nayan135/constitution · Datasets at Hugging Face

text stringlengths 1 101
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 originall y try and settle cases, hear appeals and test judgments
referred fo r confirmation.
(4) Other powers and procedures of the High Court shall be as
provided by the Federal law.
145. Power to transfer c ases: (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
96
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, th e 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 l aw: 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 subordina te court.
147. Responsibility of Chief Ju dge: The Chief Judge shall have the ultimate
responsibility to make effective the administration of justice by the High Court
and the C ourts or other judicial bodies which are subordinate to it . For that
purpose, t he Chief Judge may, subject to this Constitution and the Federal law,
give necessar y direction to the subordinate C ourts and judicial bodies.
148. District Courts : (1) There shall be a District Court in each District.
(2) The L ocal 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 c onditi ons of s ervice of
Judges of District Courts : (1) The Chief Justice shall, on recommendation of
the Judicial Council, appoint Judges of the District Courts.
97
(2) The vacant posts of Judge s of the District Court shall be filled a s
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 remainin g forty percent of the vacan t 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 fie ld 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.
98
(4) The remuneration and other conditions of service of the Judges
of the District Cou rt 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 disa rrays.
(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 violati on 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 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.
(7) A District Judge who is accused shall be given a reasonable
opportunity to defend h imself or herself before removing him or her from
99
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

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 originall y try and settle cases, hear appeals and test judgments

referred fo r confirmation.

(4) Other powers and procedures of the High Court shall be as

provided by the Federal law.

145. Power to transfer c ases: (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

96

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, th e 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 l aw: 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 subordina te court.

147. Responsibility of Chief Ju dge: The Chief Judge shall have the ultimate

responsibility to make effective the administration of justice by the High Court

and the C ourts or other judicial bodies which are subordinate to it . For that

purpose, t he Chief Judge may, subject to this Constitution and the Federal law,

give necessar y direction to the subordinate C ourts and judicial bodies.

148. District Courts : (1) There shall be a District Court in each District.

(2) The L ocal 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 c onditi ons of s ervice of

Judges of District Courts : (1) The Chief Justice shall, on recommendation of

the Judicial Council, appoint Judges of the District Courts.

97

(2) The vacant posts of Judge s of the District Court shall be filled a s

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 remainin g forty percent of the vacan t 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 fie ld 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.

98

(4) The remuneration and other conditions of service of the Judges

of the District Cou rt 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 disa rrays.

(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 violati on 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 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.

(7) A District Judge who is accused shall be given a reasonable

opportunity to defend h imself or herself before removing him or her from

99

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