or meeting
by specifying the date
and time for the same, and the session or meeting o f the Le gislature-
Parliament sha ll c ommence or be he ld at the date an d time so spec ifie d.
Explanation:
For the purposes of this Cla use, the expression
“petition” sha ll mean a document bearing the signat ure of the petitioner.
52. Address by Pre sident:
33 The Preside nt 34 shall address the se ssion of the
Legislature-Parliame nt, and present therea t the ann ua l policie s and
programs of the Government.
53 Quorum:
Sa ve as otherwise provided in this Constitution, no question or
resolution sha ll be prese nte d for decision in a ny m eeting of the Le gislature-
Parliament unless one-fourth of the tota l num ber of members are present.
54. Conduct of business in case of vac anc y in membe rship:
(1) The
Legislature-Parliament sha ll ha ve power to c onduc t its business
notw ithstanding a ny vaca ncy in the sea t of a ny mem b er of the Le gislature-
Parliame nt; and no proceedings in the Le gislature-P arliame nt sha ll become
in va lid notw ithsta nding that it is disco vere d subse quently that some person
who was not entitle d so to do took part in suc h pro ceedings.
(2) A M inister or Minister of State or Assista nt Mi nister who is
not a mem ber of the Le gisla ture-Parliame nt sha ll be entitled to attend a ny
meeting of the Le gisla ture-Parliame nt or any of its c ommittees.
Provide d that he or she shall not ha ve the right to vote.
55. Voting:
Sa ve as otherw ise provide d in this Constitution, an y que stion put
before for dec ision in any meeting of the Legislatu re-Parliament shall be
dec ided by a ma jority of votes of the mem bers pre se nt and voting.
Ordinarily, the presiding member shall not ha ve the right to vote.
33 Amended by the Fou rth Amendment 34 Amended by the Fou rth Amendment

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Provide d that, he or she may exerc ise the casting v
ote in the case of a tie.
55A
35 Vote of confi dence: (1) The Prime Minister may, whene ver he or she is
of the opinion that it is necessary or a ppropria te to ma ke it c lear that the
Legislature-Parliame nt ha s confidence in him or her , may table a resolution
in the Legisla ture-Parliament for a vote of confide nce.
(2) At lea st one-fourth of the tota l number of memb ers of the
Legislature-Parliame nt may table in writing a no-co nfidence motion that
the Legislature-Parliame nt has no confidence in the Prime Minister.
Provide d that, a no-confidence motion sha ll not be ta ble d a ga inst the
same Prime M inister more than once w ithin six month s.
(3) A decision on the re solution or motion ta ble d p ursuant to
Clause (1) or (2) sha ll be made by a ……
36 ma jority of the num ber of the
the n members of the Legisla ture-Parliament.
56. Privileges:
(1) There sha ll be full free dom of speec h in any me e ting of the
Legislature-Parliame nt; and no mem ber shall be arre sted, de tained or
prosecuted in a ny court for anything e xpressed or a ny vote ca st by him or
her in such meeting.
(2) The Le gislature-Parliame nt sha ll ha ve full powe r to re gula te its
interna l busine ss, and it shall be the exclusive ri ght of the Le gislature-
Parliament to dec ide whether or not any of its proc ee dings is regular or
irre gular. No question in this behalf sha ll be ra is ed in a ny c ourt.
(3) No comment sha ll be made about the good faith concerning a ny
procee ding of the Le gisla ture- Parliament, and no p ublica tion a nd
broa dcasting of a ny kind sha ll be made about anythi ng said by a ny
35 Inserted by the Second Amend ment
36 Deleted by the Fifth Amendment

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member, inte ntionally distorting or misinterpreting
the meaning of the
speech.
(4) No procee dings sha ll be initia ted in any court a gainst a ny
person in re spect of the publica tion under the a uth ority of the Le gislature-
Parliament of any doc ument, report, vote or proceed ing.
Explanation
: For the purpose s of Clauses (1), (2), (3) and (4) , the
expression “Legisla ture Parliament” sha ll inc lude t he Le gislature-
Parliament and any of its comm ittee s.
(5) No member of the Le gislature-Parliament be arre sted during the
session of the Le gisla ture-Parliame nt.
Provide d that nothing in this Clause sha ll be deeme d to preve nt the
arrest under a ny law of a ny member on a c rim ina l c h arge. If any mem ber is
so arre ste d, the a uthority making suc h arrest shall forthw ith give
information thereof to the person presiding o ver th e Le gisla ture-Parliame nt.
(6) A viola tion of any matter conta ined in this Art ic le sha ll be a
breach of the privile ges of the Le gislature-Parliam e nt; and any bre ach of
the privile ges of the Le gisla ture-Parlia ment sha ll be deemed to constitute
contempt of the Le gisla ture-Parliament. The Le gis la ture-Parliament shall
have the e xclusive right to decide whe ther any brea c h of privile ge ha s ta ken
place.
(7) If any person c ommits in contempt of the Le gisl ature-Parliame nt,
the person pre siding over the mee ting may, a fter a dec ision by the mee ting
to that effect, adm onish, warn or impose a sentence of im prisonment for a
term not excee ding three m onths or of a fine not e x ceeding ten thousa nd
rupees on suc h person. If suc h person fa ils to pay such fine, it shall be
recovere d as government due s.

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Provide d that if such person submits an a pology to
the satisfaction of
the Le gisla ture-P arliament, it may e ither pardon hi m or her or remit or
commute the sente nce im posed on him or her.
(8) Other ma tters rela ting to privileges not mentio ned in this
Constitution shall be suc h as may be de termined by law.
57. Procedure s relating to con duct of business:
The Le gislature-Parliame nt
sha ll, subject to this Constitution, conduct its bu siness on the ba sis of
politica l understa nding, and frame rules for ma inta ining order during its
meetings and regula ting the constitution, functions and procedures of the
committee s or a ny other ma tters. Until suc h Rule s a re framed, the
Legislature-Parliame nt shall set its own Rules of p rocedure.
57A
37. Opposition party: (1) There sha ll be a n opposition party in the
Legislature-Parliame nt a nd a lea der of suc h party.
(2) The remuneration a nd other fac ilities of the le ader of the
opposition party shall be as determined by law.
58. Committees:
The Le gis lature-Parliament sha ll ha ve committees an d sub-
committee s in the require d number as pro vide d in it s Rules.
59. Powers of Legislature-Parliament to be exercise d by Constituent
Assembly: Upon the expira tion of the term of the Le gislature-Parliame nt
pursua nt to this c onstitution
38, the Constituent Assembly sha ll exerc ise the
powers of the Le gislature-Parliame nt a s re ferred to in this Constitution.
60. Restriction on discu ssion:
(1) No discussion sha ll be he ld in the House
on any ma tter which is sub judice in a ny c ourt of Nepa l and on a ny judic ial
act done by a Judge in the course of performa nce of his or her judic ial
37 Inserted by the Second Amend ment and amend ed by the Fifth Amendment
38 Repealed by the sixth Amend ment

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dutie s.
Provide d that nothing in this Artic le sha ll be de e med to bar
the expression of opinions about the conduc t of a J udge during
delibera tions held on a motion of im peachment.
(2) The provision of c la use (1) sha ll a lso apply to the Constitue nt
Assembly.
61. Sec retariat of Legislature-Parliament:
(1) There shall be a Sec retariat
for the conduct a nd ma nage ment of the business of t he Le gislature-
Parliame nt. The esta blishment of the Secre tariat an d other matters rela ted
thereto sha ll be as de termined by law.
(2) The Government of Nepa l shall provide suc h empl oyees as
required for the c onduct a nd manageme nt of the busi ness of the
Legislature-Parliame nt.
61A
39. Sec retary general an d sec retary of Legislature-Pa rliament: (1) There
sha ll be one secretary genera l and one secretary in the Le gislature-
Parliament.
(2) The Pre sident
40 shall, on the recommendation of the Spea ker of
the Legislature-Parliame nt, appoint the secre tary g enera l and the secre tary.
(3) The qua lification, functions, dutie s, powers a n d other terms a nd
conditions of ser vice of the secretary genera l and the secretary of the
Legislature-Parliame nt shall be as determine d by la w.
62. Remuneration:
The remuneration and fac ilities of the Speaker, Dep uty
Speaker, mem bers, a nd cha irpersons of the committee s of the Le gislature-
Parliament sha ll be as provided by law, and until s o de term ined, sha ll be as
determine d by the Go vernment of Nepa l.
39 Inserted by the Third Amendment. 40 Amended by the Fi fth Amend ment

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PAR T 7
CONSTITUENT ASSEMB LY

63. Constitution of Con stituent Assembly:
(1) A Constituent Assem bly sha ll,
subject to this Constitution, be constitute d for th e ma king of a new
constitution by the pe ople of Nepa l themse lve s.
(2) Follow ing the comme nceme nt of this Constitution , an e lec tion to
the Constitue nt Assembly shall be he ld on such date as may be a ppointed
by the Governme nt of Nepa l.
(3)
41The Constitue nt Assembly sha ll be com posed of the f ollow ing
num ber of members who are e lecte d on the basis of t he e qua lity of
population, geographica l conge nia lity and spec ific i ty, a nd on the basis of
the percentage of the popula tion in M adhes, in accorda nce w ith the mixed
e lectora l system, as provided in the law, and who n ominated a s follow s:
(a) The me mbers e lec te d on the basis of first-past- the-post
e lectora l system c onsisting of one member from each of the
two hundre d a nd forty e lection constituencies deli m ite d
42 by
the Election Constituency Delimita tion Comm ission
constituted pursuant to Artic le 154A, base d on the popula tion
fixe d by the nationa l census preceding the election of the
Constituent Assembly, while treating a n a dm inistrat ive
district as a n e lection distric t, and, as far as po ssible,
ma inta ining the same proportiona lity be tween suc h d istric ts
and the numbe r of members;
(b) Three hundred and thirty five mem bers
43 to be e lected on the
basis of the proportiona l e lectora l system where vo ters vote
41 Amended by the First Amend ment. 42 Amended by the Third Amendment 43 Amended by the Third Amendment.

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for parties, while trea ting the whole country as a
single
e lection constitue ncy; and
(c) Twenty six members to be nominate d by the Coun cil of
Ministers, on the ba sis of understanding, from am ongst the
promine nt persons 44 who ha ve re ndered outstanding
contributions to nationa l life, and the indige nous pe oples
which c ould not be re pre sented through the electio ns as
referre d to in Clauses (a) and (b). 45
(3a)
46 Notwithsta nding anything conta ine d in Sub-c lause (a) of
Clause (3), while de lim iting the e lection constitue nc ies pursua nt to that
Sub-clause, the num ber of e lection constituencie s i n the a dm inistrative
districts existing under the law s in force, at the tim e of the e lec tion of the
the n House of Repre sentatives in 2056 (1999), sha ll be ma inta ined as it is,
and the number of constitue nc ies in the hilly and m ounta inous area s shall
be increased on the basis of the percentage of popu lation growth; and while
so de limiting the elec tion constituencies, the numb er of e lec tion
constituenc ies in those a dm inistra tive districts in Mahesh which ha ve le ss
num ber of election constituenc ies in proportion to the perce nta ge of the
population of Madhe s sha ll be increased.
(4) In se lecting candidate s pursua nt to Sub-c lause (a) of Clause (3),
politica l partie s shall take into account the princ iple of inclusivene ss; and in
enlisting ca ndidate s pursuant to Sub-c lause (b), po lit ica l parties shall ensure
proportiona l re prese ntation of the wome n, Dalit, oppre sse d communitie s/
indigenous pe oples, backward re gions, Madhesi and other Classes, as
pro vided in law.
44 Amended by the Third Amendment 45 Amended by the Third Amendment 46 Inserted by the First Amendment.

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(5) Notwithsta nding anything c ontained in Clause (4
), at lea st one-
third of suc h tota l number of ca ndidate s nomina ted sha ll be women as to be
derived by adding the number of candidac ie s made pu rsuant to Sub-cla use
(a) of Clause (3) and’ the number of candidates on the basis of proportional
represe nta tion pursua nt to Sub-c lause (b) of Cla use (3).
(6) Election to the members of the Constituent Asse mbly sha ll he ld
through secret ba llots, as pro vided in law.
(7) For the purpose of the election to the Constitu e nt Assembly,
e very c itize n of Nepal who has a tta ined the a ge of e ightee n years on or
before the last da y of the month of Mangsir of the year 2063, (15 December
2007) shall be entitle d to vote, as provide d in law .
(7a)
47 If the seat of a member e lected or nom inate d pursu ant to
c lause (3) falls vacant for any reason, suc h vaca nc y sha ll be filled in by the
same proce dure under which such member was elected or nom ina ted
pursua nt to the laws in force.
48(7b) Notwithsta nding anything conta ined in the Cla u se (7), if the
position of a member elected pursuit to Sub-cla use (a) of Section (3) fa lls
vacant by any reason and nee ds to be fille d by a n e lection pursuit to Cla use
(7a), e very Ne pa le se citize n who has a tte nde d the a ge of e ightee n years at
the e nd of Chaitra of the pre vious year imme dia te to the e lection ye ar
sha ll be entitle d to vote as proved for in the law
(8) Subject to the pro visions of this Artic le, the e lection to the
Constituent Assembly and other ma tters perta ining t hereto sha ll be as
pro vided in law.
47 Inserted by the Fi fth Amendment
48 Inserted by the sixth Amend ment

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64. Term of Con stituent Assembly: Unless dissolve d earlier pursuant to a
resolution passed by the Constitue nt Assembly, the term of the Constitue nt
Assembly sha ll be
49Three years a fter the date on whic h the first meeting of
the Constituent Assembly is he ld.
Provide d that if the ma king of constitution cannot be c ompleted by
the reason of the proc lamation of a s Sate of emerge nc y in the country, the
Constituent Asse mbly ma y, by a re solution to tha t e ffect, extend its term for
an additional period not exceeding six months.
65. Qualification for member:
In order for a person to become a mem ber of
the Constituent Assem bly, such person must possess the follow ing
qua lification:
(a) being a citizen of Nepal;
(b) having atta ined a t least twenty five years of a ge;
(c) not ha ving been convicted of a crim ina l offe nse involving
mora l turpitude;
(c1)
50 not being disqualified by any law; a nd
(d) not holding any office of profit.
Explanation:
For the purpose of clause (d), the expre ssion “offi ce of
profit” sha ll mea n any position, other tha n a polit ica l position which is to
be fille d by election or nomination, for whic h a re muneration or ec onomic
bene fit is pa id out of a government fund.
66. Decision on que stion as to disqu alification of member:
If there arise s a
que stion a s to whe ther a mem ber of the Constituent Assembly is
disqua lifie d or has ceased to posse ss a ny of the qu alifica tions se t forth in
49 Amended by the Ei ght Amend ment.
50 Inserted by the Second Amend ment.

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Artic le 65, the fina l decision of such question sha
ll be made by the
Constituent Assem bly Court.
67. Vac ation of se at:
The seat of a member of the Constituent Assem bly sh all
become vacant in any of the follow ing circ umstance s :
(a) if he or she resigns in writing;
(b) if he or she is no longer ‘qua lified under or c eases to
possess the qualification re ferred to in Artic le 65 ;
(c) if he or she absents himse lf or herse lf from te n
consecutive meetings, without giving notice to the
Assembly;
(d) if the politica l party of which he or she was a member
when e lected pro vides a notifica tion as pro vided in law
tha t he or she has abandoned the party or his or he r
membership of the pa rty cease s to exist; or
(f) if he or she dies.
Explanation:
The pro vision of Sub-cla use (d) sha ll not apply to the
Cha irperson or Vice-cha irperson of the Constituent Assembly.
68. Oath by membe r:
Every member of the Constitue nt Assem bly sha ll,
before taking part for the first time in the meetin g of the Constitue nt
Assembly or any of its c ommittees, ta ke an oa th a s provide d in law.
69. Meeting of Constituent Assembl y:
(1) The first mee ting of the
Constituent Assembly shall be he ld as summoned by t he Prime M inister
within twenty one da ys after the Election Commissio n ha s published the
fina l re sults of e lection to the members of the Con stituent Assembly; a nd
thereafter, its meetings sha ll be held at such plac e a nd time a s may be
spec ifie d by the person presiding o ver the Constitu ent Assembly.

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(2) Notwithstanding a nything c onta ined in Clause (1
), if no le ss than
one-fourth of the members of the Constituent Assemb ly make a pe tition,
a long w ith the rea son, to the Chairperson of the Co nstituent Assembly that
it is ne cessary to c onvene a mee ting of the Constit uent Assembly, the
Cha irperson shall c onvene the meeting of the Consti tue nt Assembly no
later tha n fiftee n days.
70. Procedure for passage of constitution bill:
(1) The Constitue nt Assembly
sha ll, in passing a constitution bill submitted to it, pass such bill by way of
voting on the preamble and e very artic le of the bil l.
(2) In a voting re ferre d to in Clause (1), the bill sha ll be passed
by consensus of a meeting attende d by at least two- thirds of a ll the then
members of the Constitue nt Assembly.
(3) Fa iling a consensus on the preamble or any arti c le of the
constitution bill pursuant to Clause (2), the parli amentary party leaders of
the politica l parties represe nte d in the Constituen t Assembly sha ll hold
mutual c onsultations in order to reach consensus on suc h matter.
(4) The holding of consultations pursua nt to Cla use (3) shall be
completed no later than a maximum of fifteen days a fter the date of failure
to reach consensus.
(5) No later than se ven days a fter the holding of c onsultations, if
any, pursuant to Cla use (4), the pream ble or any ar ticle of suc h bill shall be
a ga in put to vote.
(6) Failing the consensus re ferred to in Clause (2) notwithstanding
the voting held pursua nt to c lause (5), the pream bl e or the artic le in respect
whereof conse nsus c ould not be reac hed sha ll be a ga in put to vote; a nd if,
in such voting, the pream ble or article is passed b y a two-thirds majority of
a meeting atte nde d by at least tw o-thirds of a ll th e then members of the

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Constituent Assembly, suc h preamble or article shal
l be deeme d to ha ve
been pa ssed.
(7) For the purpose of this Artic le, if, in a votin g on the preamble or
any article of the constitution bill introduced in the Constitue nt Assembly,
none of the members doe s vote aga inst the preamble or a ny artic le of such
bill, the conse nsus sha ll be deemed to have been re ac hed.
71.
Chairperson and Vice-chairperson of Constituent Ass embly: (1)
The Constituent Assem bly shall, be fore com menc ing i ts business of
fram ing the constitution, elect a Cha irperson and a Vice-cha irperson from
amongst its members on the ba sis of political under standing.
51
(1a)
52 Failing the understanding re ferred to in Clause (1 ), a member
of the Constituent Assembly who secures a majority of the total num ber of
the then members of the constitue nt Assembly sha ll be deemed e lected to
the office of Cha irperson or Vice-chairperson.
(2) In holding e lection pursuant to Cla use (1) or ( 1a),
53 the
Cha irperson and the V ice-cha irperson sha ll be from different political
parties represe nting to the Constitue nt Assembly.
(3) Until the e lection of the Cha irperson and the V ice-
cha irperson is he ld pursuant to Clause (1), the mem ber of the Constitue nt
Assembly who is by age the se nior most sha ll presid e o ver the Constitue nt
Assembly.
(4) While dischargin g his or her duties pursuant to this
Constitution, the Chairperson or the Vice-c ha irpers on shall do so as a
neutral person, without fa voring or disfavoring a ny -politica l party.
51 Amended by the Fi fth Amend ment. 52 Inserted by the Fi fth Amendment. 53 Amended by the Fi fth Amend ment.

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72. Vac ation of office of Chairpe rson or Vice chair
pe rson : (1) The office of
the Cha irperson or the V ice-cha irperson sha ll becom e vacant in a ny of the
following c ircumstances:
(a) if he or she resigns in writing;
(b) if he or she ceases to be a mem ber of the Const itue nt
Assembly
(c) if a resolution is passed by a t least two-third s ma jority
of the tota l number of members of the Constitue nt
Assembly to the e ffect that his or her c onduct is n ot
compa tible with his or her office ; or
(d) if he or she die s.
(2) The Vice-c ha irperson or any other member shall preside over
a meeting at which de libera tions are to be he ld on a resolution that the
conduc t of the Chairperson of the Constitue nt Assem bly is not compatible
with his or her office ; and Cha irperson sha ll be e n titled to take part a nd
vote in the de liberations on such re solution.
73 . Quorum:
Sa ve as otherwise provided in this Part, the quorum to constitute
a meeting of the Constitue nt Assembly sha ll be at l east the one-fourth of
the tota l numbers; and no question or resolution sh a ll be presented decision
in a ny mee ting of the Constituent Assembly unle ss i t is attended by the
quorum.
74.
54 Procee ding of Constituent Assem bly in case the po sition of a membe r
is vacant: (1) The Constitue nt Assembly sha ll ha ve power to conduct its
business notw ithstanding any vacanc y if the seat of a member of the
Constituent Assembly; a nd no proceedings in the Con stituent Assembly
54 Amended by the Fi fth Amend ment.

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sha ll become inva lid notwithstanding that it is dis
co vered subse que ntly
tha t any person who, because of qua lification, was not entitled to take
part in such procee dings.
(2) A Minister, Minister of State and Assistant Mi nister may
atte nd the Constituent Assembly or the meeting of a ny comm ittee thereof
notw ithstanding tha t he or she is not a member of t he Constitue nt
Assembly.
Provide d that he or she shall not ha ve the right to vote.
75. Voting:
Save a s otherwise provide d in this Part, any questi on or
resolution presented for dec ision by the Constituen t Assembly sha ll be
dec ided by a ma jority of votes of the members prese nt a nd voting.
ordinarily, the presiding person sha ll not have the right to vote.
Provide d that he or she may exercise the casting vo te in the ca se of a tie.
76. Penalty for un authorize d presence or votin g:
If a person sits or votes in
a meeting of the Constituent Assembly or a ny of its c ommittees without
taking an oath pursuant to Article 68, or know ing t hat he or she is not
qua lified for membership in the Constitue nt Assembl y, he or she sha ll, on
order of the person presiding over the meeting, be liable to a fine of five
thousand rupees for eac h insta nce of such pre sence or voting. If such
person fails to pay the fine so imposed, suc h fine sha ll be reco vered as
governme nt dues.
77. Privileges:
(1) There shall be full freedom of speech in a ny m eeting of
the Constituent Assembly; a nd no member sha ll be ar reste d, deta ine d or
prosecuted in a ny court for anything e xpressed or a ny vote cast in such
meeting.
(2) E very mee ting of the Constitue nt Assembly shall ha ve full power
to re gulate its interna l business, and it shall be the exclusive right of the

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meeting c oncerne d to dec ide whether or not any of i
ts proceedings is
regular or irre gular. No question sha ll be raised i n any court in this respect.
(3) No comme nt sha ll be ma de about the good faith c onc erning a ny
procee ding of the Constitue nt Assembly, and no publ ica tion a nd
broa dcasting of any kind shall be made about any th ing e xpre ssed by a ny
member, whic h intentionally distorts or misinterpre ts the meaning of the
speech.
(4) No procee dings shall be initiate d in any court a gainst a ny person
in respect of the publication under the authority o f the Constitue nt
Assembly of any doc ume nt, report, vote or proceedin g.
Explanation:
For the purposes of Clauses (1), (2), (3) and (4) , the
expression “mee ting of the Constitue nt Assembly” sh all inc lude the
Constituent Assem bly and any of its comm ittees.
(5) No member of the, Constituent Assem bly sha ll be arrested during
the term of the Constitue nt Assembly.
Provide d that, nothing in this Clause sha ll be deem e d to pre vent the
arrest under a ny law of a ny member on a c rim ina l c h arge. If any mem ber is
so arre ste d, the a uthority making suc h arrest shall forthw ith give
information thereof to the person presiding o ver th e Constitue nt Assembly.
(6) A violation of any matter conta ined in this Art ic le sha ll be a
breach of the privile ges of the Constituent Assem bl y; and a ny breach of the
privile ges of the Constituent Assem bly shall be dee med to constitute
contempt of the Constituent Assembly. The Constitue nt Assembly shall
have the e xclusive power to decide whether a ny brea ch of privile ge has
take n place.
(7) If any person is in contempt of the Constitue nt Assembly, the
person pre siding over the mee ting ma y, a fte r a dec i sion by the meeting to

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tha t effect, admonish, warn or im pose a sentence of
imprisonment for a
term not excee ding three m onths or of a fine not e x ceeding ten thousa nd
rupees on suc h person. If suc h person fa ils to pay such fine, it shall be
recovere d as government due s.
Provide d that, if suc h person subm its an a pology-‘ to the sa tisfaction
of the Constituent Assembly, it may e ither pardon h im or her or remit or
commute the sente nce im posed on him or her.
(8) Other ma tters rela ting to privileges not mentio ned in this
Constitution shall be suc h as may be de termined by law.
78. Procedure s relating to con duct of business:
The Constitue nt Assembly
sha ll, subject to this Constitution, frame Rule s fo r c onduc ting its busine ss,
ma inta ining order during its meetings and re gulatin g the constitution,
func tions and procedure s of the comm ittee s
-or a ny other ma tters. Until such
Rule s are framed, the Constituent Assembly sha ll se t its own Rules of
procedure.
79. Committees:
The Constituent Assembly sha ll ha ve c ommittees and sub-
committee s in the required num ber as provided in la w. Support of e xperts
may be ava ile d, as required.
80. Sec retariat of Constituent Assem bly:
(1) There shall be a Secre tariat for
the mana geme nt of the business of the Constituent A ssem bly. The
esta blishment of the Secretaria t and other ma tters re late d there to sha ll be as
determine d by law.
(2) The Government of Nepa l shall provide suc h empl oyees as
required for the c onduct of the business of the Con stituent Assembly.
81. Remuneration:
The rem unera tion and facilitie s of the Chairperson, Vice-
cha irperson, members, and c ha irpersons of the c ommi ttees, of the
Constituent Assembly shall be as provide d by law, a nd until so pro vided,

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sha ll be as determ ined by the Go vernment of Nepal.
82. Dissolution of Constituent Assembly:
The business of the Constitue nt
Assembly sha ll e nd on he da y of the c ommencement of the c onstitution
passed by the Constituent Assembly.
Provide d that, until the e lection to the legisla tur e- parliament as se t forth in
the c onstitution pa sse d by the Constitue nt Assembly is he ld, the busine ss
and proceedings of the legisla ture-parliame nt shall be as set forth in the
constitution pa sse d by that Assembly.
83. To act in capacity of Legislature-Parliament:
(1) Notwithstanding
anything conta ined e lsew here in this Part, the Cons tituent Assembly sha ll,
during the e xiste nce of its term, also perform the busine ss of the
Legislature-Parliame nt; and the Constituent Assembl y may constitute a
separate c ommittee for the disc harge of necessary r e gular legislative
business.
(2) The Chairperson and the Vice-c hairperson of the Constitue nt
Assembly sha ll be the Spea ker and the Deputy Spea ke r of the Le gislature-
Parliament, respec tive ly.
(3) The secretariat of the Constituent Assem bly and its employees
sha ll be the secretariat a nd employees of the Legis lature-Parliame nt.
(4) In disc harging the business by the Constitue nt Assem bly in the
capacity of the Legislature-Parliame nt, the provisi ons set forth in Part 8
sha ll, mutatis mutandis , apply to the Constituent Assem bly.

