Article 129: Appointment and qualification of the Chief Justice of Nepal and the Judges of the Supreme Court

1) The Supreme Court shall consist of a maximum of twenty Judges, in addition to the Chief Justice of Nepal.

2) The President shall appoint the Chief Justice, on recommendation of the Constitutional Council, and other Judges of the Supreme Court, on recommendation of the Judicial Council.

3) Any person who has served as a Judge of the Supreme Court for at least three years shall be qualified for appointment as the Chief Justice.

4) The term of office of the Chief Justice shall be six years.

5) Any citizen of Nepal who has obtained a bachelor’s degree in law and served as the Chief Judge or a Judge of a High Court for at least five years or who has obtained a bachelor’s degree in law and constantly practiced law as a senior advocate or advocate for at least fifteen years or who is a distinguished jurist having constantly worked for at least fifteen years in the judicial or legal field or who has served in the post of Gazetted first class or a higher post of the Judicial Service for at least twelve years shall be deemed qualified for appointment as a Judge of the Supreme Court.

Explanation: The period during which one has served as the Chief Judge or Judge of an Appellate Court prior to the commencement of this Constitution shall, for the purposes of this clause, be deemed to be the period of service in the capacity of the Chief Judge or Judge of the High Court.

6) If the office of the Chief Justice falls vacant or the Chief Justice is unable to carry out the duties of his or her office by reason of illness or otherwise or he or she cannot be present in the Supreme Court by reason of a leave of absence or his or her being outside of Nepal, the senior-most Judge of the Supreme Court shall act as the Acting Chief Justice.