ATTRONEY
GENERAL
Attorney
General
|
|
Attorney General Mr. Raghab Lal Vaidya |
|
is
the chief legal advisor of Government of Nepal and
chief public prosecutor of Nepal. The
Interim Constitution
of Nepal, 2063 (part 16) describes Attorney General
as one of the constitutional body. The provisions
of the Constitution and other legislative enactments
shall govern the appointment, power, function, and
extra jurisdictional status of Attorney General of
Nepal.
Appointment of Attorney General
According
to the constitutional provision, there shall be an
Attorney General of Nepal to be appointed by the Prime
Minister. No person shall be eligible for the post
of Attorney General unless he/she is qualified to
be appointed as a judge of the Supreme Court as Article
134 Sub-article (2) of the Constitution describe.
As Attorney General is an appointee of Prime Minister,
the appointment seems more political than academic
though in practice there are highly academic and experienced
persons being appointed in the post of Attorney General.
Attorney General is responsible towards Prime Minister
for any job he has performed.
Appointment of Public Prosecutors/Government Attorneys
There are total 242 Public Prosecutors/Government
Attorneys in different status working throughout the
country. Under the broad Judicial Service Category
of Employees, a sub-group of Government Attorneys
has been classified under Judicial Service. Fresh
law graduates can sit for the competitive examination
conducted by Public Service Commission every year.
On the recommendation of the Public Service Commission,
the Government appoints the successful candidates
for the post of Assistant District Government Attorneys
(Gazated Third-Class). The post of Public Prosecutor/Government
Attorney is a cadre-based job in the Judicial Service.
The cadre is promoted on the basis of file promotion
after a certain time he/she spent in the same post.
There are four categories of cadre based Public Prosecutor/Government
Attorney under Attorney General. As:
1.Acting Deputy Attorney General, (Secretary Level, Special Class)
2.Joint Government Attorneys,
(Gazated First-Class)
3.Deputy Government Attorneys/District
Government Attorneys, (Gazated Second-Class)
4.Assistant District
Government Attorneys, (Gazated Third-Class)
After
their appointment, they come under the purview of
the Judicial Service Commission (JSC) for their posting,
transfer and promotion within the organization. JSC
is a high level constitutional body headed by Chief
Justice, Chairman of the Public Service Commission
and the Attorney General as its member. Thus except
the Attorney General all other Public Prosecutors/Government
Attorneys including the four Deputy Attorneys General
are career civil servants. During their service career,
they require to undergo Pre-service and In-service
training.
|
|
1. Article
134 sub-article (2) of the Interium Constitution of
Nepal 2063 describes about
the procedure for the appointment of Attorney General
of Nepal.
2. Article 134 sub-article (2) of the Interium Constitution
of Nepal: Part 10 of the Interium Constitution of
Nepal describes about Judiciary. Article 103 of the
same part of the Constitution spells about the procedure
for appointment, qualification and conditions for
service of the Chief Justice and other Justice of
the Supreme Court. The person who has worked at least
three years, as a Supreme Court Justice and still
working is eligible to be appointed as Chief Justice
of Nepal. Similarly the person who has worked at least
seven years as Appellate Court Justice or worked in
a similar status in the Judicial Service or worked
at least fifteen years as a graduate advocate or Senior
Advocate or has twelve years work experience in the
field of Justice and law as a reputed jurist is eligible
for Supreme Court Justice.
3. Article 114 of the Interium Constitution of Nepal
has made provisions for Judicial Service Commission
for the purpose of appointment, transfer, promotion
and any department actions to the employee of Judicial
Service.
|
