The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTS(4) Except on the matters which fall under the jurisdiction of the ConstituentAssembly Court, the Supreme Court shall have the final power to interpret thisConstitution and other prevailing laws.(5) The Supreme Court shall, in addition to the Chief Justice of Nepal, consist ofup to a maximum of fourteen other Judges. If at any time, the number of existingJudges becomes insufficient due to an increase in the number of cases in theSupreme Court, ad hoc Judges may be appointed for a fixed term.103. Appointment and qualifications of Judges of the Supreme Court(1) *The President shall appoint the Chief Justice of the Supreme Court on therecommendation of the Constitutional Council, and the Chief Justice shallappoint other Judges of the Supreme Court on the recommendation of theJudicial Council. The tenure of office of the Chief Justice shall be six years fromthe date of appointment, subject to sub-clause (b) of clause (1) of Article 105.(2) Any person who has worked as a Judge of the Supreme Court for at leastthree years is eligible for appointment as Chief Justice.(3) Any person who has worked as a Judge of an Appellate Court or in anyequivalent post in the judicial service for at least seven years, or has worked asa gazetted officer first class or above of the judicial service for at least twelveyears, or has practised law for at least fifteen years as a law graduate advocateor senior advocate, or a distinguished jurist who has worked for at least fifteenyears in the judicial or legal field is eligible for appointment as a Judge of theSupreme Court.(4) If the office of the Chief Justice becomes vacant, or the Chief Justice is unable tocarry out the duties of his/her office due to illness or any other reason, or he/shecannot be present in office due to a leave of absence or his/her being outside ofNepal, the senior-most Judge of the Supreme Court shall be the Acting Chief Justice.(5) The Chief Justice and other Judges of the Supreme Court shall hold officeuntil they attain the age of sixty-five years.104. Conditions of service and privileges of the Chief Justice and Judges(1) The Chief Justice, and the permanent judges of the Supreme Court whohave served for at least five years, shall get a pension at retirement as providedfor in the law.160*Amended on 2065 Jestha 15 (May 28, 2008) by the Interim Constitution of Nepal (Fourth Amendment) Act, 2065. Originallyread: The Prime Minister.