1990 Constitution of Nepal – Part 11-23

PART 11

JUDICIARY

  1. Courts to Exercise Powers Related to Justice: Powers relating to justice in the Kingdom of Nepal shall be exercised by courts and other judical institutions in accordance with the provisions of this Constitution, the laws and the recognized principles of justice.
  2. Courts of Kingdom of Nepal:
    1. Courts in the Kingdom of Nepal shall consist of the following three tiers :
      1. Supreme Court;
      2. Appellate Court; and
      3. District Court.
    2. In addition to the courts referred to in clause (1) above, the law may also establish special types of courts or tribunals for the purpose of hearing special types of cases:Provided that no special court or tribunal shall be constituted for the purpose of hearing a particular
      case.

  3. Supreme Court:
    1. The Supreme Court shall be the highest court in the judicial hierarchy. All other courts and judicial institutions of Nepal, other than the Military Court, shall be under the Supreme Court. The Supreme Court may inspect, supervise and give directives to its subordinate courts and other judicial institutions.
    2. The Supreme Court shall be a Court of Record. It may initiate proceedings and impose punishment in accordance with law for contempt of itself and of its subordinate courts or judical institutions.
    3. The Supreme Court shall, in addition to the Chief Justice of Nepal, consist of up to a maximum of fourteen other Judges. If at any time, the number of existing Judges becomes insufficient due to an increase in the number of cases in the Supreme Court, ad hoc Judges may be appointed for a fixed term.
  4. Appointment, Qualifications and conditions of Service of Judges of the Supreme Court:
    1. His Majesty shall appoint the Chief Justice of Nepal on the recommendation of the Constitutional Council, and other Judges of the Supreme Court on the recommendation of the Judicial Council. The tenure of office of the Chief Justice shall be seven years from the date of appointment.
    2. Any person who has worked as a Judge of the Supreme Court for at least five years is eligible for appointment as Chief Justice.
    3. Any person who has worked as a Judge of an Appellate Court or in any equivalent post of the Judicial Service for at least ten years; or has practised law for at least fifteen years as a law graduate advocate or senior advocate; or who is a distinguished jurist who has worked for at least fifteen years in the judicial or legal field is eligible for appointment as a Judge of the Supreme Court.Explanation: For the purpose of this clause, services rendered prior to the commencement of this Constitution as a Judge of a Regional Court or Zonal Court shall be deemed as service rendered in an Appellate Court.
    4. If the office of the Chief Justice becomes vacant, or the Chief Justice is unable to carry out the duties of his office due to illness or any other reason, or he cannot be present in office due to a leave of absence or his being outside of Nepal, His Majesty may designate the seniormost Judge to act as the Acting Chief Justice.
    5. The Chief Justice or any other Judge of the Supreme Court shall hold office until he attains the age of sixty five years.
    6. The Chief Justice or any other Judge of the Supreme Court may, by submitting to His Majesty his resignation in writting, resign his office at any time.
    7. The Chief Justice or any other Judge of the Supreme Court shall be removed from his office if, for reasons of incompetence, misbehaviour or failure to discharge the duties of his office in good faith, the House of Representatives, by a two-thirds majority of the total number of its members, passes a resolution for his removal and the resolution is approved by His Majesty.
    8. (8) The Chief Justice or any other Judge of the Supreme Court charged pursuant to clause (7) shall be given a reasonable opportunity to defend himself, and for this purpose, the House of Representatives may constitute a Committee of Inquiry consisting of its members and legal experts for the purposes of recording the statement of the Judge, collecting evidence and submitting its findings. The working procedure of the Committee shall be determined by law.
    9. The Chief Justice or the Judge of the Supreme Court against whom impeachment proceedings are being initiated pursuant to clause (7) shall not perform his duties until the proceedings are final.
    10. Except as otherwise provided for in this Constitution, the remuneration, allowances, leave, pension, gratuities and other conditions of service of the Chief Justice and other Judges of the Supreme Court shall be regulated by law.
    11. (11) The remuneration, privileges and other conditions of service of the Chief Justice and other Judges of the Supreme Court shall not be altered to their disadvantage.
    12. Any person who has once held the office of Chief Justice or Judge of the Supreme Court shall not be eligible for appointment in any Government Service, nor shall he be entitled to practise law before any office or court:Provided that nothing in this clause shall be deemed to be a bar to his appointment to a political position, to a position concerning judicial inquiry or to a position in which his responsibility extends to giving his advice, opinions and recommendations on the basis of study, research and investigation in the field of justice or law.
    13. The Chief Justice may, on the recommendation of the Judicial Council, appoint a retired Judge of the Supreme Court or any person who is qualified to be appointed Judge of the Supreme Court pursuant to this Article, as an ad hoc Judge for a fixed term. The ad hoc Judge thus appointed shall, in carrying out his duties in the capacity of Judge, be entitled to remuneration, allowances, leave and transportation facilities similar to that of a Judge of the Supreme Court:Provided that the Chief Justice shall obtain approval from His Majesty before making an appointment under this clause.
  5. Jurisdiction of the Supreme Court:
    1. Any Nepali citizen may file a petition in the Supreme Court to have any law or any part thereof declared void on the ground of inconsistency with this Constitution because it imposes an unreasonable restriction on the enjoyment of the fundamental rights conferred by this Constitution or on any other ground, and extra-ordinary power shall rest with the Supreme Court to declare that law as void either ab initio or from the date of its decision if it appears that the law in question is inconsistent with the Constitution.
    2. The Supreme Court shall, for the enforcement of the fundamental rights conferred by this Constitution, for the enforcement of any other legal right for which no other remedy has been provided or for which the remedy even though provided appears to be inadequate or ineffective, or for the settlement of any constitutional or legal question involved in any dispute of public interest or concern, have the extraordinary power to issue necessary and appropriate orders to enforce such rights or settle the dispute. For these purposes, the Supreme Court may, with a view to imparting full justice and providing the appropriate remedy, issue appropriate orders and writs including the writs of habeas corpus, mandamus, certiorari, Prohibition and quo warranto:Provided that:
      1. the Supreme Court shall not be deemed to have power under this clause to interfere with the proceedings and decisions of the Military Court except on the ground of absence of jurisdiction or on the ground that a proceeding has been initiated against, or punishment given to, a non-military person for an act other than an offence relating to the Army.
      2. except on the ground of absence of jurisdiction, the Supreme Court shall not interfere under this clause with the proceedings and decisions of Parliament concerning penalties imposed by virtue of its Privileges.
