Judicial Council Act, 2047 (1991)


Published: 1991

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Judicial Council Act, 2047 ENGLISH

Judicial Council Act, 2047 (1991)

Date of Authentication and Publication
2047-12-27 (10 April, 1991)
Amendments
1. Judicial Council (First Amendment) Act, 2050 (1993) 2050-7-4
(Oct. 20, 1993)
2. Judicial Management and Administration of Justice 2059.5.27
Related Some Nepal Acts (Amendment) Act, 2059 (Sept. 12, 2002)
3. Some Nepal Laws (Amendment) Act, 2063 2063.6.28
(Oct. 14, 2006)
4. Republic Strengthening and Some Nepal Laws 2066/1 /7
Amendment Act, 2066 (Jan. 21, 2010)

Act No. 27 of the Year 2047
An Act Enacted to Provide Provisions for Powers and Functions
of the Judicial Council

Preamble: Whereas, it is expedient to make necessary provisions relating to
powers and functions of the Judicial Council;


Now, therefore, be it enacted by His Majesty the King Birendra Bir Bikram
Shah Dev in accordance with Article 129 of the Constitution of the Kingdom of
Nepal, on the advice and with the consent of the Council of Ministers.
1. Short Title and Commencement: (1) This Act may is called “Judicial
Council Act, 2047 (1991).”
(2) This Act shall come into force immediately.
2. Definition: In this Act, unless the subject or context otherwise requires:
→(a) “Constitution” means the Interim Constitution of Nepal, 2063.
→(b) “Council” means the Judicial Council constituted in accordance with
Article 113 of the Constitution.
(c) “Chairperson” means the Chairperson of the Council.
(d) “Members” means the Members of the Council.
→(e) “Inquiry Committee” means the Inquiry Committee formed in
accordance with Sub-article (5) of Article 113 and Clause (c) of Sub-
article (10) of Article 109 of the Constitution.
3. To Prepare the Records: (1) The Council shall, in accordance with the
Constitution and other laws, prepare and keep the records of the persons
who are eligible for the appointment of judges at different levels.
(2) All the concerned institutions including the Supreme Court, the
Ministry of Law and Justice and the Office of the Attorney General shall
provide for necessary assistance to the Council in the course of preparing
the records pursuant to Sub-section (1).
(3) The Report of the Inspection of Work Performance and other
details relating to the service of the judges of Supreme Court, Court of
→ Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066



Appeal and District Courts and the details on work performance and other
matters relating to the service of the officers of judicial service shall be
collected from concerned courts and offices and be kept with the report to
be prepared pursuant to Sub- section (1).
(4) The records to be prepared in accordance with this Section shall
be confidential and shall remain under the responsibility of the Secretary of
the Council. Except the order pursued by the Council, such records shall
not be disclosed to any body.
→Provided that, nothing in this Sub-section shall be de med to bar to
provide necessary records to the Inquiry Committee.
4. Procedure to be followed in making the Recommendation for the
Appointment: (1) The Council shall, in addition to the matters provided
hereunder, explicitly mention other reasons and basis in the course of
making recommendation for the appointment of any person as a judge:
(a) Eligible for the appointment of a judge under the
Constitution and other laws;
(b) Competent to be appointed as a judge from the
standpoint of seniority, experience, knowledge on
subject-matters, skills, honesty, impartiality and moral
conduct etc.
(2) The Council shall, for the purpose of Clause (b) of Sub-section
(1), in the course of making recommendation for the appointment of any
person sitting as a District Court Judge to the Chief Judge or a Judge of a
Court of Appeal, of any person sitting as an Court of Appeal Judge to the
Chief Judge of Court of Appeal or a Justice of the Supreme Court and, of
→ Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066


any person sitting as a Chief Judge of the Court of Appeal to the Justice of
the Supreme Court, take the following matters into consideration:
(a) Matters mentioned in respect of such person in the
report submitted by the Supreme Court or Court of
Appeal to the Supreme Court after periodic or surprise
inspection of respective inferior Courts;
(b) Details of his\her service and report relating to work
performance;
(c) If an appellate judge has expressed any comment on
the judgment delivered by such person, details of such
comment.
(3) The Council shall, in the course of making recommendation for
the appointment of any officer of Nepal Judicial Service as a Judge, for the
purpose of Clause (b) of Sub-section (1), also take into consideration the
report regarding the details of service and work performance of such
person.
(4) The Council shall, in the course of making recommendation for
the appointment of any lawyer or person other than t e judges or officers of
Nepal Judicial Service, working in the field of law or justice, as a judge, for
the purpose of Sub-section (1), take into consideration the matters like
reputation of such person and public feelings or perception in respect of
his\her profession or work, and details regarding his/her previous service, if
any.
4A. Basis for Assessment of Competence or Conduct of a Judge: (1)
During the course of assessing the competence or condu t of the judge for
Inserted by the First Amendment.


