PART 33 - Amendment of the Constitution
By Nepalko
on April 09, 2017
- (269) Amendment of the Constitution:
- This Constitution shall not be amended in way that contravenes with self-rule of Nepal, sovereignty, territorial integrity and sovereignty vested in people.
- Except for matters under clause (1), in case an amendment is sought in matters that fall under the fundamentals of this constitution, such a proposal shall be presented to either house of the federal legislature.
Provided that, Clause (1) shall not be amended.
- Subject to the conditions under clause (2), the bill so presented shall be published for the perusal of the general public within 30 days of presentation of the bill in either house of the federal legislature.
- In case the bill proposed under clause (2) is related with altering the boundaries of a province and falls under the right of provinces as mentioned in Schedule (5), such a bill shall have to be forwarded to the respective provincial assembly to garner consensus, within thirty days of the time the bill is presented in the federal legislature.
- Pursuant to forwarding the bill to the Provincial Assembly as provided in Clause (4), the provincial assembly shall have to get the consensus bill endorsed or rejected through majority of the provincial assembly and forward the information regarding the same to the federal legislature, within three months.
Provided that, In case the provincial assembly is not in place, the bill shall have to be endorsed or rejected within three months from the time the assembly comes into force and forward the information to the federal legislature.
- If the Provincial Assembly, within the time frame pursuant to Clause (5) informs the federal legislature that the bill has been rejected by the majority, the bill shall considered to be rejected.
- If, within the time stipulated in clause (5), majority of provincial assemblies inform the federal parliament of the rejection of the bill, such bill shall be void,
- In case the bills that do not require consent from provincial assembly or the one that has garnered consensus from provincial assembly as mentioned under clause (5), shall require endorsement by the two thirds majorities of the existing members in the both houses of federal legislature
- The bill so approved pursuant to Clause (5) shall be forwarded to the President for approval.
- The President shall have to endorse the bills under clause (9) within 15 days from the day of reception of the bill, the from the date of endorsement, the constitution will be amended.