www.lawcommission.gov.np
Part-12
Attorney General
157.
Attorney General: (1) There shall be an Attorney General of Nepal.
(2) The President shall, on recommendation of the Prime Minister, appoint the
Attorney General. The Attorney General shall hold his or her office during the
pleasure of the Prime Minister.
(3) A person who is eligible
to be appointed as a Justice of the Supreme
Court shall be eligible to be appointed as the Attorney General.
(4) The office of the Attorney General shall fall vacant in any of the following
circumstances:
(a)
In case he or she tenders resignation in writing to the President
through the Prime Minister;
(b)
In case he or she is relieved of the office by the President on
recommendation of the Prime Minister;
(c)
In case he or she dies.
(5) The remuneration and other facilities of the Attorney General shall be
similar to those of a Justice of Supreme Court. Other conditions of service of the
Attorney General shall be in accordance with law.
158.
Functions, Duties and Powers of Attorney General: (1) The Attorney General shall be
the chief legal advisor to the Government of Nepal. It shall be the duty of the
Attorney General to give opinions and advices on constitutional and legal matters to
the Government of Nepal and such other authorities as the Government of Nepal may
specify.
(2) The Attorney General or government attorneys subordinate to him or her
shall represent the Government of Nepal in lawsuits wherein the rights, interests or
concerns of the Government of Nepal are involved. Except as provided otherwise in
this Constitution, the Attorney General shall have the right to make a final decision as
to whether or not to institute any case on behalf of the Government of Nepal in any
court, judicial institution or authority.
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