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

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTS159. †Arrangements regarding the head of the state¤ (1) Nepal shall be a federal democratic republican state.(2) The implementation of [transition to] the republic shall be made at the firstmeeting of the Constituent Assembly.Provided that the Legislature Parliament may implement the republicprior to the elections to the Constituent Assembly if the king creates a seriousobstacle to the Constituent Assembly elections, by a motion in this regardpassed by at least a two-thirds majority of the existing members of theLegislature-Parliament. Such a motion shall be presented before the Legislature-Parliament in accordance with a decision of the Council of Ministers of theGovernment of Nepal.(3) No power to rule the country shall be vested in the King.(3A) All the functions pertaining to governance of the country shall be carriedout by the Prime Minister.(3B) The Prime Minister shall conduct all the functions of the head of the stateuntil the republic is implemented(4) The property of late King Birendra, late Queen Aishwarya and other membersof their family shall be brought under the control of the Government of Nepal,and a Trust shall be established to use the property for the benefit of the nation.(5) All the property acquired by King Gyanendra in the capacity of King (for instance:the palaces in different parts of the country, forests and national parks, heritage sitesof historical and anthropological importance etc.) shall be nationalized.† Amended on 2064 Paush 13 (28 December 2007) by the Interim Constitution of Nepal (Third Amendment) Act, 2064.Originally it read "Provisions regarding the King".¤ Amended on 2064 Paush 13 (28 December 2007) by the Interim Constitution of Nepal (Third Amendment) Act, 2064.Originally it read(1) No power to rule the country shall be vested in the King.(2) The Prime Minister shall perform all work pertaining to the governance and operation of the country.(3) Notwithstanding anything contained elsewhere in this Constitution, the Constituent Assembly shall decide by a simplemajority at its first meeting about whether or not to continue the monarchy in existence.Second Amendment adds:(3A) Notwithstanding anything in Clause (3), a majority of at least two-thirds of the total number of the existingmembers of the Legislature-Parliament may pass a resolution abolishing the monarchy if it concludes that the Kingposes serious obstacles to the election to the Constituent Assembly.(3B) A decision to submit a proposal pursuant to Clause (3.A) shall be made by the Council of Ministers and suchproposal shall be submitted to the Legislature-Parliament.250(Note: This Article has been amended three times.)