www.lawcommission.gov.np
Part-7
Federal Executive
74.
Form of Governance: The form of governance of Nepal shall be multi-party
competitive federal democratic republican parliamentary form of governance based
on pluralism.
75.
Executive Power: (1) The executive power of Nepal shall, in accordance with this
Constitution and law, be vested in the Council of Ministers.
(2) The responsibility for issuing general directives, controlling and regulating
the governance of Nepal shall, subject to this Constitution and law, lie in the Council
of Ministers.
(3) All federal executive functions of Nepal shall be performed in the name of
the Government of Nepal.
(4) Any decision or order to be issued in the name of the Government of Nepal
pursuant to clause (3) and other instruments of authorization pertaining thereto shall
be authenticated as provided for in the federal law.
76.
Constitution of Council of Ministers: (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.
(2) In cases where no party has a clear majority in the House of
Representatives pursuant to clause (1), the President shall appoint as the Prime
Minister a member of the House of Representatives who is able to command a
majority with the support of two or more parties representing to the House of
Representatives.
(3) In cases where the Prime Minister cannot be appointed pursuant to clause
(2) within thirty days after the date of declaration of the final results of election to the
House of Representatives or where the Prime Minister so appointed fails to secure a
vote of confidence pursuant to clause (4), the President shall appoint as the Prime
Minister the leader of the parliamentary party which has the highest number of
members in the House of Representatives.
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