Article 149: Appointment, qualification, remuneration, and other conditions of service of Judges of District Courts

1) The Chief Justice shall, on recommendation of the Judicial Council, appoint Judges of the District Courts.

2) The vacant posts of Judges of the District Court shall be filled as follows:

(a) Twenty percent of the vacant posts, on the basis of evaluation of seniority, qualification, and competency, from amongst the officers who have obtained a bachelor’s degree in law and served for at least three years in the post of Gazetted Second Class of the Judicial Service,

(b) Forty percent of the vacant posts, on the basis of open competitive examination, from amongst the officers who have obtained a bachelor’s degree in law and served for at least three years in the post of Gazetted Second Class of the Judicial Service,

(c) the remaining forty percent of the vacant posts, on the basis of open competitive examination, from amongst the citizens of Nepal who, having obtained bachelor’s degree in law, have constantly practiced law for at least eight years as an advocate or who, having obtained bachelor’s degree in law, have served in a Gazetted post of the Judicial Service for at least eight years or have constantly been engaged in the teaching or research of law or served in any other field of law or justice for at least eight years.

3) The Judicial Service Commission shall, in accordance with the Federal law, hold written and oral competitive examinations for the persons who have possessed the qualification under sub-clauses (b) and (c) of clause (2), and make recommendations, in order of merit, to the Judicial Council for appointment as District Judges.

4) The remuneration and other conditions of service of the Judges of the District Court shall be as provided for in the Federal law.

5) The remuneration and other conditions of service of a Judge of the District Court shall not be altered to his or her disadvantage.

Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarray.

6) The office of a Judge of the District Court shall be vacant in any of the following circumstances:

(a) If he or she tenders resignation in writing before the Chief Justice,

(b) If he or she attains the age of sixty-three years,

(c) If he or she is removed from office by the Chief Justice on recommendation of the Judicial Council, on the ground of his or her incompetence, misconduct, failure to perform his or her duties honestly, performance of business with mala fide intention, or serious violation by him or her of the code of conduct required to be observed by him or her,

(d) If he or she is removed from office by the Chief Justice on recommendation of the Judicial Council on the ground that he or she is unable to continue service and discharge his or her duties because of physical or mental illness,

(e) If he or she is punished by a court for a criminal offence involving turpitude, or

(f) If he or she dies.

7) A District Judge who is accused shall be given a reasonable opportunity to defend himself or herself before removing him or her from office under sub-clause (c) of clause (6). The District Judge against whom the proceedings are so initiated shall not perform the duties of his or her office until the proceedings are completed.

8) Nothing shall prevent the instituting of an action, in accordance with the Federal law, against a District Judge who is removed from office for an offence which he or she has committed while in office.