    3. The Supreme Court shall have original and appellate jurisdiction as defined by law.
    4. The Supreme Court may review its own judgments or final orders subject to the conditions and in the circumstances prescribed by law.
    5. If His Majesty wishes to have an opinion of the Supreme Court on any complicated legal question of interpretation of this Constitution or of any other law, it shall, upon consideration on the question, report to His Majesty its opinion thereon.
    6. Other powers and procedures of the Supreme Court shall be as prescribed by law.
  6. Establishment and Management of Appellate Courts and District Courts: The establishment,
    management and jurisdiction of the Appellate Courts, Disrtict Courts and other courts subordinate to the Supreme Court shall be determined by law subject to this Constitution.
  7. Qualifications for Judges of Appellate Courts and Districts Courts:
    1. Any person who is a Nepali citizen shall be eligible for appointment as Chief Judge or other Judge of an Appellate Court if he, having a Bachelor’s Degree in law, has worked as a District Judge or worked in any other equivalent post for a period of at least seven years; or has practised law for at least ten years as a law graduate advocate or senior advocate; or has taught law or done research thereon or has worked in any other field of law or justice for at least ten years.
    2. A person who is a Nepali citizen, who has a Bachelor’s Degree in law, and has worked for at least four years as a second class gazetted officer in the Judicial Service is eligible for appointment as a District Judge:Provided that nothing herein shall prevent the continuance or reappointment of the Judges who at the commencement of this Constitution are working as Judges.
    3. Unless the subject or context otherwise requires, the word “Judge” as mentioned in this Article and ensuing Articles shall mean and include an Additional Judge.
  8. Appointment and Conditions of Service of the Judges of Appellate Courts and District Courts:
    1. His Majesty shall, on the recommendation of the Judicial Council, appoint any Chief Judge and Judges of the Appellate Courts and any Judges of the District Courts:Provided that His Majesty may delegate His authority to the Chief Justice for the appointment of the District Judges to be made on the recommendation of the Judicial Council.
    2. The Chief Justice may transfer a Judge of an Appellate or District Court from one court to another on the recommendation of the Judicial Council.
    3. If the Judicial Council recommends that a Chief Judge or any other Judge of an Appellate Court or any Judge of a District Court be removed from his office for reasons of incompetence, misbehaviour or failure to carry out the duties of his office in good faith, or if it recommends that it is necessary and expedient to initiate proceedings against such Judge in accordance with law for reasons of misbehaviour, and if such recommendation is accepted by His Majesty, such Chief Judge or Judge shall be so removed from his office or proceedings will be initiated against him in accordance with law:Provided that the Chief Judge or any other Judge who is facing such charge shall be given a reasonable opportunity to defend himself before the said recommendation is made and for this purpose, the Judicial Council shall cause an investigation to be made by a Committee of Inquiry under the Chairmanship of a Judge of the Supreme Court for the purposes of recording the statement of the Judge, collecting evidence and submitting its findings.
    4. A Chief Judge or a Judge of an Appellate Court, or a Judge of a District Court may, by submitting to His Majesty his resignation in writing, resign his office.
    5. A Chief Judge and other Judges of an Appellate or District Court shall continue to hold office
      until the age of sixty three.
    6. The remuneration, allowances, leave, pension, gratuities or other privileges and other conditions of service of a Chief Judge and other judges of an Appellate or District Court shall be as determined by law.
    7. The remuneration, privileges and conditions of service of a Chief Judge and other Judges of an Appellate Court or District Court shall not be altered to their disadvantage.
  9. Judges not to be Transferred to, or Engaged in, any other Assignment:A Judge shall not be transferred to, engaged in, or deputed to, any work except that of a Judge:Provided that His Majesty may, in consultation with the Judicial Council, depute for a specified period a Judge of the Supreme Court or a Chief Judge of any Appellate Court to work concerning judicial inquiry, to legal or judicial investigation or research, or to any other work of national concern. With regard to other Judges of the Appellate Courts and District Courts, the Chief Justice may, in consultation with the Judicial Council, depute them to the above works, including election works.
  10. Judicial Council:
    1. There shall be a Judicial Council to make recommendations and give advice in accordance with this Constitution concerning the appointment of, transfer of, disciplinary action against, and dismissal of Judges, and other matters relating to judicial administration, which shall consist of the following as its Chairman and members:
      1. the Chief Justice, ex-officio Chairman;
      2. the Minister of Justice, ex-officio member;
      3. the two seniormost Judges of the Supreme Court, ex-officio members; and
      4. one distinguished jurist to be nominated by His Majesty.
    2. Notwithstanding anything contained in clause (1) above, if it becomes necessary for the Judicial Council to consider any matter relating to a Judge who is a member of the Council or to make a recommendation to His Majesty about such Judge, the Judge next in seniority shall take part as a member.
    3. The term of office and privileges of the member referred to in sub-clause (d) of clause (1) shall be as prescribed by His Majesty.
    4. The powers and duties of the Judicial Council other than those referred to in clause (1) shall be as prescribed by law.
    5. The Judicial Council may frame rules to regulate its business. Such rules shall become effective upon approval by His Majesty.
  11. Judicial Service Commission:
    1. In appointing, transferring or promoting Gazetted Officers of the Judicial Service or taking departmental action concerning such officer in accordance with law, His Majesty’s Government shall act on the recommendation of the Judicial Service Commission:Provided that His Majesty’s Government shall consult the Public Service Commission for the purpose of permanent recruitment to gazetted posts of the Judicial Service from persons who are not already in the Government Service or from persons being promoted from non-gazetted to gazetted posts within the Judicial Service.
    2. The Judicial Service Commission shall consist of the following as its Chairman and members:
      1. the Chief Justice, ex-officio Chairman;
      2. the Minister of Justice, ex-officio member;
      3. the Seniormost Judge of the Supreme Court, ex-officio member;
      4. the Chairman of the Public Service Commission, ex-officio member; and
      5. the Attorney-General, ex-officio member.
    3. Other powers, duties and procedures of the Judicial Service Commission shall be as determined by law.
  12. Duty to Extend Cooperation: It shall be the duty of His Majesty’s Government and the offices and officials subordinate to His Majesty’s Government to act in aid of the Supreme Court and other courts in carrying out the functions of dispensing justice.
  13. Orders and Decisions of Courts to be Binding:
    1. All shall abide by the orders and decisions made in the course of hearing of a suit by courts.
    2. Any interpretation given to a law or any legal principle laid down by the Supreme Court in the course of hearing of a suit shall be binding on His Majesty’s Government and all offices and courts.

