Article 248 Part 25 •Part 25 – National Human Rights Commission

Article 248 – National Human Rights Commission

(1)

There shall be a National Human Rights Commission in Nepal consisting of the following Chairperson and four other members:

(2)

The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and the Members of the National Human Rights Commission.

(3)

The term of office of the Chairperson and Members of the National Human Rights Commission shall be six years from the date of appointment.

(4)

The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.

(5)

Notwithstanding anything contained in Clause (3), the office of the Chairperson or the Members of the National Human Rights Commission shall be deemed vacant in the following circumstances:

(a)
if she/he submits a written resignation to the President,
(b)
if a resolution of impeachment is passed against her/him as per Article 101,
(c)
If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
(d)
if he or she dies.

(6)

Any person who possesses the following qualifications is eligible to be appointed as the Chairperson or a member of the National Human Rights Commission :-

(a)
for the position of Chairperson, a person from among the retired Chief Justices or Judges of the Supreme Court who has made an outstanding contribution to the protection and promotion of human rights, or a person who holds a high reputation and has rendered an outstanding contribution in the field of protection and promotion of human rights or various sections of national life for at least twenty years,
(b)
for the position of members, persons from among the persons who hold high reputation and have been actively involved in the field of, and rendered an outstanding contribution to, the protection and promotion of human rights or children rights, or various sections of national life for at least twenty years,
(c)
holds a Bachelor's Degree from a recognized university,
(d)
has attained the age of forty five,
(e)
is not a member of any political party immediately before the appointment, and
(f)
possesses high moral character.

(7)

The remuneration and other conditions of service of the Chairperson and the Members of the National Human Rights Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the Members of the National Human Rights Commission shall not, so long as they hold office, be altered to their disadvantage.

Provided that, this provision shall not apply in the case of declaration of a State of Emergency due to extreme economic breakdown.

(8)

A person who has been the Chairperson or a Member of the National Human Rights Commission shall not be eligible for appointment in any other government service.

Provided that, nothing in this Clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.

Article 248 – National Human Rights Commission

Related Provisions & Cross-References

Article 101 – Impeachment

Article 238 – Commission for the Investigation of Abuse of Authority

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

Article 240 – Auditor General