Seperation of power and
check & balance
seperation of power
Definition
• The doctrine of separation of powers divides
government authority into three distinct branches,
each with its own functions and responsibilities:
• Legislative Branch (Makes Laws)
• Executive Branch (Enforces Laws)
• Judicial Branch (Interprets Laws)
This separation ensures that power is distributed
and prevents the concentration of authority in a
single entity.
checks and balance
Definition
• While separation of powers divides
authority, checks and balances ensure that
each branch has mechanisms to limit or
oversee the powers of the other branches.
This prevents any branch from
overstepping its boundaries.
legislative (83-108)
• art 100 - provision relating to vote of
confidence and motion of no confidence
• art 101 - impeachment
• art 110 - introduction to bills
• art 114 - ordinance = president on recom.
of council of minister , promulgate an
ordinance
• art 292 - parliament hearing
executive (74-82)
• art 75 - executive power
• art 76 - council of ministers
• art 81 - to inform president = resolution of
coc , bills, state affairs
judiciary
• art 126 - courts to exercise power realting
to justice
• art 127 - courts
• art 133 - juridisctions of court
• art 137 - formation of constitutional bench
84. Composition of House of
Representatives
(1) The House of Representatives
• shall consist of a total of two hundred and seventy five members, as
follows:
a) One hundred and sixty five members to be elected through the first past
the post electoral system, with one being elected from each election
constituency of one hundred and sixty five election constituencies
delimited in the country on the basis of geography and population,
(b) One hundred and ten members to be elected through the proportional
electoral system where voters vote for political parties, with the whole
country being considered as a single election constituency
85. Term of House of
Representatives:
(1) Unless dissolved earlier pursuant to this
• Constitution, the term of the House of Representatives shall be five
years.61
2) Notwithstanding anything contained in clause (1), the term of the
House of Representatives may be extended by a Federal Act for a
period not exceeding one year in cases where a proclamation or order
of a state of emergency is in effect.
(3) The term of the House of Representatives extended under clause
(2) shall ipso facto expire upon the expiry of six months from the date
of voidance of the proclamation or order of the state of emergency
86. Composition of National
Assembly and term of office of
its members:
(1) The National Assembly shall be a permanent House.
(2) The National Assembly shall consist of fifty nine members as
follows:
(a) fifty six elected members consisting of at least three women, one
Dalit and one from persons with disabilities or minorities, from each
State by an electoral college composed of members of the State
Assembly, chairpersons and vice-chairpersons of the Village Bodies,
and Mayors and Deputy-Mayors of the Municipalities, with different
weightage of vote by members of the State Assembly, chairpersons
and vice-chairpersons of the Village Bodies, and Mayors and Deputy-
Mayors of the Municipalities, as provided for in the Federal law,
b) Three members consisting of at least one woman nominated by the
President on recommendation of the Government of Nepal.
(3) The term of office of the members of the
National Assembly shall be six years. The
term of office of one third of the members of
the National Assembly shall expire in every
two years.
87. Qualification for member:
(1) A person who has the following qualification
shall be qualified to become a member of the
Federal Parliament:
(a) being a citizen of Nepal,
(b) having completed the age of twenty five years,
for the House of Representatives, and the age of
thirty five years, for the National Assembly,
(c) not having been convicted of a criminal offense
involving moral turpitude,
(d) not being disqualified by any Federal law, and
(e) not holding any office of profit.
75. Executive power:
(1) The executive power of Nepal shall, pursuant to this
Constitution and law, be vested in the Council of Ministers.
(2) The responsibility for issuing general directives,
controlling and regulating the governance of Nepal shall,
subject to this Constitution and law, lie in the Council of
Ministers.
(3) All Federal executive functions of Nepal shall be
performed in the name of the Government of Nepal.
(4) Any decision or order to be issued in the name of the
Government of Nepal pursuant to clause (3) and other
instruments of authorization pertaining thereto shall be
authenticated as provided for in the Federal law.
76. Constitution of Council of
Ministers:
(1) The President shall appoint the leader of a
parliamentary party that commands majority in the House
of Representatives as the Prime Minister, and the Council
of Ministers shall be constituted under his or her
chairpersonship.
(2) In cases where no party has a clear majority in the
House of Representatives under clause (1), the President
shall appoint as the Prime Minister a member of the House
of Representatives who can command majority with the
support of two or more parties representing to the House of
Representatives.
(3) In cases where Prime Minister cannot be appointed under clause
(2) no later than thirty days after the date of declaration of the final
results of election to the House of Representatives or the Prime
Minister so appointed fails to secure a vote of confidence under clause
(4), the President shall appoint as the Prime Minister the parliamentary
party leader of the party which has the highest number of members in
the House of Representatives.
(4) The Prime Minister appointed under clause (2) or (3) shall obtain a
vote of confidence from the House of Representatives no later than
thirty days after the date of such appointment.
(5) In cases where the Prime Minister appointed under clause (3) fails
to obtain a vote of confidence under clause (4) and any member under
clause (2) presents a ground on which he or she can obtain a vote of
confidence in the House of Representatives, the President shall
appoint such member as the Prime Minister.
(6) The Prime Minister appointed under clause (5) must obtain a vote of
confidence under clause (4).
(7) In cases where the Prime Minister appointed under
clause (5) fails to obtain a vote of confidence or the Prime
Minister cannot be appointed, the President shall, on
recommendation of the Prime Minister, dissolve the House
of Representatives and appoint a date of election so that
the election to another House of Representatives is
completed within six months.
(8) Procedures on the appointment of the Prime Minister
under this
Article must be completed no later than thirty five days after
the date of declaration of the final results of election to the
House of Representatives held under this Constitution or
the date on which the office of the Prime Minister has fallen
vacant.
• (9) The President shall, on
recommendation of the Prime Minister,
constitute the Council of Minister
comprising a maximum of twenty five
Ministers including the Prime Minister, in
accordance with the inclusive principle,
from amongst the members of the Federal
Parliament.
commissions
• see article 248 of constitution of nepal,2072 -
national human rights commission
• others commission - 252 to 264 = madhesi
commission , tharu commission , muslim
commission and others (see there)
• article 265- Review of Commissions: The
Federal Parliament shall, after ten years of
the commencement of this
Constitution,review the Commissions formed
under this Part.
key words
1)There shall be a ................. Commission of Nepal, consisting of a
Chairperson and a maximum of four other members.
(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and members of the .........Commission.
(3) The term of office of the Chairperson and members of the..........
Commission shall be six years from the date of appointment.
(4) Other matters relating to the qualification for the Chairperson and
members of the ................ Commission, circumstances in which their
offices fall vacant, their remuneration and conditions of service and the
functions, duties and powers of this Commission shall be as provided for
in the Federal law.