 

PART 12

COMMISSION FOR THE INVESTIGATION OF ABUSE OF AUTHORITY

 

  1. Commission for the Investigation of Abuse of Authority:
    1. There shall be a commission to be called the Commission for the Investigation of Abuse of Authority of the Kingdom of Nepal consisting of a Chief Commissioner and such number of other Commissioners as may be required. If apart from the Chief Commissioner other Commissioners are appointed, the Chief Commissioner shall act as Chairman of the Commission for the Investigation of Abuse of Authority.
    2. His Majesty shall, on the recommendation of the Constitutional Council, appoint the Chief Commissioner and other Commissioners.
    3. The term of office of the Chief Commissioner and other Commissioners shall be six years from the date of appointment. They shall be eligible for reappointment:Provided that:
      1. (a) if before the expiry of his term, the Chief Commissioner or a Commissioner attains the age of sixty five, he shall retire.
      2. (b) the Chief Commissioner or a Commissioner may be removed from his office on the same grounds and in the same manner as has been set forth for the removal of a Judge of the Supreme Court.
    4. The office of the Chief Commissioner or a Commissioner shall be deemed vacant under the following circumstances:
      1. (a) if he dies; or
      2. (b) if his resignation submitted to His Majesty in writing is accepted by Him; or
      3. (c) if pursuant to clause (3) his term expires or he is removed from his office.
    5. No person shall be eligible to be appointed as the Chief Commissioner or a Commissioner unless he:
      1. holds a Bachelor’s Degree from a university recognised by His Majesty’s Government;
      2. is not a member of any political party immediately before appointment;
      3. has at least ten years experience in the field of either law, accounting, revenue, construction, development or research, and is a distinguished person; and
      4. has attained the age of forty five.
    6. The remuneration and other conditions of service of the Chief Commissioner and the Commissioners shall be as determined by law. The remuneration and other conditions of service of the Chief Commissioner and the Commissioners shall not, so long as they hold office, be altered to their disadvantage.
    7. A person once appointed as the Chief Commisioner or Commissioner shall not be eligible for appointment in other Government Service:Provided that:
      1. nothing in this clause shall be deemed to be a bar to appointment of a Commissioner of the Commission for the Investigation of Abuse of Authority as its Chief Commissioner, and when a Commissioner is so appointed as the Chief Commissioner, his term of office shall be computed as to include his term as Commissioner.
      2. nothing in this clause shall be a bar to appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out studies or research on any subject.
  2. Functions, Duties and Powers of the Commission for the Investigation of Abuse of Authority:
    1. The Commission for the Investigation of Abuse of Authority may, in accordance with law, conduct or cause to be conducted inquiries into, and investigations of, improper conduct or corruption by a person holding any public office:Provided that the Commission for the Investigation of Abuse of Authority shall not have jurisdiction over the following officials:
      1. any official in relation to whom this Constitution itself separately provides for such action; and
      2. any official to be prosecuted under the Army Act.
    2. If the Commission for the Investigation of Abuse of authority finds, upon inquiry or investigation carried out pursuant to clause (1), that any person holding any public office has misused his authority by improper conduct, it may admonish such person, or forward a recommendation to the concerned authority in writing for taking departmental or any other necessary action.
    3. If the Commission for the Investigation of Abuse of Authority finds, upon inquiry or investigation carried out pursuant to clause (1), that a person holding any public office has committed an act which is defined by law as corrupt, it may bring or cause to be brought an action against such person or any other person involved therein in a court with jurisdiction in accordance with law.
    4. Subject to this Constitution, other functions, duties, powers and procedures of the Commission for the Investigation of Abuse of Authority shall be as determined by law.
    5. The Commission for the Investigation of Abuse of Authority may delegate any of its powers, functions and duties relating to the inquiry, investigation or bringing actions, to the Chief Commissioner, a Commissiner or any employee of His Majesty’s Government to be exercised and complied with subject to the specified conditions.
    6. The Commission for the Investigation of Abuse of Authority shall submit an annual report to His Majesty on the works it has performed in accordance with this Constitution. His Majesty shall cause such report to be laid before Parliament.

