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Article 298
Provisions related to the formation of the Council of Ministers
: (1) The Council of Ministers existing at the time of commencement of this Constitution shall continue until the Council of Ministers is formed as per clause (2).
(2) If the session of the Legislature-Parliament is in session at the time of commencement of this Constitution, the election of the Prime Minister shall be completed on the basis of political consensus within seven days from the date of commencement of the session of the Legislature-Parliament called as per sub-section (6) of Article 296, if the session is not in session. The Council of Ministers will be formed under his chairmanship.
(3) If agreement cannot be reached according to sub-section (2), the Prime Minister will be elected on the basis of the majority of the total number of members of the Legislature-Parliament.
(4) The composition and division of functions of the Council of Ministers to be formed in accordance with this Article shall be determined by mutual agreement.
(5) The Council of Ministers to be formed in accordance with this Article shall include the Deputy Prime Minister and other Ministers as required.
(6) The prime minister appointed in accordance with this article, when appointing a minister in accordance with sub-section (5), shall make the appointment from among the members of the Legislature-Parliament on the recommendation of the relevant party.
(7) The Prime Minister and other Ministers appointed in accordance with this Article shall be collectively responsible to the Legislature-Parliament and the Ministers shall be personally responsible to the Prime Minister and the Legislature-Parliament for the work of their ministries.
(8) The Prime Minister appointed under this section shall be relieved of his office in any of the following cases:-
(a) If he tenders his resignation in writing to the President,
(b) If a motion of no confidence is passed against him in accordance with sub-section (14) or if the motion of confidence cannot be passed,
(c) If he is not a member of the Legislature-Parliament,
(d) In case of his death.
(9) Deputy Prime Ministers, Ministers, Ministers of State and Assistant Ministers appointed in accordance with this Article shall be released from their positions in any of the following cases:-
(a) If he tenders his resignation in writing to the Prime Minister,
(b) If the Prime Minister is relieved of his office as per clause (8),
(c) RelationshipIf the Prime Minister dismisses him on the recommendation of the party or in consultation with the relevant party,
(d) In case of his death.
(10) Even if the Prime Minister is released from his office according to sub-section (8), the same Council of Ministers will continue to operate until another Council of Ministers is formed.
(11) In the event of the death of the Prime Minister appointed in accordance with this article, the Deputy Prime Minister or the most senior minister shall act as the Prime Minister until another Prime Minister is elected.
(12) The Prime Minister appointed in accordance with this Article may, at any time, submit a proposal to the Legislature-Parliament for a vote of confidence if he deems it necessary or appropriate to clarify that the Legislature-Parliament has confidence in him.
(13) At least one-fourth of the total number of members of the Legislature-Parliament may submit a no-confidence motion in writing stating that the Legislature-Parliament has no confidence in the Prime Minister appointed in accordance with this Article. However, a no-confidence motion cannot be submitted more than once in six months on the same Prime Minister appointed in accordance with this article.
(14) The decision of the proposal according to sub-section (12) or (13) shall be made by the majority of the entire number of members immediately existing in the Legislature-Parliament.
(15) After the commencement of this Constitution, the Government of Nepal shall exercise the executive authority of the Province until the formation of the Provincial Council of Ministers in accordance with this Constitution.