(d) the current general state of affairs of the country, matters concerning peace and security in the country, matters of political, social and administrative concerns, and matters concerning international relations.
(2) His Majesty may make recommendations to, or appreciations of, or admonitions to, the Council of Ministers on matters of national importance.
Article 44 Constitution of Legislature
There shall be a Legislature, to be called Parliament, which shall consist of His Majesty and two Houses, namely the House of Representatives and the National Assembly.
Article 45 Constitution of the House of Representatives
(1) The House of Representatives shall consist of two hundred and five members.
(2) For the purpose of election of members to the House of Representatives, administrative districts shall be treated as election districts, and the ratio of the number of seats allocated to any district shall be, so far as practicable, equal to the ratio of the population of that district to the national population as determined by the last census preceding the concerned election; and the number of election constituencies shall be equal to the number of seats so allocated; and one member shall be elected from each election constituency. Provided that the number of members to be elected from the districts shall be so determined and election constituency so delimitated that there be elected at least one member from each district irrespective of its population.
(3) Unless dissolved earlier pursuant to the provisions of this Constitution, the term of the House of Representatives shall be five years. Provided that the term of the House of Representative may be extended by an Act for a period notexceeding one year during the operation of a proclamation of a State of Emergency.
(4) The term of the House of Representatives as extended in pursuance of the proviso clause of clause (3) shall ipso facto stand terminated after the expiry of six months from the date on which the proclamation of the State of Emergency is withdrawn.
(5) Subject to the provisions of this Constitution, election to membership in the House of Representatives shall be held on the basis of one man-one vote through secret ballots in accordance with the provisions of law.
(6) Every Nepali citizen who has attained the age of eighteen shall be entitled to vote in one of the election constituencies in accordance with the provisions of law.
(7) Every person who is entitled to vote in the elections for the House of Representatives may, subject to the provisions of Article 47 and other existing laws, be a candidate from any of the election constituencies.
(8) Any vacancy in a seat occurring in the House of Representatives, while a portion of its term still remains, shall be filled through a by-election.
(9) Subject to the provisions of this Article, elections for the House of Representatives and other matters pertaining thereto shall be regulated in accordance with law.
Article 46 Constitution of the National Assembly and the Tenure of Office of Members
(1) The National Assembly shall consist of sixty members as follows: -
(a) ten members to be nominated by His Majesty from amongst persons of high reputation who have rendered prominent service in various fields of national life,
(b) thirty five members, including at least three women members, to be elected by the House of Representatives in accordance with the provisions of law, on the basis of the system of proportional representation by means of the single transferable vote, and
(c) fifteen members, three from each of the Development Regions, to be elected in accordance with law on the basis of the system of single transferable vote by an electoral college consisting of the Chief and the Deputy-Chief of the Village and Town level Local Authorities and the Chief, Deputy-Chief, and the members of the District level Local Authorities: Provided that until elections are held for the Local Authorities, such electoral college shall, for the first time, consist of the members of the House of Representatives elected from the concerned Development Region.
(2) The National Assembly shall be a permanent House. The tenure of office of one-third of its members shall expire every two years.
(3) The tenure of office of the members of the National Assembly shall be six years: Provided that, for the first time, after the commencement of this Constitution, arrangements shall be made by drawing lots to retire one-third of the members on the expiry of two years, another one-third on the expiry of four years, and the final one-third on the expiry of six years.
(4) The term of office of the members, including any unfilled seats, shall be deemed to have started on the date on which National Assembly commences its first session.
(5) Vacancies of seats in the National Assembly shall be filled in the same manner of election or nomination through which the seat of the vacating member was filled.
(6) If any seat of a member of the National Assembly falls vacant during his tenure of office, the vacancy shall be filled in accordance with Clause (5), by election or nomination, as the case may be, for the remainder of the term.
Article 47 Qualifications for Membership
(1) In order to become a member of Parliament any person -
(a) must be a citizen of Nepal;
(b) must have attained twenty five years of age for the House of Representatives and thirty five years for the National Assembly;
(c) should not be disqualified under any law; and
(d) should not hold an office of profit.
Explanation: For the purpose of this sub-clause, "office of profit" means any position, other than a political position, to be filled by election or nomination for which a remuneration or economic benefit is paid out of a Government Fund.