 

PART 13

AUDITOR-GENERAL

 

  1. Auditor-General:
    1. There shall be an Auditor-General of the Kingdom of Nepal who shall be appointed by His Majesty on the recommendation of the Constitutional Council.
    2. The term of office of the Auditor-General shall be six years from the date of appointment. He shall be eligible for reappointment:Provided that:
      1. if before the expiry of his term, the Auditor-General attains the age of sixty five, he shall retire.
      2. he may be removed from his office on the same grounds and in the same manner as has been set forth for the removal of a Judge of the Supreme Court.
    3. The office of the Auditor-General shall be deemed vacant in the following circumstances:
      1. if he dies; or
      2. if his resignation submitted to His Majesty in writing is accepted by Him; or
      3. if pursuant to clause (2) his term expires or he is removed from his office.
    4. No person shall be eligible to be appointed as the Auditor-General unless he:
      1. holds a Bachelor’s Degree from a university recognized by His Majesty’s Government;
      2. has worked for at least five years as a special class officer of His Majesty’s Government or has experience in the field of accounting of not less than fifteen years;
      3. is not a member of any political party immediately before appointment; and
      4. has attained the age of forty five.
    5. The remuneration and other conditions of service of the Auditor-General shall be as determined by law. The remuneration and other conditions of service of the Auditor-General shall not, so long as he holds office, be altered to his disadvantage.
    6. A person once appointed to the office of the Auditor-General shall not be eligible for appointment in other Government Service:Provided that nothing in this Clause shall be a bar to appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out studies or research on any subject.
  2. Functions, Duties and Powers of the Auditor-General:
    1. The accounts of the Supreme Court, the Parliament, the Raj Parishad, the Commission for the Investigation of Abuse of Authority, the Office of the Auditor-General, the Public Service Commission, the Election Commission, other offices of the Constitutional Bodies, the Royal Nepal Army and the Nepal Police, and all other government offices and courts shall be audited by the Auditor-General in the manner as determined by law, with due consideration given to the regularity, economy, efficiency, efffectiveness and the propriety thereof.
    2. The Auditor-General shall be consulted in the matter of appointment of auditors for carrying out the audit of any corporate body of which His Majesty’s Government owns more than fifty percent of the shares or the assets. The Auditor-General may also issue necessary directives setting forth the principles for carrying out the audit of such corporate bodies.
    3. The Auditor-General and his assistants shall, at all times, have access to documents concerning the accounts for the purpose of carrying out the functions stipulated in clause (1) above. It shall be the duty of the concerned office to provide all such documents or information which may be demanded by the Auditor-General or his assistants.
    4. The accounts to be audited pursuant to clause (1) above shall, subject to the relevant law, be maintained in such form as prescribed by the Auditor-General.
    5. In addition to the accounts of the offices referred to in clause (1) above, the law may also require that the accounts of any other office or institution be audited by the Auditor-General.
    6. The Auditor-General shall submit an annual report to His Majesty on the works he has performed. His Majesty shall cause such report to be laid before Parliament.

 

PART 14

PUBLIC SERVICE COMMISSION

 

  1. Public Service Commission:
    1. There shall be a Public Service Commission of the Kingdom of Nepal consisting of a Chairman and such number of other members as may be required.
    2. His Majesty shall, on the recommendation of the Constitutional Council, appoint the Chairman and other members of the Public Service Commission.
    3. At least fifty percent of the total number of the members of the Public Service Commission shall be appointed from persons who have worked for ten or more than ten years in any government office, and the rest of the members shall be appointed from persons, who have done research, investigation, teaching or any other significant work in fields such as science, art, literature, law or any other sphere of national life and who hold a high reputation.
    4. The term of office of the Chairman and the members of the Public Service Commission shall be six years from the date of appointment. They shall be eligible for reappointment:
      Provided that:

      1. if before the expiry of his term, the Chairman or a member of the Public Service Commission attains the age of sixty five, he shall retire.
      2. the Chairman and the members of the Public Service Commission may be removed from their offices on the same grounds and in the same manner as has been set forth for removal of a Judge of the Supreme Court.
    5. The office of the Chairman or a member of the Public Service Commission shall be deemed vacant in the following circumstances:
      1. if he dies; or
      2. if his resignation submitted to His Majesty in writing is accepted by Him; or
      3. if pursuant to clause (4) his term expires or he is removed from his office.
    6. No person shall be eligible to be appointed as the Chairman or a member of the Public Service Commission unless he:
      1. holds a Post Graduate Degree from a university recognised by His Majesty’s Government;
      2. is not a member of any political party immediately before appointment; and
      3. has attained the age of forty five.
    7. The remuneration and other conditions of service of the Chairman and the members of the Public Service Commission shall be as determined by law. The remuneration and other conditions of service of the Chairman and the members of the Public Service Commission shall not, so long as they hold office, be altered to their disadvantage.
    8. A person once appointed to the office of the Chairman or a member of the Public Service Commission shall not be eligible for appointment in other Government Service:
      Provided that:

      1. nothing in this clause shall be a bar to appointment of a member of the Public Service Commission as Chairman thereof, and when a member is so appointed as the Chairman, his term of office shall be computed as to include his term as member; and
      2. nothing in this clause shall be a bar to appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out studies or research on any subject.
  2. Functions, Duties and Powers of the Public Service Commission:
    1. It shall be the duty of the Public Service Commission to conduct examinations for the selection of suitable candidates to be appointed to Civil Service posts.
      Explanation: For the purposes of this Article, all services and positions in His Majesty’s Government shall be deemed included within the Civil Service, except Army Officers and Soldiers, the service and positions of Police Personnel, and such other services and positions as are excluded from the Civil Service or positions by any law.
    2. Permanent appointment to any position in the Civil Service which carries the benefit of pension shall not be made except in consultation with the Public Service Commission.
    3. The Public Service Commission shall be consulted on the following subjects:
      1. matters concerning the law relating to the conditions of service of the Civil Service;
      2. the general principles to be followed in the course of appointment to, promotion to, and departmental action concerning the Civil Service or positions;
      3. matters concerning the suitability of any candidate for appointment to a Civil Service position for a period of more than six months;
      4. matters concerning the suitability of any candidate for transfer or promotion from one service to another within the Civil Service or from any other Government Service to the Civil Service;
      5. matters concerning the permanent transfer or promotion of any employee, working in any position of an organisation which is not required to consult with the Public Service Commission on matters of appointment, to any position for which consultation with the Public Service Commission is required; and
      6. matters relating to departmental actions proposed against any Civil Servant.
    4. Notwithstanding anything contained in clause (3), matters falling within the purview of the Judicial Service Commission pursuant to Article 94 of this Constitution shall be governed by that Article.
    5. The Public Service Commission may delegate any of its functions, duties and powers to any of its members, a committee of such members or any employee of His Majesty’s Government, to be exercised and complied with subject to the specified conditions.
    6. Subject to this Constitution, other functions, duties and working procedures of the Public Service Commission shall be as regulated by law.
    7. Each year, the Public Service Commission shall submit to His Majesty an annual report on the works it has performed. His Majesty shall cause such report to be laid before Parliament.

