Excerpts from the 2046 Constitution of Nepal

Author:

Excerpts from the 2046 Constitution of Nepal relevant to His Majesty and his succession is quoted here. For the entire Constitution click here.

PART 5

HIS MAJESTY
27. His Majesty: (1) In this Constitution, the words “His Majesty” mean His Majesty the King for the time being reigning, being a descendant of the Great King Prithvi Narayan Shah and an adherent of Aryan Culture and the Hindu Religion. (2) His Majesty is the symbol of the Nepalese nationality and the unity of the Nepalese people. (3) His Majesty is to preserve and protect this Constitution by keeping in view the best interests and welfare of the people of Nepal.

28. Provision Relating to Succession to the Throne: (1) Nothing in this Constitution shall affect the custom, usage and tradition relating to the order of succession to the Throne by the descendants of His Majesty. (2) His Majesty shall have the exclusive power of enacting, amending and repealing the law relating to the succession to the Throne by His descendants.

29. Expenditures and Privileges relating to His Majesty and the Royal Family: Expenditures and privileges relating to His Majesty and the Royal Family shall be as determined by law: Provided that no law shall be made having the effect of reducing the expenditures and privileges being provided by the existing law.

30. Income and Property of His Majesty to be Exempt from Tax and Inviolable: (1) The income and personal property of His Majesty shall be exempt from all kinds of tax, fee or other similar charge. (2) The property of His Majesty shall be inviolable.

31. Question not to be Raised in Courts: No question shall be raised in any court about any act performed by His Majesty: Provided that nothing in this Article shall be deemed to restrict any right under law to initiate proceedings against His Majesty’s Government or any employee of His Majesty.

….

PART 6

RAJ PARISHAD 34. Raj Parishad:[5] (1) His Majesty shall constitute a Raj Parishad, the functions of which shall be as set forth in this Constitution.
(2) The Raj Parishad shall consist of the following members:
(a) Members of the Royal Family as designated by His Majesty;
(b) Prime Minister Ex-Officio Member;
(c) Chief Justice Ex-Officio Member;
(d) Speaker of the House of Representatives Ex-Officio Member;
(e) Chairman of the National Assembly Ex-Officio Member;
(f) Chairman of the Standing Committee of the Raj Parishad Ex-Officio Member;
(g) Deputy Prime Minister Ex-Officio Member;
(h) Ministers Ex-Officio Member
(i) Leader of the opposition in the House of Representatives Ex-Officio Member;
(j) Field Marshal Ex-Officio Member;
(k) Bada Gurujyu Ex-Officio Member;
(l) Commander-in-Chief Ex-Officio Member;
(m) Mukhya Shahebjyu Ex-Officio Member;
(n) Chief Commissioner of the Commission for the Investigation of Abuse of Authority Ex-Officio Member;
(o) Auditor-General Ex-Officio Member;
(p) Chairman of the Public Service Commission Ex-Officio Member;
(q) Chief Election Commissioner Ex-Officio Member;
(r) Attorney-General Ex-Officio Member;
(s) Mukhya Chautariya Ex-Officio Member;
(t) Principal Secretary or Secretary of His Majesty Ex-Officio Member;
(u) Chief Secretary of His Majesty’s Government Ex-Officio Member;
(v) Inspector General of Police Ex-Officio Member; and
(w) Such other members as His Majesty may designate from among persons who, being renowned in different fields of national life, or who, having rendered distinguished service, are considered fit to be members of the Raj Parishad.
….

(5) The Chairman of the Standing Committee of the Raj Parishad shall summon a meeting of the Raj Parishad in the following circumstances and such meeting shall be conducted under his Chairmanship: (a) on the demise of His Majesty or if His Majesty proclaims His abdication. (b) if at least one-fourth of the total number of members of the Raj Parishad sign a requisition declaring that His Majesty is unable, by reason of mental or physical infirmity, to perform his functions .

(7) If a meeting of the Raj Parishad, summoned under sub-clause (b) of Clause (5) with the object of deciding whether His Majesty is mentally or physically incapacitated, passes a resolution confirming such incapacity by a majority of two-thirds of its total membership, the meeting of the Raj Parishad shall proclaim the Crown Prince to be the Regent if He has attained the age of eighteen years, and in other circumstances, it shall, subject to rules made by His Majesty, proclaim a Regent or Council of Regency: Provided that the Regency or Council of Regency proclaimed under this clause shall, subject to rules made by His Majesty, dissolve on the demise of or abdication by His Majesty, or on His Majesty informing the Raj Parishad that he is fit to resume the Royal functions.

(8) A Regent or Council of Regency proclaimed under clauses (6) or (7) shall not have any power to decide or to give approval to anything which shall be prejudicial to the interest of His Majesty or His successor. (9) Nothing in clauses (6) and (7) shall prevent the heir apparent to His Majesty from exercising the powers of the Throne pending a proclamation to that effect.

Comments

comments

s