chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Constitution of Nepal 2072

Vacation of office of Chief Judge or Judge: (1) The office of Chief Judge or Judge of a High Court shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing before the Chief Justice, (b) if he or she attains the age of sixty-three years, (c) if he or she is removed from office by the Chief Justice on recommendation of the Judicial Council, on the ground of his or her incompetence, bad conduct, failure to perform his or her duties honestly, performance of business with mala fide intention or serious violation by him or her of the code of conduct required to be observed by him or her, (d) if he or she is removed from office by the Chief Justice on recommendation of the Judicial Council on the ground that he or she is unable to discharge his or her duties because of physical or mental illness, (e) if he or she is punished by a court for a criminal offence involving moral turpitude, (f) if he or she dies. (2) A Judge who is facing a charge shall be provided with a reasonable opportunity to defend himself or herself prior to removing him or her from the office under sub-clause (3) of clause (1). The Judge against whom the proceedings have been so instituted shall not be allowed to perform the duties of his or her office until the proceedings are completed. (3) Nothing shall bar the institution of action in accordance with the Federal law against the Chief Judge or Judge who has been removed from office for an offence which he or she has committed while in office. 143. Chief Judge and Judges not to be engaged in any other office and provisions relating to transfer : (1) No Chief Judge or Judge of a High Court shall be engaged in or deputed to any office other than that of Judge. Provided that the Government of Nepal may, in consultation with the Judicial Council, depute a Judge of the High Court to work concerning judicial inquiry, or to legal or judicial investigation or research or to any business of national concern for any specific period. (2) The Chief Justice may, on recommendation of the Judicial Council, transfer a Judge of a 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 has been provided or for which the remedy even though provided appears to be inadequate or ineffective or for the settlement of any legal question involved in any dispute of public interest or concern, (2) For the purposes of clause (1), the High Court may issue appropriate orders and writs including the writs of _habeas corpus_, _mandamus_, _certiorari_, prohibition and _quo warranto_ . Constitution of Nepal 2072
Constitution of Nepal 2072

Provided that except on the ground of absence of jurisdiction, the High Court shall not under this clause interfere with any internal proceedings of the Federal Parliament or State Assembly, and with any proceedings instituted by the Federal Parliament or State Assembly concerning violation of its privileges and penalties imposed therefor. (3) The High Court shall, in accordance with the Federal law, have the power to originally try and settle cases, hear appeals and test judgments referred for confirmation. (4) Other powers and procedures of the High Court shall be as provided by the Federal law. 145. Power to transfer cases: (1) If a High Court is of the opinion that a case which is _sub judice_ in a subordinate court within its jurisdiction involves a question relating to a State law and it is essential to settle that question in order to decide the case, the High Court may procure the case and dispose the case wholly or decide only such question and remand the case to the court of first instance. (2) If it is satisfied with the reason that there exists a situation where judicial impartiality can be questioned if a case filed in a District Court is tried by that Court, the High Court may, for reasons and grounds to be recorded, order such case to be transferred from such District Court to another District Court under its jurisdiction and tried by the latter District Court, as provided for in the Federal law. 146. To be engaged in practice of law: A person who has retired from the office of a Judge of a High Court may be engaged in the practice of law before the Supreme Court and a High Court, other than the High Court where he or she has served as a Judge and a subordinate court. 147. Responsibility of Chief Judge: The Chief Judge shall have the ultimate responsibility to make effective the administration of justice by the High Court and the Courts or other judicial bodies which are subordinate to it. For that purpose, the Chief Judge may, subject to this Constitution and the Federal law, give necessary direction to the subordinate Courts and judicial bodies. 148. District Courts: (1) There shall be a District Court in each District. (2) The Local level judicial bodies established in accordance with the State law shall be subordinate to the District Court. The District Court may inspect as well as supervise and give necessary direction to its subordinate judicial bodies. 149. Appointment, qualification, remuneration and other conditions of service of Judges of District Courts: (1) The Chief Justice shall, on recommendation of the Judicial Council, appoint Judges of the District Courts. Constitution of Nepal 2072
Constitution of Nepal 2072