 

PART 15

ELECTION COMMISSION

 

  1. Election Commission:
    1. There shall be an Election Commission of the Kingdom of Nepal consisting of a Chief Election Commissioner and such number of other Commissioners as may be required. If apart from the Chief Election Commissioner other Election Commissioner are appointed, the Chief Election Commissioner shall act as Chairman of the Election Commission.
    2. His Majesty shall, on the recommendation of the Constitutional Council, appoint the Chief Election Commissioner and other Election Commissioners.
    3. The term of office of the Chief Election Commissioner and other Election commissioners shall be six years from the date of appointment. They shall be eligible for reappointment;Provided that:
      1. if before the expiry of his term, the Chief Election Commissioner or an Election Commissioner attains the age of sixty five, he shall retire.
      2. the Chief Election Commissioner and other Election Commissioners may be removed from their offices on the same grounds and in the same manner as has been set forth for removal of a Judge of the Supreme Court.
    4. The office of the Chief Election Commissioner or an Election Commissioner shall be deemed vacant in the following circumstances:
      1. if he dies; or
      2. if his resignation submitted to His Majesty in writing is accepted by Him; or
      3. if pursuant to clause (3) his term expires or he is removed from his office.
    5. No person shall be eligible to be appointed as the Chief Election Commissioner or an Election Commissioner unless he:
      1. holds a Bachelor’s Degree from a university recognised by His Majesty’s Government;
      2. is not a member of any political party immediately before appointment; and
      3. has attained the age of forty five.
    6. The remuneration and other conditions of service of the Chief Election Commissioner and the Election Commissioners shall be as determined by law. The remuneration and other conditions of service of the Chief Election Commissioner and the Election Commissioners shall not, so long as they hold office, be altered to their disadvantage.
    7. A person once appointed to the office of the Chief Election Commissioner or an Election Commissioner shall not be eligible for appointment in other Government Service:Provided that:
      1. nothing in this clause shall be a bar to appointment of an Election Commissioner as Chief Commissioner, and when a Commissioner is so appointed as the Chief Commissioner, his term of office shall be computed as to include his term as Commissioner.
      2. nothing in this clause shall be a bar to appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out studies or research on any subject.
  2. Functions, Duties and Powers of the Election Commission:
    1. The Election Commission shall, subject to the provisions of this Constitution and other laws, conduct, supervise, direct and control the elections to Parliament and Local Authorities at the village, town and district levels. For these purposes, the Election Commission shall prepare the electoral rolls of voters.
    2. If, after nominations for election to Parliament have been filed but before the election is completed, a question arises whether a candidate is disqualified or has ceased to possess the qualifications set forth in Article 47, final decision thereon shall be made by the Election Commission.
    3. The Election Commission may delegate any of its functions, duties and powers to the Chief Election Commissioner a Commissioner or any employee of His Majesty’s Government, to be exercised and complied with subject to the specified conditions.
    4. Subject to this Constitution, other functions, duties and working procedures of the Election Commission shall be as regulated by law.
  3. Election Constituency Delimitation Commission:
    1. His Majesty shall, on the recommendation of the Constitutional Council, constitute an Election Constituency Delimitation Commission. The tenure of the Commission shall be as specified by His Majesty.
    2. After determining the number of seats in the House of Representatives for each district pursuant to Article 45, the Election Consituency Delimitation Commission shall delimitate the constituencies in districts having more than one seat; and in so delimitating the constituencies, the Commission shall give due consideration to the boundaries, the geographical conditions, the density of population, the transportation facilities, and the communal homogeinity or heterogeneity of the local residents in the administrative districts.
    3. No question shall be raised in any court on matters of allocation of seats to a district and the delimitation of constituencies made by the Election Constituency Delimitation Commission pursuant to clause (2).
    4. The remuneration and privileges of the Chairman and the members of the Election Constituency Delimitation Commission shall be similar to those of the Chief Election Commissioner and the Election Commissioners respectively.
    5. Subject to this Constitution, other functions, duties and working procedures of the Election Constituency Delimitation Commission shall be as regulated by law.
  4. Election Court: Petitions concerning elections shall be entertained by a court prescribed by law.
  5. Restriction on Court Interference in Matters Relating to Elections: Notwithstanding anything contained in other Articles of this Constitution, unless a petition is filed in the manner prescribed by law in the court prescribed under Article 106, no question shall be raised in any court regarding any election to the membership of Parliament.
  6. His Majesty’s Government to Provide Necessary Employees to the Election Commission: His Majesty’s Government shall provide such necessary employees and other things as may be required to carry out the functions of the Election Commission in accordance with this Constitution.

