🎬 Video explanationराष्ट्रपति, प्रधानमन्त्री र मन्त्रिपरिषद्
⏱ 4 min read
Executive power in Nepal belongs to the Council of Ministers headed by the Prime Minister. Article 76 of the Constitution, which explains the different ways a Prime Minister is appointed, is one of the most asked articles in Lok Sewa. This note covers the federal executive, all clauses of Article 76, the size of the cabinet and the rules on confidence votes.
1. Federal executive
- The federal executive is in Part 7 of the Constitution.
- Article 74: Nepal has a multiparty, competitive, federal, democratic, republican, parliamentary system of government.
- Article 75: the executive power of Nepal is vested in the Council of Ministers; all executive actions are taken in the name of the Government of Nepal.
- The Council of Ministers is collectively responsible to the House of Representatives; ministers are individually responsible to the Prime Minister and the House.
2. Appointment of the Prime Minister (Article 76)
| Clause | Provision |
|---|---|
| 76(1) | The President appoints the leader of the parliamentary party with a majority in the House of Representatives as PM |
| 76(2) | If no party has a majority, a member who can get a majority with the support of two or more parties is appointed (coalition) |
| 76(3) | If 76(2) is not possible, the leader of the largest party in the House is appointed (minority government) |
| 76(4) | A PM appointed under 76(2) or 76(3) must win a vote of confidence within 30 days |
| 76(5) | If that fails, any member who shows a basis for winning confidence is appointed PM |
| 76(6) | The PM under 76(5) must also win a vote of confidence within 30 days |
| 76(7) | If no PM can be appointed or win confidence, the President dissolves the House on the PM’s recommendation and fixes a new election within six months |
3. Council of Ministers
- The PM recommends other ministers, who are appointed by the President.
- The Council of Ministers can have at most 25 members including the Prime Minister (Article 76(9)).
- Ministers are chosen on the basis of the inclusive principle.
- Article 78: a person who is not a member of the Federal Parliament can be made a minister, but must become a member within six months, or the post ends.
- The PM and ministers take the oath before the President.
4. Vote of confidence and no-confidence (Article 100)
- The Prime Minister can seek a vote of confidence from the House of Representatives at any time if needed.
- If a party in a coalition government withdraws support, the PM must seek a vote of confidence within 30 days.
- A no-confidence motion can be tabled by one-fourth of the total members of the House.
- A no-confidence motion cannot be tabled within the first two years of a PM’s appointment, and if one fails, another cannot be tabled within one year.
- The motion must name the proposed new Prime Minister.
5. Key articles at a glance
| Article | Provision |
|---|---|
| 74 | Nepal has a parliamentary form of government |
| 75 | Executive power rests with the Council of Ministers |
| 76(1) | Leader of the majority party becomes Prime Minister |
| 76(2) | Coalition PM with support of two or more parties |
| 76(3) | PM from the largest party |
| 76(5) | Any member who can win a vote of confidence |
| 76(9) | Council of Ministers: maximum 25 members including the PM |
| 100 | Vote of confidence and no-confidence motion |
6. Points to remember
- A PM appointed under 76(2) or 76(3) must win a vote of confidence within 30 days.
- A no-confidence motion cannot be tabled within two years of the PM’s appointment.
- A minister who is not an MP must become one within six months.
7. How this topic is asked in the exam
Objective questions ask the article for each way of choosing a PM and the maximum size of the cabinet. Subjective questions ask about the role of the PM or the causes of political instability. Use the article table above.
📌 Key points to remember
- Federal executive is in Part 7; Article 74: parliamentary system.
- Article 75: executive power vested in the Council of Ministers.
- 76(1): majority party leader becomes PM; 76(2): coalition; 76(3): largest party.
- PM under 76(2) or 76(3) must win a vote of confidence within 30 days.
- 76(7): House dissolved and election within six months if no stable PM.
- Maximum 25 ministers including the PM.
- Non-member minister must become MP within six months (Article 78).
- No-confidence motion: one-fourth of members; not within first two years; must name new PM.
📝 Quiz
Test yourself: Prime Minister and Council of Ministers of Nepal
50 questions on Federal executive, Council of Ministers and Vote of confidence and no-confidence (Article 100). Each attempt picks 25 at random.
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