chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Constitution of Nepal

The Speaker of the House of Representatives shall be entitled to participate and vote in the discussion on such resolution. 92. Chairperson and Vice-Chairperson of National Assembly: (1) Within fifteen days from the date of commencement of the first meeting of the National Assembly, the members of the National Assembly shall elect the Chairperson and Vice-Chairperson of the National Assembly from among themselves.

(2) When conducting the election pursuant to sub-article (1), one of the Chairperson and Vice-Chairperson of the National Assembly shall be a woman.

(3) If the office of the Chairperson or Vice-Chairperson of the National Assembly becomes vacant, the members of the National Assembly shall fill the vacancy by electing the Chairperson or Vice-Chairperson of the National Assembly from among themselves.

(4) In the absence of the Chairperson of the National Assembly, the Vice-Chairperson shall preside over the National Assembly.

(5) In the event that the Chairperson and Vice-Chairperson of the National Assembly have not been elected or their offices are vacant, the meeting of the National Assembly shall be presided over by the senior-most member in terms of age among the members present.

(6) The office of the Chairperson or Vice-Chairperson of the National Assembly shall be vacated in any of the following circumstances:-
(a) If he/she ceases to be a member of the National Assembly,
(b) If he/she submits a written resignation,
(c) If a resolution stating that he/she has not conducted himself/herself in accordance with the office is passed by a two-thirds majority of the total number of members of the National Assembly then existing.

(7) The meeting discussing the resolution that the Chairperson of the National Assembly has not conducted himself/herself in accordance with the office shall be presided over by the Vice-Chairperson of the National Assembly. The Chairperson of the National Assembly shall be entitled to participate and vote in the discussion on such resolution. 93. Summoning and Prorogation of Sessions: (1) The President shall summon a session of the Federal Parliament within thirty days from the date of declaration of the final results of the election to the House of Representatives. Thereafter, the President shall, in accordance with this Constitution, from time to time, summon sessions of both or either House. Provided that the period between the prorogation of one session and the commencement of the next session shall not exceed six months.

(2) The President may prorogue the sessions of both or either House of the Federal Parliament.

(3) If one-fourth of the total number of members of the House of Representatives make a written request stating that it is desirable to summon a session or meeting

105.
Constitution of Nepal

Restriction on discussion: No discussion shall be held in either House of the Federal Parliament on matters having an adverse effect on the adjudication of cases pending before any court of Nepal and on judicial acts performed by a judge in the course of discharging his/her duty. Provided that, this Article shall not be deemed to prevent the expression of any matter relating to the conduct of a judge while discussing a motion of impeachment. 106. Secretary General and Secretaries of the Federal Parliament: (1) The President shall appoint the Secretary General of the Federal Parliament on the joint recommendation of the Speaker of the House of Representatives and the Chairperson of the National Assembly, the Secretary of the House of Representatives on the recommendation of the Speaker, and the Secretary of the National Assembly on the recommendation of the Chairperson of the National Assembly.

(2) The qualifications, functions, duties, powers and other conditions of service of the Secretary General of the Federal Parliament, the Secretary of the House of Representatives and the Secretary of the National Assembly shall be as determined by the federal law. 107. Secretariat of the Federal Parliament: There shall be a Secretariat for conducting and managing the business of the Federal Parliament. The establishment of such Secretariat and other matters relating thereto shall be as determined by federal law. 108. Remuneration: The remuneration and facilities of the Speaker and Deputy Speaker of the House of Representatives, the Chairperson and Vice-Chairperson of the National Assembly, Chairpersons of Committees and members of the Federal Parliament shall be as determined by federal law. Until such law is made, they shall be as determined by the Government of Nepal. Part-9

Federal Legislative Procedure

109. Legislative power of the Federal Parliament: The legislative power of the Federal Parliament shall be as specified in the lists contained in Schedule-5, Schedule-7 and Schedule-9. 110. Manner of introducing Bills: (1) Subject to this Constitution, a Bill may be introduced in either House of the Federal Parliament.
Constitution of Nepal

Legislative power of the Federal Parliament: The legislative power of the Federal Parliament shall be as specified in the lists contained in Schedule-5, Schedule-7 and Schedule-9. 110. Manner of introducing Bills: (1) Subject to this Constitution, a Bill may be introduced in either House of the Federal Parliament. Provided that a Money Bill shall be introduced only in the House of Representatives.

(2) A Money Bill, and a Bill concerning the Nepal Army, Nepal Police or Armed Police Force, Nepal or any security agency shall be introduced only as a Government Bill.