the purpose of →Sub-article (10) of Article 109 of the Constitution, in
addition to other matters, the matters contained in Sub-sections (2), (3) and
(4) shall also be taken into consideration.
(2) In the following circumstances, the judge shall be deemed of
lacking the work competence:

(a) He\she has not decided or initiated the case within the
time limit as prescribed by the law without any
reasonable cause;
(b) He\she has unduly delayed cases by not issuing order
or decision at once though it has to be done or could be
done at once or by adopting unnecessary, irrelevant or
unlawful proceedings or decision;
(c) He\she has accomplished the work lesser than the
work assigned by the Council to the judge in respect to
proceedings and decision of the case;
(d) He\she has made undue effect on the proceedings a d
decision by applying clearly inapplicable law or by
forcefully adopting the different meaning or
interpretation by way of avoiding the clear and
unambiguous interpretation or meaning in the course
of case proceedings or decision;
(e) He\she has made different opinion in the same legal
questions reflected to different cases and taken
proceedings or decision accordingly;
→ Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066


Provided that, nothing in this provision shall be
applicable if the judge has changed his\her opinion
given in the previous cases on the basis of grounds a
reasons.
(f) He\she created the situation of unnecessarily delay in
the proceedings or decision of case by keeping case
into pending which is, in accordance with law, not
supposed to be kept into pending or by not reopening
the pending case which is, in accordance with law,
supposed to be reopened.
(g) He\she has, without mentioning any work or reason,
caused to make the party of the case to be present at
the court unnecessarily or has been escaped from
performing the prescribed work to be done in the
prescribed date for presence without any reasonable
cause;
(h) He\she has, during the course of issuing order for
inquiry of evidence, issued an order just for asking the
inquiry of evidence without mentioning the facts or
questions in which both of the parties are agreed and
the facts or questions to be decided in which the
parties are not agreed upon and the evidences as are
appeared to be taken into inquiry;
(i) He\she has delivered judgments contrary to the
precedent or legal principle established by the
Supreme Court.


Provided that, nothing in this provision shall be
applicable in case there is no uniformity or certainty in
the precedent or legal principle established by the
Supreme Court because of the reason that different
Benches have delivered different decisions or held
different interpretation in the same legal question
reflected to different cases.
(3) In the following conditions, a judge may be deem d not to have
performed his\her duties of the office honestly:
(a) He\she has, with a motive to avoid, liger, or make an
undue influence on the case, deliberately performed
any of the acts as mentioned under part (a) to (i) f
Sub-section (2);
(b) He\she has, without any reasonable cause, not been
present in the Bench in the prescribed time or avoid
the case from making the hearing though there has
been enough time to do so;
(c) He\she has, without any reasonable cause, made delays
in writing the judgment or order within the time
prescribed by law.
(d) He\she has, without approving the leave from the leave
issuing authority or without taking pre-permission
from such authority, been absent in the court;
(e) He\she has not followed or reluctant to follow the
order given by the superior courts or directives relating
to administrative affairs given by the Chief Justice or


the Chief Judge or any judge who looks after the court
administration.
(4) In the following conditions, the judge’s conduct shall be deemed
as miscounduct:
(a) He\she has performed any work to be deemed as
corruption under the current law;
(b) He\she has used narcotic drugs;
(c) He\she has used alcohol during court’s time;
(d) He\she has performed indecent or emotional conduct
in public place or ceremony in contrary to the dignity
of post;
(e) He\she has taken participation in politics;
Provided that, nothing in this provision shall be
deemed to bar to exercise the voting right in
accordance with law.
(f) He\she has, under the political or any other kind of
undue influence initiated any proceedings or delivered
the judgment which is not supposed to be done under
the law or initiated any proceedings or delivered the
judgment which is supposed to be done under the law;
(g) He\she has, deliberately misused the property of the
court or any facilities received to him/her.
(h) He\she has, performed any unusual conduct in the
Bench in a manner to destroying the dignity of the
court in contrary to discipline of the office;


