Emergency and Constitutional Amendment Powers in Nepal

Exam Snapshot

Articles 273 (State of Emergency) and 274 (Constitutional Amendment) are critical for LLB entrance. Understand the procedural differences and voting majorities required for each.

Core Concept

State of Emergency (Article 273)

Declared by the President in grave situations (war, rebellion, calamity). It allows for the temporary suspension of certain fundamental rights to protect national security.

Constitutional Amendment (Article 274)

The process by which Federal Parliament alters or repeals constitutional provisions. Nepal's Constitution is considered rigid, requiring special majorities for amendments.

Nepal Law Anchors

Confusable Terms

Feature State of Emergency (Art. 273) Constitutional Amendment (Art. 274)
Purpose Temporary crisis management Permanent constitutional change
Vote Requirement 2/3 of members present (joint) 2/3 of total existing members
Nature Suspension of rights Alteration of supreme law

MCQ Traps

Example

During a severe national crisis, the President declares a state of emergency. This is a temporary measure requiring joint parliamentary approval within one month. Conversely, changing a province boundary or other core provisions requires a formal amendment bill passed by 2/3 majority of total existing members in each House.

Memory Hook

Emergency (273) = Temporary Band-aid. Amendment (274) = Permanent Surgery.

Quick Revision