Functions, duties and powers of the President as per the Constitution of Nepal

Part 6 of the Constitution of Nepal contains following provisions related to the President:

  • Article 61 (1) – There shall be a President of Nepal.
  • Article 61 (2) – The President shall be the head of state of Nepal. He or she shall perform his or her functions in accordance with this Constitution and the Federal law.
  • Article 61 (3) – The President shall promote the national unity of Nepal.
  • Article 61 (4) – The main duty of the President shall be to abide by and protect the Constitution
  • Article 66 (1) – The President shall exercise such powers and perform such duties as conferred on him or her in accordance with this Constitution or the Federal law.
  • Article 66 (2) – In exercising the powers or duties under clause (1), the President shall perform all other functions to be performed by him or her on recommendation and with the consent of the Council of Ministers than those functions specifically provided to be performed on recommendation of any institution or official under this Constitution or Federal Law. Such recommendation and consent shall be submitted through the Prime Minister.
  • Article 66 (3) – Any decision or order to be issued in the name of the President under clause (2) – and other instrument of authorization pertaining thereto shall be authenticated as provided for in the Federal law

Role of President according to the Constitution of Nepal

  • Part-4 Article 53 – The Government of Nepal shall submit to the President an annual report containing the steps taken and achievements made in the implementation of the directive principles, policies and obligations of the State set forth in this Part, and the President shall cause such report to be laid through the Prime Minister before the Federal Parliament.
  • Part-6 Article 68 (a) –The Vice-president may tender resignation in writing to the President,
  • Part-6 Article 71 –   Prior to assuming the office, the Vice- President shall take an oath of office and secrecy before the President.
  • Part-7 Article 76 (1) – The President shall appoint the leader of the parliamentary party that commands a majority in the House of Representatives as the Prime Minister, and the Council of Ministers shall be constituted under his or her chairpersonship.
  • Part-7 Article 76 (7) – In cases where the Prime Minister appointed pursuant to clause (5) – fails to secure a vote of confidence or the Prime Minister cannot be appointed, the President shall, on recommendation of the Prime Minister, dissolve the House of Representatives and appoint a date of election so that the election to another House of Representatives is completed within six months.
  • Part-7 Article 77(1 a) – The Prime Minister may tender resignation in writing to the President
  • Part 7 Article 80 – The Prime Minister, Deputy Prime Minister and Ministers shall prior to assuming their respective offices take an oath of office and secrecy before the President.
  • Part 7 Article 81 – The Prime Minister shall inform the President on the follocwing matters: (a) Resolutions of the Council of Ministers (b) Bills to be introduced in the Federal Parliament (c) Such other necessary information as commanded by the President on matters set forth in clauses (a) and (b) and (d) Current general state of affairs of Nepal and matters concerning foreign relations.
  • Part-8 Article 86 sub-article.
  • 2(b) The President shall nominate three members consisting of at least one woman in to national assembly on recommendation of the Government of Nepal.
  • 93(1) The President shall summon a session to the Federal Parliament within 30 days of the declaration of final results of the election to the House of Representatives. Thereafter, the President shall from time to time summon sessions of both or either of the Houses in accordance with this constitutions
  • 93 (2) the president may prorogue the sessions of both or either of the Houses of the Federal Parliament.
  • 93 (3) – In Case, during the prorogation or recess of the session of the House of Representatives, one-fourth of the total number of its members submit a requisition in writing that it is appropriate to convene a session or meeting, the President shall specify the date and time for such session or meeting. The House of Representatives shall meet or commence its session at the date and time so specified.
  • Part-8 Article 95 (1) – The President may address either a meeting of any House or a joint sitting of both Houses of the Federal Parliament, and may summon the members for that purpose.
  • Part-8 Article 95 (2) – The President shall address the first session after election to the House of Representatives and a joint sitting of both Houses of the Federal Parliament after the commencement of the first session of each year.
  • Part Article 106 (1) – The President shall appoint the Secretary General of the House of Representatives on recommendation of both the Speaker of the House of Representatives and the Chairperson of the National Assembly, the Secretary of the House of Representatives on recommendation of the Speaker, and the Secretary of the National Assembly on recommendation of the Chairperson.
  • Part 9 Article 113 – Authentication of Bills
  • Part 9 Article 114 (1) In case, at any time, except when both Houses of the Federal Parliament are in session, circumstances exist which render it necessary to take immediate action, the President may, on recommendation of the council of ministers promulgate an ordinance
  • Part 9 Article 129 (2) – The President shall appoint the Chief Justice, on recommendation of the Constitutional Council and other justices of the Supreme Court, on recommendation of the Judicial Council.
  • Part 11 Article 131 (1) -The Chief Justice may tender resignation in writing to the President
  • Part 11 Article 138 (1) – The Supreme Court, Judicial Council and Judicial Service Commission shall submit every year, annual reports to the President, and the President shall submit such reports to the Federal Parliament through the Prime Minister.
  • Part 11 Article 153 (1) – Appointing a jurist for the Judicial Council on the recommendation of the Prime Minister as per the sub-article 1 (d) and a senior advocate or advocate who has gained at least 20 years of experience on the recommendation of the Nepal Bar Association as per the sub-article 1 (e)
  • Part 12 Article 157 (2) – The President shall, on recommendation of the Prime Minister, appoint the Attorney General.
