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Home » Constitution Design » Questions for constitution makers in Nepal

Heads of State


It is probably true to say that all countries do in fact have a head of state, though it is not absolutely necessary; ceremonial functions could be given to other state officers. It would be important not to put too much power into the hands of one official. In fact in Nepal under the Interim Constitution the position of the monarchy is in suspension and the functions of the King have been given to others, particularly the Prime Minister. Perhaps the Interim Constitution of Nepal does put too much power in the hands of the Prime Minister.

In some the head of state is a King or Queen, while in most other countries the title is President. In some countries the President is also the person who heads the government. In some the President has no power, other than to do what the government asks (and this is usually the position of kings and queens these days). In some countries the President is given some powers that are intended to act as a check on abuse of power by the government. And in some countries the powers of government are divided between the President and the head of government (perhaps called the Prime Minister).

If Nepal abolishes the monarchy, a decision will have to be made about whether there is to be a different sort of head of state, and what powers that person has and how he or she is chosen.

In most countries the head of state has at least the following functions (though these may involve no exercise of choice by the head of state):

  • Signing laws passed by the legislature (though under the Interim Constitution this function is give to the Speaker and there are a number of of other constitutions that have a similar arrangement)
  • Making certain appointments in a formal way
  • Signing certain important documents
  • Receiving foreign ambassadors
  • Being a symbol of the country at home and overseas

The following table indicates different sorts of heads of state:

Type of Head of State Sub-type Examples
Monarch (King, Queen, Emir etc) Head of Government King of Bhutan until current reforms, Gulf Sheikhs
Some but limited powers King of Nepal until 2006
No effective powers Kings and Queens of European monarchies (Belgium, Holland, Norway, Sweden, UK)
President (with Prime Minister) Purely formal - no or virtually no real powers India
Head of state but with some powers as check on government Portugal
Head of state but with some "real" governmental powers France, Sri Lanka
Head of state with full powers (but with Prime Minister who assists President) Tanzania
President (without Prime Minister) Must be member of Parliament and can be removed (in theory) by vote of no confidence South Africa, Kenya, Kiribati
Not member of Parliament and can be removed only by impeachment USA, Nigeria


Election/choice

The method of choosing or electing a head of state who is not the head of government varies from country to country. In India there is an election by an electoral college that consists of the national Parliament and state parliaments. In a few countries the President is elected by the people (Turkey has just amended its constitution to adopt this system).

Monarchs are usually hereditary. A exception is Malaysia where the Yang di-Pertuan Agong, the King of Malaysia, is chosen from among the rulers of the states on a rotation basis and serves for a fixed term.

In systems where the Head of State is also the head of government, the choice of the individual may be my means of a direct election by the people (as in Nigeria) or by an election college of voters themselves chosen by the people (as in the USA). In some system the head of state and government must also be a member of Parliament (or must be such a members when chosen). Such a head of state has a dual selection process - as a member of parliament, and as a President. An example is the President (Beretitenti) of Kiribati:

The President of Kiribati
Kiribati (pronounced Kiribas) is a small country in the Pacific. It has a mixed system - under which the Head of State is also the Head of Government. The system works like this:

After a general election the Parliament nominates 3 or 4 of its members. The choice between these nominees is made by the electorate. The President may be removed by the Parliament if he or she is incapable (following the report of a Medical Board). He or she can also be removed by a vote of no confidence - but if this happens the parliament is dissolved and there is a general election.


The Presidents of South Africa and Kenya also have this dual role.

There are websites for many heads of state of different types, including:

Non-executive heads of state: without any executive role or function
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