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

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTS(2) Except as otherwise provided in this Constitution, the remuneration, leave,allowances, pension and other conditions of service of the Chief Justice andother Judges of the Supreme Court shall be regulated by law.(3) Notwithstanding anything in clauses (1) and (2), any Chief justice or Judgeof the Supreme Court who has been removed from office through impeachmentshall not be entitled to any gratuities and pensions.(4) The remuneration, privileges and other conditions of service of the ChiefJustice and other Judges of the Supreme Court shall not be altered to theirdisadvantage.105. Removal of the Chief Justice and Judges of the Supreme Court(1) The Chief Justice or other Judges of the Supreme Court shall be deemed tohave ceased to hold office in the following situationsa) if the Chief Justice submits his/her resignation *to the President or aJudge submits his/her resignation to the Chief Justice,b) if he/she attains the age of sixty-five years.c) if the Legislature-Parliament passes a resolution of impeachment,d) if he/she dies.(2) A motion for impeachment may be presented before the Legislature-Parliament against the Chief Justice or any other Judge on the ground thathe/she is unable to perform their duties for reasons of incompetence,misbehaviour, failure to discharge the duties of their office in good faith, physicalor mental condition, and if a two-thirds majority of the total number of itsmembers passes the resolution, he/she shall ipso facto cease to hold office.Provided that, the Chief Justice or Judge so charged shall not be deprivedof the opportunity to defend him/herself.(3) The Chief Justice or the Judge, against whom impeachment proceedingshave been initiated pursuant to clause (2), shall not perform the duties of his/heroffice until the proceedings are completed.106. Chief Justice or Judges not to be engaged in any other assignment(1) The Chief Justice or Judges of the Supreme Court shall not be engaged in ordeputed to any other assignment except that of a Judge.162*Amended on 2065 Jestha 15 (May 28, 2008) by the Interim Constitution of Nepal (Fourth Amendment) Act, 2065. Originallyread: to the Council of Ministers.