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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*PART (4A)THE PRESIDENT AND VICE-PRESIDENT36A. President:(1) <strong>The</strong>re shall be a President in <strong>Nepal</strong>.(2) <strong>The</strong> President shall be the Head <strong>of</strong> State and shall perform his/her dutiesin that capacity according to this <strong>Constitution</strong> and laws in force.(3) <strong>The</strong> main responsibility <strong>of</strong> the President shall be to protect and adhere tothe <strong>Constitution</strong>.#36B. Election <strong>of</strong> the President:(1) <strong>The</strong> Constituent Assembly shall elect the President on the basis <strong>of</strong> politicalconsensus.(2) If a consensus could not be reached according to Clause (1), the candidatewho receives a majority <strong>of</strong> the votes <strong>of</strong> the total members present in theAssembly shall be considered elected to the post <strong>of</strong> the President.(3) <strong>The</strong> other procedures relating to the election <strong>of</strong> the President shall be asdetermined by the Constituent Assembly.(4) If any individual who is elected to the position <strong>of</strong> the President alreadyholds a political position through election, nomination or appointment, theposition held by such a person automatically becomes vacant.36C. Term <strong>of</strong> the President:<strong>The</strong> President shall continue in <strong>of</strong>fice until the new constitution ispromulgated by the Constituent Assembly.36D. Qualifications <strong>of</strong> the President:A person shall be eligible to be President if she/he fulfils the followingqualifications:(a)She/he is eligible to be a member <strong>of</strong> the Constituent Assembly; and(b) She/he has attained at least 35 years <strong>of</strong> age.94*Part (4A) added on 2065 Jestha 15 (May 28, 2008) by the <strong>Interim</strong> <strong>Constitution</strong> <strong>of</strong> <strong>Nepal</strong> (Fourth Amendment) Act, 2065.# Amended on 2065 Ashad 28 (July 12, 2008) by the <strong>Interim</strong> <strong>Constitution</strong> <strong>of</strong> <strong>Nepal</strong> (FifthAmendment) Act 2065. Originallyread 36b. Election <strong>of</strong> the Prewdent: <strong>The</strong> Constituent Assembly shall elect the President.

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