www.lawcommission.gov.np (2) One fourth of the total number of the then members of the House of Representatives may move a motion of impeachment against the Chief Justice of Nepal or a Justice of Supreme Court, member of the Judicial Council, chief or official of a Constitutional Body on the ground of his or her failure to fulfil his or her duties of the office because of serious violation of this Constitution and law, incompetence or misconduct or failure to discharge the duties of the office honestly or serious violation of the code of conduct. In case the motion is adopted by at least two thirds majority of the total number of the then members of the House of Representatives, the concerned person shall be relieved of his or her office. (3) There shall be an impeachment recommendation committee in the House of Representatives for the purpose of making recommendation after inquiring into whether or not there exists ground and reason for moving a motion of impeachment against any person referred to in clause (2). (4) The committee referred to in clause (3) shall consist of eleven members of the House of Representatives. (5) In case at least three members of the House of Representatives certify and submit that the received information, notice or complaint is admissible on the ground of serious violation of the Constitution or incompetence or misconduct or failure to discharge the duties of office honestly or serious violation of the code of conduct by the person relieving of office on impeachment pursuant to clause (2), and the committee referred to in clause (3) makes recommendation, upon inquiring into such complaint in accordance with federal law, to the House of Representatives for impeachment proceedings, a motion of impeachment may be moved pursuant to clause (2). (6) After the commencement of impeachment proceedings pursuant to clause (2), the Chief Justice of Nepal or the Justice of Supreme Court, the member of the Judicial Council, the chief or official of the Constitutional Body shall not be allowed to discharge the duties of his or her office pending the settlement of such proceedings. (7) A person who is charged with impeachment pursuant to clause (1) or (2) shall be provided with a reasonable opportunity to defend himself or herself. (8) Nothing shall bar the taking of action under the federal law in relation to the offence, if any, committed while in office by the President or Vice-President, the 55