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House of Representatives Proclamation
On May 17, 2006, the House of Representatives (HoR)
passed a proposal, tabled by Prime Minister Girija Prasad Koirala,
depriving the King of privileges enjoyed by him and declaring the reinstated
House as “supreme.” Following is the full text of the Proclamation. |
1. LEGISLATIVE
1.1 All the rights regarding
the legislative body of Nepal shall be exercised through the House of
Representatives. The procedures for formulating laws shall be as specified
by the House of Representatives.
1.2 The procedures for moving on the path of Constituent Assembly shall
be as fixed by the House of Representatives.
1.3 Calling of the session of the House of Representatives and its conclusion
shall be as follows:-
a. The calling of the session shall be by the prime minister and will
concluded by the speaker on the recommendation of the Prime Minister.
b. The speaker shall fix the date for the session or meeting to hold
within 15 days if request is made before the speaker by one fourth of
the total members at the moment in the House of Representatives citing
that it is appropriate to call a session or a meeting when the House
of Representative is not being held or if the meeting is stalled.
1.4 The House of Representatives shall formulate and implement the House
of Representatives regulations.
2. ON EXECUTIVE
2.1 All the executive rights of Nepal as a state shall rest on the Council
of Ministers.
'His Majesty's Government' shall be termed 'Government of Nepal' from
now onwards.
2.2 Persons who are not the members of the House of Representatives
can also be nominated in the Council of Ministers.
2.3 The Council of Ministers shall be responsible towards the House
of Representatives. The Council of Ministers and the ministers collectively
and for the works of their ministries shall be personally responsible
towards the House of Representatives.
The administration, army, police and all the executive organs shall
be under the purview of the government that is responsible towards the
House of Representatives.
2.4 The allocation and transaction of business of the government shall
be presented at the House of Representatives after its passage from
the Council Of Ministers.
3. ON ARMY
3.1 The name "Royal Nepal Army" shall be changed to "Nepalese Army".
3.2. The Existing provision regarding the National Security Council
has been repealed. There shall be a National Security Council under
the chairmanship of the Prime Minister in order to control, use and
mobilize the Nepalese Army.
3.3. Chief of the Army Staff of the Nepalese Army shall be appointed
by the Council of Ministers.
3.4. The existing arrangement of Supreme Commander of the Army has been
revoked.
3.5. The decision of the Council of Ministers on mobilizing the Nepalese
Army, must be tabled and endorsed within 30 days from the special committee
assigned by the House of Representatives.
3.6. The formation of the Nepalese Army shall be inclusive and national
in nature.
4. ON RAJ PARISHAD
The existing provision of Raj Parishad has been revoked. Necessary works
being performed by the Raj Parishad shall be as per the arrangement
made by the House of Representatives.
5. ON ROYAL PALACE
5.1. The right to make laws, amend and nullify regarding the succession
to throne shall rest on the House of Representatives.
5.2. Expenditure and facilities for His Majesty the King shall be as
per the decision of the House of Representatives.
5.3. The private property and income of His Majesty the King shall be
taxed as per the law.
5.4. Acts performed by His Majesty the King are questionable in the
House of Representatives or in court.
5.5. Existing Royal Palace Service shall be made part of the civil service.
5.6. The security arrangement for the Royal Palace shall be as per the
arrangement made by the Council of Ministers.
6. THE EXISTING PROBLEM REGARDING CITIZENSHIP SHALL BE INSTANTLY RESOLVED.
7. THE EXISTING "NATIONAL ANTHEM" SHALL BE CHANGED BY MAKING ALTERNATIVE
ARRANGEMENT.
8. NEPAL SHALL BE A SECULAR STATE.
9. MISCELLANEOUS
(a) All the state organs and bodies shall exercise their rights as having
been authorised by this House of Representatives and with full faith
towards it.
(b) Specified officials holding public posts shall take oath of office
from the House of Representatives in specified manner. Officials who
ignore receiving oath of office shall be relieved of their posts.
(c) The inconsistent legal arangements of the Constitution of the Kingdom
of Nepal-1990 and other prevailing laws, with this declaration, shall
be nullified to the extent of inconsistency.
(d) Any difficulty that may come while implementing this declaration
shall be removed by a decision of the House of Representatives.
(e) A committee shall be there in the House Of Representatives for the
purpose of implementation of sub-clause (c) and (d) above.
Source: Nepal
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