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

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTS(7) During the time of the Proclamation or Order of the State of Emergencymade *by the President, pursuant to clause (1), the fundamental rights providedin Part 3 may be suspended so long as the Proclamation or Order is in operation.Provided that clauses (1), (2) of article 12 and sub-clauses (c) and (d) ofclause (3), Article 13 and 14, clause (2) and (3) of Article 15, Article 16, 17, 18,20, 21, 22, 23, 24, 26, 29, 30 and 31 and the right to constitutional remedyrelated to Article 32 and the right to Habeas Corpus shall not be suspended.(8) In circumstances where any Article of this Constitution is suspendedpursuant to clause (7) above, no petition may be made in any court of law, norany question be raised for the enforcement of the fundamental rights conferredby such Article.(9) If, during the continuance of a Proclamation or Order pursuant to clause(1), any damage is inflicted upon any person by an act of any official done incontravention of law or in bad faith, the affected person may, within threemonths from the date of termination of the Proclamation or Order, file a petitionfor compensation for the said damage, and if the court finds the claim valid, itshall cause the compensation to be paid.(10) **The President on the recommendation of the Council of Ministers may, atany time during its continuance, revoke the Proclamation or Order relating tothe State of Emergency pursuant to clause (1).*Amended on 2065 Jestha 15 (May 28, 2008) by the Interim Constitution of Nepal (Fourth Amendment) Act, 2065. Originallyread: by the Council of Ministers of the Government of Nepal**Amended on 2065 Jestha 15 (May 28, 2008) by the Interim Constitution of Nepal (Fourth Amendment) Act, 2065.Originally read: the Council of Ministers of the Government of Nepal226