(2) The vacant posts of Judges of the District Court shall be filled as follows: (a) twenty percent of the vacant posts, on the basis of evaluation of seniority, qualification and competency, from amongst the officers who have obtained bachelor's degree in law and served for at least three years in the post of Gazetted Second Class of the Judicial Service, (b) forty percent of the vacant posts, on the basis of open competitive examination, from amongst the officers who have obtained bachelor's degree in law and served for at least three years in the post of Gazetted Second Class of the Judicial Service, (c) the remaining forty percent of the vacant posts, on the basis of open competitive examination, from amongst the citizens of Nepal who, having obtained bachelor's degree in law, have constantly practiced law for at least eight years as an advocate or who, having obtained bachelor's degree in law, have served in a Gazetted post of the Judicial Service for at least eight years or have constantly been engaged in the teaching or research of law or served in any other field of law or justice for at least eight years. (3) The Judicial Service Commission shall, in accordance with the Federal law, hold written and oral competitive examinations for the persons who have possessed the qualification under sub-clauses (b) and (c) of clause (2), and make recommendation, in order of merit, to the Judicial Council for appointment as District Judges. (4) The remuneration and other conditions of service of the Judges of the District Court shall be provided for in the Federal law. (5) The remuneration and other conditions of service of a Judge of the District Court shall not be altered to his or her disadvantage. Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarrays. (6) The office of a Judge of the District Court shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing before the Chief Justice, (b) if he or she attains the age of sixty-three years, (c) if he or she is removed from office by the Chief Justice on recommendation of the Judicial Council, on the ground of his or her incompetence, misconduct, failure to perform his or her duties honestly, performance of business with mala fide intention or serious violation by him or her of the code of conduct required to be observed by him or her, (d) if he or she is removed from office by the Chief Justice on recommendation of the Judicial Council on the ground that he or she is unable to continue service and discharge his or her duties because of physical or mental illness, (e) if he or she is punished by a court for a criminal offence involving moral turpitude, (f) if he or she dies. Constitution of Nepal 2072
Constitution of Nepal 2072

(7) A District Judge who is accused shall be given a reasonable opportunity to defend himself or herself before removing him or her from office under sub-clause (c) of clause (6). The District Judge against whom the proceedings are so initiated shall not perform the duties of his or her office until the proceedings are completed. (8) Nothing shall prevent the instituting of action, in accordance with the Federal law, against a District Judge who is removed from office for an offence which he or she has committed while in office. 150. District Judges not to be engaged in any other office and provisions relating to transfer : (1) No District Judge shall be engaged in or deputed to any office other than that of Judge. Provided that the Government of Nepal may, in consultation with the Judicial Council, depute a District Judge to work concerning judicial inquiry, or to legal or judicial investigation or research and to any election related work, for a specified period. (2) The Chief Justice may, on recommendation of the Judicial Council, transfer a District Judge from one District Court to another District Court. 151. Jurisdiction of District Court: (1) Except as otherwise provided by the Federal law, a District Court shall have the power to originally try and settle all cases under its jurisdiction, to try petitions under law, including petitions of habeas corpus and prohibition, hear appeals under law from decisions made by quasi judicial bodies, hear appeals from decisions made by Local level judicial bodies formed under the State law, institute contempt proceedings and punish for contempt under the Federal law if anyone makes obstruction in the dispensation of justice by, or disregards any order or judgment by, it or any of its subordinate courts. (2) Other provisions relating to the jurisdiction and procedures of the District Courts shall be as provided for in the Federal law. 152. Specialized courts: (1) Other specialized courts, judicial bodies or tribunals may be formed to try and settle specific types and nature of cases other than those mentioned in Article 127, as provided for in the Federal law. Provided that no specialized court, judicial body or tribunal shall be formed for any specific case. (2) No criminal offence involving imprisonment for a term of more than one year shall fall under the jurisdiction of a body other than a court, specialized court, military court or judicial body. 153. Constitution of Nepal 2072
Constitution of Nepal 2072

