Article 239 Part 21 – Commission for the Investigation of Abuse of Authority

Article 239 – Functions, duties and powers of the Commission for the Investigation of Abuse of Authority

(1)

The Commission for Investigation of Abuse of Authority may, in accordance with the law, conduct or cause to be conducted investigations of corruption by a person holding any public office.

Provided that, this Clause shall not be applicable to any official in relation to whom this Constitution itself separately provides for such action, and to any officials with regard to whom other law has separately made special provision.

(2)

Any investigation may be conducted or caused to be conducted, against any official of a Constitutional Body removed from their office following an impeachment resolution on the ground of misbehavior as per Article 101, any Judge removed by the Judicial Council, or any person proceeded against under the Army Act after they are removed from office, in accordance with Federal law.

(3)

If the Commission for the Investigation of Abuse of Authority finds, upon investigation carried out pursuant to Clause (1) and (2), that a person holding any public office has committed an act which is defined by law as corrupt, it may lodge or caused to be lodged a case against such person or any other person involved therein in a court with jurisdiction, in accordance with the law.

(4)

If the Commission for the Investigation of Abuse of Authority finds, upon investigation carried out pursuant to Clause (1) and (2), that the nature of the work to be carried out by the person holding any public office falls under the jurisdiction of another authority or body, it may forward a recommendation to authority or body concerned in writing for necessary action.

(5)

The Commission for the Investigation of Abuse of Authority may delegate any of its functions, duties and powers relating to the investigation or lodging of cases, to the Chief Commissioner, Commissioner or any officer-level employee of the Government of Nepal to be exercised and followed in compliance with the conditions specified.

(6)

Subject to this Constitution, other function, duties, powers and procedures of the Commission for the Investigation of Abuse of Authority shall be as determined by Federal law.

Legal Insights & Jurisprudence

Constitutional Analysis & Interpretation

Constitutional Domain: Commission for the Investigation of Abuse of Authority Core Doctrine: Anti-Corruption, Administrative Integrity & Accountability of Public Office Rule of Law & Statutory Compliance

1. Doctrinal Concept & Legal Meaning

Article 239 operates as an integral component of Commission for the Investigation of Abuse of Authority within the constitutional architecture of Nepal. This provision sets forth precise normative standards and operational boundaries governing Article 239 – Functions, duties and powers of the Commission for the Investigation of Abuse of Authority. Under constitutional jurisprudence, the terms of this article ensure that all exercising state authority remain subject to defined legal procedures, mitigating administrative arbitrariness and reinforcing the supremacy of the Constitution. From a doctrinal perspective, the rights and obligations codified here are grounded in Anti-Corruption, Administrative Integrity & Accountability of Public Office. The article structures executive and administrative authority, harmonizing federal democratic norms with practical statecraft. It establishes clear guidelines for implementation, mandating that enabling legislation and institutional actions conform to the overarching ethos of the 2015 Constitution.

2. Purpose & Constitutional Significance

The primary constitutional intent behind Article 239 is to Investigate corruption and abuse of authority by public officials and prosecute before the Special Court. Prior to the promulgation of the 2015 Constitution, regulatory ambiguity frequently led to jurisdictional friction and discretionary overreach. By detailing these provisions within the permanent text of the Constitution, the Constituent Assembly insulated these governance standards against political vicissitudes, fostering institutional durability and democratic predictability.

3. Judicial Precedents & Court Practice

In judicial practice, the Supreme Court of Nepal frequently examines provisions related to Commission for the Investigation of Abuse of Authority when adjudicating public law challenges, writ petitions, and constitutional interpretation matters. The courts emphasize that Special Court and Supreme Court balance rigorous anti-corruption enforcement with procedural due process. Any administrative order, discretionary directive, or subordinate legislation in contravention of this article remains vulnerable to judicial scrutiny and nullification under Articles 133 and 137.

4. Related Constitutional & Legal Provisions

CIAA Act, 1991
Prevention of Corruption Act, 2002
Special Court Act, 2002
Constitution of Nepal, Article 239
Judicial Administration Act, 2016