Federal Executive of Nepal: President, PM & Council of Ministers (Constitution Articles 61-85)
Exam Snapshot
The Federal Executive operates under a parliamentary system (Part 7, Articles 61-85) where the President is the ceremonial Head of State, the Prime Minister leads as Head of Government, and the Council of Ministers holds executive power and is collectively responsible to the House of Representatives.
Core Concept: Federal Executive of Nepal
The Federal Executive in Nepal operates on a parliamentary system, established under Part 7 (Articles 61-85) of the Constitution of Nepal, 2015. It consists of three main components:
- President (राष्ट्रपति): The ceremonial Head of State and protector of national unity (Article 61). Performs duties on the recommendation and consent of the Council of Ministers.
- Prime Minister (प्रधानमन्त्री): The Head of Government and primary holder of executive power.
- Council of Ministers (मन्त्रिपरिषद्): The body that exercises the executive power of Nepal, led by the Prime Minister. It is collectively responsible to the House of Representatives.
Nepal Law Anchors
Constitution of Nepal, 2015 – Part 7: Federal Executive
- Article 61: President as Head of State: The President is the Head of State and protector of national unity. Functions are primarily ceremonial and performed on the recommendation and consent of the Council of Ministers.
- Article 62: Election of the President: Elected by an Electoral College comprising members of the Federal Parliament and Provincial Assemblies.
- Article 63: Eligibility of the President: Nepali citizen, attained 45 years, eligible to be a member of the Federal Parliament, not disqualified by any law.
- Article 64: Term of Office of the President: 5 years. Eligible for re-election for a maximum of two terms.
- Article 74: Form of Government: The government system of Nepal is a multi-party, competitive, federal democratic republican parliamentary system.
- Article 75: Executive Power: The executive power of Nepal is vested in the Council of Ministers.
- Article 76: Formation of Council of Ministers: Outlines the process for the President to appoint the leader of the party with a majority in the House of Representatives as Prime Minister.
- Article 77: Vacancy of the Post of Prime Minister and Minister: Specifies conditions for removal or resignation.
- Article 78: Appointment of Ministers of State and Assistant Ministers: Allows for appointment from outside the Federal Parliament under certain conditions.
- Article 80: Collective Responsibility: The Prime Minister and other Ministers are collectively responsible to the Federal Parliament (specifically, the House of Representatives) and individually responsible to the Prime Minister for the work of their respective ministries.
Confusable Terms
| Term | Definition | Nepal Context |
|---|---|---|
| Head of State | Represents the country, ceremonial role. | President (Article 61) |
| Head of Government | Leads the government, exercises executive power. | Prime Minister (Article 75, 76) |
| Executive Power | Authority to implement laws and govern. | Vested in the Council of Ministers (Article 75) |
| Collective Responsibility | All ministers stand or fall together on policy. | Council of Ministers collectively responsible to the House of Representatives (Article 80) |
MCQ Traps
- President's Power: Do not assume the President has executive powers. They are largely ceremonial, acting on the Council of Ministers' advice.
- Collective Responsibility: Remember it's to the House of Representatives, not the National Assembly or the entire Federal Parliament.
- Term Limits: The President can serve a maximum of two terms (Article 64).
- Executive Power Holder: Executive power is vested in the Council of Ministers, not solely the Prime Minister, though the PM leads it.
Example
Hypothetical: If the Council of Ministers decides on a major policy change, and the policy fails to gain parliamentary approval, who is ultimately accountable?
Answer: Due to collective responsibility (Article 80), the entire Council of Ministers, led by the Prime Minister, would be accountable to the House of Representatives, even if some ministers privately disagreed with the policy.
Memory Hook
Think of the President as a 'referee' for national unity, ensuring fair play, while the Prime Minister and Council are the 'players' actively running the game (governance).
Quick Revision
- President: Head of State, ceremonial, 5-year term, max 2 terms, elected by Electoral College.
- PM: Head of Government, leads Council of Ministers, executive power.
- Council of Ministers: Holds executive power (Article 75), collectively responsible to House of Representatives (Article 80).
- System: Parliamentary, federal democratic republic.
- Constitution Part: Part 7, Articles 61-85.