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PAR T 8
LEGISLATIVE PROCEDURE

84. Introduction of Bills:
(1) Any member of the Legisla ture-Parlia ment may
introduce a Bill in the House.
Explanation:
For the purpose s of this Part, the e xpre ssion “Hous e ” shall
mean the House of the Le gisla ture-Parliament and “m ember” means a ny
member of the Le gisla ture-Parliament.
(2) A Mone y Bill a nd a Bill concerning the Nepa l A rm y, Armed
Police Force, Nepa l P olice as well as security body sha ll be introduced only
as a Go vernme nt Bill.
(3) The expression “Money Bill” shall mea n a Bill c oncerning any or
a ll of the following subjects:
(a) the imposition, c ollection, abolition, rem issio n, alteration
or re gulation of taxes;
(b) the pre servation of the Consolida ted Fund or an y other
Governme nt Fund, the deposit of mone ys into a nd the
appropriation or the w ithdrawal of moneys from such
Funds, or the reduc tion, increme nt or cance llation of
appropriations or of propose d e xpe nditures from suc h
Funds;
(c) the regulation of matters relating to the borro w ing of
money or the giving of guara ntee by the Go vernment of
Nepal, or any ma tter perta ining to the amendme nt of the
law with re spect to any financia l obliga tions under ta ken or
to be undertake n by the Governme nt of Nepa l;
(d) the c ustody and investment of a ll re venues rece ived by

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any Go vernment Fund, m one ys acquired through the
repayme nt of loans, and grant mone ys; or audits of
the
accounts of the Go vernment of Nepal; or
(e) matters directly re late d to any of the subjec ts spec ified in
Clauses (a) to (d).
Provide d that, any Bill shall not be deeme d to be a Money
Bill by the rea son only tha t it pro vide s for the le vying of
any charges and fees such as lice nse fee, applicati on fee,
renewa l fee or for the imposition of fines or pena l ty of
imprisonme nt or for the le vying of a ny taxe s, charg es or
fee s by any local authority.
(4) If a ny que stion arise s whether a Bill is a Mon ey Bill or not,
the dec ision of the Speaker of the Le gislature-Parl iame nt thereon shall be
fina l.
85. Procedure for passage of Bills:
(1) Any member intending to introduce a
Bill in the House sha ll give a notice there of to th e Secre tary Genera l or the
Secretary a t least se ven days prior to the introduc tion of suc h Bill.
Provide d that, an adva nce notice of five da ys sha ll suffice in the case
of a
Governme nt Bill. (2) A copy of the Bill shall be ma de a va ilable to e very member two
days in advance of the day for the prese nta tion of the Bill.
(3) The member introducing the Bill may mo ve a moti on in the
House tha t the Bill be taken into considera tion.
(4) If the motion referre d to in Cla use (3) is carr ied, the Bill shall be
discusse d c lause by c lause in the House or the conc e rne d comm ittee.

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(5) After the conc lusion of the Clause by c lause di
sc ussion in the
House or a fter the conc lusion of discussion on the report of the committee
where the c lause by c lause discussion ha s been he ld in the c omm ittee, the
member introduc ing the Bill sha ll move a motion tha t the Bill be passe d.
(6) If the motion m oved pursuant to Clause (5) is acce pte d by a
simple ma jority of the total num ber of members of t he House, the Bill shall
be deemed to have been passed.
86 Withdrawal of Bills:
The mem ber introduc ing a Bill may, w ith the lea ve
of the House, withdraw the Bill.
87. Authentication of Bills:
A Bill pa ssed by the House sha ll become an Act
after it is a uthenticated by the President.
55
Provide d tha t, such Bill shall be authe nticated by the Spea ker until the
President is e lec ted and assumes his or her dutie s. 56
88. Ordinance:
(1) If at any time, except when the se ssion or meet ing of the
Legislature-Parliame nt is not in recess, the Presid e nt
57 is satisfied tha t it is
necessary to take imme dia te action, the Pre sident m ay, on the
recommendation of the Counc il of Ministers ,58 promulgate a ny Ordinance
as required without prejudice to the pro visions se t forth in this Constitution.
(2) Any Ordinance promulgate d under Clause (1) shal l ha ve the
same force and e ffect as an Act.
Provide d that, every such Ordinance:
(a) sha ll be la id be fore the mee ting of the Le gisla ture-Parliame nt
held a fter the promulgation, and if not passed by s uch
meeting, it sha ll ipso facto cease to be e ffective;
55 Amended by the Fou rth Amendment. 56 Inserted by the Fou rth Amend ment. 57 Amended by the Fou rth Amendment. 58 Amended by the Fou rth Amendment.

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(b) may be repealed a t any time by the Pre sident; 59and
(c) sha ll, unless rendered ine ffective or repea led under Sub-
c lause (a) or (b), ipso fac to cease to ha ve e ffect at the
expiration of sixty days from the holding of the me eting of
the Legislature-Parliame nt.
PAR T 9
FINANCIAL PROCEDURE

89. No tax to be levied or l oan to be raised excep t in accordance with law:

(1) No tax sha ll be le vie d and c ollecte d except in acc ordance w ith law.
(2) No loa n shall be raised and guarantee given by the Go ve rnme nt
of Nepa l exce pt in acc ordance w ith law.
90. Consolidated Fund:
Except for the re venues of re ligious endowments
( Guthi ), all re venues rece ive d by the Government of Nepa l , a ll loans raised
on the security of re venues, all moneys rece ived in repayment of any loa ns
made under the a uthority of any Ac t and any other m oneys received by the
Governme nt of Nepa l sha ll be credite d to a Governme nt Fund to be known
as the Consolidated Fund.
Provide d that the re venues of a ny religious endowme nts (Guthi ) other than
any private re ligious e ndowments ( Guthi) sha ll be re gulate d by a law made
there on.
91. Expen ditures from Gove rnment Fun d or a c onsoli date d fun d:
No
expe nditure shall be incurre d out of the Consolida t ed Fund or a ny other
Governme nt Fund except the follow ing:
(a) moneys charge d on the Consolidated Fund;
(b) moneys required to meet the e xpenditure under an Appropria tion
59 Amended by the Fou rth amendment.

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Act;
(c) adva nce moneys authorized by a n Act require d t o meet e xpe nditures,
when an Appropriation Bill, is under consideration; or
(d) expe nditures to be incurred in extraordinary c irc um sta nces under a
Vote of Credit Ac t which c onta ins only a descriptio n of
expe nditures.
Provide d that, matters relating to the Contingenc y Fund shall be
governe d by Artic le 98.
92. Expen ditures chargeable on Con solidate d Fund:
The expenditures
relating to the following matte rs sha ll be c harge d on the Consolida ted
Fund:
(a)
60 the amount re quired as rem uneration and fac ilitie s of the Preside nt
and the Vice-preside nt;
(a1)
61 the amount re quired a s remuneration, fac ilitie s an d pe nsion paya ble
to the Chie f Justice a nd other Judges of the Supre m e Court;
(b) the amount re quired as rem unera tion and facilit ie s pa ya ble to the
following offic ia ls:
(1) the Speaker and the Deputy Speaker of the Le gis lature-
Parliament;
(2) the Cha irperson and the Vice-c ha irperson of the Constitue nt
Assembly;
(3) the Chie f Com missioner and Commissioners of the
Commission for the Inve stigation of Abuse of Author ity;
60 Amended by the Fou rth Amendment.
61 Inserted by the Fou rth Amend ment.

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(4) the Auditor Ge neral;
(5) the Chairperson and Members of the Public Servi
ce
Commission;
(6) the Chie f Elec tion Comm issioner and Elec tion Commissioners; and
(7) the Cha irperson and Members of the Nationa l Hum a n Rights
Commission.
(c) the a dm inistrative expenses of the Supreme Cour t, the Comm ission
for the Investigation of Abuse of Authority, the Au ditor General, the
Public Ser vice Commission, the Elec tion Comm ission and the
Nationa l Huma n Rights Commission;
(d) a ll charge s re lating to de bts for which the Gov ernment of Nepa l is
liable;
(e) any sum re quired to satisfy a ny judgment or dec ree made by a court
a ga inst the Go vernment of Nepa l; and
(f) any other sum dec lare d by law to be chargeable on the Consolida ted
Fund.
93. Estimates of revenues and expen ditu re s:
(1) The Minister for Fina nce
sha ll, in respect of e very fina ncia l year, present before the Le gislature-
Parliament an annua l estima te se tting out the follo wing ma tters:
(a) an estimate of reve nue s;
(b) the moneys re quired to mee t the c harges on the Consolida ted
Fund; a nd
(c) the moneys re quired to meet the e xpenditure to be pro vided
for by a n Appropriation Ac t.

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(2) The annua l estimate to be la id pursuant to cla
use (1) sha ll a lso
be accompanied by a statement of the expenses a lloc ate d to e very Ministry
in the pre vious financia l year and partic ulars of w hether the objectives of
the expe nse s ha ve been achie ve d.
94. Appropriation Act:
The m one ys re quired to mee t the e xpe nditure to be
pro vided for by any Appropria tion Act shall be spec ified under appropriate
heads in an Appropria tion Bill.
95. Supplementary estimates:
(1) The Minister for Finance sha ll prese nt
before the Le gislature-Parliame nt a suppleme ntary e stimate if it is found in
any fina nc ial year,-
(a) tha t the sum authorize d to be spent for a parti cular ser vice by
the Appropria tion Act for the current financia l yea r is
insuffic ient, or that a need ha s arisen for e xpe ndi ture s upon
some new service not provided for by the Appropriat ion Act
for tha t year; or
(b) tha t the expenditure s made during that fina ncia l year are in
excess of the amount authorized by the Appropriatio n Act.
(2) The sums inc luded in the supplementary estimat es shall be
spec ifie d under the heads in a Supplementary Approp ria tion Bill.
96. Vote s on acc ount:
(1) Notwithsta nding anything c onta ine d in this Part , a
portion of the expenditure e stimate d for the financ ial year may, when an
Appropria tion Bill is under c onsideration, be incur re d in ad vance by an
Act.
(2) A Vote on Account Bill shall not be introduced until the
estimate s of re venues a nd expe nditures ha ve been pr ese nte d in accordance
with the provisions of Artic le 93, and the sum s inv olve d in the Vote on

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Account shall not exceed one-third of the e stima te
of expenditures for the
fina ncia l year.
(3) The expenditures incurre d in accorda nce w ith t he Vote on
Account Ac t shall be inc lude d in the Appropriation Bill.
96A.
62 Special provision relating to reve nues an d e xpendi tures:
(1)Notw ithsta nding a nything conta ine d elsewhere in this Part, if there arises
a specia l c ircumstance where an estimate of revenue s and expenditures for
the forthcoming fina nc ial year cannot be la id befor e the Le gislature-
Parliament by the end of the curre nt financia l year , re ve nue s may be
collecte d in accordance w ith the Financ ia l Act of t he curre nt financ ia l year.
(2) If there arises a c ircumsta nce re ferred to in C la use (1), the
Minister for Finance may, setting out the reasons t here for, present before
the Le gisla ture-Parliament a Bill a uthoriz ing to sp e nd in the forthc oming
fina ncia l year an amount not e xcee ding one-third of the tota l expenditures
of the c urrent financia l year.
(3) The expenditures made pursuant to cla use (2) sh a ll be included in
the Appropria tion Bill.
(4) Notwithstanding anything conta ined elsewhere i n this
Constitution, a Bill prese nte d be fore the Legislatu re-Parliame nt pursuant to
c lause (2) may be disc ussed a nd passed on the sa me da y on w hic h it is
introduced.
97. Vote s of c redit:
Notwithsta nding a nything conta ine d e lsewhere in thi s Part,
if owing to a loca l or na tional emergenc y due to e i ther natura l ca use s or a
threa t of e xterna l aggression or internal disturban ces or other reasons, it’
appears to be imprac tica l or inexpedient in view of the security or intere st
62 Inserted by the Fi fth Amendment.

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of the State to specify the details re quired under
Article 93, the Minister for
Fina nce ma y lay be fore the Le gislature-Parliament a Vote of Credit Bill
giving only a stateme nt of expenditures.
98. Contingency Fund:
An Act ma y crea te a Fund to be known as the
Contingency Fund into which shall be pa id from time to time suc h m one ys
as may be de term ined by the Act. The Fund sha ll be under the control of
the Go vernme nt of Nepa l. Any unfore seen e xpe nditure ma y be met out of
suc h Fund by the Go vernme nt of Nepa l. The amount of the expenditure s so
met sha ll be re imbursed as soon as possible by an A c t.
99. Act relating to financial procedu re s:
Matters re lating to the transfer of
moneys a ppropria ted by the Act from one head to ano the r and other
fina ncia l procedures sha ll be governed by an Act.

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PART 10
JUDICIARY

100. Courts to exe rcise po wers relating to Ju stice :
(1) Powers re lating to
justice in Nepal sha ll be exerc ised by courts and o ther judic ial bodies in
accorda nce w ith the pro visions of this Constitution , other laws a nd the
recognized principles of justice.
(2) The Judiciary of Nepa l shall re ma in committed t o this
Constitution by pursuing the conce pts, norms and va lue s of the indepe nde nt
judic iary a nd realizing the spirit of democrac y and the pe ople’s movement
101. Courts
: (1) There shall be the follow ing Courts in Nepal:
(a) Supreme Court;
(b) Appellate Court; a nd
(C) District Court.
(2) In addition to the Courts re ferred to in Claus e (1), any other
courts, judicia l bodie s or tribunals ma y be esta bli shed and constituted by
law for the purpose of trying and disposing case s o f spec ial types a nd
nature.
Provide d that no court, judic ia l body or tribuna l s ha ll be c onstituted
for the purpose of trying and disposing any particu lar case.
102. Supreme Cou rt:
(1) The Supreme Court sha ll be the highest court in the
judic ia l hierarc hy.
(2) All courts and judic ial bodies of Nepa l, other than the
Constituent Assembly Court, sha ll be under the Supr eme Court. The
Supreme Court may inspec t, supervise a nd give neces sary direc tives to its
subordinate courts and judic ial bodies.

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(3) The Supreme Court sha ll be a court of record. i
t may initiate
procee dings and impose punishme nt in accordance wit h law for contem pt
of itself and of its subordinate c ourts or judic ia l bodies.
(4) The Supreme Court sha ll ha ve the fina l authorit y to interpret this
Constitution and the laws in force, other than on a ny matter falling under
the jurisdic tion of the Constitue nt Assembly Court.
(5) The Supreme Court sha ll c onsist of the Chie f Ju stice and of
not more than fourteen other Judge s. If, at any tim e, the number of existing
Judges bec omes insuffic ient by the rea son of a n inc rease in the num ber of
cases in the Supreme Court, ad hoc Judges may be a ppointe d for a fixed
term.
103. Appointment an d qualification of Judges of th e Su preme Court
: (1)
The Pre sident
63 sha ll, on the recommendation of the Constitutiona l
Counc il, appoint the Chief Justice of the Supre me C ourt, a nd the Chief
Justice sha ll, on the recommendation of the Judic ia l Counc il, a ppoint other
Judges of the Supreme Court. The tenure of office o f the Chie f Justice
sha ll, subject to Sub-clause (b) of Cla use (1) of A rtic le 105, be six years
from the date of appointment.
(2) Any person who has worked as a Judge of the S upreme Court
for at least three years shall be e ligible for appo intment as the Chief Justice
of the Supreme Court.
(3) A person who ha s worked as a Judge of an Appe ll ate Court or in
any equiva lent office of the Judicia l Service for s e ven years or ha s worked
in the post of Gazette d First Class or a higher pos t of the Judic ia l Ser vice
for at least twe lve years or has practiced law for at least fiftee n years as a
law gradua te advoca te or senior a dvocate or who is a distinguished jurist
63 Amended by the Fou rth Amendment.

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having worke d for at least fifteen years in the jud
ic ia l or le gal field shall
only be eligib le for appointment as a Judge of the Supreme Court.
(4) If the office of the Chief Justice bec omes vaca nt or the Chief
Justice is unable to carry out the duties of his or her office by reason of
illne ss or otherwise or he or she ca nnot be pre se nt in the Supreme Court by
reason of a lea ve of a bse nce or his or her be ing ou tside of Nepal, the senior
most Judge of the Supreme Court shall ac t as the Ac ting Chief Justice.
(5) The Chief Justice or any other Judge of the Sup reme Court shall
hold office until a ttain he/she the a ge of sixty-fi ve years.
104. Conditions of se rvice and facilities of Chief Justice and Ju dge:
(1) The
Chie f Justice, and permanent Judge s of the Supreme Court, who ha ve
serve d for at lea st five years, shall, on re tireme n t, be entitle d to such
pension as may be pro vided for in the law.
(2) Sa ve a s otherwise pro vided in this Constitution , the
remuneration, lea ve, a llowance s, pension and other conditions of service of
the Chief Justice and Judge s of the Supreme Court s hall be pro vided by
law.
(3) Notwithstanding anything c ontained in Cla uses ( 1) and (2), the
Chie f Justice or any Judge of the Supreme Court who ha s been remo ved
from office by way of impeachment sha ll not be enti tled to gratuity or
pension.
(4) The remunera tion, facilities or other c ondition s of ser vice of the
Chie f Justice or a Judge of the Supreme Court sha ll not be a ltere d to their
disadvanta ge.
105. Chief Justice an d Ju dge of Su preme Court to b e relieved of office:
(1)
The Chief Justice or any other Judge of the Suprem e Court shall be
relie ved of his or her office in a ny of the followi ng c irc umstances:

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(a) if the Chie f Justice tenders resignation in wri
ting before the
President
64 and the Judge te nders resignation in writing
before the Chie f Justice;
(b) if he or she atta ins the age of sixty-five year s;
(c) if a motion of impeac hme nt is passed by the Le g islature-
Parliament; or
(d) If he or she die s.
(2) A m otion of impeac hment aga inst the Chie f Justi ce or a ny
other Judge ma y be m oved in the Legisla ture Parliam ent on the grounds of
his or her inc ompetence, m isbeha vior or failure to discharge the dutie s of
his or her office in good fa ith or his or her inabi lity to disc harge his or her
dutie s beca use of physica l or menta l reason; a nd if the motion is passed by
a two-thirds majority of the total number of the th en members, he or she
sha ll ipso facto be re lie ved of his or her office.
Provide d that, the Chief Justice or the Judge be ing so charged shall
not be deprive d of an opportunity to de fend him/her self.
(3) The Chie f Justice or the Judge aga inst whom imp ea chme nt
procee dings are be ing initia ted pursuant to Clause (2) sha ll not perform the
dutie s of his or her dutie s until the proceedings a re c omple ted.
106. Chief Justice an d Ju dge not to be engage d in any othe r assignment :

(1) No Chief Justice or Judge of the Supreme Court sha ll be enga ge d in or
depute d to any assignme nt other tha n that of Judge.
Provide d that the Government of Nepa l may, in consu lta tion with the
Judic ia l Counc il, de pute the Chie f Justice or any J udge of the Supreme
Court to work concerning judic ia l inquiry, or to le ga l or judic ial
64 Amended by the Fou rth Amendment.

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investigation or researc h, or to any other work of
na tiona l c oncern, for a
spec ifie d period.
(2) No person who has once held the office of Chie f Justice or a
Judge of the Supreme Court sha ll be eligible for a p pointme nt to a ny
governme nt office other tha n the office a s re ferred to in Sub-clause (a) of
Clause (1) of Article 131 nor sha ll such person be entitle d to practice law
before a ny office or c ourt.
107. Jurisdiction of the Supreme Cou rt:
(1) Any c itizen of Nepal may file a
petition in the Supreme Court to ha ve any law or an y part thereof declared
void on the ground of inconsiste ncy w ith this Const itution beca use it
impose s a n unrea sonable re striction on the e njoyme n t of the fundamental
rights c onferre d by this Constitution or on a ny oth e r ground; and the
Supreme Court shall ha ve extra-ordinary power to de c lare that law to be
void either ab initio or from the da te of its dec ision if it appears that the law

in question is inc onsistent w ith this Constitution.
(2) The Supreme Court sha ll, for the e nforcement of the fundamental
rights conferred by this Constitution or for the en forceme nt of any other
lega l right for which no other remedy ha s been prov ided or for whic h the
remedy eve n though pro vided appears to be inade quat e or ine ffective or for
the settlement of any c onstitutional or le gal quest ion involve d in a ny
dispute of public interest or concern, ha ve the e xt ra ordinary power to issue
necessary and appropriate orders to e nforce suc h ri ght or se ttle such
dispute. For these purpose s, the Supreme Court may, with a view to
imparting full justice and pro viding the appropriat e reme dy, issue
appropriate orders a nd writs inc luding the writs of habeas corpus,
mandamus, ce rtiorari, prohi bition and quo warranto .
Provide d that, except on the ground of absence of j urisdiction, the
Supreme Court shall not under this Clause interfere w ith any proceedings

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and dec isions of the Le gislature-Parliament concern
ing violation of its
privile ges and pe nalties imposed there for.
(3) The Supreme Court sha ll ha ve jurisdiction a s pr escribe d by law
to try origina l case s, to hear appea l re ference s, t o re vise case s or hear
petitions.
(4) The Supreme Court may review its own judgme nts or final
orders subject to such c onditions and in such circu m sta nce s as ma y be,
prescribed by law. Judge s other than those ha ving h a nde d down the
pre vious judgment shall ma ke such re view.
(5) Other powers and proce dures of the Supreme Cour t shall be as
prescribed by law.
108. Establishment, management and ju risdiction of Appellate Courts and
District Courts: The e sta blishment and mana geme nt of the Appellate
Courts, Distric t Courts and other courts a nd judici a l bodies subordinate to
the Supreme Court shall be determine d by law subjec t to this Constitution.
109. Appointment, qualification, conditions of se rv ice an d facilities
of:Jud.e s of A ellate Courts and District Cou rts: (1) The Chief Justice
sha ll, on the recomm endation of the Judicia l Counci l, a ppoint any Chief
Judge and Judges of the Appe llate Courts and any Ju dge s of the D istrict
Courts.
(2) Any c itize n of Nepa l who ha s a Bache lor’s De gr ee in law and
has worke d a s a Judge of a District Court or in the post of Gaze tted First
Class of the Judic ial Ser vice for at lea st se ve n ye ars or has prac tice d law for
at least ten years as a law graduate ad voca te or se nior advoca te or w ho has
taught law or done research thereon or worked in a n y other field of law or
justice for at least ten years sha ll be c onsidered e ligible for appointment as
the Chie f Judge or a Judge of a n Appe llate Court.

