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. 42

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