(3) "Money Bill" means a Bill that contains provisions dealing with all or any of the following subjects:

(a) The imposition, collection, abolition, remission, alteration or regulation of taxes;
(b) The preservation of the Federal Consolidated Fund or any other Federal Government Fund, the deposit of money into such Fund or the appropriation or expenditure of money from such Fund, or the reduction, increase or abolition of any sum sought to be appropriated or expended;
(c) The regulation of borrowing by the Government of Nepal or the giving of any guarantee by it, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of Nepal;
(d) The custody, investment of all revenue, money raised by loan repayment and grant money receivable by any Federal Government Fund, or the accounting or auditing of the accounts of the Government of Nepal; and
(e) Other incidental matters directly connected with clauses (a), (b), (c) or (d). Provided that a Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fees or charges such as license fees, application fees, renewal fees, or any penalty or imprisonment.

(4) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker shall be final. 111. Manner of passing Bills: (1) A Bill passed by one House of the Federal Parliament shall be transmitted as soon as possible to the other House, and after it has been passed by that House, it shall be presented to the President for certification.

(2) A Money Bill passed by the House of Representatives shall be transmitted to the National Assembly.
Constitution of Nepal

The National Assembly shall, after deliberating on the Bill, return it to the House of Representatives with suggestions, if any, within fifteen days of receiving the Bill.

(3) In the case of a Bill returned with suggestions pursuant to sub-article (2), the House of Representatives shall, after deliberating on it, incorporate such suggestions as it deems appropriate and present it to the President for certification.

(4) If the National Assembly does not return the Money Bill within fifteen days of its receipt pursuant to sub-article (2), the House of Representatives may present it to the President for certification.

(5) A Bill, other than a Money Bill, passed by the House of Representatives and transmitted to the National Assembly shall be passed by the National Assembly or returned with suggestions within two months of its receipt. If the National Assembly does not return such Bill within that period, the House of Representatives may, by a decision of a majority of the members present at that time, present the Bill to the President for certification.

(6) If a Bill, other than a Money Bill, passed by one House is rejected by the other House, or passed with amendments, the Bill shall be returned to the House in which it originated.

(7) If a Bill rejected by the National Assembly or returned with amendments pursuant to sub-article (6) is reconsidered by the House of Representatives and is passed again, in its original form or with amendments, by a majority of the members present at that time, such Bill shall be presented to the President for certification.

(8) If a Bill returned from the House of Representatives with amendments to the National Assembly pursuant to sub-article (6) is also passed again by the National Assembly, with such amendments, by a majority of the members present at that time, it shall be presented to the President for certification.

(9) The following Bills shall be presented to a joint sitting of both Houses, and if the joint sitting passes the Bill in its original form or with amendments, the House in which the Bill originated shall present it to the President for certification:

(a) A Bill passed by the National Assembly but rejected by the House of Representatives; or
(b) A Bill returned by the House of Representatives with amendments to the National Assembly but the National Assembly has failed to agree to such amendments.

(10) If a Bill under consideration before a House lapses at the end of a session, proceedings on such Bill may be had in the next session.
Constitution of Nepal

Provided that where a Bill has been introduced in the House of Representatives and is pending, or has been passed by the House of Representatives and is pending before the National Assembly, if the House of Representatives is dissolved or its term expires, such Bill shall lapse. 112. Withdrawal of Bills: The mover of a Bill may withdraw the Bill with the consent of the House. 113. Certification of Bills: (1) A Bill to be presented to the President for certification pursuant to Article 111 shall be certified and presented by the Speaker or Chairperson of the House in which the Bill originated. Provided that in the case of a Money Bill, the Speaker shall certify it as a Money Bill.

(2) The President shall certify a Bill presented for certification pursuant to this Article within fifteen days and shall give notice thereof to both Houses as soon as possible.

(3) If the President considers that a Bill, other than a Money Bill presented for certification, requires reconsideration, He/She shall, within fifteen days of its presentation, return the Bill with a message to the House in which it originated.

(4) If the President returns a Bill with a message, and both Houses reconsider the Bill and pass it again in its original form or with amendments and present it again, the President shall certify it within fifteen days of such presentation.

(5) After certification by the President, the Bill becomes an Act. 114. Ordinance: (1) If, at any time, except when both Houses of the Federal Parliament are in session, circumstances exist requiring immediate action, the President may, on the recommendation of the Council of Ministers, promulgate an Ordinance.