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(3) Any citizen of Nepa l who has a Bache lor’s De gre
e in law a nd has
worked in the post of Gaze tted Second Class of the Judic ial Ser vice for at
least three years or has practiced law for a t least e ight years as a law
graduate a dvocate sha ll be considered eligible for appointment as a D istrict
Judge.
(4) In appointing a law gra dua te advoca te a s a D ist rict Judge
pursua nt to Clause (3), a person who has pa sse d the written and oral
examination c onduc te d by the Judicia l Counc il sha ll be so a ppointe d. The
method of such e xam ina tion and other procedures sha ll be as determined by
law.
(5) The Judic ia l Council sha ll, taking into acc ount , i nte r alia , his or
her qua lification, compe tenc y, experience, dedicati on and c ontribution to
justice, re putation gained in public life and high mora l c haracter,
recommend a ny person who is qua lified under this Ar ticle for appointme nt
to the office of Judge of the Appellate Court and t he Distric t Court.
(6) Unless the subjec t or the context otherwise req uire s, the
expression “Judge ” a s mentione d in this Article and ensuing Article s shall
inc lude an Additiona l Judge.
(7) The remuneration, allowance s, pension, lea ve, g ratuities a nd
other facilities and other conditions of ser vice of the Chief Judges and other
Judges of the Appella te Courts or the Judges of Dis tric t Courts shall be as
determine d by law.
(8) The remune ration, fac ilities and conditions of service of the
Chie f Judge s and Judge s of the Appe llate Courts and the Judges of D istrict
Courts sha ll not be a ltered to the ir disa dva nta ge.
(9) Notwithsta nding a nything conta ine d in Clause (7 ), any Judge of
an Appellate Court or of a District Court who ha s b ee n remove d from

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office pursua nt to Sub-c la use (c) of Cla use (10) sh
a ll not be e ntitled to
gratuity and pe nsion.
(10) A Judge of an Appellate Court or of a Distric t Court shall be
relie ved of his or her office in a ny of the followi ng c irc umstances:
(a) if he or she tenders resigna tion in writing bef ore the Chief
Justice;
(b) if he or she atta ins the age of sixty-three yea rs;
(c) if, by virtue of a dec ision of the Judic ia l Cou nc il to remove
him or her from office on the grounds of incompe ten ce,
misbeha vior or fa ilure to disc harge the duties of h is or her
office in good fa ith or his or he r inability to dis c harge his or
her duties because of physical or mental rea son or his or her
deviation from justice, he or she is rem ove d by the Chief
Justice from his or her office ;
A Judge of an Appe llate Court or of a D istrict Cour t who is
fac ing a c hange pursuant to this Sub-cla use sha ll b e given a
reasonable opportunity to defe nd himself or herse lf , a nd for
this purpose, the Judicia l Council ma y form a c ommi ttee of
inquiry for the purpose s of rec ording the stateme nt s of the
Judge, c ollec ting evidence and submitting a report
accompanie d by its findings. The Rules of procedure of the
committee sha ll be as de term ine d by law.
(d) if he or she die s.
(11) The Judge of a n Appe llate Court or of a D istr ict Court a ga inst
whom the procee dings are be ing initiate d pursua nt t o Sub-c la use (c) of
c lause (10) shall not perform the dutie s of his or her office until the
procee dings are completed.

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110. Judge of Appellate Cou rt an d District Cou rt no
t to be transferred to
or engage d in any othe r assignments : (1) No Judge shall be
transferred to or engaged in or de puted to any offi ce other than tha t of
Judge.
Provide d that, the Go vernment of Nepa l may, in c ons ulta tion w ith
the Judicia l Council, de pute a ny Judge of the Appe l la te Court and of the
District Court to work concerning judic ia l inquiry, or to lega l or judic ial
investigation or researc h, or to any other work of na tiona l c oncern, for a
spec ifie d period. In the case of the Judge s of the Appellate Courts or the
District Courts, the Chie f Justice may, in consulta tion w ith the Judic ial
Counc il, de pute them to the afore sa id work, inc ludi ng work re la ting to
e lections.
(2) The Chie f Justice may, on the rec ommenda tion of the Judic ial
Counc il transfer a Judge of an Appe llate or of a D i strict Court from one
court to anothe r.
(3) Taking into considera tion, inter alia, the case-loa d and ma tters of
dispute to be settled judicia lly, the Chie f Justice may depute a Judge of a
Court to ac t as a Judge of another Court of the sam e le vel for a certa in
period of time.
(4) The Supreme Court ma y, as provided for in law, authorise a
Judge in a ny area to issue, through electronic or o ther media, a preliminary
or interim order in the course of proceedings of a case pe nding in a nother
Court of the same level situated in a geographica ll y nearby area.
111. Transfe r of c ase s:
If the Supreme Court is sa tisfie d with the reason t hat
there e xists a situation where justice ca n be a dver sely a ffected if a ca se
file d in a Court is trie d by that Court, the Suprem e Court may order suc h
case to be tried by another Court of the same leve l .

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112. Responsi bility of Chief Justice: The Chie f Justice sha ll ha ve the final
responsibility to make e ffective the administration of justice of the c ountry;
and to tha t end, he or she may, subjec t to this Con stitution and other laws,
give necessary directive s to the Supre me Court and subordinate Courts.
113. Judicial Council:
There shall be a Judicia l Counc il to make
recommendation or give a dvice, in accordance with t his Constitution, on
the a ppointme nt of, transfer of, disc iplinary actio n a gainst, and dismissal of,
Judges, and other matters relating to the administr ation of justice, which
sha ll consist of the follow ing a s its cha irperson a nd mem bers:
(a) The Chief Justice – Cha irperson
(b) The Minister for Justice – Member
(c) Senior most Judge of the Supreme Court – Member
(d)
65 One jurist nom inated by the President on the recom mendation of the Prime
Minister – Member
(e) A se nior advoca te or a n advoca te who has ga ined a t least twe nty years of
experience, to be appointed by the Chief
Justice on the recommendation of the
Nepal Bar Assoc ia tion – Member
Explanation: For the purpose of this Part, the expression
“Minister” sha ll inc lude a M inister of State with i nde pe nde nt
portfolio.
65 Amended by the Fi fth Amend ment.

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(2) The term of office of the members as referred
to in Sub-
c lauses (d) and (e) of Cla use (1) shall be four yea rs, and the ir remuneration
and fac ilities shall be equiva lent to those of a Ju dge of the Supreme Court.
(3) The members as re ferre d to in Sub-cla use s (d) a nd (e) of
c lause (1) ma y be remo ve d from office in like manne r and on the like
grounds as a Judge of the Supreme Court.
(4) The cha irperson and a member of the Judic ial C ounc il may
obta in and study the documents and file s assoc iate d with a ny compla int
file d a gainst any Judge, and give information ther e of to the Judic ial
Counc il.
(5) If a pre liminary inquiry of a com pla int filed a gainst a ny Judge
reveals a need to ha ve a de ta iled inquiry by a n e xp ert, the Judicia l Council
may form an inquiry c ommittee.
(6) Other func tions, duties and powers of the Judic ia l Council
sha ll be as determ ined by law.
114. Judicial Se rvice Commission:
(1) In appointing, tra nsferring or promoting
gazetted officers of the Judic ial Ser vice or taking departmental ac tion
concerning suc h officers in accordance w ith law, th e Government of Nepal
sha ll ac t on the rec ommendation of the Judic ia l Ser vice Comm ission.
Provide d that, the Go vernment of Nepa l sha ll act sh a ll act on the
recommendation of the public service comm ission for the purpose
of permane nt recruitme nt to the gazetted posts of t he Judic ial
Ser vice from a persons who are not a lready in the G o vernment
Ser vice or from person being prom ote d from non-gaza tte d to
gazetted post within the judicia l ser vice.
(2) The Judic ial Service Comm ission sha ll consist o f the
following a s its chairperson a nd members:

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(a) The Chie f Justice
-Chairperson
(b) The Minister for Justice – Member
(c) The se nior most Judge of – Member the Supreme Court
(d) The Cha irperson of the
Public Ser vice Comm ission – Member
(e) The Attorney Genera l – Member
(3) Other func tions, duties, powers a nd procedures of the Judic ial
Ser vice Comm ission sha ll be a s determ ined by law.
115. Duty to exten d c oope ration to the Courts:
It shall be the duty of the
Governme nt of Nepa l a nd a ll offices or offic ials su bordinate to it to act in
a id of the Supreme Court and other Courts in carryi ng out the functions of
dispe nsing justice.
116. Orders an d decisions of Courts to be binding:
(1) All shall abide by the
orders and decisions ma de in the course of hearing a lawsuit a by the
Courts.
(2) Any interpretation given to a law or a ny le ga l princ iple laid down
by the Supreme Court in the course of hearing a law suit sha ll be binding on
the Go vernme nt of Nepa l and a ll offices a nd c ourts.
117. Annual re port:
(1) The Supre me Court sha ll, e very year, submit a n a nnual
report to the Pre side nt;
66 and the President 67 sha ll arrange to submit such
report to the Le gislature-Parliament through the Pr ime Minister.
68
66 Amended by the Fou rth Amendment. 67 Amended by the Fou rth Amendment. 68 Amended by the Fou rth Amendment.

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(2) The annua l report to be submitted pursua nt to c
lause (1) shall
set out, inter alia , the follow ing de tails:
(a) The num ber of cases filed in the Supreme Court and
subordinate Courts;
(b) Number of ca ses a lready dispose d of and pending ca s es out of
the cases filed pursua nt to Sub-sec tion (a); and th e reasons for
suc h pe nding;
(c) Details of new prece de nts la id down by the Supreme Court;
(d) Number of cases reviewed by the Supreme Court;
(e) Deta ils of judicia l stricture, if any, made by the Supreme
Court on the matter of c ompetence re garding the dis pensa tion
of justice by a Judge of the subordinate Court;
(f) Details of reco very of pe na ltie s or fine s;
(g) Details re garding the execution of judgments;
(h) Statements of budget a ppropria ted to the Supreme Co urt and
subordinate Courts, a nd of e xpe nditure s.
(3) while subm itting the annua l re port pursuant to Clause (1) the
supreme court sha ll a lso inc lude the deta ils of wor k performed by Judic ial
Counc il and by the Judic ial Ser vice Comm ission.
118. Constituent Assembly Cou rt :
(1) A constitue nt Assembly court shall be
constituted to resolve the compla ints regarding ele c tion of the c onstitue nt
Assembly .
(2) The c omposition, jurisdiction and othe r matte rs of the
Constituent Assembly Court as referre d to in Clause (1) sha ll be as
determine d by law.

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(3) Notw ithstanding anything conta ined e lsewhere in
this
Constitution, no question may be ra ised in any c our t in respec t of a ny
e lection to the members of the Constitue nt Assembly unless a petition is
file d in the Court as re ferre d to in Clause (1) a s prescribed by law.
(4) Notw ithstanding anything conta ined e lsewhere in this
Constitution, no que stion may, after the proce ss of election to the
Constituent Assembly ha s c ommence d, be raised in an y Court in suc h a
manner as to interrupt suc h e lec tion.

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PART 11
COMMISSION FOR THE INVESTIG ATION OF

ABUSE OF AUTHORITY

119. Commission for the Investigation of Abuse of Authoritv:
(1) There shall
be a Commission for the Investigation of Abuse of A uthority of Nepal,
consisting of the Chief Comm issioner a nd such numbe r of other
Commissioners as may be required. If, apart from th e Chie f Commissioner,
any other Commissioner is appointed, the Chie f Comm issioner shall act as
the cha irperson of the Comm ission for the Investiga tion of Abuse of
Authority.
(2) The Pre sident
69 sha ll, on the rec omme nda tion of the
Constitutiona l Council, appoint the Chie f Commissio ner and other
Commissioners.
(3) The term of office of the Chief Comm issioner a n d other
Commissioners shall be six years from the date of a ppointment, subject to
Sub-clause (a) of the proviso to Cla use (7).
Provide d that-
( a) if before the expiry of his or her term, the Chief
Commissioner or a Commissioner a tta ins the age of s ixty-five
years, he or she shall retire.
(b) the Chie f Commissioner or a Commissioner ma y be re m o ved
from his or her office on the sa me grounds and in t he same
manners as has been se t forth for the removal of a judge of
the supreme court.
(4) The office of the Chie f Commissioner or a Comm issioner
69 Amended by the Fou rth Amendment.

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sha ll be deeme d vacant in any of the following c irc
umsta nces:
(a) if he or she tenders resigna tion in writing to the
President;
70
(b) if, pursuant to Clause (3), his or her term expires or he
or she cea ses to hold his or her office; or
(c) if he or she die s.
(5) No person shall be eligible to be appointe d as the Chief
Commissioner or a Commissioner unle ss he or she pos sesses the follow ing
qua lification:
(a) holds a bac he lor’s de gree from a university recogni zed
by the Go vernme nt of Nepa l;
(b) Is not a mem ber of any politica l party imme dia te ly
be fore the appointme nt;
( c ) has a t least twenty years of e xperience in the fie ld of
e ither accounting, re venue, engineering, law,
deve lopment or re search and is a distinguished pers on;
(d) has atta ine d the a ge of forty five years; and
( e ) possess a of high moral character.
(6) The remuneration and other conditions of ser vi ce of the Chief
Commissioner and the Commissioners shall be as dete rmined by law. The
remuneration and other conditions of service of the Chie f Commissioner
and the Comm issioners sha ll not, so long as the y ho ld office, be altered to
the ir disadvantage.
70 Amended by the Fou rth Amendment.

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(7) A person once a ppointed as the Chie f Commission
er or
Commissioner shall not be eligible for a ppointment in a ny other
governme nt service.
Provide d that,
(a) nothing in this Clause sha ll be deemed to be a bar to the
appointme nt of a Comm issioner of the Commission for the
Inve stigation of Abuse of Authority as its Chief
Commissioner, and when a Comm issioner is so appoint ed as
the Chie f Commissioner, his or her term of office s ha ll be so
compute d as to inc lude his or her term as the Commi ssioner.
(b) nothing in this Clause sha ll be deemed to be a bar to the
appointme nt to a ny politica l position or to any pos ition which
has the re sponsibility of ma king inve stigations, in quiries or
findings on a ny subject, or to any position whic h h a s the
responsibility of subm itting advic e, opinion or
recommendation a fter carrying out a study or resear c h on a ny
subject.
120. Functions, duties an d powers of the Commissio n for the Inve stigation
of Abu se of Authority: (1) The Commission for the Inve stigation of
Abuse of Authority may, in accordance w ith law, con duct, or cause to be
conduc ted, inquiries into, and in vestiga tions of, a ny abuse of a uthority
committed, through improper conduct or corruption b y a person holding
any public office.
Provide d that, this Clause shall not apply to any officia l in re lation
to whom this Constitution itse lf se parate ly provide s for suc h action a nd to
any officia l in rela tion to whom any other law prov ides for separate spec ial
pro vision.

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(2) In the case of the officia ls of a Constitutiona
l body who can
be remo ved from office following a m otion of impeac hment on the ground
of m isc onduct, the Judges who can be rem ove d by the Judicia l Council
similar cha nge s a nd the persons who are liable to a ction under the Army
Act, it may conduc t inquiries and investiga tions in accordance with law
after the y ha ve bee n so remo ved from office.
(3) If the Com mission for the In ve stiga tion of Abus e of Authority
finds, upon inquiry and investigation conducte d pur suant to Clause (1), that
a person holding any public office has misused auth ority by c omm itting
any ac t which is define d by law as a n im proper cond uc t, it may admonish
suc h person or write to the c oncerned a uthority for taking de partmental
action or any other nece ssary action a gainst such p erson as pro vided in law.
(4) If the Com mission for the In ve stiga tion of Abu se of Authority
finds, upon inquiry and investigation conducted pur suant to Clause (1), that
a person holding a ny public office ha s c omm itted an act whic h is defined
by law as c orruption, it may file, or cause to be f ile d, a ca se aga inst such
person and any other person in volved in that offe ns e in the competent court
in accorda nce with law.
(5) If, upon inquiry and investigation c onduc ted pu rsuant to
Clause (1), any act or action done or taken by a pe rson holding a ny public
office a ppears to be of such na ture as to be fa llin g under the jurisdiction of
another officia l or body, the Comm ission for the In vestigation of Abuse of
Authority may write to the concerne d offic ia l or bo dy for nece ssary action.
(6) Subject to this Constitution, other functions, duties a nd
powers and Rules of proce dure of the Comm ission for the In vestiga tion of
Abuse of Authority shall be as pro vided by law.

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(7) The Comm ission for the In vestiga tion of Abuse o
f Authority
may de lega te any of its func tions, duties and power s re lating to the inquiry
and investigation or filin g of case s, to the Chie f Commissioner, a
Commissioner or any employee of the Gove rnme nt of N epal to be
exercised a nd c omplie d with subject to the specifie d conditions.
121. Annual re port:
(1) The Comm ission for the Inve stigation of Abuse of
Authority sha ll subm it to the Preside nt
71 an annua l re port on the works it
has performe d in accordance with this Constitution; and the President
72
sha ll arrange to subm it suc h report to the Le gislat ure-Parliament through
the Prime Minister.
73
(2) The annua l report to be submitted pursuant to Cla use (1) shall
set out, inter alia , the compla ints filed in the Commission for the
Inve stigation of Abuse of Authority, the num ber of ca ses filed in the
compe tent court in accordance w ith law after conduc ting inquirie s and
investigations and the num ber of case s of whic h pro ceeding ha s been
term inated, the number of instance s where admonishi ng has been ma de or it
has been written for departmental or any other ac ti on for the commission of
the im proper ac t, achie vements made in the field of pre vention of
corruption and re form s to be made in the future in this re spect.

71 Amended by the Fou rth Amendment. 72 Amended by the Fou rth Amendment. 73 Amended by the Fou rth Amendment.

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PART 12
AUDITOR GENERAL

122. Au ditor General:
(1) There shall be an Auditor-Ge neral of Nepa l.
(2) The President
74 sha ll, on the recomme nda tion of the
Constitutiona l Counc il, appoint the Auditor General .
(3) The term of office of the Auditor Genera l shal l be six years
from the date of appointment, subject to the provis o to Cla use (7).
Provide d that-
( a) if be fore the e xpiry of his or her term, the Audito r
Genera l atta ins the a ge of sixty-five years, he or she
shall re tire .
( b ) the Auditor Ge neral ma y be remo ved from his or her
office on the same ground a nd in the same manner as
has bee n se t forth for the rem oval of Judge of the
Supreme Court.
(4) The office of the Auditor General sha ll be dee med vacant in
any of the following c ircumstances:
(a) if he or she tenders resigna tion writing to th e
President
75;
(b) if, pursuant to Clause (3), his or her term exp ire s or he
or she ceases to hold his or her office; or
(c) if he or she die s.
(5) No person sha ll be e ligible to be appointe d as the Auditor
Genera l unless he or she possesses the follow ing qu a lification:
74 Amended by the Fou rth Amendment. 75 Amended by the Fou rth Amendment.

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(a)
has served in the Spec ia l Cla ss of the Government o f Nepa l or
having at least twenty years of e xperiences in audi t rela ted
work after ha ving obta ined a bachelor’s de gree in
manageme nt, commerce or acc ounts from a university
recognized by the Go vernment of Nepa l or ha ving pa s se d a
chartere d accountanc y exam ina tion;
( b ) Is not a member of a ny politica l party immediate ly before the
appointme nt;
( c ) has atta ine d the a ge of forty five years; and
(e)
possesses high m ora l character.
(6) The remunera tion a nd other conditions of servi ce of the
Auditor Ge neral sha ll be as determ ined by law. The remuneration and other
conditions of service of the Auditor General sha ll not, so long as he or she
holds office, be a ltered to his or her disad vantage .
(7) A person once appointed a s the Auditor Ge nera l sha ll not be
e ligible for appointment in any other government se rvice.
Provide d that, nothing in this Cla use sha ll be deem ed to be a bar to
the appointme nt to any politica l position or to any position whic h has the
responsibility of ma king inve stigations, inquirie s or findings on a ny
subject, or to a ny position whic h has the re sponsib ility of subm itting
advice, opinion or recomme nda tion after carrying ou t a study or re search on
any subjec t.
123. Functions, duties an d powe rs of the Au ditor-G ene ral:
(1) The
accounts of the Supreme Court, the Le gislature-Parl iament, the Constituent
Assembly, the Comm ission for the In vestigation of A buse of Authority,
the Office of the Auditor-Ge nera l, the Public Servi ce Commission, the
Elec tion Commission, the Nationa l Huma n Rights Comm ission, the Office

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of the Attorne y Ge neral a nd other offices of the Co
nstitutiona l Bodie s, the
Nepal Army, the Armed Police or Nepal Police, and a ll other go vernment
offices a nd courts sha ll be a udited by the Auditor- General in such manner
as ma y be determined by law, with due considera tion give n to the
regularity, economy, e ffic iency, effective ness and the propriety thereof.
(2) The Auditor Ge nera l shall be consulte d in the m a tter of
appointme nt of an auditor to carry out the a udit of any corporate body of
which the Go vernme nt of Nepa l owns more than fifty perce nt of the shares
or asse ts. The Auditor Genera l ma y a lso issue nece s sa ry dire ctives setting
forth the princ iples for carrying out the audit of such corporate body.
(3) The Auditor Genera l shall, at all times, ha ve a cce ss to the
doc uments concerning the accounts for the purpose o f carrying out the
func tions stipulate d in c la use (1). It sha ll be the duty of the concerne d c hief
of office to provide a ll suc h docume nts and informa tion as may be
demanded by the Auditor Ge neral or any of his or he r employee s.
(4) The acc ounts to be audite d pursua nt to Clause ( 1) sha ll,
subject to the rele vant laws in force, be maintaine d in such form as may be
prescribed by the Auditor Ge neral.
(5) In addition to the acc ounts of the offices refe rred to in Cla use
(1), the law may a lso require that the accounts of any other office or
institution be a udited by the Auditor General.
124. Annual re port:
(1) The Auditor Genera l shall submit to the Preside nt 76
an annual report on the works the office has performed; and the President 77
sha ll arrange to subm it suc h report to the Le gislat ure Parliament, through
76 Amended by the Fou rth Amendment. 77 Amended by the Fou rth Amendment.

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the Prime Minister. 78
(2) The annua l report to be subm itted pursuant to C la use (1) shall
set out, inter alia, the deta ils of bodies audited by the Auditor Gener al
throughout the year, situation of irregular amounts , attempts made to settle
suc h irregular amounts a nd achie vements ma de on the settlement of
irre gular amounts, and reforms to be made in the fu ture in re spect of audit.
PART 13
PUBLIC SERVICE COMMISSION

125. Public Se rvice Commission:
(1) There sha ll be a P ublic Se rvice
Commission of Nepa l, c onsisting of the Cha irperson a nd such number of
other Members as ma y be required.
(2) The Pre side nt
79 sha ll, on the rec omme nda tion of the
Constitutiona l Counc il, appoint the Chairperson and other Members of the
Public Ser vice Comm ission.
(3) At lea st fifty percent of the tota l number of t he Members of the
Public Service Commission sha ll be a ppointed from a mongst the persons
who ha ve worked for at lea st twenty years in any go vernment service, and
the rest of the Members sha ll be a ppointe d from amo ngst the persons, who
have done researc h, investigation, teac hing or any other significant work in
the fie ld of sc ience, tec hnology, art, literature, law, public a dministration,
soc iology or any other sphere of nationa l life a nd who hold a high
reputation.
(4) The term of office of the Chairperson a nd the Members of the
Public Ser vice Comm ission sha ll be six years from t he date of appointme nt,
subject to Sub-cla use (a) of the pro viso to Clause (8).
78 Amended by the Fou rth Amendment. 79 Amended by the Fou rth Amendment.

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Provide d that-
(a) if, before the expiry of his or her term, the
Cha irperson or a
Member of the P ublic Service Commission attains the a ge of sixty-five
years, he or she shall retire .
(b) the Chairperson or a Member of the Public Ser vice
Commission may be rem oved from his or her office on the same ground
and in the same manner as ha been set forth for the remo val of a Judge of
the Supreme Court.
(5) The office of the Chairperson or a Me mber of th e Public
Ser vice Commission shall be deeme d vacant in any of the follow ing
c ircumstances:
(a) if he or she tenders re signation in writing to the
President;
80
(b) if, pursuant to Clause (4), his or her term expire s or he or
she cea ses to hold his or her office; or
(c) if he or she dies.
(6) No person sha ll be e ligible to be a ppointe d a s the Chairperson
or a Member of the Public Ser vice Comm ission unless he or she possesses
the following qua lification:
(a) holds a Master’s De gree from a unive rsity recognize d by
the Go ve rnme nt of Nepal-,
(b) is not a member of any political party imme dia te be fore
appointme nt;
(c) has attaine d the a ge of forty five years-, a nd
80 Amended by the Fou rth Amendment.

