Attorney General

ARTICLE 109. Appointment of Attorney-General:
(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:

  1. if he dies; or
  2. if his resignation submitted to His Majesty in writing is accepted by Him; or
  3. 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.

ARTICLE 110. Functions. Duties and Powers of the Attorney-General:
(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.

ARTICLE 111. Right to Appear in Parliament:
The Attorney-General shall have the right to appear and express his opinion on any legal question in either House, any of their committees or the Joint Session of Parliament:

Provided that he shall not have the right to vote.