(2) An Ordinance promulgated under sub-article (1) shall have the same force and effect as an Act. Provided that every such Ordinance:

(a) Shall be laid before both Houses of the Federal Parliament at the session that commences after its promulgation and shall automatically cease to be in force if not approved by both Houses;
(b) May be revoked at any time by the President; and
(c) Shall automatically cease to be in force sixty days after the day on which both Houses have met, if it has not ceased or been revoked pursuant to clause (a) or (b).
Constitution of Nepal

Explanation: For the purpose of this sub-article, "the day on which both Houses have met" shall be deemed to be the day on which the session of both Houses of the Federal Parliament commences or the day on which a meeting of either House of the Federal Parliament is held, and where the meetings of the Houses of the Federal Parliament are held on different dates, it means the later date on which a meeting of either House is held. Part-10

Federal Financial Procedures

115. No tax or loan to be imposed or raised: (1) No tax shall be levied and collected except in accordance with law.

(2) The Government of Nepal shall neither raise any loan nor give any guarantee except in accordance with federal law. 116. Federal Consolidated Fund: Except for trust funds, all revenues received by the Government of Nepal, all loans raised on the security of revenues, all moneys received from the repayment of any loan made under the authority of an Act, and any other moneys received by the Government of Nepal shall, unless otherwise provided by a federal Act, be credited to a single government fund called the Federal Consolidated Fund. 117. Expenditure from Federal Consolidated Fund or Federal Government Fund: No money shall be drawn from the Federal Consolidated Fund or any other Federal Government Fund except as follows:

(a) Money charged on the Federal Consolidated Fund;
(b) Money to be spent under a Federal Appropriation Act;
(c) Money to be spent under a federal Act as advances while an Appropriation Bill is pending; or
(d) Money to be spent under a Federal Vote on Credit Act containing only a statement of expenditure in special circumstances. Provided that in the case of the Federal Contingency Fund, it shall be in accordance with Article 124. 118.
Constitution of Nepal

Provided that in the case of the Federal Contingency Fund, it shall be in accordance with Article 124. 118. Charges on Federal Consolidated Fund: The following expenditures shall be charged on the Federal Consolidated Fund and no approval of the Federal Parliament shall be required for such expenditure:

(a) The amount of remuneration and facilities of the President and Vice-President;
(b) The amount of remuneration and facilities to be provided to the Chief Justice of Nepal, justices of the Supreme Court and members of the Judicial Council;
(c) The amount of remuneration and facilities to be provided to the Speaker and Deputy Speaker of the House of Representatives and the Chairperson and Vice-Chairperson of the National Assembly;
(d) The amount of remuneration and facilities to be provided to the chiefs and office-bearers of constitutional bodies;
(e) The amount of remuneration and facilities of the Provincial Head;
(f) The administrative expenses of the Offices of the President or Vice-President, the Supreme Court, the Judicial Council, constitutional bodies and the Office of the Provincial Head;
(g) Charges related to the debt of the liability of the Government of Nepal;
(h) The amount payable pursuant to a judgment or order of a court against the Government of Nepal; and
(i) Any amount charged on the Federal Consolidated Fund by federal law. 119. Estimates of Revenues and Expenditure: (1) The Finance Minister of the Government of Nepal shall, in respect of each financial year, present before a joint sitting of both Houses of the Federal Parliament an annual estimate including the following matters:

(a) An estimate of revenues;
(b) The sums required to be charged on the Federal Consolidated Fund; and
(c) The sums required to be spent under a Federal Appropriation Act.

(2) When presenting the annual estimate pursuant to sub-article (1), a statement of the expenditure allocated to each Ministry in the previous financial year and whether the targets according to such expenditure were achieved or not shall also be presented.

(3) The Finance Minister of the Government of Nepal shall present the estimate of revenues and expenditure referred to in sub-article (1) to the Federal Parliament on the fifteenth day of the month of Jestha each year. 120. Appropriation Act: The sums required for expenditure under the Appropriation Act shall be specified in the relevant heads and included in the Appropriation Bill. 121.
Constitution of Nepal

120. Appropriation Act: The sums required for expenditure under the Appropriation Act shall be specified in the relevant heads and included in the Appropriation Bill. 121. Supplementary Estimates: (1) If in any financial year, the following circumstances arise, the Finance Minister of the Government of Nepal may present supplementary estimates before the House of Representatives:

(a) If the sum allocated for any service by the Appropriation Act for the current financial year is insufficient or if there is a need for expenditure on some new service not authorized by the Appropriation Act for that year; or
(b) If an expenditure exceeding the sum authorized by the Appropriation Act has been incurred during the current financial year.

(2) The sums included in the supplementary estimates shall be specified in the relevant heads and included in a Supplementary Appropriation Bill. 122. Advance Grants: (1) Notwithstanding anything contained elsewhere in this Part, when an Appropriation Bill is pending, a portion of the estimated expenditure for the financial year may be spent in advance in accordance with a federal Act.

(2) An Advance Grant Bill shall not be presented until the estimate of revenues and expenditure under Article 119 is presented, and the amount of the grant shall not exceed one-third of the estimated expenditure for the financial year.

