Article 101: Impeachment

1) One fourth of the total number of the then members of the House of Representatives may move a motion of impeachment against the President or Vice-President on the ground of serious violation of this Constitution and the Federal law. If the motion is passed by at least two-thirds majority of the total number of members of both Houses of the Federal Parliament, he or she shall be relieved of his or her office.

2) 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 members of the House of Representatives, the concerned person shall be relieved of his or her office.

3) There shall be an impeachment recommendation committee in the House of Representatives for the purpose of making a recommendation after inquiring into whether there exists a ground and reason for moving a motion of impeachment against any person under clause (2).

4) The committee under clause (3) shall consist of eleven members of the House of Representatives.

5) If at least three members of the House of Representatives certify and submit a petition that the 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 under clause (2), and the committee under clause (3), upon inquiring into such petition in accordance with Federal law, makes recommendation to the House of Representatives for impeachment proceedings, a motion of impeachment under clause (2) may be moved.

6) After the commencement of impeachment proceedings under clause (2), the Chief Justice of Nepal or Judge of the Supreme Court, 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.

7) A person who is charged with impeachment under clause (1) or (2) shall be provided with a reasonable opportunity to defend himself or herself.

8) Nothing shall bar the taking of action under the Federal law in relation to the offence, 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 under this Article.

9) A person who is relieved of office on the passage of a motion of impeachment under clause (1) or (2) 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.

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