Attorney General of Nepal — Articles 157–160 explained
Exam Snapshot
Part 12 of the Constitution of Nepal (Articles 157–160) establishes the office of the Attorney General as the chief legal advisor to the Government of Nepal. For the LLB and Judicial exams, you must master their dual role: acting as the primary legal advisor to the federal government and holding the ultimate, centralized authority over criminal prosecution on behalf of the state.
Core Concept
The Attorney General (AG) represents the legal interests of the federal government, enjoying both advisory duties and prosecutorial discretion.
- Appointment (Article 157): Appointed by the President of Nepal upon the recommendation of the Prime Minister. Unlike other constitutional bodies, the AG does not have a fixed tenure and serves during the pleasure of the Prime Minister.
- Qualifications: Must be qualified to be appointed as a Judge of the Supreme Court (e.g., worked as an advocate for at least 15 years, served as a High Court judge for 5 years, or served as a gazetted first-class officer in the judicial service for 12 years).
- Prosecutorial Discretion (Article 158): The AG has the final authority to decide whether or not to initiate prosecution in cases where the Government of Nepal is the plaintiff (वादी). This authority is absolute, except where otherwise provided by the Constitution or separate statutes.
- Right of Audience: The AG has the right of audience (उपस्थिति हुने र बहस पैरवी गर्ने अधिकार) in all courts, judicial bodies, and administrative authorities across Nepal.
Nepal Law Anchors
- Article 157: Appointment, qualifications, terms, and conditions of service of the Attorney General.
- Article 158: Detailed functions, duties, and powers, including legal advice to the government, constitutional litigation representation, and annual reporting.
- Article 159: Submission of the Annual Report to the President, which is then presented to the Federal Parliament through the Prime Minister.
- Article 160: Provisions regarding the Chief Attorney of the Provinces, including their appointment by the Governor (प्रदेश प्रमुख) on the recommendation of the Chief Minister (मुख्यमन्त्री).
Confusable Terms
| Feature | Attorney General (Article 157) | Chief Attorney (Article 160) |
|---|---|---|
| Level | Federal level (Government of Nepal) | Provincial level (Province Government) |
| Appointing Authority | President on recommendation of the Prime Minister | Governor on recommendation of the Chief Minister |
| Tenure | Serves during the pleasure of the Prime Minister | Serves during the pleasure of the Chief Minister |
| Under Supervision | Independent, reports directly to the President | Works under the general guidance of the Attorney General |
MCQ Traps
- The Tenure Trap: MCQs often ask if the Attorney General has a fixed term of 6 years like other constitutional commission members. Correction: The AG does not have a fixed term. They serve "during the pleasure of the Prime Minister" (प्रधानमन्त्रीको इच्छा अनुसार).
- The Prosecution Trap: Question papers may ask who has the final say on initiating a criminal prosecution on behalf of the state. Options will include "Ministry of Home Affairs", "District Police", or "Attorney General". Correction: The Attorney General (or subordinate government attorneys authorized by them) holds the ultimate constitutional power under Article 158(2).
- The Appointment of Chief Attorney Trap: Beware of questions asking if the Attorney General appoints the Provincial Chief Attorney. Correction: The Chief Attorney is appointed by the Governor of the respective province, upon the recommendation of the Chief Minister.
Example
In high-profile criminal cases like state-impleaded homicides or financial frauds, while the initial investigation is conducted by the Police, the formal dossier is sent to the Government Attorney (working under the organizational hierarchy of the AG). The final authority to decide whether to file a charge sheet (अभियोगपत्र) in court or decline prosecution rests solely within the power delegated by the Attorney General under Article 158.
Memory Hook
"AG's Triple-P Formula": Person recommended by the Prime Minister, who serves at the Pleasure of the Prime Minister, to control all Prosecutions.
Quick Revision
- Chief Legal Advisor: Actively advises the federal government on complex constitutional and statutory matters.
- Supreme Court Qualifications: Requirements to become AG mirror those of a Supreme Court Judge.
- Annual Report: Submitted to the President annually, who sends it to the Federal Parliament.
- Delegation of Power: The AG can delegate constitutional duties to subordinate government attorneys (सरकारी वकील).
- Representative Role: Represents the state in all domestic litigation, and is immune from being sued for opinions given in their official capacity.