Article: Federal Legislature

• Main point: Establishes the Federal Legislature of Nepal, consisting of the House of
Representatives and the National Assembly, together forming the Federal Parliament.
Article 84: Composition of House of Representatives
• Clause (1): Sets the total number of representatives at 275, elected through two methods:
• Sub-clause (a): 165 members elected through a first-past-the-post system, one
from each of 165 constituencies.
• Sub-clause (b): 110 members elected through proportional representation, where
the country acts as a single constituency and voters choose parties.
• Clause (2): Mandates federal law to ensure representation of specific groups in the
proportional representation elections:
• Groups: Women, Dalit, indigenous nationalities (Aadibasi Janajati), Khas Arya
(Kshetri, Brahmin, Thakuri, Sanyasi communities), Madhesi, Tharu, Muslims,
and people from backward regions.
• Basis: Representation based on population, geography, and regional balance.
• Clause (3): Requires political parties to consider representation for persons with
disabilities when nominating candidates.
• Clause (4): Establishes secret ballot elections for the House of Representatives.
• Clause (5): Grants voting rights to Nepali citizens aged 18 and above in one constituency
as per federal law.
• Clause (6): Allows eligible individuals (meeting Article 87 qualifications) to be
candidates in any constituency but not in multiple constituencies simultaneously.
• Clause (7): Specifies that if a seat becomes vacant with more than six months remaining
in the term, it will be filled through the same electoral system used previously.
• Clause (8): Guarantees at least one-third representation of women from each political
party in the Federal Parliament.
• If this quota isn't met through direct elections, parties must ensure it through
proportional representation nominations.
• Clause (9): Defers to federal law for details on the election process and related matters
for the House of Representatives.
Article 85: Term of House of Representatives
• Clause (1): Sets a five-year term for the House of Representatives unless dissolved
earlier as per the Constitution.
 • Clause (2): Allows for a one-year term extension through a Federal Act during a state of
emergency.
• Clause (3): States that any term extension automatically expires six months after the state
of emergency is revoked.
Article 86: Composition of National Assembly and Term of Office of its Members
• Clause (1): Establishes the National Assembly as a permanent house.
• Clause (2): Sets the National Assembly membership at 59, divided as follows:
• Sub-clause (a): 56 members elected by an electoral college (members of
Provincial Assembly, local government leaders), with at least three women, one
Dalit, and one person with disabilities or from minorities from each province.
• Sub-clause (b): Three members nominated by the President based on the
government's recommendation, including at least one woman.
• Clause (3): Sets a six-year term for National Assembly members, with one-third retiring
every two years.
• Initially, retirement will be decided by lots to stagger terms.
• Clause (4): Defines the term commencement date for initial members as the day of the
first National Assembly session.
• Clause (5): States that vacancies will be filled through the same election or nomination
method used previously.
• Clause (6): Defers to federal law for details regarding National Assembly elections.
Article 87: Qualifications for Member
• Clause (1): Outlines eligibility criteria for Federal Parliament membership:
• Sub-clause (a): Nepali citizenship.
• Sub-clause (b): Minimum age of 25 for House of Representatives, 35 for
National Assembly.
• Sub-clause (c): No convictions for crimes involving moral turpitude.
• Sub-clause (d): No disqualification by federal law.
• Sub-clause (e): Not holding an "office of profit" (non-political position with
government remuneration).
• Clause (2): Prohibits simultaneous membership in both Houses.
• Clause (3): States that holding an elected or appointed political office automatically ends
upon taking oath as a Federal Parliament member.
Article 88: Oath
• Main point: Requires every Federal Parliament member to take an oath before
participating in meetings or committees.
Article 89: Vacation of Seat
• Main point: Lists circumstances under which a Federal Parliament member's seat
becomes vacant:
• Resignation.
• Loss of qualifications.
• Term expiration.
• Absence in ten consecutive meetings without notice.
• Defection from the party (as notified by the party).
• Death.
Article 90: Decision as to Disqualification of Member
• Main point: Empowers the Constitutional Bench of the Supreme Court to decide on
disqualification questions.
Article 91: Speaker and Deputy Speaker of House of Representatives
• Clause (1): Requires election of a Speaker and Deputy Speaker within 15 days of the
first House of Representatives meeting.