Judicial Council: (1) There shall be a Judicial Council to make recommendation or give advice, in accordance with this Constitution, on the appointment of, transfer of, disciplinary action against, and dismissal of, Judges, and other matters relating to the administration of justice, which shall consist of the following as its chairperson and members: (a) The Chief Justice - Chairperson (b) The Federal Minister for Law and Justice - Member (c) The senior-most Judge of the Supreme Court (d) One jurist nominated by the President on recommendation of the Prime Minister (e) A senior advocate or advocate who has gained at least twenty years of experience, to be appointed by the President on recommendation of the Nepal Bar Association - Member - Member - Member (2) The term of office of the members under sub-clauses (d) and (e) of clause (1) shall be four years, and their remuneration and facilities shall be equivalent to those of a Judge of the Supreme Court. (3) The members under sub-clauses (d) and (e) of clause (1) shall be removed from office in the same manner and on the same grounds as a Judge of the Supreme Court. (4) The chairperson and a member of the Judicial Council may study the case associated with a complaint filed in respect of any Judge, and make a report thereof to the Judicial Council. (5) If a preliminary inquiry of a complaint filed in respect of any Judge reveals a need to have a detailed inquiry by an expert, the Judicial Council may form an inquiry committee. (6) If a Judge, other than a Judge who can be removed from office by way of impeachment in accordance with this Constitution, commits an abuse of authority by way of corruption, the Judicial Council may investigate into the matter and institute a case in accordance with law. (7) The Judicial Council must prepare updated records of the persons who are qualified for appointment to offices of the Chief Justice, Judges of the Supreme Court, Chief Judges and Judges of the High Courts. (8) Other functions, duties and powers of the Judicial Council shall be as provided for in the Federal law. 154. Judicial Service Commission: (1) In appointing, transferring or promoting gazetted officers of the Federal Judicial Service or taking departmental action concerning such officers in accordance with law, the Government of Nepal shall act on recommendation of the Judicial Service Commission. Provided that in making new permanent appointments to gazetted posts of the Federal Judicial Service from persons who are not already in the Federal Government Service or making promotions from non-gazetted posts of the Federal Judicial Service to gazetted ones of that Service, the Government of Nepal shall act on the recommendation of the Public Service Commission. Explanation: For the purposes of this Article, the Public Service Commission shall hold open and internal competitive examinations to be held for appointments to Gazetted posts of the Federal Judicial Service. Constitution of Nepal 2072
Constitution of Nepal 2072

(2) The Judicial Service Commission shall consist of the following as its chairperson and members: (a) The Chief Justice - Chairperson (b) The Federal Minister for Law and Justice (c) The seniormost Judge of the Supreme Court (d) The Chairperson of the Public Service Commission - Member - Member - Member (e) The Attorney General - Member (3) Other functions, duties, powers and procedures of the Judicial Service Commission shall be as provided for in the Federal law. 155. Provisions relating to conditions of service and facilities: Provisions relating to the remuneration, facilities and conditions of service of the employees of the Federal Judicial Service shall be as provided for in the Federal Act. 156. Provisions relating to State Judicial Service Commission: Provisions relating to the formation of a State Judicial Service Commission and the remuneration, facilities and conditions of service of the employees of a State Judicial Service shall be as provided for in the Federal law. Part- 12 Attorney General 157. Attorney General: (1) There shall be an Attorney General of Nepal. (2) The President shall, on recommendation of the Prime Minister, appoint the Attorney General. The Attorney General shall hold office during the pleasure of the Prime Minister. (3) A person who is qualified to be appointed as a Judge of the Supreme Court shall be eligible to be appointed as the Attorney General. (4) The office of the Attorney General shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing to the President through the Prime Minister, (b) if he or she is removed from office by the President on recommendation of the Prime Minister, (c) if he or she dies. (5) The remuneration and other facilities of the Attorney General shall be similar to those of a Judge of the Supreme Court. Other conditions of service of the Attorney General shall be in accordance with law. 158. Functions, duties and powers of Attorney General: (1) The Attorney General shall be the chief legal advisor to the Government of Nepal. It shall be the duty of the Attorney General to give opinions and advices on constitutional and legal matters to the Government of Nepal and such other authorities as the Government of Nepal may specify. (2) The Attorney General or government attorneys subordinate to him or her shall represent the Government of Nepal in lawsuits wherein the rights, interests or concerns of the Government of Nepal are involved. Except as provided otherwise in this Constitution, the Attorney General shall have the right to make a final decision as to whether to institute any case on behalf of the Government of Nepal in any court, judicial body or authority. (3) Opinion of the Attorney General must be obtained for withdrawing a case filed on behalf of the Government of Nepal. Constitution of Nepal 2072
Constitution of Nepal 2072

