Article 300
Part 33
•Part 33 – Transitional Provisions
Article 300 – Provision relating to the Judiciary
(1)
The Supreme Court, Constituent Assembly Court, Appellate Court, and District Courts subsisting at the time of the commencement of this constitution shall continue until the structure of the judiciary is constituted under this constitution. And this constitution shall not be meant to hinder the making of the decision by the concerned courts on cases filed prior to and after the commencement of this Constitution.
(2)
The Chief Justice and Justices of the Supreme Court, Chief Judge and Judges of the Appellate courts and Judges of District courts shall be deemed to have been appointed under this Constitution.
(3)
Within a year of the commencement of this constitution, High Courts as per Article 139 shall be established as per Federal law. After their establishment, the Appellate Courts subsisting at the time of the commencement of this constitution shall be dissolved.
(4)
After the High Courts are formed as per clause (3), the cases under consideration in the Appellate Courts shall be transferred to the High Courts by the government of Nepal with the consent of Judicial Council and by publishing notice to that effect in the Nepal Gazette.
(5)
After the High Courts are formed as per clause (3), the Chief Justice shall, with the recommendation of the Judicial Council, transfer the Chief Judge and Judges of the Appellate Courts as the chief judge and judges of the High Courts
(6)
The additional judges engaged at Appellate Courts during the commencement of this constitution, shall continue to remain in their offices till the term specified during their appointment.
(7)
The criminal cases, that demand more than a year of imprisonment, lying sub-judice at other bodies except the courts, shall be transferred to the District Courts of the respective districts after the commencement of this Constitution.