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).