(1) The Chief Justice shall, on recommendation of the
Judicial Council, appoint Judges of the District Courts.
(2) The vacant posts of Judges of the District Court shall be filled as
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 remaining forty percent of the vacant 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
field 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.
(4) The remuneration and other conditions of service of the Judges of
the District Court 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 disarrays.
(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 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 continue service and discharge his or her
duties because 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 himself or herself before removing him or her from 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
offence which he or she has committed while in office.