• Clause (2): Ensures one woman is among the Speaker and Deputy Speaker, and they
represent different parties.
• Clause (3): Specifies the process for filling vacancies in these positions.
• Clause (4): Defines the Deputy Speaker's role in the Speaker's absence.
• Clause (5): Establishes the senior-most member as presiding officer in the absence of the
Speaker and Deputy Speaker.
• Clause (6): Lists circumstances under which the Speaker or Deputy Speaker's office
becomes vacant.
Article 92: Chairperson and Vice-Chairperson of National Assembly
• Clause (1): Requires election of a Chairperson and Vice-Chairperson within 15 days of
the first National Assembly meeting.
• Clause (2): Ensures one woman is among the Chairperson and Vice-Chairperson.
• Clause (3): Specifies the process for filling vacancies in these positions.
 • Clause (4): Defines the Vice-Chairperson's role in the Chairperson's absence.
• Clause (5): Establishes the senior-most member as presiding officer in the absence of the
Chairperson and Vice-Chairperson.
• Clause (6): Lists circumstances under which the Chairperson or Vice-Chairperson's
office becomes vacant.
Article 93: Summoning and Prorogation of Session
• Clause (1): Requires the President to summon a session of the Federal Parliament within
30 days of the House of Representatives election results.
• Clause (2): Allows the President to prorogue sessions of either or both Houses.
• Clause (3): Enables one-fourth of the House of Representatives members to request a
session during prorogation or recess.
Article 94: Quorum
• Main point: Requires one-fourth of the total members to be present for a decision in
either House.
Article 95: Address by President
• Clause (1): Allows the President to address either House or a joint sitting.
• Clause (2): Mandates the President to address the first session after the House of
Representatives election and a joint sitting at the start of each year.
Article 96: Deputy Prime Minister, Minister, Minister of State, and Assistant Minister
Entitled to Take Part in Both Houses
• Main point: Allows Deputy Prime Ministers, Ministers, Ministers of State, and Assistant
Ministers to attend and participate in proceedings and deliberations of both Houses of the
Federal Parliament and their committees.
• Exception: These individuals cannot vote in a House or committee where they are not
members.
Article 97: Constitution of Committees
• Clause (1): Allows the House of Representatives and the National Assembly to form
committees as per federal law.
• Clause (2): Establishes a procedure for creating joint committees:
• Either House can pass a resolution demanding a joint committee.
• Purpose: Manage inter-house procedures, resolve bill disagreements, or perform
other specified functions.
 • Composition: Maximum 25 members (5 House of Representatives members for
every 1 National Assembly member) based on the principle of inclusion.
Article 98: Transaction of Business in Case of Vacancy of Seat of a Member
• Main point: Confirms that either House of the Federal Parliament can continue its
business despite a vacant seat.
• Further point: No proceedings are invalidated even if it's later discovered that an
ineligible person participated.
Article 99: Voting
• Main point: Establishes a majority vote by members present as the standard decision-
making process in both Houses, unless otherwise specified in the Constitution.
• Exception: The presiding officer does not vote unless there's a tie, in which case they
have a casting vote.
Article 100: Provisions Relating to Vote of Confidence and Motion of No Confidence
• Clause (1): Allows the Prime Minister to table a vote of confidence motion in the House
of Representatives to demonstrate their majority support whenever deemed necessary.
• Clause (2): Requires the Prime Minister to table a vote of confidence motion within 30
days if:
• Their representing political party splits.
• A coalition partner withdraws support.
• Clause (3): States that the Prime Minister is relieved of their office if a confidence
motion (as per clauses 1 & 2) fails to achieve a majority in the House of Representatives.
• Clause (4): Allows one-fourth of House of Representatives members to table a no-
confidence motion against the Prime Minister, with some restrictions:
• Cannot be tabled during the first two years after the Prime Minister's appointment.
• Cannot be tabled within one year of a failed no-confidence motion.
• Clause (5): A no-confidence motion must also propose an alternative Prime Ministerial
candidate from the House of Representatives.
• Clause (6): The Prime Minister is relieved of their office if a no-confidence motion
passes with a majority vote in the House of Representatives.
• Clause (7): If a no-confidence motion leads to a vacancy, the President appoints the
proposed candidate from the motion as the new Prime Minister, following Article 76.
