5 Separation of Powers and Checks and Balances in Nepal

5.1 The constitutional designThe Constitution of Nepal (2015) adopts the parliamentary form within a federal frame:• Legislature: bicameral Federal Parliament — House of Representatives (the confidence chamber) and National Assembly; legislates, controls the purse, questions ministers, and can unseat the government (Article 100's no-confidence procedure).• Executive: the President as head of state (elected by an electoral college of federal and provincial members) acts on the recommendation of the Council of Ministers in the exercise of most powers; the Prime Minister — leader commanding the confidence of the House of Representatives — heads the government and the Council of Ministers is collectively responsible to the House. The executive's counter-checks: recommendation power over major presidential actions, agenda leadership, and dissolution in defined circumstances.• Judiciary: an independent court hierarchy headed by the Supreme Court; appointment of the Chief Justice on the Constitutional Council's recommendation (Article 284 — chaired by the Prime Minister with the Chief Justice, Speaker, National Assembly Chair, Opposition leader and Deputy Speaker as members), other judges through the Judicial Council; tenure protected, removal only by the Article 101 impeachment process; and the Supreme Court's jurisdiction to review laws and executive acts for constitutional conformity — the judiciary's check on both political organs.• Cross-cutting checks: treaty ratification — Article 279 requires parliamentary ratification (two-thirds of both houses) for treaties on peace…