Constitutional Council (Nepal)

Under Article 284 of the Constitution of Nepal, 2015, the Constitutional Council is mandated to play a central role in the recommendation and facilitation of appointments to key constitutional offices, including the Chief Justice of Nepal and the heads and officials of constitutional bodies.

In carrying out its function of recommending the appointment of the Chief Justice, the Council includes the Minister for Law and Justice as a member, ensuring representation from the executive branch in the selection process.

The Council is constitutionally required to make such recommendations at least one month prior to the expected vacancy of the office, thereby ensuring continuity and avoiding institutional gaps. In circumstances where a vacancy arises unexpectedly due to events such as death or resignation, the Council is obligated to initiate the recommendation process in a manner that ensures the position is filled within one month of the vacancy occurring.

The Constitution further provides that the detailed functions, powers, duties, and procedural arrangements for appointments to the Chief Justice and other constitutional offices shall be regulated by federal law. The functioning of the council is governed by the Constitutional Council (Functions, Duties, Powers and Procedures) Act.

Additionally, the administrative functioning of the Council is supported by the Chief Secretary of the Government of Nepal, who serves as its secretary, thereby facilitating coordination and record-keeping of its proceedings.