Article 101: Impeachment
 • Clause (1): Outlines the impeachment process for the President or Vice-President:
• One-fourth of House of Representatives members can initiate the motion based on
serious constitutional or legal violations.
• Requires a two-thirds majority vote in both Houses for removal from office.
• Clause (2): Outlines the impeachment process for the Chief Justice, Supreme Court
Justices, Judicial Council members, or Constitutional Body heads:
• One-fourth of House of Representatives members can initiate the motion based on
serious dereliction of duty, constitutional or legal violations, incompetence,
misconduct, dishonesty, or code of conduct violations.
• Requires a two-thirds majority vote in the House of Representatives for removal
from office.
• Clause (3): Establishes an Impeachment Recommendation Committee within the House
of Representatives to investigate grounds for impeachment against those mentioned in
Clause (2).
• Clause (4): The Impeachment Recommendation Committee will have eleven members
from the House of Representatives.
• Clause (5): Specifies the process for submitting an impeachment motion:
• Requires certification by at least three House of Representatives members that the
complaint is admissible.
• Needs a recommendation from the Impeachment Recommendation Committee
after their investigation.
• Clause (6): Once impeachment proceedings begin (as per Clause 2), the accused official
cannot perform their duties until the proceedings are resolved.
• Clause (7): Guarantees the accused individual a reasonable opportunity to defend
themselves during the impeachment process.
• ** Clause (8):** Clarifies that impeachment does not preclude further legal action for
any offenses committed while in office.
• Clause (9): States that an individual relieved of their office through impeachment is not
entitled to any benefits from that office and cannot be appointed to any public office in
the future.
• Clause (10): Delegates other impeachment-related matters to federal law.
Article 102: Penalty for Unauthorized Presence or Voting
• Main point: Imposes a fine of 5,000 rupees for each instance of unauthorized presence
or voting in either House or their committees, recoverable as a government due.
Article 103: Privileges
• Clause (1): Ensures freedom of speech in both Houses, protecting members from arrest,
detention, or prosecution for their expressions or votes.
• Clause (2): Grants each House the power to regulate its internal business and decide on
the regularity of its proceedings, with no court intervention allowed.
• Clause (3): Prohibits comments on the good faith of any House proceedings and
intentional distortion or misinterpretation of speeches.
• Clause (4): Extends these protections to non-members participating in House meetings.
• Clause (5): Safeguards against court proceedings for publications authorized by either
House.
• Clause (6): Protects members from arrest during sessions, except for criminal charges
under federal law, and requires immediate notification to the presiding officer.
• Clause (7): Defines any breach of privileges as contempt of the Federal Parliament,
giving the concerned House exclusive jurisdiction to decide on such breaches.
• Clause (8): Allows the presiding officer to impose penalties (admonishment, warning,
imprisonment up to three months, or a fine up to 10,000 rupees) for contempt, with the
option for pardon, remission, or commutation upon apology.
• Clause (9): Delegates other matters related to Federal Parliament privileges to federal
law.
Article 104: Procedures Relating to Conduct of Business
• Clause (1): Mandates each House to frame rules for conducting business, maintaining
order, and regulating committees and procedures.
• Clause (2): Establishes that the conduct of joint sittings and joint committees will be
regulated by rules approved by both Houses.
Article 105: Restriction on Discussion
• Main point: Prohibits discussions in either House that could adversely affect the
dispensation of justice in sub judice cases or judicial acts by judges.
• Exception: Allows for the expression of opinions on a judge's conduct during
impeachment deliberations.
Article 106: Secretary General and Secretary of Federal Parliament
• Clause (1): Specifies the appointment process for the Secretary General of the House of
Representatives, the Secretary of the House of Representatives, and the Secretary of the
National Assembly.
 • Clause (2): Delegates the qualification, functions, duties, powers, and service conditions
of these secretaries to federal law.
Article 107: Secretariat of Federal Parliament
• Main point: Establishes a Secretariat for the Federal Parliament to manage its business,
with details to be specified in federal law.
Article 108: Remuneration
• Main point: Specifies that the remuneration and facilities for the Speaker, Deputy
Speaker, Chairperson, Vice-Chairperson, committee chairpersons, and members of the
Federal Parliament will be as provided in federal law, or as specified by the Government
of Nepal until such law is enacted.