In its suggestions on the preliminary draft of the constitution presented to President Ram Baran Yadav, Prime Minister Sushil Koirala and Constituent Assembly Chairman Subas Nembang, the Army said the provision in Article 262 contradicts with its nature. The Article states that the NA will be responsible in protecting the national sovereignty, integrity, freedom and national unity with the commitment to democratic principle. It has argued that an apolitical institution can never be accountable to the democratic principles.

It has serious reservations over the provision that authorises president to appoint and sack Chief of the Army Staff (CoAS) as per the existing law. The suggestion letter claims that as CoAS retires after completing the tenure or due to age limit under existing Army Act, the aforementioned provision will only politicise the national security force. The appointment of CoAS is a serious and sensitive issue, therefore there should be clear provision that CoAS will be appointed by president under the recommendation of Council of Ministers, reads the letter.

The Army has also strongly opposed the provision that ensures the strengthening and representation of Nepal Police and Armed Police Force for national security claiming that it bears the sole authority for the national security. It has claimed that there is no international practice to involve the Police in the national security.

 Likewise, the NA has a strong reservation for not ensuring the representation of the CoAS in the National Security Council, an authority for the mobilisation and control of the Army. Objecting to the provision of Article 261 that envisions having five-member Council led by Prime Minister with Defense, Home, Finance and Foreign Ministers as members, the Army has said it should be of six-member body including CoAS. It has argued that allowing Defense Secretary to function as secretary of the Council is not justifiable; instead considering the importance and sensitive function of Council chief secretary should be its secretary.