(3) The sums expended under the Federal Advance Grant Act shall be included in the Appropriation Bill. 123. Vote on Credit: Notwithstanding anything contained elsewhere in this Part, if, due to natural causes or apprehension of external aggression or internal disturbance or other reasons, a situation of crisis arises, making it impracticable or undesirable for the security or interest of the State to provide the details required under sub-article (1) of Article 119, the Finance Minister of the Government of Nepal may present before the House of Representatives a Vote on Credit Bill containing only a statement of expenditure. 124. Federal Contingency Fund: (1) A fund called the Contingency Fund may be established under a federal Act, and sums determined from time to time under a federal Act shall be credited to such Fund.

(2) The Fund under sub-article (1) shall be under the control of the Government of Nepal, and the Government of Nepal may incur expenditure from such Fund for contingency purposes.

(3) The sum expended under sub-article (2) shall be reimbursed as soon as possible in accordance with a federal Act. 125. Act relating to Financial Procedure: The transfer of sums appropriated from one head to another under a federal Act and other provisions relating to financial procedure shall be as determined by federal law. Part-11
Judiciary

126.
Constitution of Nepal

125. Act relating to Financial Procedure: The transfer of sums appropriated from one head to another under a federal Act and other provisions relating to financial procedure shall be as determined by federal law. Part-11
Judiciary

126. Judicial power to be exercised by courts: (1) The judicial power of Nepal shall be exercised by courts and judicial bodies in accordance with this Constitution, other laws and the recognized principles of justice.

(2) Every person shall comply with the orders or decisions given by a court in the course of adjudicating cases. 127. Courts: (1) The following courts shall exist in Nepal:

(a) Supreme Court,
(b) High Courts, and
(c) District Courts.

(2) In addition to those mentioned in sub-article (1), judicial bodies at the local level may be established to hear cases or other bodies may be formed as necessary to adopt alternative dispute resolution mechanisms, in accordance with law. 128. Supreme Court: (1) There shall be one Supreme Court in Nepal.

(2) The Supreme Court shall be a court of record. All courts and judicial bodies shall be subordinate to the Supreme Court except where otherwise provided in this Constitution. The Supreme Court shall have the final authority to interpret the Constitution and the law.

(3) The Supreme Court may inspect, supervise and give necessary directions regarding the administration of justice or management of courts, specialized courts or other judicial bodies subordinate to itself and within its jurisdiction.

(4) The interpretation of the Constitution or the legal principle enunciated by the Supreme Court in the course of hearing a case shall be binding on everyone. If anyone obstructs the administration of justice by the Supreme Court or a subordinate court or disobeys an order or judgment, the Supreme Court may initiate contempt proceedings and impose punishment in accordance with law. 129.
Constitution of Nepal

If anyone obstructs the administration of justice by the Supreme Court or a subordinate court or disobeys an order or judgment, the Supreme Court may initiate contempt proceedings and impose punishment in accordance with law. 129. Appointment and Qualifications of Chief Justice and Justices of Supreme Court: (1) The Supreme Court shall, in addition to the Chief Justice of Nepal, consist of a maximum of twenty Justices.

(2) The Chief Justice shall be appointed by the President on the recommendation of the Constitutional Council, and other Justices of the Supreme Court shall be appointed by the President on the recommendation of the Judicial Council.

(3) A person who has served as a Justice of the Supreme Court for at least three years shall be qualified for appointment to the office of Chief Justice.

(4) The term of office of the Chief Justice shall be six years.

(5) A Nepali citizen who holds a bachelor's degree in law and has served as the Chief Judge or Judge of a High Court for at least five years, or who holds a bachelor's degree in law and has continuously practiced law as a Senior Advocate or Advocate for at least fifteen years, or who has continuously worked for at least fifteen years in the field of justice or law and attained eminence as a distinguished jurist, or who has served for at least twelve years in a gazetted first class or higher post in the judicial service, shall be deemed qualified for appointment to the office of Justice of the Supreme Court. Explanation: For the purpose of this sub-article, the period served as Chief Judge or Judge of an Appellate Court prior to the commencement of this Constitution shall be deemed to be the period served as Chief Judge or Judge of a High Court.

(6) If the office of Chief Justice is vacant, or if the Chief Justice is unable to perform the duties of his/her office for any reason, or if the Chief Justice is absent from the Supreme Court due to leave or absence from Nepal, the senior-most Justice of the Supreme Court shall act as acting Chief Justice. 130.
Constitution of Nepal

130. Conditions of Service and Facilities of Chief Justice and Justices: (1) The Chief Justice and Justices of the Supreme Court shall be entitled to a pension in accordance with federal law if they resign after serving for at least five years, or upon attaining compulsory retirement, or upon their death.

(2) Except as otherwise provided in this Constitution, the remuneration and other conditions of service of the Chief Justice and Justices of the Supreme Court shall be as determined by federal law.

(3) Notwithstanding anything contained in sub-articles (1) and (2), the Chief Justice or Justice of the Supreme Court who has been removed by impeachment or who has been convicted by a court for a criminal offence involving moral turpitude shall not be entitled to gratuity or pension.

