(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
(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 Supreme 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 an 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 Judges and Judges of the High Courts.
(8) Other functions, duties and powers of the Judicial Council shall be
as provided for in the Federal law.