Article 248: National Human Rights Commission

1) There shall be a National Human Rights Commission of Nepal, consisting of a Chairperson and four other members.

2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members.

3) The term of office of the Chairperson and members of the National Human Rights Commission shall be six years from the date of appointment.

4) The Chairperson and members appointed under clause (2) shall not be eligible for reappointment.

Provided that a Member may be appointed to the office of Chairperson, and when a member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the Member.

5) Notwithstanding anything contained in clause (3), the office of the Chairperson or a member of the National Human Rights Commission shall be vacant in any of the following circumstances:

(a) If he or she tenders resignation in writing to the President,

(b) If a motion of impeachment is passed against him or her under Article 101,

(c) If he or she is removed from office by the President on recommendation of the Constitutional Council on grounds of his or her inability to hold office and discharge the functions due to physical or mental illness,

(d) If he or she dies.

6) A person shall be eligible to be appointed as the Chairperson or a member of the National Human Rights Commission if he or she possesses the following qualifications:

(a) In the case of the Chairperson, being a retired Chief Justice or retired Judge of the Supreme Court and having rendered outstanding contribution to the protection and promotion of human rights, or being a renowned person having been active for at least twenty years in and rendered outstanding contribution to the protection and promotion of human rights or to various fields of national life,

(b) In the case of a member, being a person involved in the field of the protection and promotion of human rights or rights and interests of the child, or being a renowned person having been active for at least twenty years and rendered outstanding contributions to various fields of national life,

(c) Holding a bachelor’s degree from a recognized university,

(d) Having attained the age of forty-five years,

(e) Not being a member of any political party at the time of appointment,

(f) Being of high moral character.

7) The remuneration and other conditions of service of the Chairperson and members of the National Human Rights Commission shall be as provided for in the Federal law. The remuneration and conditions of service of the Chairperson and members of the National Human Rights Commission shall not, so long as they hold office, be altered to their disadvantage. Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarray.

8) A person once appointed as the Chairperson or a member of the National Human Rights Commission shall not be eligible for appointment in any other government service.

Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.