Prologue (Nepal Law Commission Act 2063)

Nepal Law Commission is the Chief Statutory Body which reviews and recommends reforms when required and needed for Nepalese Law. Nepal Law Commission Act was enacted for the establishment and management of the Nepal Law Commission.

Its major Functions are concerned with drafting and codification of law, amendment, unification, and review of prevailing laws, and conducting study cum research on the Law and Justice of Nepal.

The Act was authenticated on 30th Poush 2063 B.S. through the House of Representatives.

Constitution of Nepal Law Commission

Section 4 of the Nepal Law Commission Act has provisioned for the Constitution of the Commission. It can consist of a total of Nine Members including the Chairperson, Vice-Chairperson, and seven members.

Chairperson

The Commission which consists of a chairperson must have served as the Justice of the Supreme Court.

Vice Chairperson

The Vice-Chairperson of the Commission must be a discharged gazetted Special Class Officer of Nepal Judicial Service or a person who has worked as a law practitioner in the capacity of Senior Advocate or Advocate for at least Fifteen years.

It may include a person who has gained experience in teaching, research, drafting, or law or in the sector of law or justice for at least fifteen years.

Other Members

Three out of the Eight Members must be nominated by the Government of Nepal with qualifications similar to that of a Vice Chairperson. It must consist of at least one woman.

Secretary of the Ministry of Law, Justice and Parliamentary Affairs is also a member of the Commission along with the Law Secretary of the Office of Prime Minister and Council of Ministers.

Moreover, a Deputy Attorney General is also required to be a member of the Commission with a Secretary Member.

Committee

For the position of Chairperson, Vice-Chairperson, and Members, a Recommendation Committee is also constituted which consists of the Coordinator of MOLJPA, Chairperson of HORLJPA, and Chairperson of Nepal Bar Association.

Criteria and Tenure

The Following Qualification must be met for the appointment or nomination to the post of the Nepal Law Commission:

  1. Must be a Nepalese Citizen
  2. Must have completed forty-five years of age
  3. Must have obtained a bachelor’s degree in Law from a recognized University
  4. Must have a sound mind
  5. Must not have been convicted on Criminal Offence of Moral Turpitude

The Tenure of the Chairperson and Vice Chairperson of Nepal Law Commission is Five Years whereas it is two years for a member.

The Post of Members can be vacant if:

  1. Submission of Resignation
  2. Expiry of Tenure
  3. Death
  4. Non-compliance with the above-listed criteria

Functions of Nepal Law Commission

The Functions of the Law Commission of Nepal are as follows:

  • The Commission must research new laws, and bring amendments to existing laws and legal issues.
  • The Commission is responsible for drafting and presenting law codification proposals to the Government of Nepal.
  • It must review existing laws and offer recommendations to the Government of Nepal for relevant changes.
  • When required, the Commission submits draft laws along with explanatory notes for new enactments or amendments to existing laws.
  • The Commission examines outdated, conflicting, unequal, discriminatory, and human rights-violating laws and suggests either repeal, amendment, or review to the Government of Nepal.
  • The Commission advises the government on incorporating international treaty covenants into existing laws as needed.
  • In the process of law enactment, the Commission collects public opinions, views, and suggestions as required.
  • The Commission may host events such as symposia, seminars, and discussions during the law drafting and reform process.
  • The Commission exchanges information and knowledge with law commissions and drafting agencies in other countries as needed.
  • The Commission assesses whether existing laws align with Supreme Court principles and submits proposals to the Government of Nepal for promulgation, repeal, or review as necessary.
  • The Commission is responsible for creating its annual work plans.
  • The Commission carries out other functions related to law and justice as mandated by the Government of Nepal or as deemed necessary by the Commission itself.

Functions

Chairperson

  1. The chairperson must act as a full-time Official
  2. Conduct business of the Commission through Coordination
  3. Accomplish Functions of the Commission as its chairperson
  4. Accomplish Functions as prescribed by the Government of Nepal

Vice-Chairperson

  1. Vice-Chairperson must act as Full Time Official
  2. Discharge function relating to the Commission as its Vice Chairperson
  3. Discharge the duty of post of chairperson in the situation of leave, absence, or deputation of Chairperson
  4. Discharge functions as prescribed by the Chairperson

Epilogue

Nepal Law Commission Act 2063 laid the fundamental legislative mechanism for the re-establishment of Nepal Law Commission which created a body dedicated to Law and Justice.

It complements the Interpretation of Law Act 2010 and the Constitution of Nepal 2072.

It consists of Eight Members including the Chairperson, Vice Chairperson, and six others. The Act has further outlined the Administrative Aspects of the Commission such as the remuneration of the Members of the Commission, management of expenditure, power to frame rules, etc.

Cite

Pokhrel, Aupson. “Nepal Law Commission Act 2063 – the #1 Encyclopedia of Nepali History.” Encyclopedia of Nepali History, 14 Oct. 2023, itihasaa.com/acts/nepal-law-commission-act-2063.