ATTRONEY GENERAL

Power and Functions

There are two categories of power and function Attorney General has to perform that are following as:

1. Power and function established by the Constitution of Nepal

a) Attorney General is the Chief Legal Advisor of the Government of Nepal, his duty is to give opinions and advice on constitutional and legal matters to Government of Nepal and such other authorities as the Government may specify.

b) As a Chief Public Prosecutor, Attorney General has right to make the final decision as to whether or not to initiate proceedings in any case on behalf of the government in any court or judicial authority.

c) The Attorney General should represent and defend the Government and the State in any suits or cases before Supreme Court wherein the rights, interests or concerns of the State or the Government are involved.

d) In the course of discharging his official duties, the Attorney General shall have the right to appear in any court, office or authority of Nepal.

e) He may delegate his functions, duties and power as conferred by the constitution to subordinates, to be exercised as prescribed by the law.

f) Each year the Attorney General submits an Annual Report to Government of Nepal on the works performed by him in accordance with the constitution and other laws, including a statement about crimes committed in Nepal. The Government shall cause the Report to be laid before the Parliament.

g) The Attorney General has the right to appear and express his opinion on any legal question in either House, any of their committees or the joint session of the Parliament.

h) Rt. Hon. Attorney general of Nepal is one of the members of National Civil Aviation Security Committee headed by Hon. Ministry of Tourism under the Civil Aviation Security (Management) Rules, 2046. The Committee has been constituted for the purpose of making Civil Aviations total secured and safe.

2. Power and function established by some legislative enactments

a. Member of the Judicial Service Commission.
b. President of Nepal Bar Council.
c. Member of the Central Legal Aid committee.
d. Member of the Co-ordination committee of Judicial Council.
e. Chairman of the Co-ordination committee under Public Prosecutions Act 1993.