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(d)
posse sse s high mora l character.
(7) The remunera tion a nd other conditions of servic e of the
Cha irperson a nd the Me mbers of the P ublic Service C omm ission sha ll be as
determine d by law. The remuneration a nd other condi tions of service of the
Cha irperson and the Members of the P ublic Service C omm ission sha ll not,
so long as the y hold office, be a ltered to their di sadva nta ge.
(8) A person once appointed a s the Chairperson or a Mem ber of
the Public Service Comm ission sha ll not be e ligible for appointment in a ny
other government ser vice.
Provide d that-
(a) nothing in this Clause sha ll be deemed to be a bar to the
appointme nt of a Member of the P ublic Ser vice Comm i ssion
as its Chairperson, and whe n a Member is so appoint ed as the
Cha irperson, his or her term of office sha ll be so computed as
to include his or her term as the Member.
(b) nothing in this Clause sha ll be deemed to be a bar to the
appointme nt to a ny politica l position or to any pos ition which
has the re sponsibility of ma king inve stigations, in quiries or
findings on a ny subject, or to any position whic h h a s the
responsibility of subm itting advic e, opinion or
recommendation a fter carrying out a study or resear c h on a ny
subject.
126. Functions, duties an d powe rs of Public Servic e Commission:
(1) It
sha ll be the duty of the Public Service Comm ission to conduct
examinations for the selection of suita ble candida t es to be appointed to the
positions in the c ivil service.
Explanation: For the purposes of this Artic le, a ll service s or p ositions in

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the Go vernme nt of Nepa l, other than the ser vices an
d positions of arm y
officers or soldiers and of armed police and police personnel and suc h
other services and positions as are exc lude d by a n Act from the civil
service or positions thereof, shall be dee med to be the civil service or
positions thereof.
(2) No permanent appointme nt to any pensionable pos ition in the
c ivil service shall be ma de except in consultation with the Public Ser vice
Commission.
(3) The Public Ser vice Commission sha ll be c onsulte d:
(a) on matters concerning the law re lating to the c ondi tions
of service of the c ivil service;
(b) on the ge nera l principles to be followed in ma king
appointme nt and prom otion to the c ivil ser vice or
positions thereof a nd in ta king departmental action ;
(c) on matters concerning the suitability of any candid a te for
appointme nt to a civil ser vice position for a perio d of
more than six months;
(d) on matters concerning the suitability of any candid a te for
transfer or promotion from one service to another w ith
the c ivil se rvice or from any other go vernment serv ice to
the c ivil ser vic e;
(e) on ma tters concerning the, perma ne nt transfer or
prom otion of any employee working in any position
which doe s not re quire consulta tion w ith the P ublic
Ser vice Commission to any position which re quires
consulta tion w ith the Public Ser vice Commission; an d
(f) on matters re lating to de partmenta l action proposed

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a ga inst any civil serva nt.
(4) Notwithstanding a nything contained in Clause ( 3), matters
falling within the pur view of the Judic ia l Se rvice Commission pursuant to
Artic le 114 sha ll be governed by tha t Artic le.
(5) The Public Service Comm ission sha ll be c onsult e d on the
genera l principle s to be followed in the course of making a ppointment a nd
prom otion to any position of the military ser vice, arme d police service or
police service or other go vernment ser vice.
(6) If a ny public corporate body inte nds to see k a dvice of the
Public Service Comm ission on the laws in force re la ting to the c onditions
of service of the employees in the service of suc h body and on the general
princ iples to be followed in the c ourse of ma king a ppointment a nd
prom otion to any position of such ser vice and in ta king departme ntal ac tion
a ga inst any such employee, the Public Service Commi ssion may advise on
suc h matters.
Explanation:
For the purposes of this Article, the expression ” public
body” sha ll m ean any c orporate body of which the Go vernment of Nepal
owns or controls fifty perce nt or more of the share s or a sse ts.
(7) The P ublic Service Comm ission ma y dele gate any of its
func tions, duties and powers to any of its members, a comm ittee of such
members or a ny employee of the Go vernment of Nepa l as to be exercised
and complied with subject to the spec ified conditio ns.
(8) Subject to this Constitution, other func tions, duties a nd Rules
of proce dure of the P ublic Service Comm ission sha ll be a s determined by
law.
127. Annual re port:
(1) The Public Service Comm ission sha ll, every year ,

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submit to the Pre sident; 81 an annua l re port on the works it ha s performed,
and the President
82 shall arrange to subm it such re port to the Le gislat ure-
Parliament, through the Prime Minister.
83
(2) The annua l report to be subm itted pursuant to C la use (1) shall
set out, inter alia , the deta ils of examinations conducted by the Publ ic
Ser vice Comm ission to se lect ca ndidate s throughout the year, de ta ils of
examinees who ha ve passed such examinations, detail s of ad vice ma de to
various corpora te bodies, de tails of advice made in rela tion to de partmental
action and punishment propose d to be ta ken aga inst and impose d on c ivil
serva nts, stateme nts whe ther such a dvice has bee n c omplie d w ith, de tails of
advice, if any, made in re la tion to the genera l pri nc iple s to be followed
while ma king a ppointme nt a nd prom otion to any posit ion of a ny
governme nt service and while taking de partme ntal ac tion concerning such
position and deta ils of future reform s to be made i n the field of c ivil
service.
PART 14
ELECTION COMMISSION

128. Election Commission:
(1) There sha ll be a n Election Commission of
Nepal, consisting of the Chief Election Commissione r and a maximum of
four other Elec tion Com missioners as ma y be re quire d. If, a part from the
chie f e lec tion c ommissioner, any other Election Com m issioner is
appointe d, the Chief Election Commissioner sha ll ac t a s the Chairperson of
the Elec tion Commission.
81 Amended by the Fou rth Amendment.
82 Amended by the Fou rth Amendment.
83 Amended by the Fou rth Amendment.

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(2) The President 84 sha ll, on the recomme nda tion of the
Constitutiona l Counc il, appoint the Chief Elec tion Commissioner and other
Elec tion Commissioners.
(3) The term of office of the Chie f Election Comm is sioner a nd
other Election Commissioners shall be six years fro m the date of
appointme nt, subject to Sub-cla use (a) of the pro vi so to Clause (7).
Provide d that-
(a) if be fore the expiry of his or her term, the Chief
Elec tion Commissioner or a n Election Commissioner
atta ins the a ge of sixty five years, he or she shal l retire.
(b) the Chief Election Comm issioner and an Elec tion
Commissioner ma y be remo ved from his or her office
on the same ground and in the same manner as has
been set forth for the removal of a Judge of the
Supreme Court.
(4) The office of the Chie f Elec tion Commissioner or of an
Elec tion Commissioner sha ll be deemed vacant in any of the follow ing
c ircumstances:
(a) if he or she tenders resigna tion in writing to the
President;
85
(b) if, pursuant to Clause (3), his or her term expires or he
or she cea ses to hold his or her office; or
(c) if he or she die s.
84 Amended by the Fou rth Amendment.
85 Amended by the Fou rth Amendment.

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(5) No person shall be eligible to be appointe d as
the Chief
Elec tion Commissioner or an Election Comm issioner u nle ss he or she
possesse s the following qua lifica tion:
(a) holds a Bache lor’s De gree from a university
recognized by the Go vernment of Nepa l;
(b) is not a mem ber of any politica l party imme diate ly
before the appointme nt;
(c) has atta ine d the a ge of forty five years; and
(d) Possess a mora l c haracter.
(6) The remuneration and other conditions of ser vi ce of the Chief
Elec tion Commissioner a nd the Election Comm issioner s sha ll be as
determine d by law. The remuneration a nd other condi tions of service of the
Chie f Elec tion Comm issioner and the Elec tion Commis sioners sha ll not, so
long as the y hold office, be a ltered to their disad vantage.
(7) A person once appointe d as the Chief Elec tion C ommissioner
or the Elec tion Comm issioner sha ll not be eligible for appointme nt in other
governme nt service.
Provide d that-
(a) nothing in this Clause sha ll be deemed to be a bar to the
appointme nt of a n Election Comm issioner a s the Chie f
Elec tion Commissioner, and when an Election Commiss ioner
is so a ppointed a s the Chie f Election Comm issioner, his or
her term of office shall be so com puted as to inclu de his or
her term as the Election Commissioner.
(b) nothing in this c lause sha ll be deemed to be a bar to the
appointme nt to a ny politica l position or to any pos ition which

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has the re sponsibility of ma king inve stigations, in
quiries or
findings on a ny subject, or to any position whic h h a s the
responsibility of subm itting advic e, opinion or
recommendation a fter carrying out a study or resear c h on a ny
subject.
129. Functions duties an d, powe rs of Election Commission :
(1) The Election
Commission sha ll, subject to the pro visions of this Constitution and other
laws, conduct, super vise, direct and control the el ec tion to the Constitue nt
Assembly, any re ferendum to be he ld unde r Artic le 1 57 of this Constitution
and elections to the Local Authoritie s. For these p urposes, the Elec tion
Commission shall pre pare the e lec tora l rolls.
(2) If, a fter nominations of candidacy for the memb er of the
Constituent Assembly ha ve been filed but be fore the e lection is comple ted,
a question arises whether a candida te is disqua lifi e d or has ceased to
possess the qualifica tion se t forth in Article 65, the Elec tion Comm ission
sha ll ma ke dec ision thereon.
(3) The Ele ction Commission may de legate any of its functions,
dutie s and powers to the Chief Election Commissione r, Elec tion
Commissioner or any employee of the Go vernme nt of N epal as to be
exercised a nd c omplie d with subject to the specifie d conditions.
(4) Subject to this Constitution, other functions, duties and rules
of proc edure of the Election Comm ission sha ll be as determ ine d by law.
130. Government of Ne pal to provi de necessary empl oyees to Election
Commission: The Go vernme nt of Nepa l shall pro vide the Elec tion
Commission w ith such employees and other things as may be re quired to
perform its functions in accorda nce with this Const itution.

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PART 15
NATION AL HUM AN RIGH TS COMMISSION

131. National Human Rights Commission:
(1) There sha ll be a Nationa l Human
Rights Comm ission of Nepa l, which sha ll c onsist of the Cha irperson a nd
Members, as follows:
(a) one person from amongst the re tired Chie f Justices or Judge s of the Supreme Court who
have rendered an outsta nding contribution to the
protection and promotion of huma n rights or a
person who holds a high reputa tion and has been
actively involved in the field of, a nd re ndere d an
outstanding c ontribution to the protection and
prom otion of human rights, or socia l service. -chai rperson

(b) Four persons from amongst the persons who
hold a high re puta tion and ha ve bee n active ly
involve d in the fie ld of, and rendered a n
outstanding c ontribution to, the protection and
prom otion of human rights, or socia l service. -memb er
(2) There sha ll be maintained diversity including gender
perspective while making a ppointment of the Chairpe rson and Members of
the Nationa l Huma n Rights Commission.
(3) The President
86 shall, on the recomme nda tion of the
Constitutiona l Counc il, appoint the Cha irperson and the Members of the
Nationa l Huma n Rights Commission.
86 Amended by the Fou rth Amendment.

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(4) The term of office of the Cha irperson a nd Memb
ers of the
Nationa l Human Rights Comm ission sha ll be six years from the date of
appointme nt.
Provide d that the Cha irperson or a Member of the Na tiona l H uman
Rights Comm ission may be remo ved from his or her of fice on the same
ground and in the same ma nner as ha s been set for t he rem oval of a Judge
of the Supreme Court.
(5) The office of the Chairperson or a Member of th e National
Human Rights Comm ission sha ll be deem ed vaca nt in a ny of the follow ing
c ircumstances:
(a) if he or she te nders resignation in writing to the Preside nt
87
(b) if, pursuant to Clause (4), his or her term exp ire s or he or she
ceases to hold his or her office; or
(c) if he or she die s.
(6) No person sha ll be eligible to be appointe d as the
Cha irperson or a Member of the Nationa l Huma n Right s Comm ission
unless he or she posse sse s the following qualifica t ion:
(a) holds a Bache lor’s De gree from a university recognized by the Go vernment of Nepa l; and
(b) possess a high mora l charac ter.
(7) The remunera tion a nd other conditions of servic e of the
Cha irperson and the Members of the Nationa l Human R ights Comm ission
sha ll be as de term ined by law. The remuneration and other c onditions of
service of the Cha irperson a nd the Members of the N ationa l Human Rights
87 Amended by the Fou rth Amendment.

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Commission sha ll not, so long a s they hold office,
be altere d to their
disadvanta ge.
(8) A person once appointed a s the Chairperson or a Mem ber of
the National Huma n Rights Commission shall not be e ligible for
appointme nt in any other go vernment ser vice.
Provide d that nothing in this c lause shall be deeme d to be a bar to
the appointme nt to any politica l position or to any position whic h has the
responsibility of ma king inve stigations, inquirie s or findings on a ny
subject, or to a ny position whic h has the re sponsib ility of subm itting
advice, opinions or recommendation a fter carrying o ut a study or re search
on any subject.
132. Functions, dutie s an d powe rs of Nation al Huma n Rights Commission
:
(1) It sha ll be the duty of the Nationa l Human Righ ts Comm ission to
ensure the respec t for, protec tion and promotion of human rights and the ir
effec tive im pleme nta tion.
(2) For the accomplishment of the duty mentione d in c lause (1),
the Nationa l Human Rights Commission shall carry ou t the follow ing
func tions:
(a) To conduct inquirie s into, and inve stiga tions o f the instances
of the viola tion of the human rights of any person or a group of
persons or abe tment thereof, on a petition or compl a int
prese nte d or communicated to the Commission by the victim of
such violation or by any person on his or her behal f or on any
information rece ive d by’ the Comm ission from a ny so urce or
on its own initiative, and make recommendation for action
a gainst the perpetra tors;
(b) If any offic ial who ha s the responsibility or d uty to preve nt

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viola tions of human rights fa ils to fulfil or perfo
rm his or her
responsibility or duty or shows reluctance in the f ulfilment or
performa nce of his or her responsibility or duty, t o make
recommendation to the concerne d authority to take
departmenta l ac tion against such officia l;
(c) If it is required to institute a case a gainst a ny person who has
viola ted human rights, to make recommendation to fi le case in
the court in acc orda nce with law;
(d) To c oordinate and collaborate w ith the c ivil so ciety in order to
enha nce awareness on human rights;
(e) To make recomme nda tion, accompanie d by the rea s ons a nd
grounds, to the conce rned body for taking de partmen tal ac tion
a gainst, and imposing punishment on, those who ha ve viola ted
huma n rights;
(f) To carry out periodic reviews of the laws in fo rce relating to
huma n rights a nd make recomme ndation to the Go vernm ent of
Nepa l for necessary im pro vements in and ame ndments to, such
laws;
(g) If it is nece ssary that Nepa l should bec ome a p arty to a ny
internationa l treaty or a greeme nt on human rights, to make
recommendation, accompa nie d by the rea sons there for , to the
Go ve rnment of Nepal; and monitor whether a ny such t reaty or
a greement to which Nepa l is a lrea dy a party has bee n
implemented, and if it is found not to have bee n im plemented,
to make recommendation to the Go vernment of Ne pal f or its
implementation;
(h) To publish, in accordance with law, the na mes o f the officia ls,

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persons or bodies who ha ve fa iled to observe or imp
lement a ny
recommendations or direc tives made or given by the National
Human Rights Comm ission in re lation to the vio latio ns of
huma n rights, and record them as violators of huma n rights.
(3) In discharging its functions or perform ing its dutie s, the
Nationa l Huma n Rights Commission may exercise the f ollowing powers:
(a) To e xercise a ll such powers a s of a court in r e spect of the
summoning a nd enforc ing the a ttendance of any perso n
before the Comm ission and seeking and rec ording his or her
information or sta tement or deposition, e xamining e vidence
and produc ing exhibits a nd proof;
(b) On rece ipt of information by the Commission in a ny manner
tha t a serious viola tion of human rights ha s a lread y been
committed or is going to be comm itted, to searc h an y person
or his or her re side nce or office, enter such re sid ence or office
without notice, and, in the course of making such s earc h, take
possession of any document, e vide nce or proof re lat ed w ith
the viola tion of huma n rights;
(c) In the e vent of necessity to ta ke action immedi ate ly on rece ipt
of informa tion tha t the human rights of a ny person are be ing
viola ted, to e nter any government office or any oth er place
without notice and rescue such person;
(d) To order the pro vision of c ompensation, in acc o rda nce w ith
law, to any person who is a victim of the violation s of human
rights;
(e) To exercise and perform, or ca use to be exerc is ed a nd
performed, suc h other powers a nd dutie s as provided in law.

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(4) Notwithstanding a nything c onta ined e lsewhere i
n this Artic le,
the Nationa l Human Rights Commission sha ll ha ve no jurisdiction over a ny
matter falling within the jurisdiction of the Army Ac t.
Provide d that nothing sha ll bar the institution of, actions on a ny
matters of the violations of human rights or huma ni taria n laws.
133. Annual re port:
(1) The National Human Rights Comm ission sha ll subm it
to the Pre sident
88 an annua l re port on the works whic h it ha s performe d
pursua nt to this Constitution; and the Pre sident
89 sha ll arrange to subm it
suc h report to the Le gisla ture-Parliament through t he Prime Minister.
90
(2) The annua l report to be subm itted pursuant to C la use (1) shall
set out, inter alia , the deta ils of com pla ints filed in the Nationa l H uman
Rights Commission throughout the year, inquiries in to, and inve stigations
of, suc h complaints, de ta ils of rec ommendations mad e to the Go ve rnme nt
of Nepa l on various matters, the number of ca ses, i f any, filed aga inst those
who ha ve violate d human rights and the de ta ils of r eforms to be made in the
future in re lation to the protection a nd promotion of human rights.

88 Amended by the Fou rth Amendment. 89 Amended by the Fou rth Amendment. 90 Amended by the Fou rth Amendment.

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PART 16
ATTORNEY GENERAL

134. Appointment of Attorney General:
(1) There sha ll be a n Attorne y
Genera l of Nepa l, who shall be a ppointed by the Pre sident, on the
recommendation of the Prime Minister. 91 The Attorney Genera l sha ll hold
office during the plea sure of the Prime Minister.
(2) No person sha ll be e ligible to be appointe d as the Attorne y General
unless he or she is qua lified to be appointed as a Judge of the
Supreme Court.
(3) The office of the Attorney Genera l sha ll be dee med vacant in
any of the following c ircumstances:
(a) if he or she tenders resigna tion in writing to the
President, through the Prime Minister;
92
(b) if he or she is re lie ved of his or her office by th e
President, on the recommendation of the Prime
M inister; 93 or
(c) if he or she die s.
(4) The rem unera tion and other fac ilities of the A ttorne y General
sha ll be sim ilar to those of a Judge of the Supreme Court. Other conditions
of service of the Attorney General sha ll be as dete rm ined by law.
135. Functions duties an d power of Attorney Gene ra l:
(1) The Attorne y
Genera l shall be the chief lega l a dvisor to the Go v e rnme nt of Ne pal. It
sha ll be the duty of the Attorney Genera l to give o pinions and ad vices on
91 Amended by the Fou rth Amendment. 92 Amended by the Fou rth Amendment.
93 Amend ed by th e Four th Amend men t.

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constitutional and legal matters to the Go vernment
of Ne pa l a nd such other
authorities as the Go vernment of Nepa l ma y spec ify.
(2) The Attorney Ge nera l or officers subordina te to him or her
sha ll re present the Governme nt of Nepa l in lawsuits whe re in the rights,
interests or c oncerns of the Go ve rnment of Nepa l ar e in volved. Sa ve as
pro vided otherwise in this Constitution, the Attorn ey Ge neral sha ll ha ve the
right to make the fina l de cision as to whether to i nstitute a ny ca se on be half
of the Government of Nepa l in a ny court or judic ial authority.
(3) Subject to Clause (2), in the course of perform ing his or her
dutie s, the Attorney Genera l sha ll ha ve the power t o do the follow ing acts:
(a) To de fe nd, on beha lf of the Go vernme nt of Nepa l, an y
lawsuit in whic h the Go vernme nt of Nepa l is a pla in tiff or a
defendant;
( b) To monitor, or ca use to be monitored, whe ther any
interpre tation give n to a law or any le gal principl e la id down
by the Supreme Court in the course of trying lawsui ts ha s
been implemented;
(c ) On a complaint a lleging that any person held in custody ha s
not been treated humane ly subject to this Constitut ion or such
person has not been allowed to mee t his or her re la tive in
person or through his or her lega l prac titioner, or on rece ipt of
information of suc h ma tter, to inquire there into a nd give
necessary directive to the concerned a uthority to p re vent such
act.
(4) In a ddition to the functions, dutie s and powers me ntioned in
this Article, other func tions, dutie s and powers of the Attorney General
sha ll be as determ ined by this Constitution and oth er laws.

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(5) In the c ourse of disc harging the duties of his
or, her office,
the Attorne y Genera l sha ll ha ve the right to appear in any Court, offic e and
authority of Nepa l.
(6) The Attorney Ge nera l may dele gate his or her f unctions,
dutie s and powers under this Article to his or her subordina tes as to be
exercised a nd c omplie d with subject to the specifie d conditions.
136. Annual re port:
(1) The Attorney Ge nera l shall, every year, subm it to the
President
94 an annua l re port on the works w hic h he or she ha s performe d
pursua nt to this Constitution a nd other laws; and t he Preside nt
95 sha ll
arrange to submit such report to the Le gislature-Pa rliame nt through the
Prime Minister.
96
(2) The annua l re port to be submitte d pursua nt to C la use (1) shall set
out, inter alia , the number of advices a nd opinions on c onstitutio na l a nd
lega l matters rendered by him or her throughout the year, deta ils of
institute d governmental case s, deta ils of defe nse m ade in lawsuits in which
the Go vernme nt of Nepal is a plaintiff or de fendant , details re la ting to
crimes and de tails of reform s to be made in the fut ure in re lation to case s to
be instituted a s go vernmenta l ca ses.
137. Right to appe ar in Legislature-Parliament:
The Attorne y Genera l sha ll
have the right to appe ar and expre ss his or her opi nion on any le gal
que stion in any mee ting of the Legisla ture-Parliame nt, the Constituent
Assembly or any of their comm ittee s.
Provide d that, he or she sha ll not ha ve the right t o vote.

94 Amended by the Fou rth Amendment. 95 Amended by the Fou rth Amendment. 96 Amended by the Fou rth Amendment.

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PART 17
STRUC TURE OF STATE AND LOCAL SELF- GOVERN ANCE

138. Progressive restructurin g of the State:
(1) There shall be made
progressive restructuring of the State w ith inc lusi ve, democra tic federal
system of go vernance, 97 by doing away with the centra lized a nd unitary
structure of the State so a s to end discriminations ba sed on cla ss, ca ste,
langua ge, gender, culture, re ligion and re gion.
(1a)
98 Rec ognizing the desire of the indigenous people s and of the
people of backward and other area inc luding Madhesi pe ople towards
autonomous provinces Nepa l shall be a fe dera l democ ra tic republican state.
Provinces sha ll be autonomous and veste d with full authority. The
boundarie s, number, names a nd structure s, as we ll a s full de ta ils of the lists,
of autonom ous provinces a nd the center and a lloca ti on of mea ns, resources
and powers sha ll be determined by the Constituent A ssembly, while
ma inta ining the so vereignty, unity and inte grity of Nepa l.
(2) There sha ll be constitute d a high le ve l commis sion to make
suggestions on the restructuring of the State as re ferre d to in Clauses (1)
and (1a) 99 The composition, function, duty, power and conditio n of ser vice
of such commission sha ll be as determ ine d by the Go vernment of Nepal.
(3) The fina l se ttlement on the ma tters rela ting to the
restructuring of the State and the form of fe dera l system of gove rna nce 100
sha ll be as determ ined by the Constituent Assembly.

97 Amended by the First Amend ment. 98 Inserted by the Fi fth Amendment. 99 Amended by the Fi fth Amend ment. 100 Amended by the First Amend ment.

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139. Provisions on local self-gove rn ance: (1) The e lection to loca l se lf-
governa nce bodie s shall be held 101 base d on dece ntra lization and de volution
of authority in order to promote the partic ipa tion of pe ople, to the
maximum e xte nt possible, in the system of go vernanc e of the c ountry by
creating such environme nt as is conduc ive to the ex erc ise of sovereignty by
the people e ven from the loca l le vel, de liver servi ces to the people at the
loca l le vel and ha ve institutiona l de ve lopment of d e mocrac y e ven from the
loca l le vel.
(2)
102 Interim local bodies sha ll be formed at the distr ic t, munic ipal
and village le ve ls by the Go vernment of Nepal, with the consent a nd
participation of the politica l parties which are ac tive ly involve d a t the local
leve l pe nding the e lection to the local a uthorities .
Explanation
: For the purpose of this c lause, the e xpression
“politica l parties which are active ly in volved at t he loca l le ve l” shall mean
the politica l parties w hic h ha ve re prese nta tion in the Constituent Assembly
and file d candidacy in the concerned distric t under the first-past-the-post
e lectora l system in the e lection, to tha t Assem bly.
(3) The orga nizationa l structure, framework, terri torial
boundarie s and m ode of forma tion of the loc a l se lf- governance bodie s shall
be as provided by law.
140. Arrangement an d mobilization of revenue:
(1) There sha ll be
mobilization a nd alloca tion of re sponsibilitie s a nd re venues be tween the
Governme nt of Nepa l and the loca l se lf-governance b odies a s pro vided by
law in order to make the local se lf-governance bodi es accounta ble for the
ide ntification, formulation and implementation of l oca l le ve l plans, while
ma inta ining e qua lity in the mobilization, appropria tion of means a nd
101 Amended by the Fi fth Amend ment. 102 Amended by the Fi fth Amend ment

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resources and in the ba lanced and e quitable distrib
ution of the fruits of
deve lopment w ith a view to stre ngthening the local se lf-go vernance bodies
for loca l de ve lopment.
(2) While mobiliz ing and a llocating re ve nue s pursu ant to Cla use
(1), specia l a ttention sha ll be accorde d to the o ve rall upliftment of those
c lasses and comm unitie s who are backward soc ia lly a nd economica lly in
suc h a manner as to ha ve a bala nced a nd e qua l de ve l opment of the country.