(4) The remuneration and other conditions of service of the Chief Justice or a Justice of the Supreme Court shall not be altered to his/her disadvantage. Provided that this provision shall not apply during a state of emergency declared due to extreme economic disarray. 131. Vacation of office of Chief Justice or Justice of Supreme Court: The office of Chief Justice or Justice of the Supreme Court shall become vacant in the following circumstances:

(a) If he/she submits a written resignation to the President,
(b) If he/she attains the age of sixty-five years,
(c) If a motion of impeachment against him/her is passed under Article 101,
(d) If the President removes him/her on the recommendation of the Constitutional Council in the case of the Chief Justice, or on the recommendation of the Judicial Council in the case of a Justice of the Supreme Court, on the ground of inability to perform duties due to physical or mental illness,
(e) If he/she is convicted by a court for a criminal offence involving moral turpitude,
(f) If he/she dies. 132. Chief Justice and Justices of Supreme Court not to be engaged in any other work: (1) The Chief Justice or a Justice of the Supreme Court shall not be engaged or deputed to any office other than that of a judge. Provided that the Government of Nepal may, in consultation with the Judicial Council, depute a Justice of the Supreme Court to work on judicial inquiry or on law or justice-related research or investigation work for a specified period.

(2) A person who has once held the office of Chief Justice or Justice of the Supreme Court shall not be eligible for appointment to any government office except where otherwise provided in this Constitution. 133.
Constitution of Nepal

133. Jurisdiction of Supreme Court: (1) Any Nepali citizen may file a petition in the Supreme Court for the declaration of any law or any part thereof as void and invalid, on the ground that it imposes an unreasonable restriction on the fundamental rights conferred by this Constitution or on any other ground, or on the ground that it is inconsistent with this Constitution, or that any law made by a Provincial Assembly is inconsistent with any law made by the Federal Parliament, or that any law made by a Municipal Assembly or Village Assembly is inconsistent with any law made by the Federal Parliament or Provincial Assembly, and the Supreme Court shall have the extraordinary power to declare such law or part thereof invalid and void ab initio or from the date of its decision, if it finds the law inconsistent.

(2) The Supreme Court shall have the extraordinary power to issue necessary and appropriate orders, provide suitable remedies, enforce such rights or settle disputes for the enforcement of the fundamental rights conferred by this Constitution, or for the enforcement of any other legal right for which no other remedy is available or which, though a remedy is available, is deemed inadequate or ineffective, or for the resolution of any constitutional or legal question involved in any dispute of public right or concern.

(3) Under the extraordinary jurisdiction under sub-article (2), the Supreme Court may issue appropriate orders including habeas corpus, mandamus, certiorari, prohibition and quo warranto. Provided that the Supreme Court shall not, under this sub-article, intervene in the internal proceedings of the Federal Parliament or Provincial Assembly, the privilege proceedings conducted by the Federal Parliament or Provincial Assembly, and the punishment specified in that regard, except for lack of jurisdiction.

(4) Subject to this Constitution, the Supreme Court shall have the power to conduct original proceedings and adjudicate cases, hear appeals, review cases, retry cases, hear petitions or review its own judgments or final orders as provided for in federal law. In conducting such review, it shall be done by justices other than the justice who originally rendered the judgment.

(5) The Supreme Court shall have the power to hear appeals against cases where a High Court has exercised original jurisdiction and adjudicated them, and to resolve matters of public importance involving questions of interpretation of the Constitution or law, or cases recommended by a High Court with its opinion that it is appropriate for the Supreme Court to decide.

(6) Other powers and procedures of the Supreme Court shall be as determined by federal law. 134.
Constitution of Nepal

134. Transfer of Cases: (1) If cases involving substantially similar questions are pending before the Supreme Court and High Courts, and the Supreme Court considers that such question is of public importance, or if it appears upon the petition of the Attorney General or a party to the case, the Supreme Court shall have the power to withdraw such cases and dispose them of together.

(2) If, during the hearing of a case filed in any High Court, special circumstances exist raising questions about judicial impartiality, the Supreme Court may, stating the reasons and grounds, order the transfer of such case from one High Court to another High Court for hearing, in accordance with law. 135. Restriction on pleading: The Chief Justice and Justices of the Supreme Court shall not, after retirement, engage in any pleading, conciliation or mediation work in any office or court. 136. Responsibility of Chief Justice: The Chief Justice shall have the ultimate responsibility for making the administration of justice effective in the Supreme Court and the subordinate courts, specialized courts or other judicial bodies. 137. Formation of Constitutional Bench: (1) There shall be a Constitutional Bench in the Supreme Court. Such Bench shall consist of the Chief Justice and other four justices designated by the Chief Justice on the recommendation of the Judicial Council.

