www.lawcommission.gov.np (8) In the event of dissolution of the House of Representatives, the powers exercisable by the Federal Parliament pursuant to clauses (3), (4), (6) and (7) shall be exercised by the National Assembly. (9) The President may, after the issuance of a Proclamation or order of a state of emergency pursuant to clause (1), issue such orders as are necessary to meet the exigencies. Orders so issued shall be operative with the same force and effect as law so long as the state of emergency is in operation. (10) At the time of issuance of the Proclamation or order of a state of emergency pursuant to clause (1), the fundamental rights as provided for in Part-3 may be suspended until the proclamation or order is in operation. Provided that Article 16, sub-clauses (c) and (d) of clause (2) of Article 17, Article 18, clause (2) of Article 19, Articles 20, 21, 22 and 24, clause (1) of Article 26, Articles 29, 30, 31, 32, 35, clauses (1) and (2) of Article 36, Articles 38, 39, clauses (2) and (3) of Article 40, Articles 41, 42, 43, 45, and the right to constitutional remedy in relation to such Articles pursuant to Article 46 and the right to seek the remedy of habeas corpus shall not be suspended. (11) In case any Article of this Constitution is suspended pursuant to clause (10), no petition may lie in any court for the enforcement of the fundamental right conferred by that Article nor may a question be raised in any Court in that respect. (12) In case, during the continuance of a Proclamation or order pursuant to this Article, any damage is caused to a person from any act carried out by any official in bad faith, the victim may, within three months from the date of termination of that Proclamation or order, file a petition for compensation for such damage. In case such petition is made, the court may order for compensation by, and punish, the perpetrator as provided for in the federal law. (13) The President may, at any time, withdraw a Proclamation or order of a state of emergency issuance pursuant to this Article. 161

Выберите целевой абзац3

Подключиться к абзацу
Connect to an entity
Disable highlights
Добавить в оглавление