President: (1) There shall be a President in Nepal.

The President shall be the head of the State. He/she shall perform his/her duties according to this Constitution and federal laws.

The President shall promote national unity of Nepal.

Compliance and protection of the constitution shall be the main duties of the President.

Election of the President: (1) An electoral college, consisting of voting members of the federal parliament and the members of provincial assembly, shall elect the President. It shall be done as provided for in law with the difference of weightage in voting of the members of the federal parliament and the members of provincial assembly.

Notwithstanding anything contained in clause (1), it shall not be deemed to prevent the formation of an electoral college for the use of the election of the President simply because of the reason that an election of provincial assembly has not been held in any province.

The person who receives majority votes of the total number of existing members of the Electoral College as provided for in clause (1), shall be elected as President.

If any candidate fails to receive majority votes according to clause (3), there shall be a second round of voting between the two candidates who receive the highest votes, and a person getting more than fifty percent of vote in this voting shall be elected as president.

If none of the two candidates obtain more than fifty percent of the votes in the voting held under clause (4), then a re-voting will be conducted. Any person getting the majority of votes cast in this re-voting shall be elected as president.

If a person who is elected to the position of the President already holds a political position through election, nomination, or appointment, the position held by such a person shall automatically become vacant.

The election of the President and other related arrangements shall be as provided for by law

Term of Office of President: (1) The term of the President shall be for five years.

The President whose term has expired pursuant to clause (1), shall continue to work according to this Constitution until the newly elected President joins the office.



28 -

Draft of the Constitution of Nepal, Unofficial English Translation by International IDEA



Qualifications of the President: (1) A person shall be eligible to be President if he/she fulfils the following qualifications:

He/she is eligible to be a member of the federal parliament.

He/she has attained at least 45 years of age, and

Is not ineligible by any law.

Notwithstanding anything contained in clause (1), a person who has already been elected President for two terms, shall not be eligible to be a presidential candidate for the presidential election thereafter.

The circumstances in which the President ceases to hold office: The President shall cease to hold office under the following circumstances:

If a written resignation is tendered to the Vice-President.

If an impeachment motion against the president is passed pursuant to Article 101.

If the term of office expires.

If he/she dies

Functions, duties and powers of the President: (1) President shall exercise his/her rights and duties as provided for by this constitution and federal laws

While exercising rights under clause (1), the President shall perform all the works with the consent and recommendation of the Council of Ministers, except in case where the works have to be performed expressly under the recommendation of some agency or official. Such consent and recommendation shall be made to the President through the Prime Minister.

The decision or order made in the name of the President as provided for by clause (2) and the certification of credentials in that regard, shall be done as specified by federal law.

Vice-President: (1) There shall be a Vice-President in Nepal.

The vice-President shall perform the duties of the President until a new President is elected in the case when the President ceases to hold Office due to reasons other than when the President is absent or the term of office has expired.

If a person is elected to the position of Vice-President already holds a political position through election, nomination or appointment, the position held by such a person shall automatically become vacant.

The circumstances in which the Vice-President ceases to hold office: The Vice-President shall cease to hold office under the following circumstances:

If he/she tenders a written resignation to the President,




- 29 -
Draft of the Constitution of Nepal, Unofficial English Translation by International IDEA



If an impeachment motion against the vice-president is passed pursuant to Article 101,

If the term of office expires,

If he/she dies.

Other provisions regarding the Vice-President: The qualification of the Vice-President, election process, and other provisions regarding the term of office, shall be similar to that of the President.

President and Vice-President to belong to different gender or community: While conducting election of the President and vice-president under this constitution, the election shall be held so as to represent different gender or communities.

Oath of office of the President and Vice-President: The President shall take the oath of office and secrecy before the Chief Justice, and, the Vice-President before the President, as provided for by law, before assuming the responsibilities of the office.

Remuneration and other benefits to the President and Vice-President: The remuneration and other benefits to the President and Vice-President shall be as determined by an Act, and until such Act is made, it shall be as specified by the Government of Nepal.

Office of the President and the Vice-President: (1) Separate offices shall be set up to assist the works of the President and the Vice-President.

The Government of Nepal shall provide necessary personnel and make other arrangements for the management of the works of the offices pursuant to clause (1).