Article 286: Election Constituency Delimitation Commission

1) The Government of Nepal may constitute an Election Constituency Delimitation Commission, to determine election constituencies for the purpose of election to the members of the Federal Parliament and members of the State Assemblies in accordance with this Constitution, which shall consist of the following as the Chairperson and members:

(a) Retired Judge of the Supreme Court -Chairperson

(b) One Geographer -Member

(c) One sociologist or demographer – Member

(d) One administration expert or jurist -Member

(e) Gazetted special class officer of the Government of Nepal -Member

2) The term of office of the Election Constituency Delimitation Commission shall be as prescribed at the time of its constitution.

3) A person shall be qualified to be appointed as the Chairperson or a member of the Election Constituency Delimitation Commission if he or she possesses the following qualifications:

(a) Holding at least a bachelor’s degree in a related subject from a recognised university,

(b) Having attained the age of forty-five years, and

(c) Having high moral character.

4) The office of the Chairperson or a member of the Election Constituency Delimitation Commission shall be vacant in any of the following circumstances:

(a) If he or she tenders resignation in writing,

(b) If he or she is removed by the Government of Nepal, Council of Ministers,

(c) If he or she dies.

5) While determining election constituencies pursuant to this Article, the Election Constituency Delimitation Commission shall, subject to sub-clause (a) of clause (1) of Article 84, determine the constituencies in a state in accordance with the federal law, having regard to the population as the main basis and geography as the second basis for representation, and there shall be at least one election constituency in each district within the state.

6) While delimitating election constituencies pursuant to clause (5), regard must be had to, inter alia, the population and geographical convenience, density of population, geographical specificity, administrative and transportation convenience, community and cultural aspects of the constituencies.

7) No question may be raised in any court on any matter of the determination, or review, of election constituencies made by the Election Constituency Delimitation Commission.

8) The Election Constituency Delimitation Commission shall submit a report on the works it has performed to the Government of Nepal.

9) The Government of Nepal, Council of Ministers, shall lay the report received pursuant to clause (8) before the Federal Parliament and send it to the Election Commission for implementation.

10) The Election Constituency Delimitation Commission shall determine its rules of procedure itself.

11) The remuneration and facilities of the Chairperson and the members of the Election Constituency Delimitation Commission shall be similar to those of the Chief Election Commissioner and the Election Commissioners of the Election Commission, respectively.

12) The election constituencies delimited in accordance with clause (5) must be reviewed every twenty years.

13) The Government of Nepal shall provide such employees as may be required for the Election Constituency Delimitation Commission.