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

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

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

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THE INTERIM CONSTITUTION OF NEPAL, <strong>2063</strong> (<strong>2007</strong>)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTS(2) <strong>The</strong> appointment <strong>of</strong> the Chairperson and members <strong>of</strong> the ConstituencyDelimitation Commission shall be done by the Government <strong>of</strong> <strong>Nepal</strong>.(3) <strong>The</strong> term <strong>of</strong> <strong>of</strong>fice <strong>of</strong> the Constituency Delimitation Commission shall beas determined by the Government <strong>of</strong> <strong>Nepal</strong> at the time <strong>of</strong> the formation <strong>of</strong>the Commission, and the term may be extended, if required, by theGovernment <strong>of</strong> <strong>Nepal</strong>.(4) Notwithstanding anything contained in Clause (1), no individual shall bedeemed eligible to be appointed to the position <strong>of</strong> Chairperson or member<strong>of</strong> the Constituency Delimitation Commission unless he/she.(a) holds at least a Master's Degree in a relevant subject from a universityrecognized by the Government <strong>of</strong> <strong>Nepal</strong>,(b) is at least forty-five years <strong>of</strong> age, and(c) is <strong>of</strong> high moral character.(5) <strong>The</strong> position <strong>of</strong> the Chairperson or member <strong>of</strong> the ConstituencyDelimitation Commission shall be deemed vacant if -(a) he or she submits a resignation in writing to the Prime Minister,(b) he or she dies.(6) <strong>The</strong> Constituency Delimitation Commission, while delimiting theconstituencies, shall determine the number <strong>of</strong> members to be elected on thebasis <strong>of</strong> the population <strong>of</strong> each district in accordance with Clauses (3) and(3a) <strong>of</strong> Article 63, maintaining as far as practicable proportionality betweenthe number <strong>of</strong> members and the population <strong>of</strong> the districts, and fix thenumber <strong>of</strong> constituencies for election <strong>of</strong> members <strong>of</strong> the ConstituentAssembly accordingly.(7) While delimiting the electoral constituencies pursuant to Clause (6), on thebasis <strong>of</strong> equality <strong>of</strong> population, geographical convenience and specialcharacteristics, attention shall be paid to the boundary <strong>of</strong> each administrativedistrict, geographical conditions, population density, transportation facilities, andthe communal and cultural characteristics <strong>of</strong> the people living in such districts.(8) Notwithstanding anything in Clause (7) the number <strong>of</strong> electoralconstituencies in each administrative district shall not be fixed below thenumber <strong>of</strong> constituencies that existed at the time <strong>of</strong> the commencement <strong>of</strong>this <strong>Constitution</strong>.240

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