(2) In addition to petitions filed under sub-article (1) of Article 133, the Bench under sub-article (1) shall conduct original proceedings and decide the following cases:

(a) Disputes relating to jurisdiction between the Federation and a Province, between Provinces, between a Province and a Local Level, and between Local Levels,
(b) Disputes relating to the election of members of the Federal Parliament or Provincial Assembly and disqualification of a member of the Federal Parliament or Provincial Assembly.

(3) Notwithstanding anything contained in Article 133, if any case pending in the Supreme Court involves a serious question of constitutional interpretation, the Chief Justice may refer such case for hearing by the Bench under sub-article (1).

(4) Other provisions relating to the operation of the Constitutional Bench shall be as determined by the Supreme Court. 138. Annual Report: (1) The Supreme Court, Judicial Council and Judicial Service Commission shall, each year, submit their annual reports to the President, and the President shall submit such reports to the Federal Parliament through the Prime Minister.

(2) If during the discussion on the annual report presented under sub-article (1), the Federal Parliament deems it necessary to give any suggestions, it may do so to the concerned body through the Ministry of Law and Justice, Government of Nepal.

(3) Other provisions relating to the annual report under sub-article (1) shall be as determined by federal law. 139.
Constitution of Nepal

139. High Court: (1) There shall be one High Court in each Province.

(2) The High Court may initiate contempt proceedings and impose punishment in accordance with federal law if anyone obstructs the administration of justice by the High Court or its subordinate courts or judicial bodies or disobeys an order or judgment.

(3) Each High Court shall, in addition to the Chief Judge, consist of such number of Judges as provided for in federal law. 140. Appointment and Qualifications of Chief Judge and Judges of High Court: (1) The Chief Justice shall, on the recommendation of the Judicial Council, appoint the Chief Judge and Judges of the High Court.

(2) A Nepali citizen who holds a bachelor's degree in law and has served as a District Judge for at least five years, or who holds a bachelor's degree in law and has continuously practiced law as a Senior Advocate or Advocate for at least ten years, or who has continuously worked for at least ten years in law teaching, research or any other field related to law or justice, or who has served for at least five years in a post of at least gazetted first class in the judicial service, shall be deemed qualified for appointment to the office of the Chief Judge or Judge of a High Court.

(3) While appointing the Chief Judge and Judges of a High Court, among the persons meeting the qualifications under sub-article (2), appointment shall be made based on the ratio of cases decided annually by a District Judge and the assessment of affirmation, reversal or quashing of cases on final decision by a higher court; in the case of a person having served for at least five years in a post of at least gazetted first class in the judicial service, based on the assessment of seniority, qualification and level of performance; and in the case of others, based on assessment of seniority, professional continuity, honesty, professional conduct and contribution in the field of justice and law.

(4) If the office of Chief Judge is vacant, or if the Chief Judge is unable to perform the duties of his/her office for any reason, or if the Chief Judge is absent from the High Court due to leave or absence from the Province, the senior-most Judge of the High Court shall act as acting Chief Judge. 141.
Constitution of Nepal

141. Conditions of Service and Facilities of Chief Judge and Judges: (1) Except as otherwise provided in this Constitution, the remuneration and other conditions of service of the Chief Judge and Judges of a High Court shall be as determined by federal law.

(2) Notwithstanding anything contained in sub-article (1), the Chief Judge or Judge of a High Court who has been removed following action by the Judicial Council or removed upon conviction by a court for a criminal offence involving moral turpitude shall not be entitled to gratuity or pension. Provided that this provision shall not apply when the Judicial Council has removed a person on the ground of inability to perform duties due to physical or mental illness.

(3) The remuneration and other conditions of service of the Chief Judge or a Judge of a High Court shall not be altered to his/her disadvantage. Provided that this provision shall not apply during a state of emergency declared due to extreme economic disarray. 142. Vacation of office of Chief Judge or Judge: (1) The office of the Chief Judge or Judge of a High Court shall become vacant in the following circumstances:

(a) If he/she submits a written resignation to the Chief Justice,
(b) If he/she attains the age of sixty-three years,
(c) If the Chief Justice removes him/her on the recommendation of the Judicial Council on the grounds of incompetence, misbehavior, failure to perform duties honestly, mala fide actions, or serious violation of the code of conduct required to be observed,
(d) If the Chief Justice removes him/her on the recommendation of the Judicial Council on the ground of inability to perform duties due to physical or mental illness,
(e) If he/she is convicted by a court for a criminal offence involving moral turpitude,
(f) If he/she dies.

(2) Before removal under clause (c) of sub-article (1), the Judge against whom an allegation is made shall be given a reasonable opportunity to present his/her defense. A Judge against whom proceedings have been initiated shall not perform the duties of his/her office until the conclusion of the proceedings.

