Nepal

The Executive

Figure 10. Nepal: Structure of the Government, 1991

Executive powers are vested in the king and the Council of Ministers--a prime minister, deputy prime minister, and other ministers as required. The direction, supervision, and conduct of the general administration of the country are the responsibility of the Council of Ministers. All transactions made in the name of the king, except those within his exclusive domain, are authenticated by the Council of Ministers (see fig. 10).

The king appoints the leader of the political party commanding a majority in the House of Representatives as prime minister. If a single party does not have a majority in the house, the member commanding a majority on the basis of two or more parties is asked to form the government. When this alternative also is not possible, the king may ask the leader of a party holding the largest number of seats in the house to form the government. In this case, the leader forming the government must obtain a vote of confidence in the house within thirty days. If a vote of no confidence is obtained, the king will dissolve the house and order new elections within six months. Other ministers are appointed by the king from members of Parliament on the recommendation of the prime minister.

The constitution declares the king the symbol of the nation and the unity of its people. Expenditures and privileges of the king and royal family are determined by law. The king is obliged to obey and protect the constitution. Although, as in previous constitutions the monarch remains the supreme commander of the Royal Nepal Army, a three-member National Defence Council, headed by the prime minister, commands the military (see Legal Basis Under the 1990 Constitution , ch. 5). Nonetheless, the king retains his power over the army because if there were a threat to sovereignty, indivisibility, or security because of war, foreign aggression, armed revolt, or extreme economic depression, he could declare a state of emergency. During the period of emergency--which would have to be approved by the House of Representatives within three months and which would remain in effect for six months from the date of its announcement, renewable for six months--fundamental rights, with the exception of the right of habeas corpus, could be suspended. Additional prerogatives of the king include the power to grant pardons; suspend, commute, or remit any sentence passed by any court; confer titles, honors, or decorations of the kingdom; appoint all ambassadors and emissaries for the kingdom; and remove any barriers to enforcing the constitution. The king also nominates the members of the Raj Parishad (King's Council), the body that determines the accession to the throne of the heir apparent.

Data as of September 1991

Nepal - TABLE OF CONTENTS