The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTSPART 5THE EXECUTIVE37. Executive power(1) The executive power of Nepal shall, pursuant to this Constitution andother laws, be vested in the Council of Ministers.(2) The responsibility for issuing general directives, controlling and regulatingthe administration of Nepal shall, subject to this Constitution and other laws,lie in the Council of Ministers.(3) The executive functions of Nepal shall be exercised in the name of theGovernment of Nepal.(4) Any decision or order or implementation warrant to be issued in the nameof the Government of Nepal, pursuant to clause (3) above, shall be authenticatedas prescribed by law.38. Constitution of the Council of Ministers(1) The Prime Minister shall be selected by political consensus and the Councilof Ministers shall be formed under the chairpersonship of the Prime Minister.#(2) If consensus cannot be reached pursuant to clause (1), the Prime Ministershall be elected by a majority of ## the total number of the members present of theLegislature-Parliament.(3) The structure of, and allocation of portfolios to, the Interim Council ofMinisters shall be determined by consensus.(4) The Council of Ministers shall consist of a Deputy Prime Minister andother Ministers as required.100#Removed on 2065 Ashad 28 (July 12, 2008) by the Interim Constituion of Nepal (Fifth Amendment) Act, 2065. Originallyread. Explanation: For the purpose of this Consitution "political consensus" means the political consensus reached between theseven political parties - Nepali Congress, Communist Party of Nepal (UML), ** Janamorcha Nepal, Nepal Sadbhawana Party(Anandidevi), Nepal Majdur Kisan Party, Samyukta Bam Morcha Nepal - Communist Party of Nepal (Maoist) on 22 Kartik2063 (November 8, 2006)** The words Nepali Congress (Democratic) is deleted on 2064 Poush 13 (28 December 2007) by the Interim Constitution ofNepal (Third Amendment)## Amended on 2065 Ashad 28 (July 12, 2008) by the Interim Constitution of Nepal (Fifth Amendment) Act, 2065. Originallyread: Two-thirds of the members .