Judicial Council and Judicial Service Commission — who appoints and disciplines judges
Exam Snapshot
In Nepal, the administration of the judicial branch is divided between two distinct constitutional bodies: the Judicial Council (न्याय परिषद्) under Article 153, which oversees the appointment, transfer, and discipline of judges, and the Judicial Service Commission (न्याय सेवा आयोग) under Article 154, which manages the gazetted civil service officers of the federal judicial service.
Core Concept
- Judicial Council (JC): Formed under Article 153 of the Constitution. It consists of 5 members and serves as the primary body recommending the appointment, transfer, and disciplinary action (including dismissal) of judges of the Supreme Court, High Courts, and District Courts.
- Judicial Service Commission (JSC): Formed under Article 154 of the Constitution. It consists of 5 members and is responsible for recommending the appointment, promotion, transfer, and departmental action of gazetted officers of the Federal Judicial Service (such as registrars, government attorneys, and law officers).
- Removal of Judges: Supreme Court judges can only be removed through impeachment by the House of Representatives (Article 101). High Court and District Court judges are removed by the Chief Justice upon the recommendation of the Judicial Council.
Nepal Law Anchors
- Article 153: Constitution of Nepal (Composition and functions of the Judicial Council).
- Article 154: Constitution of Nepal (Composition and functions of the Judicial Service Commission).
- Judicial Council Act, 2073: Details the procedure for inquiry, investigation, and disciplinary action against judges.
- Judicial Service Commission Act, 2073: Outlines the recruitment, examinations, and promotions of judicial service officers.
Confusable Terms
| Feature | Judicial Council (न्याय परिषद्) | Judicial Service Commission (न्याय सेवा आयोग) |
|---|---|---|
| Constitutional Provision | Article 153 | Article 154 |
| Primary Mandate | Oversees Judges (Supreme, High, District Courts) | Oversees Gazetted Officers (Law, Justice, Government Attorney groups) |
| Ex-officio Members | Chief Justice, Law Minister, Senior-most SC Judge | Chief Justice, Law Minister, Senior-most SC Judge, PSC Chairman, Attorney General |
| External Appointees | One legal expert (by PM), one Senior Advocate (by NBA) | None (All are ex-officio members) |
MCQ Traps
- The Chief Justice Trap: The Judicial Council does not recommend the appointment of the Chief Justice. The Chief Justice is recommended by the Constitutional Council (Article 119/284) and appointed by the President.
- The Composition Trap: Candidates often confuse the 4th and 5th members of both bodies. The Attorney General and Public Service Commission (PSC) Chairman are members of the Judicial Service Commission, not the Judicial Council.
- The Impeachment Trap: The Judicial Council cannot dismiss a Supreme Court Judge directly; it can only conduct inquiries and recommend impeachment or record-keeping. Only the Federal Parliament can impeach a Supreme Court judge.
Example
- Scenario A: If a District Court judge is found taking a bribe, the Judicial Council initiates an inquiry and the Chief Justice dismisses them based on the Council's recommendation.
- Scenario B: If a District Government Attorney (Under-Secretary level) needs to be promoted to Joint Attorney General, the Judicial Service Commission conducts the promotion evaluation and makes the recommendation.
Memory Hook
JC is for Judges (Council controls the Bench). JSC is for Staff (Commission controls the Service officers/civil servants).
Quick Revision
- Both JC and JSC are chaired by the Chief Justice.
- Both have 5 members in total.
- Three ex-officio members are common to both: Chief Justice, Federal Minister for Law and Justice, and the Senior-most Judge of the Supreme Court.
- The Judicial Council has external members (legal expert and bar representative); the Judicial Service Commission has internal institutional heads (PSC Chair and Attorney General).
- Only the Federal Parliament can remove a Supreme Court Judge via Article 101 (Impeachment).