Article 162 of the Constitution of Nepal 2072 states that the executive power of the provinces shall be vested in the Provincial Council of Ministers in accordance with the Constitution and the provinces' laws. The process of formation of the state executive is mentioned under the Article 168 of the constitution of Nepal 2072, which is mentioned as follows:
1. The head of state will appoint the leader of the parliamentary party with a majority in the state assembly as the chief minister. The provincial council of ministers will be formed under his chairmanship.
2. In the absence of a majority, a member of the Provincial Assembly who can obtain a majority with the support of two or more parties will be appointed as the Chief Minister.
3. If the second condition is not met, the leader of the party with the largest number of members will be appointed as the Chief Minister.
4. In case of non-receipt of the majority even from the third condition, if any member of the Provincial Assembly presents the right to get a majority, he/she will be appointed as the Chief Minister. Therefore, if the appointed Chief Minister does not receive a vote of confidence within 30 days, on the recommendation of the Chief Minister, the Head of State will dissolve the State Assembly and set a date for the election to be held within six months. The Chief Minister must be appointed within 35 days of the end of the election. In the Provincial Council of Ministers, only 20% of the members of the Provincial Legislature will be appointed as Provincial Ministers.
5. The chief Minister and Ministers shall be collectively responsible to State Assembly, and the ministers shall be individually responsible for the work of their respective Ministers to the Chief Minister and the State Assembly.
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