Study the President's constitutional functions, appointments on recommendation, and the matters the Prime Minister must report to the President under Articles 66 and 81.
Question: Under the Constitution of Nepal, List the Functions Performed by the President on the Recommendation of the Council of Ministers and on the Recommendation of Other Bodies or Officials. Also, Present the Matters on Which the Prime Minister Must Inform the President.
1. Introduction
The Constitution of Nepal provides that the President is the Head of State and performs functions in accordance with the Constitution and federal laws. Promoting national unity and protecting and upholding the Constitution are the President’s principal duties.
According to Article 66(2) of the Constitution, except for functions expressly required to be performed on the recommendation of a particular body or official under the Constitution or federal law, the President performs other functions on the recommendation and with the consent of the Council of Ministers. Such recommendations and consent are submitted through the Prime Minister.
2. Functions Performed by the President on the Recommendation of the Council of Ministers
The major functions performed by the President on the recommendation of, or in accordance with the prescribed decisions of, the Council of Ministers include:
Summoning and Proroguing Parliament: Summoning and proroguing sessions of the Federal Parliament under Article 93.
Promulgating Ordinances: Promulgating ordinances on the recommendation of the Council of Ministers under Article 114, when the constitutional conditions are fulfilled.
Appointment and Removal of Chiefs of Province: Appointing Chiefs of Province under Article 163 and removing them from office in accordance with Article 165 and the applicable constitutional process.
Appointment and Removal of the Chief of the Army Staff: Appointing and removing the Chief of the Army Staff on the recommendation of the Council of Ministers under Article 267(5).
Mobilisation of the Nepal Army: Declaring the mobilisation of the Nepal Army under Article 267(6), based on a decision of the Government of Nepal and the recommendation of the National Security Council, subject to constitutional requirements.
Declaration of a State of Emergency: Declaring a state of emergency under Article 273 in accordance with the constitutional procedure.
Granting Pardon and Other Relief from Sentences: Granting pardons, suspending, commuting or remitting sentences under Article 276, in accordance with law.
Conferring Titles, Honours and Decorations: Conferring titles, honours and decorations on behalf of the State under Article 277.
Appointment of Ambassadors and Special Emissaries: Appointing Nepalese ambassadors and special emissaries for specific purposes under Article 282, in accordance with the constitutional requirements.
3. Functions Performed by the President on the Recommendation of Other Bodies or Officials
The Constitution also assigns certain functions to the President on the recommendation of bodies or officials other than the Council of Ministers. Major examples include:
Formation of the Council of Ministers: The President appoints the Prime Minister and constitutes the Council of Ministers under Article 76, following the constitutional process. The ministers are appointed on the recommendation of the Prime Minister.
Appointment of the Attorney General: The President appoints the Attorney General on the recommendation of the Prime Minister under Article 157(2).
Appointment of the Chief Justice: The President appoints the Chief Justice on the recommendation of the Constitutional Council under Article 129(2).
Appointment of Supreme Court Justices: The President appoints other justices of the Supreme Court on the recommendation of the Judicial Council under Article 129(2).
Appointment of Heads and Members of Constitutional Bodies: The President appoints the heads and members of constitutional bodies on the recommendation of the Constitutional Council, as provided for in the relevant constitutional provisions.
These arrangements reflect the constitutional distinction between functions performed on the recommendation of the Council of Ministers and functions for which a specific recommending authority is prescribed.
4. Matters on Which the Prime Minister Must Inform the President
Article 81 of the Constitution of Nepal specifies the following matters on which the Prime Minister must inform the President:
Resolutions of the Council of Ministers: Decisions and resolutions made by the Council of Ministers.
Bills to Be Introduced in the Federal Parliament: Bills that are to be presented before the Federal Parliament.
Additional Information Requested by the President: Other necessary information requested by the President concerning the matters mentioned in the first two points.
Current Affairs and Foreign Relations: The current general state of affairs of Nepal and matters relating to foreign relations.
Conclusion
The Constitution of Nepal envisages the President primarily as the Head of State, a promoter of national unity and a guardian of the Constitution, rather than as the head of the executive government. The executive power of the country is exercised through the constitutional system of government, led by the Council of Ministers.
The requirement that most presidential functions be performed on the recommendation and with the consent of the Council of Ministers, except where a specific recommending authority is prescribed, clarifies the President’s constitutional role. Likewise, Article 81 promotes communication between the Prime Minister and the President on major government decisions, proposed legislation, current affairs and foreign relations.
Constitution of Nepal, President of Nepal, Article 66, Article 81, Council of Ministers, Federal Executive, Loksewa Preparation
Important constitutional reference: Articles 66 and 81 are central to this question. Article 81 specifically lists the four categories of information the Prime Minister must communicate to the President. The President’s Office provides a summary of the relevant constitutional provisions