2. The Term executive is derived from the
word “execute”.
It is the aggregate or totality of all the
functionaries or agencies which are
concerned with the execution of will of the
state as the state as that will has been
formulated and expressed in terms of law
It is well known fact that formally all power
of state used to be in hand of the
executive.
It is extends form government to its
agencies.
3. The executive is one of the organs of
the government that implement the law
passed by the legislature.
The organ of the government is also
called “cabinet”, “Council of Ministers” or
“government”.
The Constitution of Nepal has made the
provision of three level of the executive.
They are: Federal Executive, Provincial
Executive and Local Executive.
4. Federal
• Council of Ministers/Cabinet/Government
Provincial
• Provincial Government/State Government
Local
• Municipality/Rural Municipality
5. • Prime Minister and Federal Council of
MinistersFederal
• Chief Ministers and Provincial Council of
MinistersProvincial
• Mayor/Chair Person, Deputy Mayor/ Vice
Chairperson, Ward Chair persons,
member elected by Village/Municipal
Assembly
Local
6. The federal executive is formed of the
Council of Minister(the Prime Minister and a
group of other ministers).
The Constitution of Nepal has made the
provision of the federal executive in part 7.
As per the provision, the Council of
Ministers exercises the executive power of
Nepal under the name of “The Government
of Nepal.”
As mentioned in the constitution, the form
of the government in Nepal shall be multi-
party, competitive, federal, democratic,
republican, parliamentary government
based on pluralism.
7. The constitution of Nepal made the
provision about the formation of the
Council of Ministers in Articl76.
According to the provision mentioned,
the president shall appoint the leader of
a parliamentary party that commands
majority in the House of
Representatives as the Prime Minister,
and the Council of Ministers shall be
constituted under his or her
chairpersonship comprising a maximum
of 25 ministers including the Prime
Minister.
8. Legislative role
Executive right
Judicial function
Military right
Appointment role
To receive annual report
To declare emergency period
Title, honors and decorations
Power to remove difficlties
9. 1) The executive power of Nepal shall, pursuant
to this constitution and other law be vested in
the Council of Ministers.
2) The responsibility of issuing general
directives, controlling and regulating the
administration of Nepal shall, subject to this
Constitution and other law, lie in the Council
of Ministers
3) The executive function of Nepal shall be taken
in the name of the Government of Nepal
4) Any decision, order or implementation
warrant to be issued in the name of the
Government of Nepal pursuant to
clause(3)above, shall be authenticated as
prescribed by law.
10. Administrative function
Legislative function
Financial function
Judicial function
Diplomatic function
Military function
Plan and policy making
Peace and harmony maintaining
Crisis response and emergency period
management
Appointment function
Function regarding being responsible to
Legislature parliament
11. 1. The office of the Prime Minister shall be
vacant in any of the following
circumstances:
If s/he tenders resignation in writing to
the president,
If a vote of confidence is not passed or
a vote of no-confidence is passed
against him or her under Article 100,
If s/he ceases to be a member of the
House of Representatives,
If s/he dies
12. 2. The office of Minister shall be vacant in any of
the following circumstances:
If s/he tenders resignation in writing to the
Prime Minister
If the Prime Minister removes him or her from
office
If the office of Prime Minster falls vacant
under sub-clause (a),(b)or (c) of clause (1)
3. If the office of Prime Minister fall vacant
under Claus (1), the same Council of Minister
shall continue to act until another Council of
Minister is constituted. Provided that if the
Prime Minister dies, the senior-most Minister
shall act as the Prime Minister until a new is
appointed.
13. The provincial execution is composed of
Chief Minister of the province and other
ministers.
According to the constitution, the Chief of
the State shall appoint the leader of the
parliamentary party commanding a
majority in the Provincial Assembly as the
Chief Minister, and the Provincial Council of
Minister shall be constituted under his or
her chairpersonship.
The Provincial Execution is formed not
exceeding the 20 percent member of the
Provincial Assembly.
14. Article no
162 Executive power of provincial/state
163 Provision relating to chief of state
164 Qualification of chief of state
165 Vacation of office of chief of state
166 Function, duties and power of chief of state
168 Constitution of state council of minister
169 Vacation of the office of chief minister and
minister
15. The local Executive is composed of the
Chairperson/Vice Chairperson or
Mayor/Deputy Mayor and Ward
Chairperson along with the woman and
Dalit member elected by the Village or
Municipal Assembly.
The local executive is called the Rural
Municipality /Municipality /Sub
Metropolitan City/Metropolitan city.
16. According to the provision in the
constitution, Mayor of the Municipality
or Chairperson of the Rural Municipality
shall be the chairperson of the Village
and Municipal Executive respectively
and they can constitute the Village and
Municipal Executive under their
chairpersonship.
17. Article no
214 Executive power of local
215 Provision related to head and deputy head of
village executive
216 Provision related to mayor and deputy mayor of
municipality
219 Other provision related to local level executive
220 District assembly and district co-ordination
committee
218 Conduct of business of village executive and
municipal executive