Part 30: Emergency Power (Article 273)

Title
Part 30: Emergency Power (Article 273)
Description

Declaration of Emergency

  • Authority: The President may declare a state of emergency across Nepal or in any specific part, acting on the recommendation of the Council of Ministers.
  • Grounds: War, external aggression, armed rebellion, extreme economic breakdown, natural calamity, or epidemic.
  • Approval: The declaration must be presented to the House of Representatives (HoR) for approval within one month.
  • Required Majority: A two-thirds ($2/3$) majority of the members present in the HoR is required for approval.
  • Duration: If approved, the emergency remains in force for up to three months. It can be extended for another period of up to three months with another two-thirds majority vote in the HoR.

Suspension of Fundamental Rights

  • During an emergency, certain fundamental rights (such as freedom of speech, assembly, and communication) may be suspended.
  • Non-suspendable rights: The right to life, personal liberty, equality, right against untouchability, and the writ of Habeas Corpus (under Article 46) cannot be suspended under any circumstances.

Key Exam Facts

  • Approval timeline: Within one month of declaration.
  • Majority needed: Two-thirds ($2/3$) of the House of Representatives.
  • Initial duration: 3 months (extendable by an additional 3 months).
Part Number
26
Article Range
Art. 273
Category
Emergency

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