(i) He\she has, committed any criminal offences
involving moral turpitude.
(5) The Council may, as per the circumstances, in the condition
mentioned under Sub-sections (2), (3) and (4), give warning to the
concerned judge and also initiate the action against such judge in case
he/she has not improved his/her performance or conduct as warned in
accordance with the Constitution and this Act,
Provided that, it shall not be necessary to give warning, pursuant to
this Sub-section, for initiating action in charge of bad conduct. The Council
may, in accordance with the Constitution and this Act, initiate proceedings
directly in such charge if it deems reasonable or necessary.
4B. The Chief Judge shall send the Report of Inspection and
Assessment: (1) The Chief Judge of the Court of Appeal shall, fter the
assessment, send the assessment report regarding the functions and
activities of the judge of Court of Appeal and District Courts and
information including judicial activities of the inferior courts to the
Secretariat of Judicial Council. In addition to other matters, the following
matters shall be mentioned in such report:
(a) Details of the checked annual attendance of the place
where such judge has been posted;
(b) Judgments delivered by the judge throughout the year
as per ratio of the cases registered in the concerned
courts;
Inserted by the Judicial Management and Administration of Justice Related Some Nepal Acts
(Amendment) Act, 2059


(c) Details of the judgments delivered by such judge
which have been reversed by the superior courts, if
any;
(d) Other activities regarding court management and
regulation.
(2) The Council shall also take the report prepared by the Chief
Judge pursuant to Sub-section (1) as a basis for assessment and for action
against a judge.
5. Initial Inquiry may be Conducted: (1) In case, in accordance with the
Constitution and this Act, any complaint or report seeking for an action
against any judge has been filed or it has been informed from any other
source that the existing circumstance is in favour f such action, the
Council as it deems necessity may, before the formation of Inquiry
Committee to inquire upon such charge against the judge in accordance
with →Sub-article (10) of Article 109 of the Constitution, give authority to
conduct initial inquiry by the Chairperson or Members or Judge of
Appellate Courts. The Chairperson, Members or Judge of the Court of
Appeal who conduct such initial inquiry shall submit his/her report to the
Council.
(2) The proceedings of initial inquiry to be conducted in accordance
with Sub-section (1) shall generally be confidential and the person
conducting such initial inquiry may, as per necessity, make inquiry upon
the alleged judge or other related persons.
(3) In case the charge alleged against the judge has been found
groundless from the initial inquiry conducted in accordance with Sub-
section (1), the Council may keep such proceedings i postponement. Amended by the First Amendment → Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066


6. Formation of an Inquiry Committee: (1) The Council shall, based on
the inquiry conducted in accordance with Section 5 or even at a time such
inquiry has not been conducted, form an Inquiry Committee, as it deems
necessary to make inquiry by the Inquiry Committee on the charge alleged
against any judge in accordance with →Sub-article (10) of Article 109 of the
Constitution and shall publish notification of the same in Nepal G zette.
(2) The Inquiry Committee may keep its office at anywhere in
Nepal.
(3) The Supreme Court shall provide staff and materi ls necessary
for the Inquiry Committee.
(4) The Secretary of the Council shall do the work as a Secretary of
the Inquiry Committee.
Provided that, the Council as it deems necessary may assign any
officer staff of Nepal Judicial Service to work as Secretary of the Inquiry
Committee.
7. Procedure and Powers of the Inquiry Committee: (1) The Inquiry
Committee may, in respect to furnish and execute the notice to the alleged
judge or record the statement, inquire witness evidence thereof, exercise the
power equivalent to the courts and in respect to inquiries and investigation
into the charge, exercise the powers as conferred on to the →Investigation
Officer under the Prevention of Corruption Act, 2059.
(2) The Inquiry Committee may, to accomplish the work related to
inquiry, also inquire, in addition to the judge who as been charged, any
other persons by presenting him before it.
→ Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066


