Chapter: 7, The executive:

Note of Chapter: 7, The executive: (from exam perspective)

In Nepal executive consist of president as ceremonial head of state. (Article 61, 62(2)) and the cabinet headed by prime ministers as a head of government (Article 75). 

Constitutional position of head of state: (Article 61 to 73)

  • The president of Nepal is the ceremonial head of the state. 
  • Duty of president shall be abide by and protect the constitution. 
  • President shall promote the national unity of Nepal 61(3). 
  • President is elected by electoral college ‘consisting of all members of federal parliament and state legislatures. 
  • The term of office of president shall be 5 years (Article 63)

 

Qualification of president (Article 64):

  • Member of federal parliament 
  • Above 45 years of age.
  • Not disqualify by law.

Vacant of office of president (Article 65):

  • Written resignation to vice-president.
  • Impeachment (According to Article101)
  • Terms of office expire. 
  • Dies. 

 

Function, Duties and power of president (Article 66): 

  • Power and duty exercise according to the constitution or federal law. 
  • Except as otherwise provided by constitution the president, must act on the advice of cabinet through the prime minister. 
  • Any decision or order issue in the name of president shall be as provided by the law. 

 

Formation of government with focus on Nepal:

Article 76:

  • Prime minister is appointed by president from the member of lower house per Article 76. 
  • 25-member cabinet is headed by PM.
  • Cabinet is formed by president on the recommendation of prime minister (Article, 76 (9)).

Responsibility and accountability of government and role and function of PM and council of ministers:

The cabinet (council of Ministers) is accountable to the lower house of the parliament. 

In case of losing majority, the cabinet is dismissed through motion of no-confidence. (Article 100). 

The responsibility of controlling and regulating the governance of Nepal lies in council of minister. 

All federal executive function to be performed by government. 

Prime minister shall inform president about following matters: (Article 81). 

  • Resolution of the council of ministers. 
  • Bills to be introduced in federal parliament.
  • Current general state of affairs of country.
  • Matter concerning foreign relations. 

                                                                                                                                                                                                      Prepared and Edited By: Manish Rajak & Madhu Dahal 

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