Commissions and Oversight

National Human Rights Commission

The institution safeguarding human rights protections.

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Article 246. Functions, Duties and Powers of Election Commission

(1)The Election Commission shall, subject to this Constitution and federal law, conduct, supervise, direct and control the election to the President, Vice-President, members of the Federal Parliament, members of Provincial Assemblies and members of Local Level. The Election Commission shall, for these purposes, prepare electoral rolls.
(2)The Election Commission shall hold a referendum on a matter of national importance in accordance with this Constitution and federal law www.lawcommission.gov.np
(3)In case, after nomination of candidacy for the President, Vice-President, member of the Federal Parliament, member of Provincial Assemblies or member of

Local Level has been filed but before the election results are declared, a question arises about the qualification of a candidate, the Election Commission shall decide that question.

(4)The Election Commission may so delegate any of its functions, duties and powers to the Chief Election Commissioner, Election Commissioner or any government employee as to be exercised and complied with subject to the specified conditions.
(5)Other functions, duties and powers and rules of procedure of the Election

Commission shall be as provided for in federal law.

Article 247. To provide Necessary Assistance to Election Commission

The Government of Nepal, Provincial Government and Local Government shall provide such employees and other assistance to the Election Commission as may be required to perform its functions in accordance with this Constitution. www.lawcommission.gov.np

Article 248. National Human Rights Commission

(1)There shall be a National Human Rights Commission of Nepal, consisting of a Chairperson and four other members.
(2)The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National Human Rights Commission.
(3)The term of office of the Chairperson and members of the National Human

Rights Commission shall be six years from the date of appointment.

(4)The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment.

Provided that a Member may be appointed to the office of Chairperson, and when a member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the Member.

(5)Notwithstanding anything contained in clause (3), the office of the

Chairperson or member of the National Human Rights Commission shall fall vacant in any of the following circumstances:-

(a)In case he or she tenders resignation in writing to the President;
(b)In case a motion of impeachment is adopted against him or her pursuant to Article 101;
(c)In case he or she is removed from office by the President on recommendation of the Constitutional Council on grounds of his or her inability to hold office and discharge the functions due to physical or mental illness;
(d)In case he or she dies.
(6)A person shall be eligible to be appointed as the Chairperson or a member of the National Human Rights Commission in case he or she possesses the following qualifications:- www.lawcommission.gov.np
(a)In the case of the Chairperson, one who is a retired Chief Justice or a retired Justice of Supreme Court and has rendered outstanding contribution to the protection and promotion of human rights or being a renowned person having been active for at least twenty years in and rendered outstanding contribution to the protection and promotion of human rights or to various fields of national life;
(b)In the case of a Member, one who is involved in the field of the protection and promotion of human rights or rights and interests of the child or being a renowned person having been active for at least twenty years in and rendered outstanding contribution to various fields of national life;
(c)One who has acquired a Bachelor's degree from a recognized university;
(d)One who has attained the age of forty-five years;
(e)One who is not a member of any political party at the time of appointment;
(f)One who bears high moral character.
(7)The remuneration and other conditions of service of the Chairperson and members of the National Human Rights Commission shall be as provided for in the federal law. The remuneration and conditions of service of the Chairperson and members of the National Human Rights Commission shall not, so long as they hold office, be altered to their disadvantage.

Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarrays.

(8)A person once appointed as the Chairperson or a member of the National

Human Rights Commission shall not be eligible for appointment in other government service. Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which www.lawcommission.gov.np has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.

Article 249. Functions, Duties and Powers of National Human Rights Commission

(1)It shall be the duty of the National Human Rights Commission to respect, protect and promote human rights and ensure effective enforcement thereof.
(2)For the accomplishment of the duty referred to in clause (1), the National

Human Rights Commission shall perform the following functions:

(a)To inquire, on its own initiative or on petition or complaint presented in or sent to the Commission by a victim or any person on his or her behalf or on information received by the Commission from any source, into and investigate complaints of violations of human rights of an individual or group or abetment thereof, and make recommendation for action against the perpetrators;
(b)In case any official who has the responsibility or duty to prevent violations of human rights fails to fulfil or perform his or her responsibility or duty or shows reluctance in the fulfilment or