⏱ 3 min read
Some smaller provisions of the Constitution are asked often in Lok Sewa: who the Attorney General is and what he or she does, who sits on the Constitutional Council, and how a state of emergency is declared and approved. This note explains these three topics clearly.
1. Attorney General
- The Attorney General is provided in Article 157 of the Constitution.
- Appointed by the President on the recommendation of the Prime Minister.
- Must be qualified to be a Supreme Court judge.
- The Attorney General’s term ends when the Prime Minister leaves office, or earlier if removed or resigns.
- Functions: chief legal adviser to the Government of Nepal; represents the government in cases; decides whether to file government criminal cases; monitors the treatment of people in custody and the implementation of court orders.
- Each province has a Chief Attorney (Mukhya Nyayadhibakta) under Article 158, appointed by the Province Chief on the Chief Minister’s recommendation.
2. Constitutional Council
- The Constitutional Council is provided in Article 284.
- It recommends appointments of the Chief Justice and the chiefs and members of constitutional bodies (such as CIAA, Election Commission, PSC, NHRC and the Auditor General).
| Position in the Council | Holder |
|---|---|
| Chairperson | Prime Minister |
| Member | Chief Justice |
| Member | Speaker of the House of Representatives |
| Member | Chairperson of the National Assembly |
| Member | Leader of the main opposition party in the House of Representatives |
| Member | Deputy Speaker of the House of Representatives |
When the Council recommends the Chief Justice, the Minister of Law and Justice also takes part as a member. Appointments made on its recommendation require a parliamentary hearing.
3. State of emergency (Article 273)
- The President may declare a state of emergency on the recommendation of the Council of Ministers.
- Grounds: a serious threat to the sovereignty, integrity or security of Nepal from war, external aggression, armed rebellion, extreme economic disorder, natural disaster or epidemic.
- The declaration must be presented to the House of Representatives within one month.
- It continues for three months if approved by a two-thirds majority of members present; it can be extended once by another three months in the same way.
- During an emergency, some fundamental rights may be suspended, but not core rights such as the right to constitutional remedy for habeas corpus and the right against torture.
📌 Key points to remember
- Attorney General: Article 157; appointed by the President on the PM’s recommendation.
- Qualification: same as a Supreme Court judge; term ends with the PM’s term.
- Chief legal adviser to the government; files government criminal cases.
- Chief Attorney of a province: Article 158.
- Constitutional Council: Article 284; chaired by the Prime Minister.
- Members: Chief Justice, Speaker, NA Chairperson, opposition leader, Deputy Speaker.
- Emergency: Article 273; declared by the President on the cabinet’s recommendation.
- Must be approved by the House within one month by two-thirds of members present; lasts 3 months, extendable once by 3 months.
📝 Quiz
Test yourself: Attorney General, Constitutional Council and State of Emergency in the Constitution of Nepal
20 questions on Attorney General, Constitutional Council and State of emergency (Article 273).
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