www.lawcommission.gov.np (3) In the event of failure to have an understanding pursuant to clause (2), the Prime Minister shall be elected by a majority of all the then members of the Legislature-Parliament. (4) The a composition and allocation of portfolios of the Council of Ministers to be constituted pursuant to this Article shall be made through mutual understanding. (5) The Council of Ministers to be constituted pursuant to this Article shall consist of a Deputy Prime Minister and other Ministers, as required. (6) The Prime Minister appointed pursuant to this Article shall, in appointing Ministers pursuant to clause (5), appoint Ministers from amongst the members of the Legislature-Parliament, on the recommendation of the concerned party. (7) The Prime Minister and other Ministers appointed pursuant to this Article shall be collectively responsible to the Legislature-Parliament, and the Ministers shall be individually responsible to the Prime Minister and the Legislature- Parliament for the works of their respective Ministries. (8) The office of the Prime Minister appointed pursuant to this Article shall fall vacant in any of the following circumstances:(a) In case he or she tenders resignation in writing to the President; (b) In case a vote of no confidence is adopted against him or her pursuant to clause (14) or a vote of confidence is not adopted; (c) In case he or she ceases to be a member of the Legislature-Parliament; (d) In case he or she dies. (9) The office of the Deputy Prime Minister, Minister, Minister of State and Assistance Minister appointed pursuant to this Article shall fall vacant in any of the following circumstances:(a) In case he or she tenders resignation in writing to the Prime Minister; (b) In case the Prime Minister is removed from office pursuant to clause (8); (c) In case he or she is removed from office by the Prime Minister on the recommendation or on advice of the concerned party; 176