(2) No person shall be a member of both Houses simultaneously.
Article 48 Decision About Disqualifications of Members
If a question arises as to whether a member of Parliament is disqualified or has ceased to possess any of the qualifications set forth in Article 47, the final decision shall be made by the Chief Justice of Nepal or any other Judge of the Supreme Court designated by him.
Article 49 Vacation of seat
(1) The seat of a member of Parliament shall become vacant in the following circumstances:
(a) if he dies; or
(b) if he resigns in writing; or
(c) if he does not or has ceased to possess the qualifications referred to in Article 47; or
(d) if his term of office expires, or if the term of the House in accordance with this Constitution; or
(e) if he, without the leave of the concerned House, absents himself from thirty consecutive meetings of the House; or
(f) if the party of which he was a member when elected provides notification in the manner set forth by law that he has abandoned the party.
Article 50 Oath
The members of each House of Parliament shall, before taking part for the first time in a meeting of that House or any of its committees, take an oath in the specified form.
Article 51 Speaker and Deputy-Speaker of the House of Representatives
(1) The House of Representatives shall, as soon as possible, elect a Speaker and a Deputy-Speaker from among its members. If the office of the Speaker or the Deputy-Speaker falls vacant, the House of Representatives shall fill the vacancy through election from among its members.
(2) The Deputy-Speaker shall, in the absence of the Speaker of the House of Representatives, chair the House of Representatives.
(3) If the election of the Speaker and Deputy-Speaker has not taken place, or if both the positions have become vacant, the member of the House of Representatives who is by age the seniormost shall preside over the meeting of the House of Representatives.
(4) The Office of the Speaker or the Deputy-Speaker shall become vacant in the following circumstances:
(a) if he ceases to be a member of House of Representatives:
Provided that, after the dissolution of the House of Representatives, the Speaker and Deputy-Speaker shall continue in office until the date of the filing of nominations for election to the House of Representatives; or
(b) he submits a written resignation; or
(c) if a resolution is passed by a majority of two-thirds of the total number of members in the House of Representatives to the effect that his conduct is not compatible with his position.
5) The Deputy-Speaker shall preside over a meeting at which deliberations are to be held on a resolution that the conduct ofthe Speaker of the House of Representatives is not compatible with his position. The Speaker shall be entitled to take part and vote in the deliberations on such resolution.
Article 52 Chairman and Vice Chairman of the National Assembly
(1) After the commencement of its first session, the National Assembly shall, as soon as possible, elect a Chairman and Vice Chairman from among its members. If the office of the Chairman or the Vice-Chairman falls vacant, the National Assembly shall fill the vacancy through election from among its members.
(2) The Vice-Chairman shall, in the absence of the Chairman of the National Assembly, chair the National Assembly.
(3) If the election of the Chairman and Vice-Chairman has not taken place, or if both the positions have become vacant, the member of the National Assembly who is by age the seniormost shall preside over the meeting of the National Assembly.
(4) The office of the Chairman or the Vice-Chairman shall become vacant in the following circumstances:
(a) if he ceases to be a member of the National Assembly; or
(b) if he submits a written resignation; or
(c) if a resolution is passed by a majority of two-thirds of the total number of members of the National Assembly to the effect that his conduct is not compatible with his position.
(5) The Vice-Chairman shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the Chairman of the National Assembly is not compatible with his position. The Chairman shall be entitled to take part and vote in the deliberations on such resolution.
Article 53 Summoning and Prorogation of Sessions and Dissolution of the House of Representatives
(1) His Majesty shall summon a session of parliament within one month after the elections to the House of Representatives are held. Thereafter, His Majesty shall summon other sessions from time to time in accordance with this Constitution. Provided that the interval between two consecutive sessions shall not be more than six months.
(2) His Majesty may prorogue the session of both or either of the Houses of Parliament.
(3) If, during the prorogation or recess of the House of Representatives, one-fourth of its members make a representation that it is appropriate to convene a session or meeting, His Majesty shall specify the date and time for such session or meeting, and the House of Representatives shall meet or commence its session on the date and time thus fixed.
