House of Representatives Proclamation
18 May 2006
In respect of the sacrifices and participation
made by the Nepalese people in the peaceful joint
people’s movement,
In due attention to the fact that the people had
shown keen interest through the peaceful joint
people’s movement that took place some time back,
on establishing that people are the sole source
of state power of the independent and sovereign
Nepal, as the people are the sole source of state
powers and sovereignty,
With determination to fulfilling the peoples’
mandate given by the Nepali people as per the
roadmap of the seven political parties and the
12-point understanding between the seven
political parties and the CPN-Maoist in the
peaceful joint people’s movement to restore a
inclusive state by restructuring the state by
formulating new constitution and to restore
sustainable peace through democracy, and
constituent assembly,
Internalizing the greater responsibility of the
sovereign Nepali people for strengthening the
country’s national integrity, indivisibility and
national unity,
As the fact that the House of Representatives
(HoR) established on the support of the people’s
movement is sovereign and fully authorized has
been realized in the king’s declarations on April
24, 2006 that the Nepali people are the source of
state power and Nepal’s sovereignty and state
power rests on the Nepali people and the people’s
aspirations exhibited in the present peoples’
movement and on the basis of the road map of the
seven political parties for resolving the violent
conflict continuing in the country,
Makes the following declaration through this
House of Representatives that this House of
Representatives is sovereign for the exercise of
all the rights until another constitutional
arrangement is made to take the responsibility to
gear ahead in the direction of full-fledged
democracy and make an end to the autocratic
monarchy by institutionalizing the achievements
of the present peoples’ movement, while
safeguarding the achievements of the 1990
people’s movement:-
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.