nayan135/constitution · Datasets at Hugging Face

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124. Federal contingency f und: (1) A Federal Act may create a fund to be known as
the contingency f und into which such moneys as may be determined by the
Federal Act shall be paid from time to time .
(2) The Government of Nepal shall control the f und under clause (1) ,
and may meet any unforeseen expenditure out of such f und.
84
(3) The amount of the expen diture under clause (2) shall be
reimbursed as soon as possible as provided for in the Federal Act.
125. Act relating to financial p rocedures : Matters relating to the transfer of moneys
appropriated by the Federal Act from one head to another and other fin ancial
procedures shall be as provided for in the Federal Act.

85
Part-11
Judiciary
126. Courts to exercise powers relating to j ustice : (1) Powers relating to justice in
Nepal shall be exercised by courts and other judicial bodies in ac cordance with
this Constitution, other laws and the recognized principles of justice.
(2) All shall abide by the orders or decisions made in the cour se of
trial of lawsuits by the c ourts.
127. Courts : (1) There shall be the following c ourts in Nepal:
(a) Supreme Court,
(b) High Court, and
(c) District Court.
(2) In addition t o the c ourts under clause (1), judicial bodies may be
formed at the Local level to tr y cases under law or other bodies as required
may be formed to pursue alternative dispute settlement methods.
128. Supreme Court : (1) There shall be a Supreme Court in Nepal.
(2) The Supreme Court shall be a court of record. All courts and
judicial bodies shall, except as otherwise provided in this Constitution, be
under the Supreme Court. The Supreme Court shall have the final authority to
interpret this Constitution and laws.
(3) The Supreme Court may inspect, supervise an d give necessary
directives to, it and courts, specialized courts or other judicial bodies under its
jurisdiction, in relation to matters relating to judicial administration or
management.
(4) All must abide by any interpretation of the Constitution or a law
made by or any legal principle laid down by the Supreme Court in the course
of trying a lawsuit. If anyone makes obstruction in the dispensation of justice
86
by, or disregard any order or judgment handed down by, it or any of its
subordinate courts, the Supreme Court may , in accordance with law, initiate
proceedings and impose punishment for contempt .
129. Appointment and q ualification of Chief Justice of Nepal and Judges of
Supreme Court : (1) The Supreme Court shall consist of a maximum of twenty
Judges, in addition to the Chief Justice of Nepal.
(2) The President shall appoint the Chief Justice, on recommendation
of the Constitutional Council, and other Judges of the Supreme Court, on
recommendation of the Judicial Council.
(3) Any person who has served as a Judge of the Supreme Court for
at least three years shall be qualified for appointment as the Chief Justice.
(4) The term of of fice of the Chief Justice shall be six years .
(5) Any citizen of Nepal who has obtained a bachelor 's degree in law
and served as the Chief Judge or a Judge of a High Court for at least five years
or who has obtained a bachelor 's degree in law and constantly practiced law as
a senior advocate or advocate for at least fifteen years or who is a distinguished
jurist having constantly worked for at least fifteen years in the judicial or legal
field or who has served in the post of Gazetted first class or a higher post of the
Judicial Service for at least twelve years shall be deemed qualified for
appointment as a Judge of the Supreme Court.
Explanation : The period during which one has served as the Chief Judge or
Judge of an Appellate Court prior to the commencement of this Constitution
shall, for the purposes of this clause, be deemed to be the period of service in
the capacity of the Chief Judge or Judge of the High Court.
(6) If the office of the Chief Justice falls vacant or the Chief Justice
is unable to carry out the duties of his or her office by reason of illness or
otherwise or he or she cannot be present in the Supreme Court by reason of a
87
leave of absence or his or her bei ng outside of Nepal, the senior -most Judge of
the Supreme Court shall act as the Acting Chief Justice.
130. Conditions of service and f acilities of Chief Justice and Judge s: (1) If the Chief
Justice or a Judge of the Supreme Court who has served for at lea st five years
resigns or undergoes compulsory retirement or dies, he or she shall be entitled
to suc h pension as may be provided for in the Federal law.
(2) Except as otherwise provided in this Constitution, the
remuneration and other conditions of service of the Chief Justice and Judges of
the Sup reme Court shall be provided for in the Federal law.
(3) Notwithstanding anything contained in clauses (1) a nd (2), the
Chief Justice or a Judge of the Supreme Court who has been removed from
office by way of impe achment or who has been punished 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 Judge of the Supreme Court shall not b e 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.
131. Vacation of office of Chief Justice or Judge of Supreme Court : The office of
the Chief Justice or a Judge of the Supreme Court shall be vacant in any of the
following circumstances:
(a) if he or she tenders resignation in writing before the President ,
(b) if he or she atta ins the age of sixty -five years,
(c) if a motion of impeachment is passed against him or her under
Article 101,
88
(d) if the President removes from office the Chief Justice, on
recommendation of the Constitutional Council, and the Judge of
the Supreme Court, on recommendation of the Judicial Cou ncil,
on the ground that he or she is unable to discharge his or her
duties becaus e of physical or mental illness,

124. Federal contingency f und: (1) A Federal Act may create a fund to be known as

the contingency f und into which such moneys as may be determined by the

Federal Act shall be paid from time to time .