(4) His Majesty may dissolve the House of Representatives on the recommendation of the Prime Minister. His Majesty shall, when so dissolving the House of Representatives, specify a date, to be within six months, for new elections to the House of Representatives.
Article 54 Address and Message by His Majesty
(1) His Majesty may address either House or a joint sitting of both the Houses of Parliament, and He may summon the Members for that purpose.
(2) His Majesty shall address the first session after an election to the House of Representatives, and a joint sitting of both the Houses of Parliament after the commencement of the first session of each year.
(3) His Majesty may send messages to either or both the Houses of Parliament. The House receiving such message shall, as early as possible, consider the matter mentioned in the message and submit its opinion to His Majesty.
Article 55 Quorum
Except as otherwise provided in this Constitution, no resolution shall be presented for decision in either House of Parliamentunless one-fourth of the total number of members of the concerned House are present.
Article 56 Restriction on Discussion
(1) No discussion shall be held in either House of Parliament on the conduct of His Majesty, Her Majesty the Queen and the heir apparent to His Majesty: Provided that nothing in this Article shall be deemed to bar criticism of His Majesty's Government.
(2) No discussion shall be held in either House of Parliament on a matter which is under consideration in any court of Nepal.
(3) No discussion shall be held in either House of Parliament about anything done by a Judge in course of performance of his duties: Provided that nothing in this clause shall be deemed to bar the expression of opinion about the conduct of a Judge during deliberations on a resolution held pursuant to clause (7) of Article 87.
Article 57 Transaction of Business in case of Vacancy of Members
Either House of Parliament shall have the power to transact its business notwithstanding any vacancies in the seats of its members; and no proceedings shall become invalid even if it is subsequently discovered that a person not entitled to take part in the proceedings of either House had participated therein.
Article 58 Voting
Except as otherwise provided in this Constitution, all questions submitted for decision in either House of Parliament shall be decided by a majority vote of the members present and voting. Normally the member presiding shall not have the right to vote, but he may exercise his casting vote in the case of tie.
Article 59 Vote of Confidence
(1) The Prime Minister, while he holds office, may, whenever he is of the opinion that it is necessary or appropriate to obtain a vote of confidence from the members of the House of Representatives, present a resolution to that effect in the House of Representatives.
(2) One-fourth of the total number of members of the House of Representatives may present in writing a no-confidence motion against the Prime Minister: Provided that a no-confidence motion shall not be presented more than once in the same session.
(3) A decision on a resolution presented pursuant to clauses (1) and (2) shall be made by a majority of the total number of members of the House of Representatives.
Article 60 Minister Entitled to Take Part in Both Houses
A Minister shall be entitled to attend and take part in the proceedings and deliberations of either House of the Parliament and its committees:
Provided that he shall not be entitled to vote in a House or committee of which he is not a member.
Article 61 Penalty for Unauthorized Presence or Voting
If a person sits or votes in a meeting of either House of Parliament as a member without taking an oath pursuant to Article 50, or knowing that he is not qualified for membership in the House, he shall, on order of the person chairing the House, be liable to a fine of one thousand rupees for each day of such presence or voting. The fine shall be recovered as government dues.
Article 62 Privileges
(1) Subject to the provisions of this Constitution, there shall be full freedom of speech in both Houses of Parliament and no member shall be arrested, detained or prosecuted in any court for anything said or any vote cast in the House.
(2) Subject to the provisions of this Constitution, each House of Parliament shall have full power to regulate its internal business, and it shall be the exclusive right of the House concerned to decide whether or not any proceeding of the House is regular. No question shall be raised in any court in this regard.
(3) Subject to the provisions of this Constitution, no comment shall be made about the good faith concerning any proceeding of either House of Parliament and no publication of any kind shall be made about anything said by any member which intentionally distorts or misinterprets the meaning of the speech.
(4) Subject to the provisions of this Constitution, the provisions of clauses (1) and (3) shall also apply to any person, other than a member, who is entitled to take part in a meeting of the House.
(5) No proceedings shall be initiated in any court against any person for publication of any document, report, vote or proceeding which is made under authority given, subject to the provisions of this Constitution, by a House of Parliament. Explanation: For the purposes of this clause and clauses (1), (2), (3) and (4), the word "House" shall mean and include the committees of a House and shall also mean a joint sitting of Parliament or a meeting of the Joint Committee.