 

PART 16

ATTORNEY-GENERAL

 

  1. 109. Appointment of Attorney-General:
    1. There shall be an Attorney-General of the Kingdom of Nepal to be appointed by His Majesty on the recommendation of the Prime Minister. The Attorney-General shall hold office during the pleasure of His Majesty.
    2. No person shall be eligible to appointment as Attorney-General unless he is qualified to be appointed as a Judge of the Supreme court.
    3. The office of the Attorney-General shall be deemed vacant under the following circumstances:
      1. if he dies; or
      2. if his resignation submitted to His Majesty in writing is accepted by Him; or
      3. if he is relieved of his office by His Majesty on the recommendation of the Prime Minister.
    4. The remuneration and other conditions of service of the Attorney-General shall be as determined by law.
  2. Functions, Duties and Powers of the Attorney-General:
    1. The Attorney-General shall be the Chief Legal Advisor to His Majesty’s Government. It shall be the duty of the Attorney-General to give opinions and advice on constitutional and legal matters to His Majesty’s Government and such other authorities as His Majesty’s Government may specify.
    2. The Attorney-General or officers subordinate to him shall represent His Majesty’s Government in suits wherein the rights, interests or concerns of His Majesty’s Government are involved. The Attorney-General shall have the right to make the final decision as to whether or not to initiate proceedings in any case on behalf of His Majesty’s Government in any court or judicial authority.
    3. In addition to the functions, duties and powers referred to in clauses (1) and (2), other functions, duties and powers of the Attorney-General shall be as specified in this Constitution or other laws.
    4. In the course of discharging his official duties, the Attorney-General shall have the right to appear in any court, office or authority of the Kingdom of Nepal.
    5. The Attorney-General may delegate his functions, duties and powers under this Article to his subordinates, to be exercised and complied with subject to the specified conditions.
    6. Each year, the Attorney-General shall submit an annual report to His Majesty’s Government on the works performed by him in accordance with this Constitution and other laws, including a statement about crimes committed in the Kingdom of Nepal and His Majesty’s Government shall cause the report to be laid before Parliament.
  3. Right to Appear in Parliament: The Attorney-General shall have the right to appear and express his opinion on any legal question in either House, any of their committees or the Joint Session of Parliament:Provided that he shall not have the right to vote.

 

PART 17

POLITICAL ORGANISATIONS

 

  1. Prohibition on the Imposition of Restrictions on Political Organisations or Parties:
    1. Persons who are committed to common political objectives and programmes shall, subject to laws made under provison (3) of clause (2) of Article 12 of this Constitution, be entitled to form and operate political organisations or parties of their choice and to generate or cause to be generated publicity in order to secure support and cooperation from the general public for their objectives and programmes, and to carry out any other activity for this purpose. Any law, arrangement or decision which restricts any of such activities shall be inconsistent with this Constitution and shall be void.
    2. Any law, arrangement or decision which allows for participation or involvement of only a single political organization or party or persons having a single political ideology in the elections or in the political system of the country shall be inconsistent with this Constitution and shall be void.
    3. The Election Commission shall withhold recognition from any political organisation or any party which has been formed either with the objectives mentioned in clause (2) above or on the basis of religion, community, caste, tribe or region.
  2. Registration Required for Securing Recognition for the purpose of Contesting Elections as a Political Organisation or Party:
    1. Any political organisation or party wishing to secure recognition from the Election Commission for the purposes of elections, shall be required to register its name with the office of the Election Commission in accordance with the procedure as determined by the Commission. A Petition so submitted for registration shall contain clear information about the name of the concerned political organisation or party, the names and addresses of the members of its executive committee or any such other committee and such petition shall be accompanied by the rules and manifesto of the organisation or the party.
    2. Political organisations and parties shall be required to fulfill, in addition to the matters contained in this Part, the following conditions in order to qualify for registration pursuant to clause (1) above:
      1. the constitution and the rules of the political organisation or party must be democratic;
      2. the constitution or the rules of the organisation or party must provide for election of office bearers of the organisation or party at least once every five years;
      3. must have complied with the provisions of Article 114; and
      4. must have secured a minimum of three percent of the total votes cast in the election to the House of Representatives:Provided that the terms and conditions mentioned in this sub-clause shall not apply to the contesting of the first election to the House of Representatives held pursuant to this Constitution.
        Explanation: If any candidate belonging to a party which has secured less than three percent of the total votes cast is elected to the House of Representatives, such person shall be deemed to be an independent not belonging to an organisation or party.
    3. The Election Commission shall not register any political organisation or party if any Nepali citizen is discriminated against in becoming a member on the basis of religion, caste, tribe, language or sex or if the name, objectives, insignia or flag is of such a nature that it is religious or communal or tends to fragment the country.
  3. Women Candidates: For the purposes of elections to the House of Representatives, at least five percent of the total number of candidates contesting an election from any organisation or party must be women candidates.

 

PART 18

EMERGENCY POWER

 

  1. Emergency Power:
    1. If a grave emergency arises in regard to the sovereignty or integrity of the Kingdom of Nepal or the security of any part thereof, whether by war, external aggression, armed rebellion or extreme economic disarray, His Majesty may, by Proclamation, declare or order a State of Emergency in respect of the whole of the Kingdom of Nepal or of any specified part thereof.
    2. Every Proclamation or Order issued under clause (1) above shall be laid before a meeting of the House of Representatives for approval within three months from the date of issuance.
    3. If a Proclamation or Order laid for approval pursuant to clause (2) is approved by a two-thirds majority of the House of Representatives present at the meeting, such Proclamation or Order shall continue in force for a period of six months from the date of issuance.
    4. If a Proclamation or Order laid before a meeting of the House of Representatives pursuant to clause (2) is not approved pursuant to clause (3), such Proclamation or Order shall be deemed ipso facto to cease to operate.
    5. Before the expiration of the period referred to in clause (3), if a meeting of the House of Representatives, by a majority of two-thirds of the members present, passes a resolution to the effect that circumstances referred to in clause (1) above continue to exist, it may extend the period of the Proclamation or Order of the State of Emergency for one other period, not exceeding six months as specified in such resolution, and the Speaker shall inform His Majesty of such extension.
    6. During a dissolution of the House of Representatives, the National Assembly shall exercise the powers of the House of Representatives for the purposes of clauses (2), (3), (4) and (5) above.
    7. After a State of Emergency has been declared pursuant to clause (1), His Majesty may issue such Orders as are necessary to meet the exigencies. Orders so issued shall be operative with the same force and effect as law so long as the State of Emergency is in operation.
    8. His Majesty may, at the time of making a Proclamation or Order of a State of Emergency pursuant to clause (1), suspend sub-clauses (a), (b), (d) and (e) of clause (2) of Article 12, clause (1) of Article 13 and Articles 15, 16, 17, 22 and 23 of this Constitution for as long as the Proclamation is in operation:Provided that the right to the remedy of habeas corpus under Article 23 shall not be suspended.
    9. In circumstances where His Majesty has suspended any Article of this Constitution pursuant to clause (8), no petition may lie, nor question be raised in any court for the enforcement of the fundamental right conferred by such Article.
    10. If, during the continuance of a Proclamation or Order under clause (1), any damage is inflicted upon any person by an act of any official which was done in contravention of law or in bad faith, the affected person may, within three months from the date of termination of the Proclamation or Order, file a petition for compensation for the said damage and if the court finds the claim valid, it shall cause compensation to be delivered.
    11. A Proclamation or Order of a State of Emergency issued pursuant to clause (1) may be revoked by His Majesty at any time during its continuance.

