What are provisions for Impeachment in Nepal?

An impeachment motion was registered by 98 lawmakers against CJ Rana at the parliament secretariat on Sunday.

Article 101 (2) of the Constitution states that one fourth of the total number of the then members of the House of Representatives may move a motion of impeachment against the Chief Justice of Nepal or a Judge of the Supreme Court, member of the Judicial Council, chief or official of a Constitutional Body on the ground of his or her failure to fulfil his or her duties of office because of serious violation of this Constitution and law, incompetence or misconduct or failure to discharge the duties of office honestly or serious violation of the code of conduct. If the motion is passed by at least two thirds majority of the total number of the then members of the House of Representatives, the concerned person shall relieve his or her office. 

Besides, there shall be an impeachment recommendation committee in the House of Representatives for the purpose of making recommendation after inquiring into whether there exist the ground and reason for moving a motion of impeachment against any person.

If at least three members of the House of Representatives certify and submit a petition that the received information, notice or petition is admissible on the ground of serious violation of the Constitution or incompetence or misconduct or failure to discharge the duties of office honestly or serious violation of the code of conduct by the person relieving of office on impeachment and the committee upon inquiring into such petition in accordance with Federal law, makes recommendation to the House of Representatives for impeachment proceedings, a motion of impeachment may be moved. 

After the commencement of impeachment proceedings under the Chief Justice of Nepal or Judge of the Supreme Court, a member of the Judicial Council, chief or official of the Constitutional Body shall not be allowed to discharge the duties of his or her office pending the settlement of such proceedings. 

A person who is charged with impeachment shall be provided with a reasonable opportunity to defend himself or herself.

Nothing shall bar the taking of action under the Federal law in relation to the offense, if any, committed while in office by the President or Vice-President, Chief Justice of Nepal or a Judge of the Supreme Court of Nepal, member of the Judicial Council, chief or official of a Constitutional Body who is relieved of office upon the passage of a motion of impeachment.

A person who is relieved of office on the passage of a motion of impeachment shall not be entitled to obtain any facility accruing from such office and to be appointed or nominated to any public office in the future.

Other matters relating to impeachment shall be as provided for in the Federal law.

Leave Comment