(2) The Government of Nepal shall control the f und under clause (1) ,

and may meet any unforeseen expenditure out of such f und.

84

(3) The amount of the expen diture under clause (2) shall be

reimbursed as soon as possible as provided for in the Federal Act.

125. Act relating to financial p rocedures : Matters relating to the transfer of moneys

appropriated by the Federal Act from one head to another and other fin ancial

procedures shall be as provided for in the Federal Act.

85

Part-11

Judiciary

126. Courts to exercise powers relating to j ustice : (1) Powers relating to justice in

Nepal shall be exercised by courts and other judicial bodies in ac cordance with

this Constitution, other laws and the recognized principles of justice.

(2) All shall abide by the orders or decisions made in the cour se of

trial of lawsuits by the c ourts.

127. Courts : (1) There shall be the following c ourts in Nepal:

(a) Supreme Court,

(b) High Court, and

(c) District Court.

(2) In addition t o the c ourts under clause (1), judicial bodies may be

formed at the Local level to tr y cases under law or other bodies as required

may be formed to pursue alternative dispute settlement methods.

128. Supreme Court : (1) There shall be a Supreme Court in Nepal.

(2) The Supreme Court shall be a court of record. All courts and

judicial bodies shall, except as otherwise provided in this Constitution, be

under the Supreme Court. The Supreme Court shall have the final authority to

interpret this Constitution and laws.

(3) The Supreme Court may inspect, supervise an d give necessary

directives to, it and courts, specialized courts or other judicial bodies under its

jurisdiction, in relation to matters relating to judicial administration or

management.

(4) All must abide by any interpretation of the Constitution or a law

made by or any legal principle laid down by the Supreme Court in the course

of trying a lawsuit. If anyone makes obstruction in the dispensation of justice

86

by, or disregard any order or judgment handed down by, it or any of its

subordinate courts, the Supreme Court may , in accordance with law, initiate

proceedings and impose punishment for contempt .

129. Appointment and q ualification of Chief Justice of Nepal and Judges of

Supreme Court : (1) The Supreme Court shall consist of a maximum of twenty

Judges, in addition to the Chief Justice of Nepal.

(2) The President shall appoint the Chief Justice, on recommendation

of the Constitutional Council, and other Judges of the Supreme Court, on

recommendation of the Judicial Council.

(3) Any person who has served as a Judge of the Supreme Court for

at least three years shall be qualified for appointment as the Chief Justice.

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

(5) Any citizen of Nepal who has obtained a bachelor 's degree in law

and served as the Chief Judge or a Judge of a High Court for at least five years

or who has obtained a bachelor 's degree in law and constantly practiced law as

a senior advocate or advocate for at least fifteen years or who is a distinguished

jurist having constantly worked for at least fifteen years in the judicial or legal

field or who has served in the post of Gazetted first class or a higher post of the

Judicial Service for at least twelve years shall be deemed qualified for

appointment as a Judge of the Supreme Court.

Explanation : The period during which one has served as the Chief Judge or

Judge of an Appellate Court prior to the commencement of this Constitution

shall, for the purposes of this clause, be deemed to be the period of service in

the capacity of the Chief Judge or Judge of the High Court.

(6) If the office of the Chief Justice falls vacant or the Chief Justice

is unable to carry out the duties of his or her office by reason of illness or

otherwise or he or she cannot be present in the Supreme Court by reason of a

87

leave of absence or his or her bei ng outside of Nepal, the senior -most Judge of

the Supreme Court shall act as the Acting Chief Justice.

130. Conditions of service and f acilities of Chief Justice and Judge s: (1) If the Chief

Justice or a Judge of the Supreme Court who has served for at lea st five years

resigns or undergoes compulsory retirement or dies, he or she shall be entitled

to suc h pension as may be provided for in the Federal law.

(2) Except as otherwise provided in this Constitution, the

remuneration and other conditions of service of the Chief Justice and Judges of

the Sup reme Court shall be provided for in the Federal law.

(3) Notwithstanding anything contained in clauses (1) a nd (2), the

Chief Justice or a Judge of the Supreme Court who has been removed from

office by way of impe achment or who has been punished 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 Judge of the Supreme Court shall not b e 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.

131. Vacation of office of Chief Justice or Judge of Supreme Court : The office of

the Chief Justice or a Judge of the Supreme Court shall be vacant in any of the

following circumstances:

(a) if he or she tenders resignation in writing before the President ,

(b) if he or she atta ins the age of sixty -five years,

(c) if a motion of impeachment is passed against him or her under

Article 101,

88

(d) if the President removes from office the Chief Justice, on

recommendation of the Constitutional Council, and the Judge of

the Supreme Court, on recommendation of the Judicial Cou ncil,

on the ground that he or she is unable to discharge his or her

duties becaus e of physical or mental illness,