PART 19

AMENDMENT OF THE CONSTITUTION

 

  1. Amendment of the Constitution:
    1. A Bill to amend or repeal any Article of this Constitution, without prejudicing the spirit of the Preamble of this Constitution, may be introduced in either House of Parliament:
      Provided that this Article shall not be subject to amendment.
    2. If each House, with two-thirds of its total membership attending, passes a Bill introduced pursuant to clause (1) by a majority of at least two-thirds of the members present, the Bill shall be submitted to His Majesty for assent; and His Majesty may, within thirty days from the date of submission, either grant assent to such Bill or send the Bill back for reconsideration with His massage to the House where the Bill originated.
    3. A Bill sent back by His Majesty pursuant to clause (2) above shall be reconsidered by both Houses of Parliament; and if both the Houses, upon following the procedures referred to in clause (2), resubmit the Bill in its original or an amended form to His Majesty for assent, His Majesty shall grant assent to such Bill within thirty days of such submission.

 

PART 20

MISCELLANEOUS

 

  1. Constitutional Council:
    1. (1) There shall be a Constitutional Council, for making recommendations in accordance with this Constitution for appointment of officials to Constitutional Bodies, which shall consist of the following as Chairman and members:
      1. the Prime Minister Chairman;
      2. the Chief Justice Member;
      3. the Speaker of the House of Representatives Member;
      4. the Chairman of the National Assembly Member; and
      5. the Leader of the Opposition in the House of Representatives Member.
    2. For the purpose of recommendation of an appointment of the Chief Justice, the Constitutional Council shall include among its members the Minister of Justice and a Judge of the Supreme Court.
    3. The functions, duties and powers of the Constitutional Council shall be as determined by this Constitution and other laws.
    4. The Constitutional Council constituted pursuant to clause (1) shall have the power to regulate its working procedures on its own.
  2. Provisions Regarding the Royal Nepal Army:
    1. There shall be a National Defence Council of Nepal consisting of the following as Chairman and members:
      1. the Prime Minister Chairman;
      2. the Defence Minister Member;and
      3. the Commander-in-Chief Member.
    2. His Majesty shall operate and use the Royal Nepal Army on the recommendation of the National Defence Council.
    3. The establishment and management of the Royal Nepal Army, and other matters relating thereto shall be as determined by law.
    4. The National Defence Council shall have the power to regulate its working procedures on its own.
  3. Supreme Command of the Royal Nepal Army and Appointment of the Commander-in-Chief:
    1. His Majesty is the Supreme Commander of the Royal Nepal Army.
    2. His Majesty shall appoint the Commander-in-Chief of the Royal Nepal Army on the recommendation of the Prime Minister.
  4. Royal Nepalese Ambassadors and Emissaries:
    1. His Majesty shall appoint the Royal Nepalese Ambassadors.
    2. His majesty may designate a Royal Representative for representing Him on special occasion, and may appoint a Special Emissary for a specified purpose.
  5. Provisions Regarding Employees of the Royal Palace: Matters relating to the conditions of service of the employees of the Royal Palace including those of appointment, dismissal, salary, allowances, leave and pension shall be as determined by rules made by His Majesty at His discretion.
  6. Pardons: His Majesty shall have the power to grant pardons and to suspend, commute or remit any sentence passed by any court, special court, military court or by any other judicial, quasi-judicial or administrative authority or institution.
  7. Titles, Honours and Decorations:
    1. The titles, honours or decorations to be conferred on behalf of the State shall be conferred by His Majesty.
    2. No citizen of Nepal shall, without the approval of His Majesty, accept any title, honour or decoration from the government of any country.
  8. Constitution of the Civil Service : His Majesty’s Government may, in order to run the administration of the country, constitute services as may be required. The constitution, operation and conditions of service thereof shall be as determined by an Act.
  9. Provisions Regarding Citizenship of Officials of the Constitutional Bodies : In order to be eligible for appointment to constitutional positions under this Constitution, a person must either be a citizen of Nepal by birth or descent, or be a person who, as a naturalised citizen, has resided in Nepal for at least ten years.
  10. Ratification of, Accession to, Acceptance of or Approval of Treaty or Agreement:
    1. The ratification of, accession to, acceptance of or approval of treaties or agreements to which the Kingdom of Nepal or His Majesty’s Government is to become a party shall be as determined by law.
    2. The laws to be made pursuant to clause (1) shall, inter alia, require that the ratification of, accession to, acceptance of or approval of treaties or agreements on the following subjects be done by a majority of two-thirds of the members present at a joint sitting of both Houses of Parliament :
      1. peace and friendship;
      2. defence and strategic alliance;
      3. oundaries of the Kingdom of Nepal; and
      4. natural resources, and the distribution of their uses:
        Provided that out of the treaties and agreements referred to in sub-clauses (a) and (d), if any treaty or agreement is of an ordinary nature, which does not affect the nation extensively, seriously or in the long term, the ratification of, accession to, acceptance of or approval of such treaty or agreement may be done at a meeting of the House of Representatives by a simple majority of the members present.
    3. After the commencement of this Constitution, unless a treaty or agreement is ratified, acceded to, accepted or approved in accordance with this Article, it shall not be binding on His Majesty’s Government or the Kingdom of Nepal.
    4. Notwithstanding anything contained in clauses (1) and (2), no treaty or agreement shall be concluded in detrimental to the teritorial integrity of the Kingdom of Nepal.
  11. Power to Remove Difficulties : If any difficulty arises in connection with the implementation of this Constitution, His Majesty may issue necessary Orders to remove such difficulty and such Orders shall be laid before Parliament.

