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their appointment, exist in the Federal Parliament Secretariat set forth in this |
Constitution. |
(6) Where the Legislature -Parliament is in rec ess at the time of |
commencement of this Constitution, the President shall summon its session no |
later than seven days after the date of commencement of this Constitution. The |
President shall thereafter summon a session of the Legislature -Parliament from |
time to tim e. |
297. Provisions relating to the President and the Vice -President : (1) The President |
and the Vice -President existing at the time of commencement of this |
Constitution shall continue to hold their respective offices until other President |
and Vice -President are elected in accordance with this Article. |
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(2) The Legislature -Parliament set forth in clause (1) of Article 296 |
shall, on the basis of political understanding, elect the President and the Vice - |
President, no later than one month after th e 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 is |
summoned in accordan ce with clause (6) of Article 29 6 where the Le gislature - |
Parliament is in recess. |
(3) In the event of failure to have an understanding under clause (2), |
the President and the Vice -President must be elected by a majority of all the |
then members of the Legislature -Parliament. |
(4) If the office of the President or Vice -President elected in |
accordance with clause (2) or (3) falls vacant for any reason, the President or |
Vice -President shall be elected by the Legislature -Parliament in accordance |
with this Article until the Federal Parliament is formed. |
(5) The term of office of the President or Vice -President elected in |
accordance with this Article shall continue to exist until another President or |
Vice -President elected by an electoral college set forth in Article 62 assumes |
office. |
(6) The office of the President or Vice -President elected in |
accordance with this Article shall become vacant in any of the following |
circumstances: |
(a) if the President tenders r esignation in writing to the Vice - |
President and the Vice -President, before the President , |
(b) if a motion of impeachment against him or her is passed in |
accordance with clause (7) , |
(c) if another President or Vice -President elected by an electoral |
college set forth in Article 62 assumes office, |
210 |
(d) if he or she dies. |
(7) At least one fourth of the total number of the then members of |
the Legislature -Parliament set forth in clause (1) of Article 296 may move a |
motion of impeachment against the President or Vice -President elected in |
accordance with this Article on the ground of serious violation of th is |
Constitution and law. If the motion is passed by at least two thirds majority of |
the total number of the then members of the Legislature -Parliament, he or she |
shall relive of his or her office |
298. Provisions relating to formation of Council of Minister s: (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 -Parliam ent summoned in accordance with clause (6) of Article |
286 commences where the Legi slature -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 cl ause (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 thr ough |
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. |
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(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 Artic le 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 Ministe r 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. |
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(10) Even though the office of the Prime Minister falls vacant under |
clause (8), the same Council of Ministers shall con tinue 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 a s the Prime |
Minister until another Prime Minister is app ointed. |
(12) The Prime Minister appointed in accordance with this Article |