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PART 18
PO LITIC AL PAR TIES

141. Prohibition on imposition of restrictions on political parties:
(1)
Persons who are committed to c ommon politica l ideo logy,
philosophy and program sha ll, subjec t to laws made under proviso (3) to
Clause (3) of Article 12, be entitled to form a nd o perate political partie s of
the ir choice a nd to generate, or ca use to be genera ted, public ity in order to
secure support and c ooperation from the genera l pub lic for their ideology,
philosophy and program or to carry out a ny other ac tivity for this purpose.
Any law, arrange ment or dec ision w hic h re stricts an y of such activities
sha ll be deemed to be inc onsistent w ith this Consti tution a nd sha ll, ipso
fac to , be void.
(2) Any law, arrangement or dec ision which a llow s f or
participation or involveme nt of only a single polit ica l party or persons
having sim ilar political ideology, philosophy or pr ogram in the e lections or
in the politica l system of, or in the conduct of go verna nce of the country
sha ll be inc onsistent with this Constitution and sh all, ipso facto , be void.
(3) No party w hic h has objectives pre judicia l to th e ba sic spirit
and essence of the Preamble of this Constitution sh a ll be deemed to be
qua lified for re gistration as a party.
142. Registration re quire d for secu ring recognition for the pu rpose of
contesting elections as political party: (1) Every politica l pa rty
wishing to secure recognition from the Elec tion Com mission for the
purposes of e lections shall be require d to, re giste r it with the Election
Commission in fulfillment of the proce dures a s dete rmined by the Election
Commission. The name of any political party failing to ha ve suc h
registra tion sha ll be remo ved from the list of the Election Commission.

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(2) A pe tition to be made for re gistra tion pursuant
to Cla use (1)
sha ll be accompa nied by the constitution, ma nife sto and Rules of the
politica l party proposed to be re gistered, and cont a in, inter alia, the
following deta ils:
(a) Name of the politica l party and address its ce ntra l office ;
(b) The name s and a ddre sse s of the mem bers a nd othe r office
bearers of the e xecutive committee or of similar ot her
committee of the polit ica l party;
(c) Deta ils of funds, income source of the politica l party and
resources for bringing a bout suc h funds.
(3) Every politica l party sha ll be re quire d to fulf il the follow ing
conditions in order to qua lify for re gistration pur suant to Clause (1):
(a) The c onstitution and rules of the politica l mus t be
democra tic ;
(b) The constitution or rules of the political part y must provide
for e lec tion of office bearers of the party at a ll le ve ls at least
once in every five years;
(c) There must be an inc lusive provision that the e xecutive
committee s at various leve ls the exec utive c ommitte e at
various le vels inc lude the mem bers from women, Dalit and
the exc lude d and oppressed sec tors; and
(d) The c onstitution of the party must ha ve a n effe ctive
pro vision to maintain disc ipline of its members.
(4) The Election Commission shall not re gister any politica l party
or organization which discriminates a gainst any c it ize n of Nepal in
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or sex or the name, objective, insignia or fla g of
whic h is of such a na ture
as to je opardize the re ligious and c omm una l unity o f the country or to
fragment the country or the Constitution or Rule s o f such party or
orga niza tion ha ve the objective of protec ting a nd p romoting pa rty-less or
single party system.
(5)) A petition with the support and signa ture of at lea st ten
thousand voters shall be require d for the purpose o f re gistration of a party
for e lection.
Provide d tha t, this provision sha ll not apply to th e parties
represe nte d in the Interim Le gis lature-Parliament.
(6) Provisions on the e stablishment, registra tion, recognition of
politica l parties and other matters exce pt those me ntioned in this Part shall
be as provided in law.

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PART 19
EMERGENCY PO WER

143. Eme rgenc y Powe r:
(1) If a gra ve emerge ncy arises in re gard to the
sovere ignty or integrity of Nepa l or the security of a ny part there of,
whether by war, e xterna l aggression, arme d re be llio n or extreme econom ic
disarray, the Preside nt may, on the recommendation of the Go vernme nt of
Nepal Council of Ministers, 103 dec lare, by proclama tion or order, a sta te of
emergency in respect of the whole of Nepa l or of a ny spec ifie d part
there of.
(2) Every proc lamation or order issue d under Cla use (1) Shall be
laid be fore a meeting of Legislature-Parliame nt for approva l w ithin a month
from the date of issuance of such proc lamation or o rder.
(3) If a proc lama tion or order la id for appro va l pu rsua nt to
Clause (2) is approved by a two-thirds ma jority of the members present in
the mee ting of the Le gislature-Parliament, suc h pro c lamation or order shall
continue in force for a period of three months from the date of its issua nce.
(4) If a proc lama tion or order la id be fore a meetin g of the
Legislature-Parliame nt for a pprova l pursuant to Cla use (2) is not appro ved
pursua nt Clause (3), suc h proc la mation or order sha ll ipso facto be deemed
to cease to operate.
(5) Before the expira tion of the period re ferred to Clause (3), if a
meeting of the Legisla te -Parliame nt, by a two-thir ds ma jority of the
members present there in, pa sse s a resolution to the effect tha t the
c ircumstances re ferred to in Cla use (1) c ontinue to e xist, it may extend the
103 Amended by the Fou rth Amendment.

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period of the proc lamation or order of the state of
emergenc y for a nother
one period, not exceeding three months a s specified in such re solution.
(6) After a sta te of emergenc y has bee n dec lared or order issued
pursua nt to Clause (1), the Pre sident ma y, on the r ec ommendation of the
Governme nt of Nepal, Counc il of M inisters, 104 issue such orders as are
necessary to meet the exige nc ies. Orders so issued sha ll be opera tive w ith
the same force and effec t as law so long a s the sta te of emergenc y is in
operation.
(7) The Preside nt
105 may, a t the time of ma king a proclama tion
or order of a sta te of emergenc y pursuant to Clause (1), suspend the
fundamenta l rights as provided in P art 3 for a s lon g as the proclama tion or
order is in operation.
Provide d that clauses (1) and (2) of Artic le 12 and Sub-c lauses (c)
and (d) of Clause (3), Artic les 13 a nd 14, Cla use s (2) a nd (3) of Artic le 15,
Artic le s 16, 17, 18, 20, 21, 22, 23, 24, 26, 29, 30 and 31 and the right to
constitutional remedy in rela tion to suc h Artic le s pursua nt to Artic le 32 a nd
the right to the remedy of habeas corpus sha ll not be suspended.
(8) In cases where any Artic le of this Constitution has been
suspended pursua nt to Clause (7), no pe tition may l ie in any court for the
enforceme nt of the fundame nta l right conferred by s uc h Artic le nor may a
que stion be ra ised in a ny court in that respec t.
(9) If during the continuance of a proclama tion or order under
Clause (1), any dama ge is inflic ted upon any person from any act done by
any officia l in contra vention of law or in bad fait h, the a ffe cte d person may,
within three months from the date of termination of the proclama tion or
104 Amended by the Fou rth Amendment. 105 Amended by the Fou rth Amendment.

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order file a petition for compe nsation for the sa id
dama ge : and if the court
finds the c la im va lid, it shall ca use the compe nsa t ion to be paid.
(10) A proc lamation or order of a state of emergenc y issued
pursua nt to Clause (1) ma y be revoked by the Presid ent, on the
recommendation of the Go vernment of Nepal Counc il of M inisters ,106 at
any time during its continua nce.
PART 20
PRO VISIONS RELATING TO ARMY

144. Constitution of the Nepal Army:
(1) There sha ll be an organization of the
Nepal Arm y in Nepa l.
(1a)
107 The President sha ll be the supreme c ommander-in-c h ief of
the Nepal Arm y.
(2) The Preside nt sha ll, on the recommendation of t he Council of
Ministers
108 , appoint the Commander-in-Chie f of the Nepa l Army.
(3) The Preside nt sha ll, on the recommendation of t he Council of
Ministers
109 , control, mobilize and ma na ge the Nepal Army in acc orda nce
with law. The Counc il of M inisters shall, with poli tica l understa nding a nd
on suggestions of the c oncerned c ommittee of the Le gisla ture-Parliame nt,
prepare and enforce a deta iled ac tion plan on the d em ocratization of the
Nepal Arm y.
(4) The action plan to be prepare d and enforced pur suant to
c lause (3) sha ll inc lude acts of rightsizing Nepal Arm y, building its
democra tic struc ture, nationa l a nd inc lusive chara c ter a nd imparting
106 Amended by the Fou rth Amendment.
107 Inserted by the Fou rth Amend ment. 108 Amended by the Fou rth Amendment. 109 Amended by the Fou rth Amendment.

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trainings to the Army in accordance with the va lue s
of democracy a nd
human rights.
(4a)
110 In order to make the Nepa l Army inc lusive and na tio na l in
character, the entry of the Mahesi, indigenous people s, Dalit, women and
people in bac kward area sha ll be ensured by law, on the basis of the
princ iples of e qua lity and inc lusion.
(5) Other matters perta ining to the Nepal Army sha l l be as
pro vided in law.
145. National Defence Council:
(1) There sha ll be a National De fence
Counc il of Nepa l for making recomme nda tion to the C ouncil of Ministers
on the mobilization, opera tion and use of the Nepal Army, which sha ll
consist of the following a s the chairperson and mem bers:
(a) The Prime M inister – Chairperson
(b) The Minister for Defe nce – Member
(c) The Minister for Home Affairs – Member
(d)
111 Three M inisters so de signa ted by the Prime Minister as to ha ve
represe nta tion of different parties
out of the politica l parties ha ving
represe nta tion in the Counc il of
Ministers – Member
Provide d that, where there is representation of l ess
tha n three political parties in the Counc il of Mini sters, nothing
sha ll be deemed to bar the making of designation in such a
110 Inserted by the Fifth Amend ment. 111 Amended by the Fi fth Amend ment.

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manner a s to ha ve re prese nta tion of less than three
political
parties.
(2) In case s where the same person is both the Pri me Minister
and the Minister for Defense, the senior-most Membe r of the Council of
Ministers shall be a member of the National Defence counc il.
(3) The National De fence Council may in vite any oth er person to its
meeting, as per nece ssity.
(4) The se cretary at the Ministry of Defense sha ll act as the secretary
of the Nationa l Defence Counc il; and in his or her a bse nce, any officer
designated by the Prime Minister shall carry out su c h act.
(5) Except in ca ses where the Nepal Army has bee n m obilized by
reason of a natural cala mity, any decision ma de by the Go vernme nt of
Nepal, Counc il of Ministers, on the mobilization of Army sha ll be
prese nte d to a nd appro ve d by the spec ia l comm ittee spec ifie d by the
Legislature-Parliame nt no la ter than one m onth of t he decision.
(5) The National De fence Council may set its Rule s of procedure on
its own.
146. Transitional provision s on c ombatants:
The Counc il of M inisters shall
form a spec ia l comm ittee for the supervision, adjus tment and reha bilitation
of the Maoist army c ombata nts, in such a ma nner a s to consist of
represe nta tion of ma jor political partie s represented in the Constitue nt
Assembly; 112 and the functions, dutie s and powers of such comm it tee shall
be as de termined by the Counc il of Ministers.
147. Management an d monitoring:
Other provisions on the mana gement and
monitoring of the arm s a nd armies sha ll be a s me nti oned in the
112 Amended by the Fi fth Amend ment.

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Compre hensive Peace Acc ord and the Agreeme nt on Mon
itoring of the
Manageme nt of Arms and Arm ies conclude d between the Go vernme nt of
Nepal and CPN (Maoist) on 5 Ma ngsir 2063 (21 Novemb er 2006) a nd 22
Mangsir 2063 (8 December 2006), respec tive ly.
PAR T 21
AMENDMENT TO CON STITU TION

148. Amendment to Con stitution:
(1) A Bill to ame nd or repea l any Artic le of
this Constitution may be introduced in the Le gisla t ure-Parliament.
(2) If a Bill introduce d pursuant to Clause (1) is a pprove d by at
least two-thirds of a ll the then members of the Leg islature-Parliame nt, the
Bill sha ll be deemed to ha ve bee n passe d.

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PAR T 22
MISCELLAN EOUS

149. Constitutional Council:
(1) There shall be a Constitutiona l Counc il for
making rec omme nda tions for a ppointment of offic ia ls to Constitutional
Bodies in accordance w ith this Constitution, whic h sha ll c onsist of the
following a s the chairperson and members:
(a) The Prime M inister -Chairperson
(b) The Chie f Justice -Member
(c) The Speaker of the Legislature-Parliame nt -Member
(d) 113 Three M inisters so de signa ted by the
Prime Minister a s to ha ve re prese nta tion of
differe nt politica l partie s out of the politica l
parties ha ving re presentation in the Counc il
of Ministers -Member
Provide d that, where there is re presenta tion of le ss
tha n three politica l pa rties in the Counc il of Mini sters,
nothing shall be deemed to bar the making of design ation in
suc h a ma nner as to ha ve re prese ntation of le ss tha n three
politica l partie s.
(e) 114 Leader of Opposition Party in the
Le gislature-Parliame nt -Member
(2) While ma king rec ommendation for a ppointm ent to the office
of the Chief Justice in the eve nt tha t such office fa lls vacant, the
Constitutiona l Counc il shall inc lude the M inister f or Justice as its member.
113 Amended by the Fi fth Amend ment. 114 Inserted by the Fifth Amendment.

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(3) The procedures on the appointment of officia ls
to
Constitutiona l Bodie s and other func tions, duties a nd powers and Rule s of
procedure s of the Constitutiona l Counc il sha ll be a s determ ined by law.
(4) The Chief Secretary of the Go vernme nt of Nepa l shall ac t as
the secretary of the Constitutional Counc il.
150. Nepalese ambassadors an d emissaries:
The President may, on the
recommendation of the Counc il of Ministers, 115 appoint the Nepalese
ambassadors, a nd specia l em issarie s for any spec ifi c purposes.
151. Pardons:
The P resident may, on the recom mendation of the Co uncil of
Ministers, 116 grant pardons and suspend, comm ute or rem it any se ntence
passed by any c ourt, spec ial c ourt, and military c o urt or by a ny other
judic ia l qua si-judicia l or adm inistrative a uthority or body.
152. Titles, honors an d dec orations:
(1) The title s, honors and decorations to
be conferre d on be ha lf of the State sha ll be confer re d by the Preside nt, on
the recommendation of the Council of Ministers. 117
(2) No citize n of Nepa l sha ll, without the approva l of the
Governme nt of Nepal, accept any title, honor or dec oration from the
governme nt of any foreign c ountry.
153. Constitution of G ove rnment Service
: The Government of Nepa l ma y, in
order to run the Adm inistra tion of the country, c on stitute the Civil Service
and suc h other gove rnme nt services a s may be requir e d. The constitution,
operation and conditions of service there of sha ll b e as de termined by a n
Act.
154. Constitution of commissions
: The Government of Ne pa l ma y constitute
115 Amended by the Fourth Amend ment. 116 Amended by the Fourth Amend ment. 117 Amended by the Fou rth Amendment.

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suc h comm issions as may be required for the protec t
ion a nd promotion of
the rights and interests of various sectors Inc ludi ng women, Dalit,
indigenous people s, Madhe si, disabled, labours or farmers. The provisions
relating to the forma tion, functions, dutie s and po wers of suc h
commissions sha ll be as determ ine d by law.
154A
118 .Election Constituenc y Delimitation Commission : (1) The Go vernme nt
of Nepa l may constitute a n Constituenc y De limitati on Commission, to
determine elec tion constituenc ies for the purpose o f the election to the
members of the Constituent Assem bly, which sha ll co nsist of the following
as the c hairperson and members:
(a) Retired Judge of the Supreme Court -Cha irperson
(b) Geographer -Member
(c) Soc iologist or demographer -Member
(d) Adm inistrator or ma nageme nt expert -Member
(e)
Ga zetted specia l c la ss officer in the service of
the Gove rnment of Nepal –
Member-secretar y
(2) The c hairperson a nd members of the Constitue nc
y
Delimitation Commission shall be appointed by the G o vernme nt of Nepa l.
(3) The term of office of the Constituency De lim ita tion
Commission shall be as prescribed by the Go vernment of Nepa l a t the time
of the c onstitution of the Commission, a nd such ter m ma y be extended, if
required, by the Government of Nepal.
118 Inserted by the First Amend ment.

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(4) Without prejudice to the generality of c lause
(1), no person
sha ll be e ligible to be appointed a s the cha irperso n or a member of the
Constituenc y De limitation Comm ission unless he or s he possesses the
following qua lification:
(a) holds at lea st Bac helor’s De gree in related sub ject from a
University rec ognize d by the Go vernment of Nepal;
(b) has atta ine d the a ge of forty five years; and
(c) Possess a mora l c haracter.
(5) The office of the cha irperson or mem ber of the Constitue ncy
Delimitation Commission sha ll be deemed vacant in a ny of the
following c ircumstances:
(a) if he or she te nde rs resigna tion in writing to the Prime
Minister: or
(b) if he or she die s.
(6) While delimiting constitue ncie s pursuant to thi s Artic le. the
Constituenc y De limitation Commission sha ll, subject to Cla uses (3) a nd
(3a) of Article 63, de termine the number of members to be electe d from
each district on the basis of the population of tha t district, by ma intaining
the proportionality, as far a s practicable, be tween the population of such
districts, and the number of members of the Constit uent Assembly, a nd
sha ll determine the number of e lec tion constitue nci e s equa l to suc h number,
for the purpose of the election to the members of t he Constitue nt Assembly.
(7) In delimitating constituenc ies pursuant to clau se (6), due
consideration sha ll be give n to inter alia, the boundarie s, geogra phical
conditions, de nsity of population, transportation f ac ilities of each
adm inistra tive distric t and communal a nd cultura l a spec ts of the inha bitants

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in suc h district, on the basis of e qua l population
a nd geogra phical
spec ific ity and conge nia lity.
(8) Notwithstanding anything conta ined in Clause ( 7), the
e lection constitue nc ie s sha ll not be so de limitate d as to be below the
num ber of e lec tion c onstitue nc ie s existed in the e l ec tion distric ts a t the time
of the c ommencement of this Constitution.
(9) No question sha ll be ra ised in any court on an y matter of the
delimitation of constituenc ies ma de by the Constitu ency De lim ita tion
Commission or on the re view there of made pursuant t o Clause
(10c). 119
(10) The Constitue ncy De lim ita tion Commission shal l submit a
report on the works it has performe d to the Prime M inister.
(l0a)
120 The Prime M inister sha ll la y the report rece ived p ursuant to
Clause (10) be fore the Council of Ministers; and th e Council of Ministers
sha ll send the report to the Elec tion Commission a n d other c oncerned
bodies for its impleme nta tion.
(10b)
121 Notw ithstanding a nything conta ined in Clause (10a) , if the
Counc il of M inisters c onsiders that it is necessary to re view the report
submitte d to the Prime Minister pursuant to Clause (10), in the case of a
district of which de limitation is not in order tech nica lly, the Council of
Ministers may, in suc h a specia l c ircumstance, requ est the cha irperson and
members of the Commission c onstituted pursua nt to C lause (1) to review
the report for one time, spec ifying the dea dline fo r such re view.
(10c)
122 If the Council of Ministers make s a request pursua nt to
c lause (10b), the cha irperson and members of suc h C ommission shall make
119 Inserted by the Second A mendment. 120 Inserted by the Second Amendment. 121 Inserted by the Second Amendment. 122 Inserted by the Second Amendment.

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review of the matter as re quested by the Council of
Ministers and submit a
report thereof to the Prime M inisters w ithin that d ea dline.
(10d)
123 If a report is rece ived pursuant to Cla use (10c), ac tion as
referre d to in c lause (10a) shall be take n in re spe c t of tha t report.
(10e)
124 Notw ithstanding anything c ontained elsewhere in thi s
Artic le, in making a re view pursuant to Clause (10c ), the Constitue ncy
Delimitation Commission shall be deeme d to be in ex istence for the period
referre d to in Clause (10b) for that purpose.
(11) The Constitue ncy De lim itation Comm ission sha l l determ ine
its rule s of procedure s itself.
(12) The remunera tion a nd fac ilities of the c ha irpe rson a nd the
members of the Constituenc y Delimita tion Commission shall be sim ilar to
those of the Chie f Election Commissioner and the El ec tion Comm issioners,
respective ly.
(13) The Go vernm ent of Nepal sha ll provide suc h em ployees as
may be require d for the Constituenc y Delimitation C ommission.
155. Provisions relating to hearin g about, an d citi zenship of officials of
Constitutional Bodies: (1) Prior to the a ppointme nt of any persons to
constitutional positions to whic h appointments are made on the
recommendation of the Constitutional Counc il pursu a nt to this
Constitution, to positions of Judge s of the Supreme Court and to positions
of ambassa dors, 125 there shall be parliame ntary hearing about them a s
pro vided in law.
123 Inserted by the Second Amendment. 124 Inserted by the Second Amendment. 125 Amended by the Second Amend ment.

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(2) Only those persons who are c itizens of Nepa l b
y descent or
birth or who, ha ving acquire d na turalized c itizensh ip, ha ve resided in Nepal
for at lea st ten years shall be eligible to be a ppo inte d to constitutional
positions to whic h appointments are ma de pursuant t o this Constitution.
156. Ratification of, accession to, acce ptance of or approval of, tre aties or
agreements: (1)The ratifica tion of, accession to, accepta nce of or
approva l of, treaties or agreements to whic h the St ate of Nepa l or the
Governme nt of Nepa l is to bec ome a party sha ll be a s de termined by law.
(2) Any law to be ma de pursuant to Clause (1) sha ll , inte r alia ,
require that the ratification of, acce ssion to, acc e pta nce of, or approval of,
treaties or a greements on the following subjects mu st be ma de, by a two-
thirds majority of the tota l numbe r of the then mem bers of the Le gislature-
Parliament:
(a) Peace and frie ndship;
(b) Defense and strate gic alliance;
(c) Boundaries of the Sta te of Nepa l; and
(d) Natura l re sources, and the distribution of the i r use s.
Provide d that, out of the treaties or a greeme nts re ferred to in Sub-
c lauses (a) and (d), if any trea ty or agreement is of an ordinary nature,
which does not affec t the nation extensive ly, serio usly or in the long term,
the ratification of, accession to, accepta nce of, o r appro val of, such treaty or
a greement may be ma de by a simple ma jority of the m embers pre sent in a
meeting of the Le gisla ture-Parliame nt.
(3) After the comme nceme nt of this Constitution, un le ss a trea ty
or a greeme nt is ratified, accede d to, acce pte d or a pproved in ac cordance
with this Artic le, such treaty or a greement sha ll n ot be deemed to ha ve
come into force for the Government of Nepa l or the State of Nepa l.

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(4) Notwithstanding a nything c onta ined in clause s
(1) and (2), no
treaty or a greement sha ll be c oncluded in de triment a l to the territorial
inte grity of the Sta te of Nepa l.

157. Power to make decision th rough refe ren dum:
(1) Sa ve as otherwise
pro vided e lsewhere in this Constitution, if a two-t hirds ma jority of the
tota l number of the then members of the Constitue nt Assembly dec ides
tha t it is necessary to dec ide any issue of nationa l importance through
referendum, such issue may be dec ide d through refer endum.
(2) The proce dure s on making dec ision through the p rocess as
referre d to in Clause (1) sha ll be as de term ine d by law.
158. Power to remove difficulties:
If any difficulty arises in c onnec tion with
the impleme ntation of this Constitution, the Presid ent may on the
recommendation of the Counc il of Ministers, 126 issue any orders to
remove such difficulty; and such orders sha ll have to be ratifie d by the
Legislature Parliament ………….
127 within one month.

