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129.
Appointment and Qualification of Chief Justice of Nepal and Justices of Supreme
Court: (1) The Supreme Court shall consist of a maximum of twenty Justices, in
addition to the Chief Justice of Nepal.
(2) The President shall appoint the Chief Justice on recommendation of the
Constitutional Council and other Justices of the Supreme Court on recommendation
of the Judicial Council.
(3) Any person who has served as a Justice of the Supreme Court for at least
three years shall be eligible for appointment as the Chief Justice.
(4) The term of office of the Chief Justice shall be six years.
(5) Any citizen of Nepal who has obtained a bachelor's degree in law and
served as the Chief Judge or a Judge of a High Court for at least five years or who has
obtained a bachelor's degree in law and constantly practised law as a senior advocate
or advocate for at least fifteen years or who is a distinguished jurist having constantly
worked for at least fifteen years in the judicial or legal field or who has served in the
post of Gazetted first class or a higher post of the Judicial Service for at least twelve
years shall be deemed to be eligible for appointment as a Justice of the Supreme
Court.
Explanation: The period during which one has served as the Chief Judge or Judge of
an Appellate Court prior to the commencement of this Constitution shall, for the
purposes of this clause, be deemed to be the period of service in the capacity of the
Chief Judge or Judge of the High Court.
(6) In case the office of the Chief Justice falls vacant or the Chief Justice is
unable to carry out the duties of his or her office by reason of illness or otherwise or
he or she cannot be present in the Supreme Court by reason of a leave of absence or
his or her being outside of Nepal, the senior-most Justice of Supreme Court shall act
as the Acting Chief Justice.
130.
Conditions of Service and Facilities of Chief Justice and Justices: (1) In case the Chief
Justice or a Justice of the Supreme Court who has served for at least five years resigns
or undergoes compulsory retirement or dies, he or she shall be entitled to such pension
as may be provided for in the federal law.
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