(1) There
shall be an Attorney-General of the Kingdom of Nepal to be appointed
by His Majesty on the recommendation of the Prime Minister. The Attorney-General
shall hold office during the pleasure of His Majesty.
(2) No
person shall be eligible to appointment as Attorney-General unless
he is qualified to be appointed as a Judge of the Supreme court.
( 3 )
The office of the Attorney-General shall be deemed vacant under the
following circumstances:
- if
he dies; or
- if
his resignation submitted to His Majesty in writing is accepted
by Him; or
- if
he is relieved of his office by His Majesty on the recommendation
of the Prime Minister.
(4) The
remuneration and other conditions of service of the Attorney-General
shall be as determined by law.
(I) The
Attorney-General shall be the Chief Legal Advisor to His Majesty's
Government. It shall be the duty of the Attorney-General to give opinions
and advice on constitutional and legal matters to His Majesty's Government
and such other authorities as His Majesty's Government may specify.
(2) The
Attorney-General or officers subordinate to him shall represent His
Majesty's Government in suits wherein the rights, interests or concerns
of His Majesty's Government are involved. The Attorney-General shall
have the right to make the final decision as to whether or not to
initiate proceedings in any case on behalf of His Majesty's Government
in any court or judicial authority.
( 3 )
In addition to the functions, duties and powers referred to in clauses
(1) and (2), other functions, duties and powers of the Attorney-General
shall be as specified in this Constitution or other laws.
(4) In
the course of discharging his official duties, the Attorney-General
shall have the right to appear in any court, office or authority of
the Kingdom of Nepal.
( 5 )
The Attorney-General may delegate his functions, duties and powers
under this Article to his subordinates, to be exercised and complied
with subject to the specified conditions.
( 6 )
Each year, the Attorney-General shall submit an annual report to His
Majesty's Government on the works performed by him in accordance with
this Constitution and other laws, including a statement about crimes
committed in the Kingdom of Nepal and His Majesty's Government shall
cause the report to be laid before Parliament.
