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

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTSPart 7 is about the Constituent Assembly, which has the task of making a newconstitution for Nepal. It says members will be elected – some from constituencieswith one member each and some in party lists. The parties must be “inclusive" inchoosing candidates for the constituencies, and ensure proportionate representationof women, Dalits, indigenous tribes, people from backward regions, Madhesi andother groups in their lists for the second election. And overall at least one-thirdcandidates must be women. It says the Constituent Assembly will be in existence for2 years. It says members must have certain qualifications – same as for the Membersof the House. Like Parliament it will adopt its own rules. For passing the Constitutionthe aim is for consensus. But if someone votes against any proposed article of theconstitution, this must be referred to a meeting of party leaders to try to reachagreement. If this can't be achieved, an article in the new constitution has to havetwo-thirds support to be passed.Part 8 is called “legislative procedure" and is about how laws (except for the newConstitution) must be passed. Laws must be signed by the President (Laws used to besigned by the King, and after the Interim Constitution until the creation of the officeof President they were signed by the Speaker of the Legislature-Parliament). If thelagislature is not sitting and there is need for a law, the Government may pass an"Ordinance"- but it must later be passed by the legislature.Part 9 is about money – about financial procedure. No taxes can be raised, and nomoney borrowed by the Government without a law. All government money must bepaid into a central account, called the “Consolidated Fund", and nothing must bepaid out of it without authority under a law. Most expenditure will be made afterdiscussion in the annual budget. But certain expenses are automatically paid withoutsuch discussion – this is to prevent interference with certain offices, including thejudges of the Supreme Court. The chapter sets out the normal procedure for presentingan annual budget and having it approved by parliament. There are also specialsituations – like unexpected expenditure - which are given special procedures.20