126 Amended by the Fi fth Amend ment. 127 Deleted by the Fifth Amendment.

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PART 23
TRANSITION AL PRO VISIONS

159.
128 Prope rties to be held in trust: (1) The properties of the then King
Birendra, Queen Aishwarya and the ir fam ilie s shall be brought under
control of the Go vernme nt of Nepa l a nd held in a tr ust, to be use d for the
interests of the nation.
(2) All propertie s acquired by Gyane ndra Shah in ca pac ity of the
the n King (such a s palaces, forests, parks a nd heri tages of historica l a nd
archaeologica l im portance situated in various place s) sha ll be nationa lize d.
160. Provisions relating to the Council of Ministe rs:
(1) The Counc il of
Ministers e xisting at the time of c ommencement of t his Constitution sha ll
be deemed to have been c onstitute d under this Const itution.
(2) The Counc il of Ministers a s referred to in Cla u se (1) shall
exist until the Counc il of Ministers is c onstituted pursua nt to Artic le 38.
161. Provisions rel ating to the Legislatu re-Parliam ent:
(1)The Legisla ture –
Parliament as re ferred to in this Constitution sha l l be constitute d
immediate ly a fter the promulga tion of this Constitu tion.
(2) The House of Re prese ntative s and the National A ssembly
existing for the time being shall ipso facto be dissolved on the promulga tion
of this Constitution; a nd the first meeting of the Le gislature-Parliament as
referre d to in this Constitution sha ll be he ld on t he same da y.
(3) The Bills pending in the House of Re prese nta tiv e s at the time
of the promulga tion of this Constitution sha ll be t ra nsferred to the
Legislature-Parliame nt a s referred to in this Const itution.
128 Amended by the Third Amendment and further amended by the Fou rth Amendment.

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(4) The Parliament Secre tariat existing at the time
of
prom ulgation of this Constitution and the offic ia ls and em ployee s serving
in that Secre taria t sha ll be deeme d to be the Le gis lature-Parliame nt
Secretaria t and to ha ve been appointe d as offic ials and em ployee s thereof
under this Constitution.
162. Provisions relating to Ju diciary:
(1) The Supreme Court, Appella te
Courts and Distric ts Courts existing a t the time of the commenceme nt of
this Constitution sha ll be deeme d to ha ve bee n esta blished under this
Constitution, a nd this Constitution sha ll not be de emed to bar the disposal
by the respec tive Courts of the ca ses filed prior t o the comme ncement of
this Constitution.
(2) The Judges ser ving in the Supreme Court, Appell a te Courts
and Districts Courts sha ll, after the comme ncement of this Constitution,
take an oath of comm itment to this Constitution in such form as determined
by the Go vernment of Nepa l. Any Judge who re fuse s t o ta ke the oath shall
ipso fac to be re live d of his or her office.
(3) Necessary lega l provisions sha ll be ma de to kee p on making
reforms in the judicia l sector based on democratic va lues a nd norms for the
indepe nde nt, fa ir, impartial and com petent Judic iar y.
163. Provisions relating to Constitutional Bodies and, Officials thereof:
(1)
Out of the Constitutiona l Bodie s and Offic ia ls the re of existing at the
commenceme nt of this Constitution, those Bodies and Offic ials which or
who are not mentioned in this Constitution sha ll ce ase to e xist after the
commenceme nt of this Constitution.
(2) The Constitutiona l Bodies existing at the comme ncement of
this Constitution sha ll be deeme d to ha ve been esta blished under this
Constitution; and this Constitution shall not be de emed to pre vent from

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giving continuity to the issues pending in the se Bo
dies pursuant to the laws
in force. Necessary lega l provisions sha ll be ma de to kee p on making
reforms in the Constitutiona l Bodie s and the ir O ffi c ials in consonance w ith
democra tic norms and va lue s.
(3) The Nationa l Human Rights Comm ission constitute d
pursua nt to the laws in force sha ll c ontinue to exi st pending the c onstitution
of the Nationa l Human Rights Commission as provided in this Constitution;
and, a fter the constitute of the Nationa l H uman Rig hts Comm ission as
referre d to in this Constitution, the pe titions and com pla ints pending before
tha t Commission shall be transferred to this Comm is sion; and the
Commission sha ll deal with such pe titions a nd compl aints in ac cordance
with this Constitution and laws ma de here under.
164. Existing la ws to remain in force:
(1) All decisions, acts and proceedings
made and carried out by the re instated H ouse of Rep resentative s shall be
deemed to ha ve bee n ma de and carried out under this Constitution to the
exte nt that the y are not inconsistent with this Con stitution.
(2) The law s existing a t the time of the comme nceme nt of this
Constitution shall continue to be in force unless a nd until such laws are
repeale d or amended.
Provide d that, any law whic h is inconsiste nt with this
Constitution shall ipso facto be in valid to the extent of suc h inconsistency,
after three months of the commencement of this Cons titution.

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PART 24
DEFINITIONS

165. Definitions:
(1) Unle ss the subjec t or the context otherwise req uires, in this
Constitution:
(a) “Article ” mea ns a n Artic le of Constitution.
(b) “Nepal” means the Sta te of Nepa l.
(c) “Citizen” mea ns a citizen of Nepal.
(d) “Bill” mea ns a draft of Constitute or Act which has been
introduced in Le gisla ture-Parliament or the Constit ue nt
Assembly.
(e) “Remunera tion” shall inc lude sa lary, a llowances , pe nsion
and any other forms of emolume nts and facilitie s .
(2) Unless the subjec t or the conte xt otherwise req uire s, the
pre vailing lega l provisions on the interpre tation o f law sha ll, subject to the
pro visions of this Constitution, apply to the inte r pretation of this
Constitution in the same manner a s that law a pplie s to the interpreta tion of
the law s of Nepa l.

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PART 25
SHOR T TITLE, COMMENCEM EN T AND REPEAL

166. Short title and commencement:
(1) This Constitution may be calle d
“Interim Constitution of Nepal, 2063(2007)”.
(2) This Constitution shall be promulga te d by the H ouse of
Represe nta tive s and ra tified by the Interim Le gisla ture-Parliament. The
deta ils in re lation to its impleme nta tion shall be as me ntioned in Schedule-
3.
(3) The Com pre hensive Peace Acc ord and the Agreeme n t on
Monitoring of the Mana gement of Arms a nd Arm ies con cluded between the
Governme nt of Nepa l and CPN (Maoist) on 5 Ma ngsir 2 063 (21 November
2006) and 22 Mangsir 2063 (8 December 2006), respec tive ly, are in
Schedule-4.
(4) This Constitution sha ll come into force on Mond a y, the first
day of the month of Ma gha of the year 2063 Bikram S amba t (15 January
2007).
167. Repeal:
The Constitution of the K ingdom of Nepal, 2047(1990 ) is, here by,
repeale d.

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Schedule-1
(Relating to Article 6) NATIONAL FLAG

(A) Method of making the shape inside the borde r

(1) On the lower portion of a crimson c loth draw li ne AB of the required
length from le ft to right.
(2) From A draw a line AC perpendic ular to AB makin g AC e qua l to
AB plus one third AB. From AC mark off D ma king lin e AD equal
to line AB. Join B and D.
(3) From BD mark off E ma king BE equa l to AB.
(4) Touching E draw a line F G, starting from the po int F on line AC,
para lle l to AB to the right ha nd-side. Mark off F G equa l to AB.
(5) Join C and G.
(B) Method of making the moon

(6) From AB mark off AH ma king AH e qua l to one four th of line AB
and starting from H draw a line HI paralle l to line AC touc hing line
C G a t point I.
(7) Bisect CF at J a nd draw a line JK para llel to A B touching CG at
point K.
(8) Let L be the point where line s JK and HI cut on e another.
(9) Join J a nd G.
(10) Let M be the point where line J G and HI cut on e another.
(11) With ce ntre, M a nd w ith a distance shorte st fr om M to BD mark off
N on the lower portion of line HI.

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(12) Touching M and starting f rom 0, a point on AC, draw a line from left
to right para lle l to AB,
(13) With ce ntre L and ra dius LN draw a semi-circ le on the lower portion
and le t P and Q be the points where it touche s the line OM
respective ly.
(14) With centre M and radius MQ draw a semi-c irc le on the lower
portion touching P and Q.
(15) With ce ntre N and radius NM draw an arc touchi ng PNQ at R a nd S.
Join RS. Le t T be the point where RS and HI cut one another.
(16) With centre T and ra dius TS draw a semi-circ le on the upper portion
of PNQ touching it at two points.
(17) With ce ntre T and radius TM draw a n arc on the upper portion of
PNQ touching at two points.
(18) Eight equa l a nd similar tria ngles of the moon are to be made in the
space lying inside the semic irc le of No. (16) and o utside the arc of
No. (17) of this Sche dule.
(c) Method of making the sun

(19) Bisect line AF at U, and draw a line UV para ll el to AB line touching
line BE at V.
(20) With ce ntre W, the point where HI and UV cut one another a nd
radius MN draw a circ le.
(21) With ce ntre W and ra dius LN draw a circ le.
(22) Twe lve equal and similar triangles of the sun are to be made in the
space e nc lose d by the c ircles of No. (20) and of No . (21) w ith the
two ape xes of two triangles touc hing line HI.

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(D) Method of making the border.
(23) The width of the border will be equa l to the w idth TN. This w ill be
of deep blue color and will be provided on a ll the side of the fla g.
However, on the five angles of the fla g the e xterna l angles be equal
to the internal a ngles.
(24) The abo ve mentione d border will be provided i f the flag is to be used
with a rope. On the other hand, if it is to be hois ted on a pole, the
hole on the border on the side AC can be extended a ccording to
requirements.
Explanation:
The lines H I, RS, FE, ED, J G, OQ, JK and UV are
ima ginary. Simila rly, the external and internal cir c les of the sun and the
other arcs except the crescent moon are a lso ima gin ary. The se are not
shown on the flag.

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Schedule-1A 129
(Relating to Article 36F. and clause (2) of Article 36j.)
I (full name of the Pre sident/Vice-president) solem nly prom ise /swear in
the name of God tha t I w ill bear true fa ith and a ll egia nce to the c ountry a nd
people, tha t I will bear true faith a nd a lle giance to the Interim Constitution
of Nepa l, 2063 (2007) vesting the sovere ignty and s tate a uthority of Nepal
in the people of Nepal,
130 that I w ill faithfully discharge the duties of the
office of Pre side nt/V ice-pre sident, subject to the pre vailing laws, doing
right to the country and people, without fear, fa vor, affection or illwill, a nd
tha t I w ill not in any ma nner communica te or re vea l any matter w hic h shall
become known to me in the course of disc harging m y dutie s, irrespec tive of
whether I hold or cea se to hold the office, except as ma y be re quired in the
observa nce of law.
Name, surname :
signa ture :
Date
129 Inserted by four amend ment
130 Amendment by fifth amend ment

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Sche dule-2 131

131 Deleted by the Fifth Amendment.

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Schedule-3
(Relating to clause (2) of Article 166)
After the comme nceme nt of the mana gement and monito ring of arm s pursuant to
the Comprehe nsive Peace Accord a nd the a greement on Monitoring of the
Manageme nt of Arms a nd Arm ie s concluded between the Go vernment of Nepal
and CPN (Maoists) on 5 Ma ngsir 2063 (21 N ovember 20 06) and 22 Mangsir 2063
(8 December 2006), re spective ly, this Constitution sha ll be promulgate d by the
House of Representative s and ratifie d by the Interi m Le gisla ture-Parliament

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Schedule-4
(Relating to clause (3) of Article 166) The Comprehensi ve Peace Accord conclude d
between
the Government of Ne pal
an d
Communist Party of Nepal (Maoist)
Preamble
Respec ting the people ‘s ma nda te e xpre sse d in fa vour of democracy, peace
and progre ssion through the historica l struggles an d people ‘s movements
launche d by the people of Nepa l at various times si nce be fore 2007 (1951)
till now;
Rea ffirming the full c ommitment to the Twelve-point Understanding,
Eight-point Agreeme nt a nd Twenty-five-point Code of Conduct conc luded
between the Seve n Politica l Parties a nd CPN (Maoist ), Decisions of the
Meeting of Top Leaders of Se ven Politica l Parties a nd CPN (Maoist) he ld
on 22 Kartik 2063 (8 Novem ber 2006) inc luding all a greements,
understandings a nd c ode s of conduct entered into be tween the Go ve rnme nt
of Nepa l and CPN (Maoist) and the le tter carrying s imilar perceptions se nt
to the United Nations;
P ledging to accom plish the progre ssive restructurin g of the State in order to
solve the existing problems of the country rela ting to cla ss, caste, region
and ge nder;
Reitera ting the full commitme nt to com petitive mult i-party democratic
system of governance, c ivil libertie s, fundame nta l rights, huma n rights, full

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free dom of press, and c once pt of rule of law inc lud
ing democra tic value s
and norms;
Remaining comm itted to the Unive rsal Declaration of Huma n Rights,
1948, internationa l humanitarian laws a nd ba sic pri nciples and value s
relating to human rights;
Guarantee ing the ba sic right of the people of Nepal to take part in the
e lection to the Constituent Assembly in a free, fa i r and fearless
environment;
Putting democracy, peace, prosperity, progressive s oc ioeconom ic
transforma tion and independence, inte grity, sove rei gnty and prestige of the
country in the center;
Expressing resolution to hold e lection to the Const ituent Assem bly in a
free and fa ir manner no later tha n the month of Je s tha of the year 2064 (14
June 2007);
Declaring the be ginning of a new chapter of peacefu l c ollaboration by
ending, on the basis of politica l understa nding rea c hed between both
parties, the armed conflict whic h has take n place i n the country since 2052
(1996), in order to acc omplish, through the Constit uent Assem bly, the
guarantee of sovere ignty of the People of Nepa l, pr ogressive political
outle t, dem ocratic restructuring of the Sta te and s ocia l-economic-c ultural
transforma tion;
This Compre hensive Peace Accord ha s been conc lude d between the
Governme nt of Nepa l and CPN (Maoist) with a commitm e nt to transform
the cea sefire reac hed be tween the Government of Nep a l and CPN (Maoist)
into sustainable peace.
1. Preliminary

1.1 This Agree ment sha ll be cited as the “Com prehe nsive Peace

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Accord. ” It sha ll be c ited as the “Peace Accord” in
short.
1.2 This Agreement sha ll come into force on this d a te through a public
dec lara tion by the Go ve rnme nt side and the Maoist s ide.
1.3 Both sides sha ll give necessary directive s to all the age nc ies under
the ir control for the immediate im pleme ntation of, and compliance
with, this Agreement, and sha ll implement it, and c ause it to be
implemented.
1.4 All the agreements, understa ndings, c ode s o co nduc t and dec isions
reached be tween the Se ven’ Political Parties, the G overnment and
the Maoist sides that are attache d in the Annex sha ll a lso be
considered to be an integral part of this Agre ement .
1.5. Such understa ndings a nd a greements as may be required to be
reached herea fter for the impleme nta tion of this Ag reement sha ll
a lso be considered to be a n inte gra l pa rt of this A greeme nt.
2. Definitions:

Unless the subject or the context otherwise require s, in this Agree ment,-
(a) “Cea se fire ” shall mean a n act to ne gate a ny typ e of a ttac k,
kidnapping, disappearance, dete ntion or imprisonmen t, mobilization
and strengthening of armed force s, offensive and vi olent operation
targe ted against each other, and any ac tivity sprea ding, inc iting and
instiga ting disruptive ac ts in the soc iety.
(b) “Interim Constitution” shall mea n the Interim C onstitution of Nepa l,
2063 (2007) to be promulga ted until a new constitut ion is frame d
and enforce d by the Constituent Assembly.
(c) “Interim Council of Ministers” sha ll mean the I nterim Counc il of
Ministers to be constituted pursuant to the Interim Constitution.

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(d) “Both parties” sha ll mea n the party of the Gove
rnme nt of • Nepal
and the party of Communist Party of Nepa l (Maoist).
(e) “Laws in forc e ” shall mean the Interim Constitu tion of Nepal, 2063
(2007) and Ne pa l laws in force that are not inconsi stent w ith it.
Provide d that this de finition shall not a ffect the lega l provisions
existed prior to the promulgation of the Interim Co nstitution, 2063
(2007).
(f) “Verification” sha ll mean the pre paration of tr ue records after the
verification of arm ies, combatants and arms by the Unite d Nations.
3. Political-economic-social tran sformation an d c on flict management:

Both parties a gree to adopt the following polic ies and program s for the
politica l, economic and soc ia l transformation and t o positively mana ge the
conflic ts e xisting in the country:
3.1. To ensure progre ssive political, economic and socia l transformation
on the ba sis of the Dec isions of the Meeting of Top Leade rs of
Se ven Politica l Partie s a nd CPN (Maoist) he ld on 22 Kartik 2063 (8
November 2006) (As attached in Annex-6).
3.2. To constitute the Interim Le gislature-Parliam ent base d on the
Interim Constitution; and the Interim Governme nt is to hold election
to the Constituent Assembly free ly a nd fa irly no la ter tha n the
month of Je stha of the year 2064 (mid-June 2007); a nd to guarantee
sovere ignty inherent in the people of Nepa l.
3.3 The King sha ll ha ve no power re lating to the g o vernance of the
country. The propertie s of the la te King Birendra, late Quee n
Aishwarya and the ir fam ilies are to be brought unde r control of the
Governme nt of Nepa l and he ld in a trust, to be used for the intere sts
of the nation. All properties ac quired by K ing Gyan e ndra in

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capacity of the K ing (such a s palaces, forest parks
a nd herita ges of
historica l and archae ologica l importa nce situate d i n various place s)
are to be na tionalized. The first mee ting of the Co nstituent
Assembly is to decide, by t sim ple ma jority, whe the r the institution
of monarchy is to be reta ine d or not.
3.4 To adopt a political system which is in full c ompliance with the
universa lly accepted ba sic human rights, competitiv e multi-party
democra tic system, so vere ignty inherent in the pe op le and
supremacy of the people, constitutiona l c hecks a nd balance s, rule of
law, soc ia l justice equality, indepe nde nt judic iary periodic
e lections, monitoring by the c ivil soc iety, complet e pre ss freedom,
right of the pe ople to informa tion, tra nsparency an d accountability
in the ac tivitie s of political parties, public part icipation a nd conce pts
of impartia l, effic ient and fa ir burea ucracy, a nd m a inta in good
governa nce while putting an end to corruption and i m punity.
3.5 To e nd the existing centralized and unitary st ructure of the State so
as to address the problem s inc luding those of wome n , Dalit ,
indigenous pe oples, Madhe si, oppressed, exclude d and minority
communitie s and backward regions, and make a n inc lu sive,
democra tic and progressive restruc turing of the Sta te, while a t the
same time doing awa y with discriminations ba sed on cla ss, caste,
langua ge, gender, culture, re ligion and re gion.
3.6 To se t, through mutua l understanding, a common minimum
program on socio-ec onomic transforma tion, doing awa y with a ll
forms of fe uda lism and kee p on implementing the pro gra m.
3.7 To pursue a policy of im pleme nting a sc ie ntifi c la nd re form s
program by doing away with the feuda listic land own ership.

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3.8 To pursue a policy of protecting a nd promoting
domestic industrie s
and mea ns and resources.
3.9 To pursue a policy of establishing the right o f all c itize ns to
education, hea lth, housing, employme nt a nd food sov ere ignty.
3.10 To pursue a policy of providing socio-ec onomi c sec urity inc luding
land to the landless squa tters, bonded labors, till ers, Harawa-
Charawa as we ll a s the economically a nd soc ially bac kward
c lasses.
3.11 To pursue a policy of taking strict action a g a inst a nd punishing
those who ama ss illic it wea lth through corruption w hile holding a
public office of profit.
3.12 To build a common de ve lopment conce pt for soc io-econom ic
transforma tion of the country and justice, and ma ki ng the c ountry
prosperous and economically sound rapidly.
3.13 To pursue a policy of extensive ly increasing, income-ge nerating
opportunitie s by inc reasing in vestme nt in industry, trade, export
prom otion etc., while at the same time ensuring the professional
,rights of labors.
4. Management of armies an d arms:

With a view to holding the e lec tion to the Constitu e nt Assem bly in a
peaceful, fair and free of fear en vironment and dem oc ratiz ing and
restructuring the Arm y, to carry out the following acts in c onsonanc e with
the Twelve-point Understa nding, Eight-point Agreeme nt, Twenty five-
point Code of Conduct c onc luded in the past, the Fi ve-point Lette r se nt to
the United Nations, a nd the Dec isions of the Meetin g of Top Leaders he ld
on 22
nd Kartik (8 November):
Relating to the Maoist army:

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4.1 In accorda nce with the commitment e xpresse d in
the le tter se nt on
beha lf of the Go vernment of Nepal and the CPN (Maoi st) to the
United Nations on 24 Shrwan 2063 (9 August 2006), t he Maoist
army combatants sha ll be confined within the follow ing ca ntonment
areas. The United Nations is to verify and monitor them.
The ma in cantonments shall be placed in following l oca tions:
1. Kaila li 2. Surkhet 3. Rolpa 4. Nawalpara si 5. Chitwa n
6. Sindhuli 7. Ilam
Three sate llite cantonments sha ll be placed in the periphery of eac h
of these ma in cantonme nts.
4.2 After confining the Maoist arm y combata nts in the cantonments, a ll
arms, other tha n the arms a nd amm unitions required for the security
of the ca ntonme nts, are to be sec ure ly store d withi n the
cantonments, to be sea le d with a single-lock, and t he concerne d
party is to hold the ke y. In the process of install ing the lock, to
assemble a de vice inc luding a siren a nd register fo r the monitoring
by the Unite d Nations. While carrying out the nece s sary
examination of the store d arms, the United Nations is to do so under
the pre sence of the concerne d party. Other de tailed technical
spec ifications in this respect inc luding camera m on itoring are to be
prepare d w ith the conse nt of the Unite d Nations, th e CPN (Maoist)
and the Go vernme nt of Nepa l.
4.3 After the Maoist army comba tants stay in the ca ntonm ents, the
Governme nt of Nepal is to provide food supplies and other
necessary arra ngeme nts for them.
4.4 The Interim Council of Ministers is to form a specia l c omm ittee for
the supervision, integration and reha bilitation of the Maoist

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comba tants.
4.5 Sec urity provisions are to be ma de for Maoist leaders through
understanding with the Government.
Relating to the Nepal Army:

4.6. In accordance with the c ommitme nt e xpresse d i n the letter sent to
the United Nations, the Nepa l Army sha ll rema in in its barracks.
Tha t its arms are not to be used in fa vor of or a gainst a ny side sha ll
be guaranteed. The Nepa l Army is to sec ure ly store arms in equal
num bers to tha t of the Ma oist army, to sea l it with a single-lock; and
the concerned party is to hold the key. In the proc ess of insta lling
the lock, to assem ble a device inc luding a siren a n d re gister for the
monitoring by the Unite d Nations. While carrying ou t the nece ssary
examination of the store d arms, the United Nations is to do so under
the pre sence of the concerne d party. Other de tailed technical
spec ifications in this respect inc luding camera m on itoring are to be
prepare d w ith the conse nt of the Un ite d Nations, th e Go vernment of
Nepal and the CPN (Maoist).
4.7 The Counc il of Ministers sha ll control, mobili ze and mana ge the
Nepal Army a s per the new Arm y Am The Interim Counc il of
Ministers is to prepare a nd implement the deta iled ac tion pla n for
the democratization of the Nepa l Army, w ith politic a l understa nding
and by ta king suggestions from the concerned c omm it tee of the
Interim Parlia ment Under this, to carry out activit ies like to assess
the a ppropriate number of the Nepa l Army, to tra in the army in
democra tic and human rights value s, while de ve lopin g democratic
stricture, national and inc lusive charac ter.
4.8 The Ne pa l Army is to continue to perform func t ions inc luding

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border security, security of the conserva tion areas
, protected area s,
banks, a irports, power house s, tele phone towers, ce ntra l sec retariats
and sec urity of VIPs.
5. Ceasefire:

5.1. Te rmination of military action and armed mobil ization:
5.1.1. Both sides expre ss their commitment to re fr a in from carrying
out any of the following activities:
(a) Any type of arms and weapons targeted aga inst e ach
other in a direc t or indirec t way or any attack;
(b) Searching or seiz ing arms a nd weapons be longing to
the other side, with or without weapons, at the pla ce
where the arm s ha ve bee n stored with the
understanding of both partie s;
(c) Hurting any person or subjecting any person to mental
pressure ;
(d) Laying ambushes targeted a gainst each other;
(e) Committing murder and violent operations;
(f) Any ac t of kidna pping/arrest/ dete ntion/ disappearance ;
(g) Destroying a ny public/priva te/ go vernmenta l or military property;
(h) Making aeria l attac ks or bombardments;
(h) P lanting m ine s and conducting sabota ge;
(i) Conduc ting military espiona ge a ga inst each othe r.
5.1.2 Both partie s sha ll not recruit a dditiona l ar med forces or

