Here is Article 35 which KING Gane used to asked SPA to give PM Name
PART 7
EXECUTIVE
35. Executive Power:
(1) The executive power of the Kingdom of Nepal shall, pursuant to this Constitution and other laws, be vested in His Majesty and the Council of Ministers.
(2) Except as otherwise expressly provided as to be exercised exclusively by His Majesty or at His discretion or on the recommendation of any institution or official, the powers of His Majesty under this Constitution shall be exercised upon the recommendation and advice and with the consent of the Council of Ministers. Such recommendation, advice and consent shall be submitted through the Prime Minister.
(3) The responsibility of issuing general directives, controlling and regulating the administration of the Kingdom of Nepal shall, subject to this Constitution and other laws, lie in the Council of Ministers.
(4) Except in so far as any action is to be taken in the name of His Majesty pursuant to this Constitution and other laws, all other executive actions shall be expressed to be taken in the name of His Majesty's Government.
(5) Any decision, order or implementation warrant to be issued in the name of His Majesty pursuant to this Constitution and other laws shall be authenticated in such manner as may be set forth in rules made by His Majesty at His discretion. All other decisions, orders and implementation warrants to be issued in the name of the Council of Ministers pursuant to clause (4) above shall be authenticated in such manner as may be set forth in rules approved by His Majesty.
(6) No question shall be raised in any court as to whether or not any recommendation or advice has been given to His Majesty pursuant to this Constitution by the Council of Ministers or any other institution or official, nor shall any question be raised in any court about what recommendation or advice has been given.
English Translation Source
-
http://inic.utexas.edu/asnic/countries/nepal/nepalconstitution.html -----------------
Following are the Analysis of Article 35
----------------------------------------------------
1) Articles 35 and 44 give the king formal status as a part of both the executive and
legislative branches:
2) The executive power of the Kingdom of Nepal shall, pursuant to this Constitution and other laws, be vested in His Majesty and the Council of Ministers. (Article 35/1)
3) Except as otherwise expressly provided as to be exercised exclusively by His Majesty or at His discretion or on the recommendation of any institution or official, the powers of His Majesty under this Constitution shall be exercised upon the recommendation and advice and with the consent of the Council of Ministers. Such recommendation, advice and consent shall be submitted through the Prime Minister. (Article 35/2)
4) The most obvious untouched remnant of absolute power left to the king is that of absolute legal immunity: "No question shall be raised in any court about any act performed by His Majesty" (Article 31). However, such immunity is hardly a unique privilege of the king; it also extends to Ministers, Parliament and various government offices and commissions in matters such as the government's failure to implement the "fundamental" constitutionally mandated directive principles and policies (Article 24), recommendations or advice given by the Council of Ministers "or any other institution or official" (Article 35), nonobservance of rules governing the conduct of government business (Article 41), irregular proceedings in Parliament (Article 62), allocation of election seats (Article 105), and, perhaps most ominously, the suspension of fundamental rights during proclamations of emergency (Article 115). Thus, to the extent that the constitution may contain potential weak spots and dangers for popular sovereignty and democracy, they may lie in immunity from recourse against abuses from forces in the government that are not confined to a possible future resurgence of absolutism in the monarchy itself. On the other hand, it is difficult to imagine how any government could function without some kinds of immunities to safeguard against harassment and malicious interference. Like the U.S. constitution's provisions for legislative immunities (Article 1, Section 6: "...they shall not be questioned in any other place."), other democratic countries provide legal immunities either within the text of constitutional documents or elsewhere in the written and unwritten matrix of constitutional principles and practices. In Nepal, as elsewhere, their potential for democratic or undemocratic implementation will be worked out within this larger matrix.
Source
-
http://inic.utexas.edu/asnic/countries/nepal/nepconstanalysis.html