(4) The Attorney General may, upon invitation by the Federal Parliament or any of its committees, to appear and express his or her opinion on any legal question in such a meeting. (5) In the course of discharging the duties of his or her office, the Attorney General shall have the right to appear in any Court, office and authority of Nepal. (6) The Attorney General shall, in the course of performing his or her duties, have the power to carry out the following acts, in addition to that set forth in clause (2): (a) to defend, on behalf of the Government of Nepal, any lawsuit in which the Government of Nepal is a plaintiff or a defendant, (b) to monitor, or cause to be monitored, whether any interpretation given to a law or any legal principle laid down by the Supreme Court in the course of hearing of lawsuits has been implemented, (c) if a complaint is made alleging that any person held in custody has not been treated humanely subject to this Constitution or such person has not been allowed to meet his or her relative or through his or her legal practitioner or if information of such matter is received, to inquire thereinto and give necessary directive to the concerned authority to prevent such act. (7) The Attorney General may so delegate his or her functions, duties and powers under this Article to his or her subordinate government attorneys as to be exercised and complied with subject to the specified conditions. (8) In addition to the functions, duties and powers mentioned in this Article, other functions, duties and powers of the Attorney General shall be pursuant to this Constitution and the Federal law. 159. Annual report: (1) The Attorney General shall, every year, submit to the President an annual report on the works which he or she has performed pursuant to this Constitution and the Federal law, and the President shall cause such report to be laid before the Federal Parliament through the Prime Minister. (2) The annual report to be submitted pursuant to clause (1) shall set out, _inter alia_, the number of advices and opinions on constitutional and legal matters rendered by him or her throughout the year, and short description of such advices and opinions, details of cases instituted as state cases, details of defence made in lawsuits in which the Government of Nepal is a plaintiff or defendant, details of reforms to be made in the future in relation to cases to be instituted as state cases and information relating to crime trends. 160. Chief Attorney: (1) There shall be a Chief Attorney in every State, who shall be subordinate to the Attorney General. (2) The Chief of State shall, on recommendation of the concerned Chief Minister, appoint the Chief Attorney. The Chief Attorney shall hold office during the pleasure of the Chief Minister. Constitution of Nepal 2072
Constitution of Nepal 2072

(3) A person who is qualified to be appointed as a Judge of High Court shall be eligible to be appointed as the Chief Attorney. (4) The office of the Chief Attorney shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing to the Chief of State through the Chief Minister, (b) if he or she is removed from office by the Chief of State on recommendation of the Chief Minister, (c) if he or she dies. (5) The Chief Attorney shall be the chief legal advisor to the State Government. It shall be the duty of the Chief Attorney to give opinions and advices on constitutional and legal matters to the State Government and such other authorities as the State Government may specify. (6) The Office of Attorney General shall manage the employees under the Office of Chief Attorney. (7) The remuneration and other facilities of the Chief Attorney shall be similar to those of a Judge of High Court. The functions, duties and powers and other conditions of service of the Chief Attorney shall be as provided for in the State law. 161. Provisions relating to conditions of service and facilities: Provisions relating to the remuneration, facilities and conditions of service of the government attorneys and other employees under the Attorney General shall be as provided for in the Federal Act. Part -13 State Executive 162. Executive power of State: (1) The executive power of a State shall, pursuant to this Constitution and the State law, be vested in the State Council of Ministers. Provided that if a State Executive does not exist because of enforcement of Federal governance, the Chief of State shall exercise the executive power of the State as directed by the Government of Nepal. (2) The responsibility for issuing general directives, controlling and regulating the governance of the State shall, subject to this Constitution and other laws, lie in the State Council of Ministers. (3) All State executive functions shall be performed in the name of the State Government. (4) The executive power of the State shall be as mentioned in Schedule-6, Schedule-7 and Schedule-9 subject to this Constitution. Provided that the State Council of Ministers shall exercise the executive powers in coordination with the Government of Nepal, except as explicitly mentioned in this Constitution and in the Federal law in relation to concurrent powers of the Federation and the State. (5) Any decision or order to be issued in the name of the State Government pursuant to clause (3) and other instruments of authorization pertaining thereto shall be authenticated as provided for in the State law. 163. Provisions relating to Chief of State: (1) There shall be a Chief of State in each State, as a representative of the Government of Nepal. (2) The President shall appoint one Chief of State for each State. Constitution of Nepal 2072