(3) The removal of the Chief Judge or Judge shall not bar action under federal law for offenses committed while in office. 143. Chief Judge and Judges not to be engaged in any other work and provision regarding transfer: (1) The Chief Judge or a Judge of a High Court shall not be engaged or deputed to any office other than that of a judge.
Constitution of Nepal

143. Chief Judge and Judges not to be engaged in any other work and provision regarding transfer: (1) The Chief Judge or a Judge of a High Court shall not be engaged or deputed to any office other than that of a judge. Provided that the Government of Nepal may, in consultation with the Judicial Council, depute a Judge of a High Court to work on judicial inquiry or on law or justice-related research, investigation or any work of national concern for a specified period.

(2) The Chief Justice may, on the recommendation of the Judicial Council, transfer a Judge of a High Court from one High Court to another High Court. 144. Jurisdiction of High Court: (1) The High Court shall have the power to issue necessary and appropriate orders for the enforcement of the fundamental rights conferred by this Constitution, or for the enforcement of any other legal right for which no other remedy is available or which, though a remedy is available, is deemed inadequate or ineffective, or for the resolution of any legal question involved in any dispute of public right or concern.

(2) For the purpose of sub-article (1), the High Court may issue any appropriate order including habeas corpus, mandamus, certiorari, prohibition and quo warranto. Provided that the High Court shall not, under this sub-article, intervene in the internal proceedings of the Federal Parliament or Provincial Assembly, the privilege proceedings conducted by the Federal Parliament or Provincial Assembly, and the punishment specified in that regard, except for lack of jurisdiction.

(3) The High Court shall have the power to hear original cases, hear appeals and review cases in accordance with federal law.

(4) Other powers and procedures of the High Court shall be as determined by federal law. 145. Transfer of Cases: (1) If any case pending before a subordinate court within its jurisdiction involves a question of provincial law and the High Court considers that the resolution of such question is essential for deciding the case, it may withdraw such cases from the subordinate court and either decide the entire case or decide only that question and return the case to the original court.

(2) If, during the hearing of a case filed in any District Court, special circumstances exist raising questions about judicial impartiality, the High Court may, stating the reasons and grounds, order the transfer of such case from one district within its jurisdiction to another District Court for hearing, in accordance with federal law. 146.
Constitution of Nepal

148. District Court: (1) There shall be one District Court in each district.

(2) Judicial bodies at the local level established under provincial law shall be subordinate to the District Court. The District Court may inspect and supervise its subordinate judicial bodies and give necessary directions. 149. Appointment, Qualifications, Remuneration and other conditions of service of District Judge: (1) The appointment of District Judges shall be made by the Chief Justice on the recommendation of the Judicial Council.

(2) Vacant posts of Judges in District Court shall be filled as follows:

(a) Twenty percent of the vacant posts shall be filled from among officers who hold a bachelor's degree in law and have served for at least three years in a gazetted second class post in the judicial service, based on assessment of seniority, qualification and competence,
(b) Forty percent of the vacant posts shall be filled from among officers who hold a bachelor's degree in law and have served for at least three years in a gazetted second class post in the judicial service, based on an open competitive examination,
(c) The remaining forty percent of the vacant posts shall be filled from among Nepali citizens who hold a bachelor's degree in law and have continuously practiced law as an Advocate for at least eight years, or who hold a bachelor's degree in law and have served for at least eight years in a gazetted post in the judicial service, or who have continuously worked for at least eight years in law teaching, research or any other field related to law or justice, based on an open competitive examination.

(3) The Judicial Service Commission shall, from among persons meeting the qualifications under clauses (b) and (c) of sub-article (2), conduct written and oral competitive examinations in accordance with federal law and recommend to the Judicial Council for appointment as District Judge based on the order of merit.

(4) The remuneration and other conditions of service of a District Judge shall be as determined by federal law.

(5) The remuneration and other conditions of service of a District Judge shall not be altered to his/her disadvantage.
Constitution of Nepal

Provided that this provision shall not apply during a state of emergency declared due to extreme economic disarray.

(6) The office of a District Judge shall become vacant in the following circumstances:

(a) If he/she submits a written resignation to the Chief Justice,
(b) If he/she attains the age of sixty-three years,
(c) If the Chief Justice removes him/her on the recommendation of the Judicial Council on the grounds of incompetence, misbehavior, failure to perform duties honestly, mala fide actions, or serious violation of the code of conduct required to be observed,
(d) If the Chief Justice removes him/her on the recommendation of the Judicial Council on the ground of inability to perform duties due to physical or mental illness,
(e) If he/she is convicted by a court for a criminal offence involving moral turpitude,
(f) If he/she dies.

(7) Before removal under clause (c) of sub-article (6), the District Judge against whom an allegation is made shall be given a reasonable opportunity to present his/her defense. A District Judge against whom proceedings have been initiated shall not perform the duties of his/her office until the conclusion of the proceedings.

