(1) There shall be a National Human
Rights Commission of Nepal, consisting of a Chairperson and four other members.
(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members.
(3) The term of office of the Chairperson and members of the National
Human Rights Commission shall be six years from the date of appointment.
(4) The Chairperson and members appointed under clause (2) shall not
be eligible for reappointment.Provided that a Member may be appointed to the office of Chairperson, and
when a member is so appointed as the Chairperson, his or her term of office shall
be so computed as to include his or her term as the Member.
(5) Notwithstanding anything contained in clause (3), the office of the
Chairperson or member of the National Human Rights Commission shall be
vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if a motion of impeachment is passed against him or her under
Article 101,
(c) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds of
his or her inability to hold office and discharge the functions
due to physical or mental illness,
(d) if he or she dies.
(6) A person shall be eligible to be appointed as the Chairperson or a
member of the National Human Rights Commission if he or she possesses the
following qualification:
(a) in the case of the Chairperson, being a retired Chief Justice or retired
Judge of the Supreme Court and having rendered outstanding
contribution to the protection and promotion of human rights or
being a renowned person having been active for at least twenty years
in and rendered outstanding contribution to the protection and
promotion of human rights or to various fields of national life,
(b) in the case of a Member, being a person being involved in the field
of the protection and promotion of human rights or rights and
interests of the child or being a renowned person having been active
for at least twenty years in and rendered outstanding contribution to
various fields of national life,
(c) holding a bachelor’s degree from a recognized university,
(d) having attained the age of forty five years,
(e) not being a member of any political party at the time of appointment,
(f) being of high moral character.
(7) The remuneration and other conditions of service of the Chairperson
and members of the National Human Rights Commission shall be as provided for
in the Federal law. The remuneration and conditions of service of the Chairperson
and members of the National Human Rights Commission shall not, so long as they
hold office, be altered to their disadvantage.Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.
(8) A person once appointed as the Chairperson or a member of the
National Human Rights Commission shall not be eligible for appointment in other
government service.
Provided that nothing in this clause shall be deemed to be a bar to the
appointment to any political position or to any position which has the
responsibility of making investigations, inquiries or findings on any subject, or to
any position which has the responsibility of submitting advice, opinion or
recommendation after carrying out a study or research on any subject.