(1) The Supreme Court, Constituent Assembly
Court, Appellate Courts and District Courts existing at the time of commencement
of this Constitution shall continue to exist until the structure of Judiciary set forth
in this Constitution is set up. Nothing in this Constitution shall be deemed to bar
the settlement by respective Courts of the cases already filed in such Courts prior to the commencement of this Constitution and of the cases to be filed after the
commencement of this Constitution.
(2) The Chief Justice and Judges of the Supreme Court, Chief Judges
and Judges of the Appellate Courts and Judges of the Districts Courts at the time
of commencement of this Constitution shall be deemed to have been appointed
under this Constitution.
(3) The High Courts set forth in Article 139 shall be established no later
than one year after the date of commencement of this Constitution. The Appellate
Courts existing at the time of commencement of this Constitution shall be
dissolved after the establishment of such Courts.
(4) After the establishment of the High Courts in accordance with clause
(3), the cases sub judice in the Appellate Courts shall be transferred to such High
Courts as specified by the Government of Nepal, in consultation with the Judicial
Council, by notification in the Nepal Gazette.
(5) After the establishment of the High Courts in accordance with clause
(3), the Chief Justice shall, on recommendation of the Judicial Council, post the
Chief Judges and Judges of the Appellate Courts who are holding office at the
time of commencement of this Constitution to the offices of the Chief Judges and
Judges of the High Courts.
(6) The Additional Judges of the Appellate Courts who are holding
office at the time of commencement of this Constitution may continue to hold
office until the term specified at the time of their appointment.
(7) The cases on criminal offences punishable by imprisonment for a
term of more than one year and sub judice in any body other than a Court at the
time of commencement of this Constitution shall, after the commencement of this
Constitution, be transferred to the concerned District Court.