(8) The removal of a District Judge shall not bar action under federal law for offenses committed while in office. 150. District Judge not to be engaged in any other work and provision regarding transfer: (1) A District Judge shall not be engaged or deputed to any office other than that of a judge. Provided that the Government of Nepal may, in consultation with the Judicial Council, depute a District Judge to work on judicial inquiry or on law or justice-related research or investigation or election-related work for a specified period.

(2) The Chief Justice may, on the recommendation of the Judicial Council, transfer a District Judge from one District Court to another District Court. 151. Jurisdiction of District Court: (1) Unless otherwise provided in federal law, the District Court shall have the power to conduct original proceedings and adjudicate all cases within its jurisdiction, hear petitions including habeas corpus and

(5) The Chief Attorney shall be the principal legal advisor of the Provincial Government, and it shall be the duty of the Chief Attorney to provide advice and counsel to the Provincial Government or other officials designated by the Provincial Government on constitutional and legal matters.

(6) The Office of the Attorney General shall manage the employees under the Office of the Chief Attorney.

(7) The remuneration and other facilities of the Chief Attorney shall be equivalent to those of a Judge of a High Court. The functions, duties, and powers of the Chief Attorney, as well as other conditions of service, shall be as provided by Provincial law.
Constitution of Nepal

The functions, duties, and powers of the Chief Attorney, as well as other conditions of service, shall be as provided by Provincial law. 161. Provision relating to Conditions of Service and Facilities: The provisions relating to the remuneration, facilities, and conditions of service of Government Attorneys and other employees under the authority of the Attorney General shall be as provided by Federal law. Part-13

Provincial Executive

162. Executive Power of Province: (1) The executive power of the Province shall be vested in the Provincial Council of Ministers in accordance with this Constitution and Provincial law. Provided that, if the Provincial Executive cannot be maintained due to the enforcement of Federal governance, the Provincial Head shall exercise the executive power of the Province in accordance with the direction of the Government of Nepal.

(2) Subject to this Constitution and other laws, the responsibility for the general direction, control, and conduct of the governance system of the Province shall lie with the Provincial Council of Ministers.

(3) The executive functions of the Province shall be carried out in the name of the Provincial Government.

(4) Subject to this Constitution, the executive power of the Province shall extend to matters as mentioned in the Lists under Schedule-6, Schedule-7, and Schedule-9. Provided that, concerning matters of concurrent jurisdiction of the Federation and Province, except where clearly provided in this Constitution and Federal law, the Provincial Council of Ministers shall exercise the executive power in coordination with the Government of Nepal.

(5) The certification of decisions or orders made in the name of the Provincial Government pursuant to sub-article (3) and related instruments shall be as provided by Provincial law. 163. Provisions relating to Provincial Head: (1) There shall be a Provincial Head in each Province as the representative of the Government of Nepal.

(2) The President shall appoint one Provincial Head for each Province.

(3) The term of office of the Provincial Head shall be five years, except when the President relieves him of office before the expiry of the term.

(4) The same person shall not be the Provincial Head of the same Province for more than once. 164. Qualification for Provincial Head: A person having the following qualifications shall be qualified to become the Provincial Head:-

(a) being qualified to become a member of the Federal Parliament,
(b) having completed the age of thirty-five years, and
(c) not being disqualified by any law. 165.
Constitution of Nepal

164. Qualification for Provincial Head: A person having the following qualifications shall be qualified to become the Provincial Head:-

(a) being qualified to become a member of the Federal Parliament,
(b) having completed the age of thirty-five years, and
(c) not being disqualified by any law. 165. Circumstances for Vacancy of Office of Provincial Head: (1) The office of the Provincial Head shall become vacant under any of the following circumstances:-

(a) if he submits a written resignation to the President,
(b) if his term of office expires or if the President relieves him of office before that,
(c) if he dies.

(2) If the office of the Provincial Head of a Province becomes vacant, the President may assign another Provincial Head of another Province to also handle the work of that Province until the appointment of a Provincial Head. 166. Functions, Duties and Powers of Provincial Head: (1) The Provincial Head shall exercise the powers and perform the duties conferred on him by this Constitution or law.

(2) While exercising powers or performing duties under sub-article (1), all other actions performed by the Provincial Head, except the actions which are expressly required by this Constitution or law to be done on the recommendation of any body or officeholder, shall be done on the recommendation and with the concurrence of the Provincial Council of Ministers. Such recommendation and concurrence shall be submitted through the Chief Minister.

(3) The certification of decisions or orders made in the name of the Provincial Head pursuant to sub-article (2) and related instruments shall be as provided by Provincial law. 167. Oath of Provincial Head: Before assuming office, the Provincial Head shall take an oath of office and secrecy before the President in accordance with Federal law. 168.