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offence which h e or she has committed while in office. |
150. District Judges not to be engaged in any o ther office and provisions r elating 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 L ocal leve l 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. |
100 |
152. Specialized c ourts : (1) Other specialized courts, judic ial 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. 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 - Member |
(d) One jurist nominated by the President on |
recommendation of the Prime Minister |
- Member |
(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 |
101 |
(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 Suprem e 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 a n |
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 Judge s and Judge s 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) I n 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 tha t in making new permanent appointments to gazetted posts |
of the Federal Judicial Service from persons who are not already in the Federal |
102 |
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 app ointment s to Gazetted posts of the Federal Judicial Service. |
(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 - Member |
(c) The seniormost Judge of the |
Supreme Court - Member |
(d) The Chairperson of the Public |
Service Commission - 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 f acilities : Provisions relating to |
the remuneration, facilities and conditions of s ervice of the employees of the |
Federal Judicial Service shall be as p rovided for in the Federal Act. |
156. Provisions r elating to State Judicial Service Commission : Provisions relating to |
the formation of a State Judicial Service Commission and the remuneration, |
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