nayan135/constitution · Datasets at Hugging Face

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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,

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,