If there is not a clear majority of any party according to clause, the president shall appoint as Prime Minister the member of the House of Representatives who can have the majority with the support of two or more political parties represented in the House of Representatives.
If there is a situation wherein it is not possible to make the appointment of the prime minister as provided for in clause within 30 days of the final result of the election of the House of Representatives, or if the appointed prime minister, as provided for in clause, fails to receive a vote of confidence, the president shall appoint the leader of the party with the highest number of members in the House of Representatives as the prime minister.
The prime minister appointed according to clause or shall have to receive the vote of confidence of the House of Representatives within 30 days of his/her appointment.
If a prime minister appointed according to clause fails to receive a vote of confidence pursuant to clause, the president shall appoint a member as Prime Minister, who produces bases that he/she may win the vote of confidence of the House of Representatives as provided for in clause.
The prime minister appointed according to clause shall have to get the vote of confidence according to clause.
If the prime minister appointed according to clause fails to get the vote of confidence or if any member fails to be appointed as prime minister, the president shall, on the recommendation of Prime Minister, dissolve the House of Representatives and fix a date to conduct another election within six months.
The procedure regarding the appointment of the prime minister shall have to be completed within 55 days after the post of the prime minister falls vacant, or the announcement of the final results of the election of the House of Representatives according to this Constitution.
The president shall, on the recommendation of the prime minister, form a council of ministers consisting of members not exceeding twenty-five in number from among the members of the Federal Parliament on the basis of the principle of inclusion.
The prime minister and the ministers shall be collectively accountable to the Federal Parliament, and, a minister shall be personally accountable to the prime minister for the works of his/her ministry, and also to the Federal Parliament.
Election and powers
The president is elected by an electoral college comprising the Parliament of Nepal and the members of the provincial legislatures. A law shall determine the weight of each of their votes. Whoever receives a majority of the delegates' votes is elected. If no one receives a majority in the first round, runoffs are held between the top two candidates until one receives a majority.
Tenure
The presidential term is five years. A president may be elected any number of times, but not more than twice in succession.
Powers
The president's powers are almost entirely ceremonial. In some parliamentary republics, the president is vested with executive powers on paper, but is bound by convention to act on the advice of the prime minister and the government. In Nepal, however, the president is not even the nominal chief executive, as the Constitution explicitly vests executive power in the Council of Ministers and the prime minister. Section 75 of 2015 Constitution of Nepal vests the executive power of federal government of Nepal on Council of Ministers of Nepal. Per Section 76, the President is the chairman of Council of Ministers of Nepal and thus exercises executive power collectively with the mandate of the council of ministers. Section 75 is as follows:
The executive power of Nepal shall rest with the Council of Ministers in accordance with this Constitution and law.
The responsibility of providing general directives, control and enforcement regarding the governance system of Nepal, by adhering to this constitution and law, shall rest with the Council of Ministers.
The entire works relating to the federal executive of Nepal shall be done in the name of the Government of Nepal.
The decision or Order and related certification of credentials as provided for by clause shall be done according to law.
Removal
The appointment process of the president of Nepal as per Section 77 of 2015 Constitution of Nepal is as follows: The president shall cease to hold office in the following circumstances:
If he/she tenders written resignation to the president,
If a vote of confidence fails to be approved according to Article, or a motion of no confidence is passed,
If he/she ceases to be a member of the House of Representatives,
If he/she dies.
Furthermore, the Section 77 states: If the president ceases to hold the office according to clause, the same council of ministers shall continue to work until another council of ministers is constituted, provided that, in the case of the death of the president, the senior most minister shall continue to act as president until a new president is appointed.
