nayan135/constitution · Datasets at Hugging Face

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(3) Other provisions relating to annual reports under clause (1) shall
be as provided for in the Federal law.
139. High Courts : (1) There shall be a High Court in each State.
92
(2) If anyone makes obstruction in the dispensation of justice by, or
disregard any order or judgmen t handed down by, it or any of its subordinate
courts or judicial bodies, the High Court may initiate proceedings on and
impose punishment for contempt, as provided for in the Federal law.
(3) Each High Court shall consist of such number of Judges, in
addition to t he Chief Judge, as provided for in the Federal law.
140. Appointment and qualification of Chief J udge and J udges of High Court : (1)
The C hief Justice shall, on recommendation of the Judicial Council, appoint
the Chief Judge and Judges of the High Court.
(2) Any citizen of Nepal who has obtained a bachelor 's degree in law
and served as a Judge of a District Court for at least five years or who has
obtained a bachelor 's degree in law an d constantly practiced law as a senior
advocate or advocate for a t least ten years or who has constantly been engaged
in the teaching or research of law or in any other field relation to law or justice
for at least ten years or who has served in the post of at least Gazetted first
class of the Judicial Service for at le ast five years shall be deemed qualified for
appointment as the Chief Judge or a Judge of the High Court.
(3) Appointments to the Chief Judge and Judges of a High Court
shall be made from amongst the persons who have possessed the qualification
under claus e (2) on the basis of the proportion of cases settled by him or her
annually and of evaluation of cases upheld, quashed or reversed by superior
court s in the course of final decision thereof, in the case of a District Judge,
and of his or her seniority, qu alification and evaluation of standard of
performance of business , in the case of a person who has served in the post of
at least Gazetted first class of the Judicial Service, and of evaluation of
seniority, professional continu ity, honesty, professional condu ct and
contribution made to the field of law and justice , in the case of other s.
93
(4) If the office of the Chief Ju dge falls vacant or the Chief Judge is
otherwise unable to carry out the duties of his or her office or cannot be present
in the High Court by reason of a leave of absence or his or her being outside of
the State , the senior -most Judge of the High Court shall act as the Acting Chief
Judge .
141. Conditions of s ervice and f acilities o f 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 the High Court shall be provided
for in the Federal law.
(2) Notwithstanding anything contained in clause (1), the Chief
Judge or a Judge of a High Court who has been removed from office upon
action by the Judicial Council or upon punishment 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 in cases w here the Judicial
Council has removed him or her from office on the ground of inability to
perform the duties of his or her office because of physical or mental illness.
(3) The remuneration and other conditions of service of the Chief
Judge or a Judge of the High 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.
142. 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,
94
(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
becaus e 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 unde r 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 off ence which he or she has committed while in office.
143. Chief Judge and Judge s not to b e engaged in any other o ffice and provisions
relating to t ransfer : (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
95
inquiry, or to legal or judicial investigation or research or to any business of
national conc ern 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 .

(3) Other provisions relating to annual reports under clause (1) shall

be as provided for in the Federal law.

139. High Courts : (1) There shall be a High Court in each State.

92

(2) If anyone makes obstruction in the dispensation of justice by, or

disregard any order or judgmen t handed down by, it or any of its subordinate

courts or judicial bodies, the High Court may initiate proceedings on and

impose punishment for contempt, as provided for in the Federal law.

(3) Each High Court shall consist of such number of Judges, in

addition to t he Chief Judge, as provided for in the Federal law.

140. Appointment and qualification of Chief J udge and J udges of High Court : (1)

The C hief Justice shall, on recommendation of the Judicial Council, appoint

the Chief Judge and Judges of the High Court.

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

and served as a Judge of a District Court for at least five years or who has

obtained a bachelor 's degree in law an d constantly practiced law as a senior

advocate or advocate for a t least ten years or who has constantly been engaged

in the teaching or research of law or in any other field relation to law or justice

for at least ten years or who has served in the post of at least Gazetted first

class of the Judicial Service for at le ast five years shall be deemed qualified for

appointment as the Chief Judge or a Judge of the High Court.

(3) Appointments to the Chief Judge and Judges of a High Court

shall be made from amongst the persons who have possessed the qualification

under claus e (2) on the basis of the proportion of cases settled by him or her

annually and of evaluation of cases upheld, quashed or reversed by superior

court s in the course of final decision thereof, in the case of a District Judge,

and of his or her seniority, qu alification and evaluation of standard of

performance of business , in the case of a person who has served in the post of

at least Gazetted first class of the Judicial Service, and of evaluation of

seniority, professional continu ity, honesty, professional condu ct and

contribution made to the field of law and justice , in the case of other s.

93

(4) If the office of the Chief Ju dge falls vacant or the Chief Judge is

otherwise unable to carry out the duties of his or her office or cannot be present

in the High Court by reason of a leave of absence or his or her being outside of

the State , the senior -most Judge of the High Court shall act as the Acting Chief

Judge .

141. Conditions of s ervice and f acilities o f 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 the High Court shall be provided

for in the Federal law.

(2) Notwithstanding anything contained in clause (1), the Chief

Judge or a Judge of a High Court who has been removed from office upon

action by the Judicial Council or upon punishment 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 in cases w here the Judicial

Council has removed him or her from office on the ground of inability to

perform the duties of his or her office because of physical or mental illness.

(3) The remuneration and other conditions of service of the Chief

Judge or a Judge of the High 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.

142. 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,

94

(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

becaus e 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 unde r 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 off ence which he or she has committed while in office.

143. Chief Judge and Judge s not to b e engaged in any other o ffice and provisions

relating to t ransfer : (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

95

inquiry, or to legal or judicial investigation or research or to any business of

national conc ern 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 .