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conduc t m ilitary activitie s a gainst each other, inc
luding
transporting weapons ammunitions and explosive s.
Provide d that the security forces de ployed by the Interim
Governme nt sha ll ha ve authority to c onduc t routine patrol,
explore in order pre vent illega l trafficking of the weapons,
explosives or raw materials used in a ssembling weap ons at
the inte rna tiona l border a nd custom, points and se i ze them.
5.1.3 No person or group sha ll mo ve carrying ille ga l arms,
ammunitions a nd e xplosive s.
5.1.4 Both parties sha ll a ssist each other to mark the landmines a nd
booby-traps used during the time of armed c onflict by
pro viding necessary information a bout their sketc he s, ma ps
and stora ge within 30 da ys and de fuse and destroy the same
within 60 days.
5.1.5 Arm ies of both partie s sha ll not be present with arms or in
comba t fa tigue in any c ivil assembly or politica l a ssembly or
public program.
5.1.6 The Nepa l Police and Armed P olice Force shal l continue the
task of ma intaining law and order and c onduc t crimi nal
investigations as per the spirit and sentiment of t he pe ople’s
moveme nt ( Jana Andolan) and Peace Accord as well as the
laws in force.
5.1.7 Both partie s sha ll issue circulars to the ir respective armed
bodies a nd personne l to stop addressing any armed p ersonnel
of the other party a s ‘e nemy’ and to be ha ve in sim i lar ma nner.
5.1.8 Both parties agree to establish an in ventory of the go vernme nt,
public, private buildings, lands a nd other properti e s seized,

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loc ked up or not allowe d to be used in the c ourse o
f armed
conflic t and to re turn them bac k imme dia te ly.
5.2 Measu res for normalization of situation:

5.2.1 Collecting cash or goods a nd le vying tax a ga inst one’s
wishe s and a gainst the laws in force sha ll be prohi bited.
5.2.2 Both parties agree to make public the status of pe ople in
the ir custody and re lea se a ll of them within 15 day s.
5.2.3 Both parties agree to make public, w ithin 60 days a fter the
signing of the Peace Accord the rea l name s, surname s and
addre sse s of the people disappeared by them and of those
killed during the war and pro vide information there of to the
family members, as we ll.
5.2.4 Both parties a gree to constitute a nationa l p eace a nd
rehabilita tion comm ission and carry out works throu gh it to
ma inta in peace in the soc iety and opera te re lie f a n d
rehabilita tion works for the people victimized from and
displaced as a re sult of the war/c onflic t, while no rma liz ing
the ad verse situation emerged from the armed c onfli c t.
5.2.5 Both parties agree to constitute, with mutua l understa nding,
a high le vel truth and reconc iliation commission fo r finding
out the truth about those who committed the gross v iolation
of huma n rights and were in volve d in the crime a ga i nst
huma nity in the course of armed c onflic t and for cr ea ting an
environment of rec onc iliation in the soc iety.
5.2.6. Both parties pledge to abandon a ll type s of war, a ttac k,
counter-a ttac k, violence a nd counter-violence exist ing in the
country, with a comm itment to ensure democracy, pea ce

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and progressive transformation in the Nepa lese soc i
ety. It is
also a greed that both partie s sha ll assist each oth er in
establishing peace and ma inta ining peace a nd securi ty.
5.2.7 Both parties guara ntee to w ithdraw acc usation s, c laims,
complaints a nd sub judic e case s ma de or filed a ga in st
va rious persons on politic a l grounds and immediatel y make
public the sta tus of deta inees and release them at once.
5.2.8 Both partie s express commitme nt to allow wit hout any
political pre judice, the pe ople displaced in the c o urse of
conflic t to return back vo luntarily to the ir respec tive
ancestral or former residence, reconstruc t the infr a structures
destroyed, a s a result of the hostilitie s and to re ha bilitate
and socia lize the displaced persons w ith honor.
5.2.9 Both parties a gree to take individual and c ol lective
responsibility of resolving, a lso w ith the support of all
political parties, c ivil soc iety a nd local institut ions, a ny
problems arising in the sa id context, through mutua l
understanding, a nd creating an a tmosphere conduc ive to the
norma liza tion of mutua l re lations and reconc ilia tio n.
5.2.10 Both partie s express commitment not to make a ny
discrimination a ga inst nor to exert any kind of pre ssure on
any member of the fam ily on the ground that such me mber
is a ffiliate d with other party.
5.2.11 Both parties agree to let employees of the Go ve rnment of
the Nepa l and public a genc ies tra vel free ly to any part of the
country, to fulfill their duties and not to crea te any obstac les
or obstruction while e xecuting the ir work or not to let

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obstruction to arise and to fac ilita te their work.
5.2.12 Both parties a gree to allow the Unite d Natio ns, international
donors a genc ies a nd diplomatic missions ba se d in Ne pal,
national or interna tional non-go vernm enta l organiza tions,
press, human rights ac tivists, e lec tion observe rs a nd fore ign
tourists to trave l unre stricted in the State of Nep al in
accordance w ith law.
5.2.13 Both partie s are committe d to operate public ity
programs in a dece nt a nd re spectable manner.
6. Cessation of hostilities:

6.1 Based on the historic a greement reac hed be twe en the Se ven
Politica l Partie s and the CPN (Maoist) on 8 Novem be r 2006,
we hereby declare the cessa tion of the arme d hostil ities
having ta ken place since 2052 (1995), while giving
permane ncy to the ongoing cease fire between the
Governme nt a nd the Ma oist.
6.2 The Dec isions of the Meeting of Top Leaders Se v e n P olitical
Parties and CPN (Maoist) held on 22 Kartik 2063 (8
November 2006) sha ll be the main policy basis for l ong-term
peace.
6.3 After the c onfinement of the Nepa l Army in th e barracks a nd
the Ma oist Army c ombata nts in the cantonme nts, hold ing,
displaying the arms, intim ida tion and any type of u se of
viole nce and arm s, in contra vention of the understa nding,
a greement and law, shall be lega lly punishable.
6.4 Arm ies of both pa rties shall not be allowe d to ca nva ss, a nd be
enga ged in, for or a gainst a ny side. Provide d that the y shall

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not be deprive d of the right to vote.
7. Observance of human rights, fun damental rights al h umanitari an law:

Remaining comm itte d to the Universa l Declaration of Human rights, 1948,
interna tiona l humanitarian law and ba sic principles and va lue s re lating to
human rights, both partie s express the ir c onsent to the following matt ers:
7.1 Human rights:

7.1.1 Both parties re iterate the ir commitment to t he re spect for
and protection of human rights a nd to interna tional
humanitaria n law, and accept that no person shall be
discrim ina ted aga inst on the ground of c olor, se x,
langua ge, religion, a ge, race, na tiona l or soc ia l o rigin,
wealth disability, birth and other status, opinion or be lie f.
7.1.2 Both parties a gree to crea te an environment where the
Nepalese people can enjoy the ir c ivil, politica l, e conom ic,
soc ia l and c ultura l rights, and are c ommitted to ma ke such
an environme nt that suc h rights are not violated in any
c ircumstances in the future.
7.1.3 Both parties e xpress the comm itment tha t in accorda nce
with law, impartial inve stigation sha ll be carried out in
respect of, a nd action taken a ga inst, those persons who are
responsible for obstruction in the enjoyment of the rights
mentioned in this Peace Acc ord a nd ensure tha t im pu nity
sha ll not be encourage d. In a ddition, they sha ll a l so e nsure
the right of the vic tims of conflict and torture an d the right
of the families of the disa ppeare d persons to obta i n re lie f.
7.1.4 Both pa rties sha ll not do a ny ac t to torture , kidnap the
genera l public and force fully enga ge them in work, and

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sha ll also take necessary action to discoura ge suc h
act.
7.1.5 Based on the values a nd norms of sec ularism, both parties
sha ll respect soc ial, cultural and re ligious se nsit ivity,
religious sites and the re ligious faith of individu a ls.
7.2 Right to life:

7.2.1 Both partie s shall respec t and protect the . ba sic right of a
person to life. No person shall be deprived of this basic
right; a nd no law shall be ma de which pro vides for the
death pe na lty.
7.3 Personal dignity, freedom and movement:

7.3.1 Both partie s respect and sa feguard the right to pe rsonal
dignity. In this respect, a ny person inc luding a pe rson who
is deprived of freedom in acc ordance w ith law shall not be
subjected to torture or a ny other cruel, inhuman or
degrading treatme nt or punishment. The citizen’s ri ght to
privacy sha ll be respecte d in acc ordance w ith law.
7.3.2 Both partie s sha ll fully respect the right o f person to
free dom a nd sec urity and shall not arbitrarily or i llega lly
deta in a ny person nor shall kidna p, or ta ke any per son in
hosta ge. Both partie s a gree to make public the sta t us of
the persons who ha ve been disappeare d and he ld in
captivity by them and provide information in this r e spect
to the ir families, le ga l a dvisers and other a uthori zed
persons.
7.3.3 Both parties sha ll respect and protec t the r ight of every
c itizen to free moveme nt and freedom to c hoose one’ s
place of, re sidence in accordance with le ga l norms, and

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express the comm itment to respect the right of the
pe rsons
displaced by the c onflic t and their fam ilies to re turn back
to their home s or to settle in a ny other place of t heir
choice.
7.4 Civil and political rights:

7.4.1 Both partie s are comm itte d to respect and, p rotect the
free dom of e very person to opinion, e xpression, for m
unions an-orga nizations and assem ble peaceably and the
right of e very person aga inst exploitation.
7.4.2 Both partie s respect the right of e very cit ize n to ta ke part
direc tly or through repre sentative of his or her ch oice in
issue s of public concern, to vote, to be e lected a n d to
equa lity in adm ission to public ser vices.
7.4.3 Both partie s are c ommitted to re spec t the ri ght of every
person to be informed.
7.5 Economic an d social rights:

7.5.1 Both parties are c ommitted to re spect and pr otect the right
of e very person to livelihood by doing em ployment w hich
he or she chooses or accepts free ly.
7.5.2 Both partie s are c ommitted to re spec t a nd gu arantee the
right of all pe ople to food security a nd ensure tha t there
sha ll be no interfere nce in the use, transport and
distribution of food items, food production and foo d
gra ins.
7.5.3 Both partie s realize the fac t tha t the right of every c itizen
to hea lth must be respecte d a nd protec ted. Both par ties
sha ll not hinder drug supplies and a id a nd hea lth r elated

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campa igns, and expre ss commitment to do medical
treatme nt a nd ha ve reha bilita tion of those who are
injured
in the course of conflicts.
7.5.4 Rea lizing tha t the right of a ll to education must be
guaranteed and respected, both parties are c ommitte d to
ma inta in conducive educational en vironme nt in
educationa l institutes. Both parties agree to ensur e that the
right to education shall not be violated. They agre e to
immediate ly stop ac ts to take possession of and use
educationa l institute s and disappear or control or abduct
teachers a nd students and not to put army barrac ks in such
a manner as to affect schools and hospitals.
7.5.5 Both parties a gree that no priva te property of any person
sha ll be expropriated or seized except in accordanc e w ith
law.
7.5.6 Both partie s belie ve in enc oura gin g to give continuity to
produc tion works without disturbing the industria l c lima te
in the country, to respect the right to collective barga ining
and soc ial sec urity in industria l e nterprises, to p ac ifica lly
resolve problems, if any, arising betwee n the indus trial
enterprises and la bors, and re spec t the right to wo rk as
prescribed by the Interna tional Labor Orga nization.

7.6 Rights of the women an d the child:

7.6.1 Both partie s fully agree to ha ve spec ial pro tection of the
rights of the women a nd the child, to immediate ly p re vent
a ll forms of violence a gainst women and childre n,

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inc luding sexual e xploita tion and abuse as we ll as
child
labor and not to include or use childre n who are 18 years
old or under in the armed forces. Children thus a ff ected
sha ll be imme dia te ly re scued, a nd necessary and
appropriate assistance sha ll be provide d for their
rehabilitation.
7.7 Right to pe rsonal liberty:

7.7.1 Both partie s a gree to the free dom of opinion and ide ology,
free dom of speech and publication, free dom to assem ble
peaceably a nd without arms, freedom to make movemen t,
free dom to prac tice or carry on any profe ssion or
occupation of one ‘s own choice, freedom to acquire, own
and possess any property, freedom to take part in p eace ful
politica l activities, the right to be equa l be fore the law,
and to carry out, or cause to be carried out, harmo nious
justice system.
8. Settlement of difference s, and implementation mecha nism:

8.1 Both partie s a gree to be so individua lly and c ollec tive ly
responsible as not to repeat mistakes made in the p ast and
to keep on correc ting suc h m ista kes in gradua l ma nn er.
8.2 The National Pea ce a nd Reha bilitation Commiss ion may
set up any suc h mecha nism a s ma y be re quired to ma k e
the peace campaign successful. The c omposition and rules
of proce dure of the Commission shall be as de termin ed by
the Interim Counc il of M inisters.
8.3 Both parties are c ommitted to se ttle a ll kinds of
prese nt and future mutua l differences or problem s t hrough

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mutual dia logue, understa nding, a greeme nt a nd
negotiation.
8.4 Both partie s express commitment that the Inte rim Council
of Ministers may constitute, and determ ine rules of
procedure of, the Nationa l Peace and Rehabilitation
Commission, the Truth and Reconciliation Comm ission ,
the High-leve l Recommendation Comm ission on Sta te
Restructuring as well as suc h other mecha nisms as m ay be
necessary for the implementation of this Peace Acco rd,
the Interim Constitution a nd all dec isions, agreeme nts and
understandings reached between the Se ven Parties, t he
Governme nt of Nepa l and the CPN (Maoist).
9. Implementation and monitoring:

Both parties a gree to ma ke the follow ing arrangemen ts for the
implementation a nd monitoring of the agreements men tioned in this
Agreement:

9.1 Both partie s a gree to give c ontinuity to the m onitoring of
the huma n rights re la ted pro visions conta ine d in th is
Agreement by the United Nations Office of the H igh
Commissioner Huma n Rights, Nepa l.
9.2 Both partie s a gree to ha ve the ma na gement of a rms and
arm ies monitored by the Unite d Nations Mission in N epal
in accordance with the five-point le tter se nt pre vi ously
and the provisions conta ined in this Agreeme nt and
express the com mitment to render assista nce in this
respect.

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9.3 Both parties a gree to ha ve the elec tion to the
Constituent
Assembly supervised by the United Nations.
9.4 The National Human Rights Commission sha ll a ls o carry
out tasks rela ted to the monitoring of human rights as
mentioned in this Agre ement, in addition to its sta tutory
func tions a nd responsibilitie s. In the c ourse of di scharging
its func tions, the Commission may ma ke nece ssary
coordination with a nd see k a ssistance of na tiona l a nd
interna tiona l organizations on huma n rights.
9.5 Both partie s a gree to rece ive reports made by and provide
suc h information a s sought by a ll bodies mentioned a bo ve,
and to implement, through agreements a nd discussion s,
any suggestions and recommendations made by such
bodies.
10. Miscellaneous:

10.1 Both partie s a gree not to opera te a ny para lle l struc ture or
any structure in any form in any area of the State or
Governme nt mec hanism in c onsonance with the letters of
the Decision of No vember 8 and the spirit of this
Agreement.
10.2 Both parties consent to sign any other comple me ntary
understandings, a s nece ssary, for the im pleme nta tio n of
this Agreement.
10.3 This Agreeme nt may be revised at any time wit h the
consent of both parties. Both parties agree to pro v ide to
each other prior written informa tion if the y wish t o ma ke

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any ame ndment. Suc h ame ndment can be made w ith the
consent of both parties a fter rece iving such inform
ation.
The pro visions to be ma de by such an ame ndment shal l
not fa ll below the m inimum standards of accepted
interna tiona l huma n rights a nd humanitarian law a nd the
ma in e ssence of peace building.
10.4 If there arises any dispute in re spect of any interpre tation
of this Agreement, the joint mecha nism c omprising b oth
parties sha ll ma ke interpreta tion on the basis of t he
Preamble a nd the documents included in the Appe ndic es
of this Agreement, and such interpreta tion sha ll be fina l.
10.5 The concept a nd situation of ‘two parties’ as mentioned in
this Agreeme nt sha ll ipso facto cease to exist after the
constitution of the Interim Le gisla ture-Parliament.
Therea fter, the obligation to impleme nt, or cause t o be
implemented, a ll responsibilitie s mentioned in this
Agreement sha ll be as provide d by the Interim Counc il of
Ministers. It sha ll be the duty a nd responsibility of all
politica l parties to e xte nd coopera tion in the obse rva nce
and implementation of this Agreement.
10.6 We heartily a ppeal all to resolve the ir probl ems and
demands through dia logue and negotiation a nd extend
cooperation in holding the e lection to the Constitu ent
Assembly a nd ma inta ining law and order, at a time w hen
the e ntire c ountry is focusing on the main cam pa ign of the
e lection to the Constitue nt Assembly.
10.7 We hea rtily a ppeal the politica l partie s, c iv il society,
profe ssiona l com munitie s, pe ople ‘s c lass orga niza ti ons,

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journalists, aca demic ians and a ll the Nepalese peop
le to
actively partic ipate in this historic campa ign of b uilding a
new democratic Nepa l and e sta blishing susta ina ble p eace
through the e lec tion to the Constituent Assembly, b y
ending the armed conflic ts.
10.8 We heartily urge a ll friendly countries and t he United
Nations as we ll as the internationa l c ommunity to e xtend
support to Nepal in this campa ign of e sta blishing a bsolute
democracy and susta inable peace.
In realization of the responsibility towards the fu ture of the country
and the people, and with full commitme nt to this Co mprehe nsive
Peace Accord, we, on beha lf of the Government of Ne pa l, a nd the
Communist Party of Nepal (Maoist), sign this Compre hensive Peace
Accord and hereby make it public.
Sd. Sd.
Prachnda Girija Prasad Koirala
Cha irma n Prime Minister
Communist Party of Nepa l (Ma oist) Governme nt of Nepa l

Date of signature : 2063.8. 5 (21 Novem ber 2006)

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Agreement
on Monitoring of the Man agement of Arms and Armies 8 December 2006
Preamble

In kee ping with the letters to the Unite d Nations ( UN) Secretary-Ge nera l of 9
August and the Compre hensive Peace Acc ord of 21 No v em ber 2006;
Guarantee ing the fundame nta l right of the Nepa li pe ople to take part in the
constituent assembly elections in a free and fa ir e nvironment w ithout fear;
Declaring the be ginning of a new cha pter of pe ace fu l democra tic interaction by
ending the armed conflict taking place in the c ount ry since 1996, based on the
Compre hensive Peace Acc ord be tween the two parties in order to acc omplish,
through the constitue nt a ssembly, certainty of sove re ignty of the Nepa li people,
progressive politica l outle t, democratic restructur ing of the sta te, and soc ial-
econom ic-c ultura l tra nsformation; and,
Affirming the will to fully observe the terms of th is bilatera l a greeme nt witnessed
by the United Nations:
The parties agree to seek UN assista nce in monitori ng the mana geme nt of the arms
and arm ie s of both sides by the de ployment of qua li fie d UN c ivilian personne l to
monitor, according to interna tional norms, the conf inement of Ma oist army
comba tants and their weapons w ithin designa ted cant onme nt area s and monitor the
Nepal Arm y (NA) to ensure that it remains in its ba rrac ks a nd its weapons are not
use d aga inst a ny side.
1. Modalities of the Agreement

1.1 Principles
Neither of the parties sha ll e nga ge in mo vement or rede ployment of
forces re sulting in
. tactica l or strate gic ad vanta ge.

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Any cla ims or reports of viola tions of this a greem
ent w ill be
reported to UN monitors, substantia ted or not subst antia te d, and
subsequently re ported to the parties through the ap propriate
represe nta tive of the UN Mission in Nepa l.
The sec urity forces deployed by the interim go vernm ent sha ll ha ve
authority to conduct routine patrol, explore in ord er to preve nt ille gal
trafficking of the weapons, explosives or raw mater ia ls used in
assembling weapons at the interna tiona l border or c ustom points a nd
seize them.
Both partie s a gree to allow the Unite d Nations, int ernational donor
a gencies a nd diplomatic mission base d in Nepa l, nat iona l a nd
interna tiona l non-go vernmenta l orga niza tions, pre ss , human rights
activists, e lec tion observers and foreign tourists to tra ve l unrestric ted
according to law in the sta te of Nepa l. The partie s will e nsure the
safety, security freedom of movement and we ll-being of UN M ission
and associa ted personne l, goods and services in a ll parts of Nepal.
The parties sha ll immediate ly take a ll nece ssary me asures to
cooperate with efforts a imed at controlling illic it tra ffic king of arms
and the infiltra tion of armed groups.
Both parties fully agree to not inc lude or use c hil dre n w ho are 18
years old and under in the armed force s. Childre n t hus a ffec ted
would be immediately re scue d and nece ssary and appr opriate
assistance will be pro vide d for the ir re habilitatio n.
1.2 Definitions

The follow ing de finitions are accepted:
(1) Cantonment (Maoist army) is a temporarily designate d and c learly
defined geographica l area for encampment and provis ion of ser vice s

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for the Maoist combatant units inc luding weapons, a
mmunition and
equipme nt. The cantonments are provide d for a ll ech e lons of the
Maoist arm y.
(2) Barracking (NA) is the deployme nt of Nepal Army units to
barracks, including weapons, ammunition and equipme nt. No units
below a company le vel will be independently deploye d unless for
activitie s spec ified elsewhere in this agreement or otherwise
mutually a greed by the partie s.
(3) Secure arms storage areas are e ither military barracks with re gular
armoury store s use d for storage of weapons, munitio ns and
explosives, or storage conta iners established in sp ec ial perimeters at
cantonment sites c ontrolled and guarde d by the resp onsible unit.
(4) “The parties” refers to the party of Go vernme nt of Nepa l (inc ludi ng
the Nepal Army) and the party of the Communist Part y of Nepal
(Maoist), (inc luding the Ma oist Army).
(5) UN Monitoring re fers to all e fforts by the United Nations M ission to
determine relative c omplia nce with the terms spe lle d out in this
a greement and to report to all the partie s and othe rs concerned its
findings.
(6) The Joint Monitoring Coordination Committee (JM CC) is the
monitoring, reporting and coordinating body chaired by the UN,
with membership of the parties. The JMCC is respons ible for
supervising c ompliance by the parties with this a gr eeme nt in
accorda nce with provision 6. 1 of this a greeme nt.
(7) Joint Monitoring Teams (JMTs) are the bodies whic h will assist in
monitoring the cessation of hostilities. The Joint Monitoring Team s
will be active at the regiona l a nd loca l le ve l and in mobile team s.

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Each team will be comprise d of one UN monitor servi
ng as team
leader, one m onitor from Nepa l Arm y a nd one m onitor from the
Maoist Arm y. Joint M onitoring Teams will not be use d for weapons
stora ge inspec tions. Inspec tions at Maoist army can tonme nts w ill
take place with a UN m onitoring team a nd a re presen tative of the
Maoist arm y. Inspec tions at Nepa l Army barracks wil l ta ke place
with a UN monitoring team a nd a Nepa l Arm y repre sen tative.
(8) Maoist army combatants: For purposes of a gree ment this w ill
inc lude re gular ac tive duty members of the Maoist a rmy who joine d
service be fore 25 May 2006, who are not minors and who are able
to demonstrate their service, including by CPN (M) ide ntity card
and other means a greed by the parties.
1.3 Promotion

The partie s sha ll promote aware ness of this a greeme nt, and adhere nce to its
pro visions, among the ir comma nders, members and aff iliated groups.
The partie s, Governm ent of Nepa l, Nepa l Army (NA), CPN (M) and the
Maoist army, shall de sign, in c oopera tion w ith the UN Mission, an
awareness programme to e nsure tha t local communitie s and the parties’
commanders, mem bers a nd a ffiliate d groups understan d the mandate of the
UN Mission and all of the obligations of the partie s spe lled out in this
a greement. The informa tion programmes sha ll include the use of meetings
and print and e lec tronic media in loca l langua ge s.
1.4 Phases

This agreeme nt shall come into force upon signing. There after it shall be
implemented in phases, as follows:
(1) Reporting a nd verification;
(2) Redeployment and concentration of forces;

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(3) Maoist arm y cantonment, N A barracking and arms
c ontrol; and,
(4) Full compliance w ith the agreement.
A full and practical time line w ill be esta blishe d b y the parties for all of
the se activities to take place in consultation w ith the UN.
2. Reporting an d ve rification

I he partie s w ill report detaile d information about their troops a nd this
information w ill be trea ted with appropriate confid entiality by the United
Nations. The pa rties w ill pro vide maps and ske tche s showing curre nt
dispositions, including:
(1) Order of battle/military struc ture, organizatio n, deployme nt a nd
num ber of troops;
(2) Mine fie lds, la ndm ine s, une xplode d ordnanc e, sta ndard explosives,
improvise d explosive de vice s and e xact location of such items;
(3) All necessary information a bout roa ds, tracks, tra ils a nd pa ssa ges
related to encampments;
(4) Informa tion re garding arme d or unarmed groups working a long w ith
the parties, the Nepa l Army (N A) and the Maoist arm y, inc luding
the ir responsibilities a nd,
(5) Other information re quired by the UN for proper monitoring of the
disposition of arm s and armies.
The UN M ission sha ll chec k this information immedia te ly a fter monitors
are deployed.
3. Redeployment an d c oncentration of forces

Compre hensive plans, time line s and route s for the r edeployme nt a nd
concentration of forces will be provide d by both th e N A a nd Ma oist army
to the UN Mission.