  • Part 12 Article 157 sub-article 4 (b) –Relieve the Attorney General from the post on the recommendation of the Prime Minister
  • Part 12 Article 163 (2) – The President shall appoint one Chief of Province for each Province
  • Part 12 Article 165 Sub article 1 (a) –The Chief of Province may tender resignation in writing to the President and (b) may be removed from the post by the President prior to expiration of the term.
  • Part 12 Article 165 (2) – In case the office of the Chief of Province of any Province falls vacant, the President may so designate the Chief of Province of another Province to act as such also for such Province.
  • Part 13 Article 167. The Chief of Province shall, prior to assuming office, take an oath of office and secrecy before the President as provided for in the federal law.
  • Part 20 Article 232 (3) – In case any type of act that may seriously undermine the sovereignty, territorial integrity, nationality or independence of Nepal is carried out in any Province, the President may, as required, warn such Provincial Council of Ministers, suspend the Provincial Council of Ministers and the Provincial Assembly for a period not exceeding six months or dissolve them
  • Part 21 Article 238 (2) – The President shall, on recommendation of the Constitutional Council, appoint the Chief Commissioner and Commissioners of Commission for the Investigation of Abuse of Authority
  • Part 22 Article 240 (2) – The President shall, on the recommendation of the Constitutional Council, appoint the Auditor General.
  • Part 23 Article 242 (2) – The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and Members of Public service Commissions.
  • Part 24 Article 245 (2) – The President shall, on the recommendation of the Constitutional Council, appoint the Chief Election Commissioner and Commissioners of the Election Commission.
  • Part 25 Article 248 (2) – The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National Human Rights Commission
  • Part 26 Article 250 (2) – The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National Natural Resources and Fiscal Commission.
  • Part 27 Article 252 (2) – The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National Women Commission.
  • Part 27 Article 255 (2) – The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National Dalit Commission.
  • Part 27 Article 258 (2) – The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National Inclusion Commission.
  • Part 27 Article 261 (2) – The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Indigenous Nationalities Commission.
  • Part 27 Article 262 (2) – The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Madhesi Commission
  • Part 27 Article 263 (2) – The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Tharu Commission.
  • Part 27 Article 264 (2) – The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Muslim Commission.
  • Part 28 Article 266 (3) – The National Security Council shall submit its annual report to the President, and the President shall cause the report to be laid through the Prime Minister before the Federal Parliament.
  • Part 28 Article 267 (2) – The President shall be the Supreme Commander of the Nepal Army
  • Part 28 Article 267 (5) – The President shall, on recommendation of the Council of Ministers, appoint The Chief of the army staff and remove him or her from office.
  • Article 267 (6) – The President shall, in accordance with a decision of Government of Nepal, Council of ministers on recommendation of the National Security Council, declare the mobilization of the Nepal army in case where a grave emergency arises in regard to the sovereignty or territorial integrity of Nepal or the security of any part thereof, by war, external aggression, armed rebellion or extreme economic disarrays. A declaration of the mobilization of the Nepal Army shall be required to be approved by the House of Representatives within one month after the date of such declaration.
  • Part 30 Article 273 clause (1) – Incase a grave emergency arises in sovereignty, territorial integrity or the security of any part of Nepal by the season of war, external aggression, armed rebellion, extreme economic disarray, natural disaster or epidemic, the President may, by proclamation, declare or order a state of emergency in respect of the whole of Nepal or of any specified part thereof.
  • Article 273 (9) – The president may, after the issuance of a proclamation or order of a state of emergency pursuant of clause (1) issue such orders as are necessary to meet the exigencies. Orders so issued shall be operative with the same force & effect as law so long as the state of emergency is in operation. The state of emergency is in operation. Clause (13) – The President may, at any time, withdraw a proclamation or order of a state of emergency issuance pursuant to this article.
  • Part 31 Article 274 (10) The President shall authenticate the bill submitted pursuant to clause (9) within fifteen days from the date of its receipt & the Constitution shall get amended from the date of authentication.
  • Part 32 Article 276 The President may, in accordance with law, grant pardons, suspend, commute or remit any sentence passed by any Court, judicial or quasi-judicial institutions administrative authority or institution
  • Part 32 Article 277 (1) – The President shall confer titles, honors and decorations to be conferred on behalf of the State.
  • Part 32 Article 282 (1) – The President may, on the basis of the principle of inclusion, appoint Nepalese ambassadors, and special emissaries for any specific purposes.
  • Part 32 Article 282 (2) – The President shall receive letters of credentials from foreign ambassadors and diplomatic representatives.
  • Part 32 Article 294 (1) – Every Constitutional Body in accordance with this Constitution shall submit an annual report of its functioning to the President, and the President shall cause that report to be laid through the Prime Minister before the Federal Parliament
  • Part 33 Article 305 – In case any difficulty arises in connection with the implementation of this Constitution until the commencement of the first session of the Federal Parliament, upon being elected in accordance with this Constitution, the President may, on the recommendation of the Government of Nepal, Council of Ministers, issue necessary orders to remove such difficulty; and such orders shall be submitted to the Legislature-Parliament or Federal Parliament, held immediately after the issue such orders, for approval