(3) Proceedings of the inquiry to be conducted in accordance with
this Section shall be confidential. The Inquiry Committee shall not give
permission to any other person, other than the judge who has been charged,
lawyer and the complainant in case the proceedings have been conducted as
per his\her complaint, to be present or take part in at the place where the
proceedings of inquiry has been undertaken.
(4) The Inquiry Committee may impose fine up to three thousand
rupees or imprisonment for one month or both for the person disobeying
order issued during the course of inquiry in accordance with this Section or
creating hindrance in the proceedings of inquiry.
Provided that, the Council may give pardon to such person from the
punishment in case he\she has begged to do so with a believable cause to
prove that such work had not been committed intentionally.
(5) The Inquiry Committee shall, after the completion of the work of
inquiries, give report of such inquiry including its opinion to the Council
and handover all the related files and papers to the office of Council.
8. To Provide Opportunity to Defend himself\herself: (1) In case it is
observed from the report of inquiry and file papers submitted in accordance
with Sub-section (5) of Section 7 that the judge who has been charged is to
be punished under the Constitution and other law, the Council shall, with in
a reasonable time, give the notice of the same enclosi g the causes and
reasons to the judge who has been charged to present hi \her clarification.
In case he\she has not presented any clarification within such time or the
clarification so presented by him/her has been found satisfactory, the
Council shall decide in accordance with →Sub-article (10) of Article 109 of
the Constitution.
→ Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066


(2) In case the charge made against him\her has been found
groundless from the report of inquiry or clarification submitted by the
alleged judge in accordance with Sub-section (1), the Council may
postpone the proceedings against him\her.
9. ........................
9A. Authority to initiate case into the Offence of Corruption: In case of
a need to file a case against any judge on the charge of any accusation of
corruption under the current law, the case shall be initiated by submitting a
complaint or report to the concerned Court of Appeal by the Secretary or by
any other officer as deputed by the Council. During the course of
proceedings of such case, Court of Appeal may exercise the power of an
initial court and follow the appropriate procedure.
10. Ipso Facto Suspension if the Case is Filed: (1) In case a case is filed in
accordance with the current law against any judge on the basis of bad
conduct, such judge shall be deemed suspended ipso facto from his\her
office from the date of case filed.
(2) In case such judge receives clearance in the case filed under Sub-
section (1), his\her suspension shall be ipso facto expired from the date of
receiving the clearance.
11. Transfer or Deputation for a Temporary Assignment of Judges:
(1) The judge who has completed the tenure of three years in the courts of
non-remote areas and two years in the courts of remote areas shall,
generally, be transferred.
(2) The Chief Justice may depute any judge from onecourt to
another court for a temporary assignment.
Repealed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 Inserted by the First Amendment.


(3) In case any judge has been deputed for a temporary assignment
in accordance with Sub-section (1), the Chief Justice shall immediately
give information of this to the Council.
12. Office of the Council: (1) The Council shall have a separate office and
there shall be a Secretary as a chief-in-administration of the Council.
(2) There shall be Secretary of the Special class of the Nepal
Judicial Service.
(3) ...................
13. Meetings of the Council: (1) The meetings of the Council shall, as per
the need, be held as prescribed by the Chairperson.
Provided that, the chairperson shall call a meeting in case any two
members jointly make a written request including the agendas before the
Chairperson to call a meeting of the Council.
(2) Every agenda under consideration of the meeting shall be
decided on the basis of majority. In case of a tie, th Chairperson's may cast a
decisive vote.
(3) The Secretary shall send the notice for the meeting of the Council
to all the members at least 48 hours before the meeting by mentioning the date
and agendas for discussion.
(4) In case a member who receives notice pursuant to Sub-section
(3) wants to add any other agenda for discussion other than the agenda
already contained in the prescribed content, he\she shall serve the notice of
same to the Secretary by mentioning the reasons of such agendas at least
Twenty Four hours before the meeting is held.
Amended by the Some Nepal Laws (Amendment) Act, 2063 Omitted by the Some Nepal Laws (Amendment) Act, 2063


Provided that, nothing in this Sub-section shall be de med to bar the
Council to put a verbal proposal and take decision on such proposal after
discussion as per the consent of all members attending the meeting.
(5) It shall be deemed to constitute the quorum for the meeting of
Council if Chairperson and other Two members are present.
(6) The Secretary shall prepare and keep the record of decisions of
the Council and shall implement these under the dirction of Chairperson.