(6) No member of Parliament shall be arrested between the date of issuance of the summons for a session and the date on which that session closes: Provided that nothing in this clause shall be deemed to prevent the arrest under any law of any member on a criminal charge. If any member is so arrested, the official making such arrest shall forthwith inform the person chairing the concerned House.
(7) Any breach of privilege of either House of Parliament shall be deemed to constitute contempt of Parliament and the concerned House shall have the exclusive right to decide whether or not any breach of privilege has taken place.
(8) If a person is in contempt of either House of Parliament, the Chairperson of the concerned House may, after a decision by the House to that effect, admonish, warn or impose a sentence of imprisonment not exceeding three months, to remain effective only during the current session of the House, or impose a fine of up to five thousand rupees on such person. The fine shall be recovered as government dues:
Provided that if the person so accused submits an apology to the satisfaction of the House, it may either pardon him or remit or commute the sentence imposed on him.
(9) Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.
Article 63 Procedures relating to the Conduct of Business
(1) Each House of Parliament shall, subject to the provisions of this Constitution, frame rules for conducting its business, maintaining order during its meetings and regulating the constitution, functions and procedures of the committees or any other matter of the House or the committees. Such rules shall come into effect upon approval by His Majesty.
(2) Matters relating to the conduct of business of a joint sitting of Parliament and the constitution of its Joint Committee, and the functions and procedures thereof shall be in accordance with rules made by His Majesty on the recommendation of the Speaker of the House of Representatives and the Chairman of the National Assembly.
(3) Until such time as rules mentioned in clauses (1) and (2) are made, matters mentioned in those clauses shall be governed by rules made by His Majesty .
Article 64 Committees
The House of Representatives may, by rules, regulate the constitution and management of Committees on Finance, PublicAccount, Human Rights, Foreign Relations, Natural Resources, Protection of the Environment, Population and such committees on other subjects as required.
Article 65 Joint-Committee
(1) If a resolution is passed by either House demanding that of both the Houses be constituted for the purpose of managing the working procedure between the two Houses, resolving disagreements on any Bill, or for any other specified function, a Joint-Committee thereon shall be constituted.
(2) The Joint-Committee shall consist of up to a maximum of fifteen members in the ratio of two-members from the House of Representatives to-one-member from the National Assembly.
Article 66 Secretariat of Parliament
(1) His Majesty shall appoint the Secretary of the House of Representatives on the recommendation of its Speaker, and the Secretary of the National Assembly on the recommendation of its Chairman and the Secretary-General of Parliament in consultation with both the Speaker and the Chairman.
(2) The establishment of a Secretariat for the purpose of conducting the business of Parliament and other matters related thereto shall be as determined by law.
Article 67 Remuneration
The remuneration and privileges of the Speaker and Deputy Speaker of the House of Representatives, the Chairman and Vice-Chairman of the National Assembly and members of Parliament shall be determined by law, and until so determined, shall be as specified by His Majesty.
Article 68 Procedure for Introducing a Bill
(1) A bill may be introduced in either House of Parliament: Provided that a Finance Bills shall be introduced only in the House of Representatives.
(2) A Finance Bill or a Bill concerning the Royal Nepal Army or the Armed Police Force shall be introduced only as a Government Bill. Any amendment to such Bill may be introduced only upon the prior approval of His Majesty. Such approval shall be obtained through the person chairing the House.
(3) "Finance Bill" means a Bill concerning any or all of the following subjects:
(a) the imposition, collection, abolition, remission, alteration or regulation of taxes;
(b) the preservation of the Consolidated Fund or any other Government Fund, the deposit of moneys into and the appropriation or the withdrawal of moneys from such Funds, or the reduction, increment or cancellation of appropriations or of proposed expenditures from such Funds;
(c) the regulation of matters relating to the raising of loans or the giving of guarantees by His Majesty's Government or any matter pertaining to amendment of the laws concerning the financial liabilities undertaken or to be undertaken by His Majesty's Government;
(d) the custody and investment of all revenues received by any Government Fund, moneys acquired through the repayment of loans, and grant moneys; or audits of the accounts of His Majesty's Government; or