Constitutional Provisions Relating the Power, Functions and Duties of the President

Q1. What is President ?

Ans. President is the Head of the State. The government system of Nepal is parliamentary system of government. In parliamentary system of government, Prime Minister is the head of Government but President is only nominal Head of the State. Let me know tell about the Constitutional Provisions regarding the President.

Q2. What are the provisions regarding the President ?

Ans. The Provisions regarding the President of Nepal is explained by Article 61 under Part - 6 of the Constitution as follows:-

• There shall be a President of Nepal.
• The President shall be the head of the state.
• The President should promote national unity of Nepal.
• The main duty of the President should be to abide by and protect the Constitution of Nepal.

Q3. Is it compulsory to be members of Parliament to be elected as President ?

Ans. Yes it is compulsory to be a member of Parliament to be elected as President.

Q4. Who is elected as President ?

Ans. Anyone who secures a majority of the then existing total votes of the electoral college of the election of the President is elected as President.

Q5. What happens no one secures a majority of votes in the election of President ?

Ans. If none of the candidate secures a majority then there shall be voting between the two candidates who have secured the highest number of votes, and one who secures more than fifty percentage of the total votes in that voting shall be elected as the President.

Q6. What is the term of office of the President ?

Ans. The term of office of the President is five years from the date of appointment.

Q7. What qualifications are required to be elected as President ?

Ans. The following qualifications are required to be elected as the President:-

• Must be a member of the Federal Parliament,
• Having completed the age of forty five years,
• Not disqualified by any law,
• Not elected as President for two times previously.

Q8. How many times a person can be elected as a President ?

Ans. A person can be elected as President only for two times.

Q9. In what circumstances the office of the President become vacant ?

Ans. In the following circumstances, the office of the President become vacant:-

• If the president gives resignation in writing to the Vice-President,
• If motion of impeachment passed against the presidentI,
• f the term of office of the President expired,
• If the President dies

10. What are the functions, duties and powers of President ?

Ans. The functions, duties and powers of the President are as follow:-

• To protect and promote national unity,
• To abide by constitution and protect constitution,
• To perform functions on the recommendation and with consent of the Council of Ministers,
• To assent on bill,
• To issue ordinance,
• To declare or order a state of emergency
• To grant pardons, suspend, commute or remit any sentence passed by any Court, judicial or quasi-judicial body or administrative body