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The re deployment and concentration of a ll c ombatant
s in Nepa l — w ith the
NA in barracks and the Ma oist arm y moving in to ca n tonment sites — shall
be carried out in c onsulta tion with the UN. The re d eployme nt a nd
cantonment of force s will be m onitored by UN the mo nitors a fter they are
deployed.
Both sides express an understanding to create a rec ord of go vernme nt,
public and priva te buildings, land a nd other proper tie s and return them
immediate ly.
The partie s will w ithdraw a ll m ilitary and param ili tary, checkpoints (unle ss
explicitly permitted in this a greeme nt) to promote and guarantee free
moveme nt and create an environment free of fear and intim idation.
The Nepa l Police a nd Armed P olice Force shall c onti nue the task of
ma inta ining law a nd order and conduct crim ina l in ve stigations a s per the
spirit and sentiment of the Jana Andolan and peace accord a s well as the
pre vailing law. Both partie s agree not to operate p a ralle l or other forms of
mechanism in any areas of the state or sta te machin ery as per the spirit of
the dec isions of November 8, 2006 and the e ssence o f the peace ac cord. All
sides a gree to le t employees of Nepa l Go vernme nt a n d public agenc ies
trave l free ly to a ny part of the c ountry, to fulfil l the ir dutie s a nd not to
create a ny obstac le or obstruction while e xecuting the ir work or not to let
obstructions to arise a nd to facilitate their work.
4. Maoist Army cantonment, barracking of the N A and arms control

4.1 Maoist army c antonment

In accorda nce with the commitme nt expressed in the letter sent to
the United Nations, Maoist arm y c ombatants a nd the i r weapons shall
be c onfine d w ithin designated ca ntonment area s. The cantonme nt
sha ll be base d on comprehe nsive planning a nd prepar ation before

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implementation. After the Ma oist army combatants st
ay in the
temporary cantonments, the Go vernment of Nepa l w ill provide food
supplie s and other nece ssary arrangements. Whe n imp lemented, the
compre hensive c oncept shall ensure good c ommunica ti ons a nd
proper logistic s. UN monitors w ill ha ve access to a ny a nd all
cantonment sites for purpose s of m onitoring.
4.1.1 Commanders’ responsibilities

The normal Maoist army cha in of comma nd, control,
communica tion and information will be utilized to c ontrol the
Maoist arm y cantonment, using the norma l Maoist arm y struc ture in
adm inistra tion of the site s.
There will be seve n ma in cantonme nt sites a nd 21 sa te llite
cantonment sites of three per ma in cantonment site. The sate llite
sites will be c lustered no more than two hours driv ing dista nce from
the ma in sites unle ss otherw ise a greed by the parti es.
The de signated se ven main sites will be unde r comma nd, control,
communica tion and informa tion of the Maoist army si te commander
and the satellite sites by the designated sate llite c ommanders. The
site comma nders sha ll provide the following informa tion in de tail for
each site to the UN M ission:
(1) Command struc ture for the unit and sub-units pl otte d on a ma p;
(2) Names of commanders down to com pany le ve l;
(3) Communica tion system;
(4) complete list of personnel;
(5) Complete list of weapons, i.e. type s, num bers, seria l number
and ca liber under stora ge at the main ca ntonme nt si tes;

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(6) Ammunition in ventory type, lot number and amoun
t; and,
(7) List of names for the site security guards deta chment, and
complete list of weapons and ammunition for the det ac hment
(main and sa tellite cantonment le vels).
Site commander’s re sponsibilities include :
(1) Camp sec urity, inc luding acce ss control to the site;
(2) Ensuring the sec urity, free dom of mo vement a nd we ll-be ing of
UN M ission and assoc iated personne l, goods and serv ice s;
(3) pro viding information in c oopera tion w ith the U N M ission in
accordance w ith Section 2;
(4) Ma intena nce of discipline, m ora le and norma l tr a ining in the
spirit of the Comprehe nsive Peace Accord, excluding live fire
exerc ises;
(5) Daily routines a nd control of troops; and,
(6) Logistics and camp services (in c ooperation wit h the
Go ve rnment of Nepal a nd other assisting agenc ies).
4.1.2 We apons storage an d Control
The partie s agree upon the safe storage of a ll Maoi st army weapons
and ammunition, in the se ven ma in ca ntonment area s under UN
monitoring, e xcept as provided be low for perime ter security
purposes. Both sides sha ll a ssist each other to mar k landmines a nd
booby-traps used during the time of armed conflict by pro viding
necessary informa tion w ithin 30 da ys and to de fuse and remove /lift
and destroy them within 60 da ys. All improvise d e xp losive devices
will be collected at designa ted sites a sa fe distan ce from the ma in
cantonment area s. The se site s shall be agreed by th e parties to

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consulta tion with the UN M ission. Unsuitable device
s w ill be
destroyed immediate ly. Sta ble de vice s will be store d sa fe ly and
under 24-hor armed guard pro vided for by the guard a gre ements
c ite d be low. The parties, in c onsulta tion w ith the UN, w ill determ ine
a time line a process for the later destruc tion of a ll impro vised
explosive de vices. To ensure the sa fety of both mon itors a nd Ma oist
army personne l, no improvise d explosive de vices or crude bom bs
will be brought inside the cantonme nt site s.
In the ma in cantonment sites the weapons a nd ammuni tion stora ge
area will be secure d by the following system:
(1) A solid fe nce will surround the spec ifie d area, inc luding a
gate with a lock. There w ill be signs on the fence c learly
ide ntifying the restric ted area.
(2) The weapons storage depot w ill be c ompose d of s tora ge
containers pa inte d white and furnished w ith she lves for sa fe
weapons stora ge and easy control, and w ith a comple te
inventory (weapon type, caliber and seria l number).
(3) A single lock provided by the UN w ill secure ea c h stora ge
container. The key will be held by the designa ted m a in
cantonment site comma nder. A 24-hour surveillance c amera
pro vided by the UN Mission w ill cover the storage s ite a nd
will be monitore d from the UN office in cantonment site.
Floodlights will be sw itche d on automatically durin g hours of
darkness.
(4) The UN Mission w ill pro vide a n inspec tion re gis tra tion
device mounte d on each conta iner door indicating wh e n the
stora ge container has bee n opened.

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(5) An alarm system provide d by the UN Mission w ill
be
connected to sire ns in both the UN office and the c amp
commander’s office. The system w ill be activa ted if the
container door is ope ned w ithout “ sa fe button” ha vi n g been
switc hed off in connection w ith re gular inspections .
(6) UN monitors will carry out the inspec tions of t he arms
stora ge area and containers in the presence of a Ma oist army
represe nta tive.
Each main cantonme nt site will be allowe d 30 weapon s of the same
make and mode l to be used only for clearly de fined perimeter
security by de signated gua rds, with eac h sa tellite a llowe d 15 such
weapons under the same conditions. These weapons wi ll all be
properly re gistere d w ith make and seria l number and loc ked in a
guardhouse when not in use. The partie s, in c onsult a tion with the
UN, w ill periodically re view the number of weapons neede d for
perime ter security purpose s on the basis of a share d threat
asse ssment.
Sec urity provisions will be made for CPN (M) lea der s through
understanding with the government.
The UN M ission sha ll m onitor these commitments with a full-time
prese nce at the Maoist army ma in cantonment sites a nd through fie ld
visits and regular inspections. The se inspec tions w ill be carried out
random ly and without warning.
4.1.3 Registration of Maoist army c ombatants at can tonment site s
All Maoist army comba tants w ill registere d at the m ain cantonme nt
sites. This registra tion w ill inc lude the pro vision of a ge, name, rank,
responsibilitie s w ithin unit/formation, da te of e nt ry into service a nd

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will pro vide the ba sis for a complete list of perso
nne l. Ma oist
comba tants will be re gistere d regardless if they ar e in condition of
weapon w ill be spec ified. The total number of weapo ns w ill be
cate gorize d by unit/forma tion. Only those individua ls who were
members of the Maoist arm y before 25 May 2006 will e ligible for
cantonment. The parties w ill agree as to how this p re-e xisting
service is to be confirme d in consultation with the UN.
As part of this re gistration, a ll Maoist army com ba ta nts will prese nt
the ir Maoist army ide ntity card to be marked by the UN. The proce ss
for marking the cards w ill be assista nce received b y Ma oist army
members. Unre gistered persons will not be e ligible for assistance or
perm itte d to rema in in ca ntonments.
Only those Ma oist army comba tants who have been pro perly
registere d at ca ntonment site s w ill be e ligible for possible inte gra tion
into the security forces fulfilling the standard no rms. Any discharged
personnel will be ine ligible for possible inte gra ti on. Those who are
e ligible for inte gra tion into the sec urity forces w ill be de termined by
a specia l c ommittee a s a gree d in the Com pre hensive Peace Accord.
This integration process will be de term ine d in subs equent a greeme nt
with the partie s.
Upon re gistra tion Maoist army com batants, if found to be born a fter
25 May 1988, will be honorably and automatica lly di scharged.
Discharged Maoist army com ba tants must; re lea se a ll weapons,
uniform s and other m ilitary gear; and a gree not to return to
cantonment site s unle ss mutually a greed by UN monit ors in
consulta tion w ith the partie s. The assistance pac ka ge s to be pro vided
to voluntarily disc harged personne l w ill be a gre ed by the partie s in
adva nce of cantonme nt.

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The Interim Council of Ministers will form a spec ia
l com mittee to
supervise, inte gra te and rehabilitate the Maoist ar my comba tants.
4.2 Barracking of the Nepal Army
4.2.1 General re gulations
In accorda nce with the commitme nt expressed in the letter sent to
the United Nations, the Nepal Arm y shall rema in in its barrac ks a nd
its arms are not to be used in fa vour of or a gainst any side. UN
monitors w ill ha ve access to any and a ll N A barrack s for purpose s of
monitoring whether Nepal Arm y force s or weapons are be ing used
for or a gainst any party. Upon visiting any Nepa l A rmy barracks for
inspection, the site comma nder will be duly notifie d, and UN
inspections will re late only to ma tters re garding t he disposition of
forces a nd weapons.
The Counc il of Ministers will control, mobilize a nd mana ge the
Nepal Arm y as per the Army Act of 2006 ( Sai nik Ain 2063) or its
successor legisla tion. The Interim Counc il of Minis ters to prepare
and implement the de tailed action pla n of the Nepa l Arm y’s
democra tiza tion by taking sugge stions from the c onc erned
committee of the Interim Parliame nt/le gis lature. Un der this to carry
out activities like a ssessing the appropriate numbe r of the Nepal
Army, to train the arm y in democratic and huma n rig hts va lues while
deve loping democratic structure, na tional and inc lu sive c haracter.
4.2.2 Commander respon sibilities
The norma l N A cha in of comma nd, control, c ommunicat ion a nd
information w ill be utilized to monitor the NA depl oyment to
barracks. The commanders sha ll provide the follow in g informa tion
in de ta il to the UN M ission:

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(1) Command structure for the unit and sub-units p
lotte d on a
map;
(2) Names of comma nders down to company le ve l;
(3) Communica tion system;
(4) Order of battle /military struc ture, orga nisati on, deployment
and num ber of troops;
(5) Mine fie lds, la ndm ines, unexploded ordnance, st andard
explosives, improvise d explosive de vices a nd exact loca tion
of such items; and,
(6) Other informa tion re quired by the UN Mission f or proper
monitoring of the disposition of arms and arm ies.
The NA w ill e nsure the sa fe ty, security, free dom of movement a nd
well-be ing of UN Mission a nd a ssociated personne l, goods a nd
services, a nd provide informa tion in coopera tion w i th the UN
Mission acc ording to Section 2.
The UN M ission sha ll monitor these comm itments thro ugh da ily
prese nce in se lecte d NA barracks, fie ld visits and regular
inspections.
4.2.3 Weapon s storage and control
The Nepa l Arm y w ill rema in within the barrac ks a s p er the
commitment expressed in the letter sent to the UN t o ensure that
the ir arms are not use d for or a ga inst a ny party. T he Nepa l Army to
store arms in equal numbers to that of the Maoist a rmy, to sea l it
with a single-loc k and give the ke y to the concerne d party. In the
process of installing the loc k, to assemble a mecha nism including a
sire n and re gister for the monitoring by the UN. Wh ile carrying out

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the necessary examination of the stored arms, the U
N w ill do so
under the prese nce of a Nepal Army repre senta tive. The
barrack/barrac ks where NA arms w ill be monitore d un der the
conditions spe lle d out in sec tion 4.1. 2 will be ide ntifie d and a greed
by the parties. The arms will be stored in stora ge containers.
4.2.4 Deployment an d Concentration of Forces – NA permitted
activities
In accorda nce with the spirit of the Com pre hensive Peace Accord,
continuity will be given to functions of the Nepal Army inc luding
border sec urity, security of the conser vation areas , protected areas,
banks, a irports, power houses, telephone towers, ce ntral secretariat
and sec urity of VIPs. A de ta ile d list of the se inst itutions and
insta lla tions w ill be kept by the Secreta ry M inistr y Defe nce, along
with the number and types of forces assigned to suc h duties. The list
of such institutions a nd installations will be ke pt by the NA under
sea l, and this list will be ma de ava ila ble to UN mo nitors when they
deem nece ssary on a case-by-ca se basis.
Permitted N A activities are as follows:
1. Routine m ilitary activities within the barracks and regular
training in barrac ks a nd camps. The JM CC w ill be no tified 48
hours in ad vance be fore underta king limite d live fi re
exercises a t designated live firing ra nges.
2. Participation in offic ial ceremonie s, para des, etc. as direc ted
by the Governme nt.
3. Provision of Border Sec urity as directe d by the Government.
4. Relie f of troops on a one-to-one basis, inc ludi ng tra nsport as
mentioned.

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5. Regular ma inte nance and re placeme nt of non-leth
al
equipme nt, inc luding transport as mentioned. Ma inte nance
and replacement of le tha l weapons w ill take place o nly w ith
the determ ination of the interim governme nt or a gre ement by
both parties.
6. Exec ution of deve lopme nt and construction tasks a s direc ted
by the civilia n authorities, on central, re gional a nd local
leve ls.
7. Provision of support in re lief work in times of natura l a nd
other disasters as directed by the Go vernment.
8. Participation in Peacekeeping Operations ca lled for by the
United Nations, and a ll prepara tions, tra nsport, tr a ining,
transfer of equipment, etc. connecte d to this.
9. Provision of security for VVIPs and VIPs.
10. Provision of security of vita l insta llations a s directe d by the
Governme nt.
11. Provision of security of tra nsporta tion of Nep a l Ra stra Ba nk
funds.
For all of the above ac tivitie s the rule s re garding notifica tion of
troop, a ir m oveme nts and exerc ise s spe lled out in s ec tion 5.2 apply
5. Compliance with the Agreement
5.1 Prohibited Activities In the spirit of the Comprehe nsive Peace Acc ord, an d in light of this
a greement, after the placement of the Nepa l Army in the barrac ks
and the Maoist Arm y combata nts in cantonment, the p arties shall
scrupulously re fra in from the follow ing activities:

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1. Holding a nd carrying arm s is in violation of th
e law.
Displaying arm s, intimidation a nd a ny type of use o f violence
is prohibited, and use of arm s is le gally punishabl e.
2. Any type of arms and weapons targeted a ga inst e ac h other in
a direct or indirect way or any ac t of attac k.
3. Harming or intimida ting a ny person, inc luding i nterna lly
displaced persons, humanitarian a nd de ve lopment wor kers
and other non-comba tants, and a ny se izure of the ir equipme nt
and property.
4. Ambushes, murder or viole nt opera tions.
5. Kidnapping, unlaw ful de tention or imprisonme nt,
disappearance s;
6. All offe nsive military flights in and over Nepa l.
7. Damaging or seiz ing public /priva te/government, m ilitary or
UN property and a ll a ttac ks on UN and assoc iated pe rsonne l.
8. P lanting m ine s or impro vised explosive devices, conduc ting
sabotage or military espiona ge.
9. Recruiting additiona l armed force s or c onduc tin g m ilitary
activitie s a gainst each other, inc luding tra nsporti ng weapons,
ammunitions a nd explosives (unless mutually a gree d by the
parties and notifie d in ad vance according to the te rms of this
a greement.)
10. Collecting cash or goods and service s or le vyi ng ta x a ga inst
one ‘s wishes and a ga inst the existing law.
11. Any actions that impede or de lay the pro vision of
humanitaria n assistance or protection to c ivilia ns.

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12. Any restrictions on the safe, free a nd unimped
e d moveme nt
of humanitarian or de ve lopment age nc ies undertaking
activitie s approved by the interim governme nt or it s
successor.
13. All acts and forms of ge nder-based violence.
14. Any restric tions on the free movement of peopl e and goods.
15. All activities tha t obstruct the e fforts of th e UN Mission a nd
amount to a fa ilure to c ooperate w ith the UN Missio n,
inc luding the prohibition of the UN M ission pa trols a nd
flights over any location.
16. Any attempt by a party to disguise its equipme nt, personne l or
activitie s as those of the UN Mission, other United Nations
a gencies, the Interna tional Committee of the Red
Cross/Cre scent or any other sim ilar organization.
17. Any attempt to rede ploy m ilitary forces a nd e q uipment or
occupation of any positions out of the ir respective
deployment positions without the consent of the Joi nt
Monitoring Coordina tion Comm ittee.
18. The use of children who are 18 years old a nd u nder in the
armed force s.
19. All hostile propaganda and inc itement to milit ary ac tion.
The partie s shall also re fra in from a ll activities tha t are prohibited
e lsewhere in this a greement.
5.2 Permitted activities The ke y princ iple that sha ll underpin permitted act ivitie s for both
sides shall be to a lle viate the e ffects of the arme d c onflict on

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c ivilians a nd the war-affected areas and to ga lvani
se popular support
for peace. Permitted activities for both sides w ill be conduc ted as per
the dec isions of the interim governme nt. Troop, air move ments a nd
exercises ha ve to be prope rly notified and approved by the Joint
Monitoring Coordina tion Comm ittee a t lea st 48-hours in ad vance.
Permitted activitie s include :
(1) De-mining and decommissioning of m ilita ry haza rds;
(2) De ve lopment activitie s to include impro vement and opening
of roads, re habilitation of bridges and passa ges an d a irstrips
according to the decisions of the interim governmen t;
(3) Humanitarian relie f;
(4) Soc ioeconomic ac tivities such as assisting fre e movement of
people, goods a nd services;
(5) Free mo veme nt of unarmed soldie rs in plain civ ilia n c lothes
who are on granted leave, medica l re ferrals, or vis iting
fam ilies – no more than 12 percent of the total re t a ined force
at a given cantonment or barrac ks will be on author ised lea ve
at any give n time unless mutua lly a gree d by the par ties;
(6) Supply of non-letha l items to m ilitary units, food, water,
medicine, petrol, oil and lubricants, stationary, u niforms e tc;
and,
(7) Medica l e vacuation.
5.3 Violations The follow ing ac ts shall constitute violations of t he a greement:
( 1) Any act that c ontra ve ne s this a greeme nt;

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(2) Una uthorise d troop moveme nts;
(3) Una uthorised recruitment, conscription or mobi
lisation;
(4) Una uthorise d replenishment of military equipme nt;
(5) Violation of human rights, humanitaria n law or obstruc tion of
free dom of mo vement of pe ople, goods a nd services;
(6) Espiona ge, sabota ge, air sur ve illa nce a nd acts of subve rsion;
and,
(7) Military flights, or m ilitary flights utilisin g civilian a ircra ft,
over ca ntonme nt site s without 48-hour notification to the
parties a nd the UN m ission , except in emerge nc y situations or
medica l evacuations.

6. The United Nations Mission Monitoring of com pliance w ith this agreement w ill b e carried out:
(1) By UN Monitors; or,
(2) By Joint M onitoring Teams, if so dec ide d by th e JMCC a nd
in keeping with other provisions of this agreeme nt.
The UN M ission will subm it reports to the partie s o n c ompliance
with this a greeme nt. It will do so e ither direc tly or through the
JMCC.
6.1 The Joint Monitoring Coordin ation Committee
The nine-member Joint Monitoring Coordination Commi ttee
(JMCC) w ill have a cha irma n appointed by the UN M is sion. There
will be two Vice-Cha irmen, one each from the Maoist Arm y and the
NA. The rema ining six me mbers w ill be two UN, two N A and two

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Maoist arm y, a ll a s se lected by the parties respec t
ive ly.
The JM CC sha ll reac h its decisions by conse nsus. In the e ve nt of a
deadloc k, the represe ntative of the UN Secre tary-Ge neral sha ll ha ve
fina l authority for re porting on the c omplia nce of the partie s w ith
this a greement to the Secre tary- General and to the interim
governme nt for resolution. The Chairman shall re por t re gularly to
the represe nta tive of the Secretary-Genera l and to the designa ted
represe nta tives of the partie s re garding the activi ties of the JMCC.
The JM CC sha ll serve three ma in func tions: ( 1) To assist the partie s in implementing this agre ement. The
JMCC sha ll be the central c oordinating body for mon itoring
arms a nd armie s in accordance w ith the terms of thi s
a greement and to appro ve, where appropriate those a c tivities
spec ifie d in Se ction 5.2.
(2) To serve a s a dispute re solution mechanism. Th e JM CC shall
resolve all disputes and m ilitary or operationa l di fficulties,
compla ints, questions or problems re garding impleme nta tion
of this a greeme nt.
(3) To a ssist in c onfide nce building. The JMCC sha ll w ork to
gain the trust and confidence of the parties and pr omote the
overall goa ls of this a greement among the people of Nepal.
In order to achie ve these goa ls, the JM CC sha ll ope rate according to
the following basic princ iples: ( 1) Resolve a ll problems and disputes at the lowest le vel
possible, i.e. de le gation of a uthority to the JM Ts;
(2) Promote joint problem-solving and build trust and confidence

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through ac tive efforts to appropriately in vestiga te
and report
on a ll incidents of concern to the parties; and,
(3) Build on le ssons learned in the process.
The Joint Monitoring Teams (JMTs) w ill assist the J oint Monitoring
Coordination Committee at the local le vel and throu gh site visits.
The JMTs will comprise one internationa l monitor a s the team leader
and one monitor from Nepa l Army and one monitor fro m the Ma oist
Army. The number of JMTs and their deployment w ill be
determine d by the Chairma n of the JM CC in consultat ions with that
body.
The tasks of the JMTs w ill include :
(1) Villa ge and community visits and lia ison with the c ivilian
community;
(2) Cooperation with other UN-age nc ies, and lia iso n w ith
interna tiona l organizations and nongovernmental
orga niza tions;
(3) Assista nce to the parties in creating a fa vora ble operational
environment for the c onduc t of the cease fire by inf orma tion
sharing and de fusing loca l te nsion;
(4) A pro-active concept for initia tion of conflic t mana gement at
the loca l le vel; and,
(5) Inve stigation of complaints linked to possible a lle ged
viola tions of the a greement, re ference paragraph 5. 1, and to
recommend measures to ensure compliance.
Joint Monitoring Teams w ill not be used for designa ted weapons
stora ge inspec tions.

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7. Miscellaneous
This agreement can be re vised at a ny time w ith the consent of both
parties. Both parties agree to provide to each othe r prior written
information if the y w ish to make any cha nge. The am endme nts can
be made to the a greement with the consent of both p artie s a fter
rece iving the informa tion. The provis ions to be mad e by such an
amendment w ill not fall be low the m inim um sta ndards of accepted
interna tiona l human rights and humanitaria n laws.
Both parties conse nt to sign a ny complementary unde rsta ndings, as
necessary, for the implementation of the prese nt a g reement.
This agreeme nt w ill be signe d by both partie s in Ne pali and English.
The Unite d Nations w ill witness the English langua g e version of this
a greement and, acc ordingly, the English-langua ge ve rsion of this
a greement will be considered a s authoritative in ma tters of dispute.
The spirit of the Com prehensive Peace Acc ord sha ll guide the
interpre tation and impleme nta tion of this agreement by a ll the
parties.
This a greeme nt sha ll come into force upon signa ture , and it
superse des the agreement of the same name done on t he 28th day of
November 2006 (12 Ma ngsir 2063 BS).

Done in Kathmandu, Nepal on the 8th da y of December 2006 (22 Ma ngsir 2063
BS)

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……………………………………….
……………………………………………………….
Krishna Bahadu r Mah ara Krishna Prasad
Sitoula
Coordinator Coordinator
Negotiating team Negotiating team
CPN (Maoist) Government
of Nepal
Witnessed by Ian Martin
Pe rsonal Repre sentative of the Sec retary-General
United Nations