 

PART 21

TRANSITIONAL PROVISIONS

 

  1. Provisions Regarding the Council of Ministers:
    1. The Council of Ministers existing at the commencement of this Constitution shall be deemed to have been constituted under this Constitution.
    2. If, for any reason the Council of Ministers referred to in clause (1) is dissolved, His Majesty shall constitute a new Council of Ministers consisting of representatives from the main political parties.
    3. A Council of Ministers constituted under clause (2) above shall consist of a Prime Minister and, on his recommendation, other Ministers, State Ministers and Assistant Ministers as may be required.
  2. Making of Laws until the first Session of Parliament : After the commencement of this Constitution, His Majesty shall have the power to enact laws as required on the recommendation and advice, and with the consent, of the Council of Ministers until the commencement of the first session of Parliament.
  3. Provisions Regarding the Constitutional Bodies and Officials thereof Appointed Pursuant to the Constitution of Nepal(1962):
    1. The Constitutional Bodies and officials thereof subsisting at the commencement of this Constitution, but which are not reestablished under this Constitution, shall cease to subsist after the commencement of this Constitution; and the officials working in the Constitutional Bodies which continue to subsist in accordance with this Constitution shall, stand relieved of their offices if not reappointed within nine months of the commencement of this Constitution :
      Provided that His Majesty may, if necessary, relieve any constitutional official before the expiry of the said period.
    2. The Council of Ministers shall exercise the functions, duties and powers of the Constitutional Council until the commencement of the first session of Parliament after the elections held in accordance with this Constitution.
    3. Pending the making of arrangements as to the Appellate Courts pursuant to Article 89, the Zonal courts and Regional Courts consituted under the Judicial Administration Reforms Act, 1975, shall remain in operation as they were, and the Judges working in those Courts shall continue to hold their positions.
    4. The District Courts existing at the commencement of this Constitution shall, until otherwise provided by law, continue to subsist, and the Judges working in those Courts shall continue to hold their positions until a different arrangement is made.
    5. Petitions and complaints pending in the Prevention of Abuse of Authority Commission shall be transferred to the Commission for the Investigation of Abuse of Authority.
    6. Cases which are pending in the Prevention of Abuse of Authority Commission shall be transferred to the Central Regional Court existing under clause (3), and the Regional Court shall decide those cases in accordance with the existing law.
    7. Appeals, and petitions relating thereto pending in the Prevention of Abuse of Authority Appellate Court shall be transferred to the Supreme Court and the Supreme court shall decide those appeals and petitions in accordance with the existing law.
    8. Petitions registered with the Judicial Committee in accordance with law and pending therein shall be transferred to the Supreme Court after the commencement of this Constitution, and if the Supreme Court deems appropriate, it shall, in exercising its power of review, decide those petitions.
  4. Existing Laws to Remain in Operation : All laws in force at the commencement of this Constitution shall remain in operation until repealed or amended:
    Provided that laws inconsistent with this Constitution shall, to the extent of inconsistency, ipso facto cease to operate one year after the commencement of this Constitution.

 

PART 22

DEFINITIONS AND INTERPRETATION

 

  1. Definitions and Interpretation:
    1. Unless the subject or context otherwise requires, in this Constitution:
      1. “Article” means an Article of this Constitution;
      2. “Nepal” means the Kingdom of Nepal;
      3. “Citizen” means a citizen of Nepal;
      4. “Bill” means a draft of an Act which has been introduced in Parliament;
      5. “Petition” means a document bearing the signature of the petitioner;
      6. “Remuneration”means and includes salary, allowances, pension and any other forms of emoluments.
    2. Unless the subject or context otherwise requires, the Nepal Law Interpretation Act, 1953 shall, subject to the provisions of this Constitution, apply to the interpretation of this Constitution in the same manner as that law applies to the interpretation of the laws of Nepal.

 

PART 23

SHORT TITLE AND COMMENCEMENT

 

  1. Short Title and Commencement:
    1. This Constitution may be called “The Constitution of The Kingdom of Nepal, 2047 (1990)”.
    2. This Constitution shall come into force on Friday the twenty-third day of the month of Kartik of the year 2047 Bikram Sambat (November 9, 1990).

 

SCHEDULE II

( Relating to clause (1) of Article 7)
SHRIMAN GAMBHIRA NEPALI PRACHANDA PRATAPI BHUPATI
SHREE PAANCH SARKAR MAHARAJADHIRAJAKO SADA RAHOS UNNATI
RAKHUN CHIRAYU EESHALE,
PRAJA FAILIYOS PUKARAUN JAYA PREMALE
HAMI NEPALI SARALE.
BAIRI SARA HARAUN SHANT HOUN SABAI BIGHNA VYATHA,
GAUN SARA DUNIYALE SAHARSHA NATHKO SUKIRTI KATHA,
RAKHAUN SHASANA, BHARI BEERTALE, NEPAL MATHI SANDHAI NATHKO
SHRI HOS THULO HAMI NEPALIKO.

SCHEDULE III

( Relating to clause (3) of Article 7 )

THE COAT-OF-ARMS OF NEPAL

Nepal Coat of Arms

External Source: Government of Nepal 

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