(1) The Council of
Ministers existing at the time of commencement of this Constitution shall continue
to exist until the Council of Ministers set forth in clause (2) is formed.
(2) The Prime Minister shall, on the basis of political understanding, be
elected no later than seven days after the date of the commencement of this
Constitution where the Legislature-Parliament is not in recess at the time of
commencement of this Constitution, and after the date on which the session of the
Legislature-Parliament summoned in accordance with clause (6) of Article 296
commences where the Legislature-Parliament is in recess, and a Council of
Ministers shall be formed under his or her chairpersonship.
(3) In the event of failure to have an understanding under clause (2), the
Prime Minister shall be elected by a majority of all the then members of the
Legislature-Parliament.
(4) The composition and allocation of portfolios of the Council of
Ministers to be formed in accordance with this Article shall be made through
mutual understanding.
(5) The Council of Ministers to be formed in accordance with this
Article shall consist of a Deputy Prime Minister and other Ministers, as required.
(6) The Prime Minister appointed in accordance with this Article shall,
in appointing Ministers in accordance with clause (5), appoint Ministers from
amongst the members of the Legislature-Parliament, on the recommendation of
the concerned 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 individually responsible to the Prime Minister and the
Legislature- Parliament for the work of their respective Ministries.
(8) The office of the Prime Minister appointed in accordance with this
Article shall be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if a vote of no-confidence is passed against him or her or a vote of
confidence is not passed in accordance with clause (14),
(c) if he or she ceases to be a member of the Legislature-Parliament,
(d) if he or she dies.
(9) The office of the Deputy Prime Minister, Minister, Minister of State
and Assistance Minister appointed in accordance with this Article shall be vacant
in any of the following circumstances:
(a) if he or she tenders resignation in writing to the Prime Minister,
(b) if the Prime Minister is removed from office in accordance with
clause (8),
(c) if he or she is removed from office by the Prime Minister on the
recommendation or advice of the concerned party,
(d) if he or she dies.
(10) Even though the office of the Prime Minister falls vacant under
clause (8), the same Council of Ministers shall continue to act until another
Council of Ministers is constituted.
(11) If the Prime Minister appointed in accordance with this Article dies,
the Deputy Prime Minister or senior-most Minister shall act as the Prime Minister
until another Prime Minister is appointed.
(12) The Prime Minister appointed in accordance with this Article may,
whenever he or she considers necessary or appropriate to show/clarify that he or
she has confidence from the Legislature-Parliament, table a resolution to that
effect in the Legislature-Parliament for the vote of confidence.
(13) At least one-fourth of the total number of the then members of the
Legislature-Parliament may table in writing a motion of no-confidence against the
Prime Minister appointed in accordance with this Article.
Provided that a motion of no confidence shall not be tabled more than once
in six moths’ period against the same Prime Minister appointed in accordance with
this Article.
(14) A motion tabled under clauses (12) or (13) shall be decided by a
majority of the total number of the then members of the Legislature Parliament.
(15) The Government of Nepal shall, after the commencement of this
Constitution, exercise the powers of a State until the Council of Ministers of the
State set forth in this Constitution is formed.