Skip to content

Nyayapalika

Since 2020

Judicial service

Entering Nepal’s judicial service: who sets the exams, and who appoints and promotes

The Public Service Commission runs open examinations for judicial service officers, while the Judicial Service Commission advises on transfers and promotions. How Article 154 divides the work.

A historic building in the Babarmahal complex, Kathmandu.
Babarmahal, Kathmandu (representative image). Representative image: Sundar1 / Wikimedia Commons / CC BY-SA 3.0
In this article
  1. What the Judicial Service Commission is
  2. Open examinations: the Public Service Commission
  3. Judges are not judicial service officers
  4. In brief
  5. Sources

This article is general information, not legal advice for any person or case. Consult a lawyer before acting on your own matter.

Beyond the judges who write judgments, Nepal’s justice system depends on registrars, court administrators (srestedar), bench officers, government attorneys and law officers in the Ministry of Law. These posts belong to the Nepal Judicial Service. Understanding how people enter it means understanding the roles of two separate commissions.

What the Judicial Service Commission is

Article 154 of the Constitution establishes the Judicial Service Commission. It is chaired by the Chief Justice. Its members are the federal Minister for Law and Justice, the senior-most justice of the Supreme Court, the Chairperson of the Public Service Commission and the Attorney General.

Appointments, transfers, promotions and departmental action for gazetted posts in the federal judicial service are made by the Government of Nepal, in accordance with law, in consultation with the Judicial Service Commission. For example, on 15 September (30 Bhadau 2083 BS) the commission recommended two Supreme Court registrars and a Secretary of the Judicial Council.

Open examinations: the Public Service Commission

A proviso to Article 154 requires the recommendation of the Public Service Commission in two situations: permanent appointments made by open competition from outside the service, and promotions from non-gazetted to gazetted posts. According to the explanation in the Constitution, the open and internal competitive examinations for such posts are conducted by the Public Service Commission.

So open advertisements for judicial service posts at section officer or under-secretary level are issued by the Public Service Commission, which also holds the examination and makes the final recommendation. Its notices list the judicial, law and government attorney groups of the judicial service separately, and each has its own syllabus. A candidate therefore applies to a specific group, not to the judicial service as a whole. The commission recently published written results and held interviews for under-secretary posts in the law and government attorney groups.

Judges are not judicial service officers

District and High Court judges are not members of the judicial service. Their appointment, transfer and discipline are on the recommendation of the Judicial Council under Article 153. But judicial service officers who meet the qualifications may compete for district judge posts. On 15 September, for instance, the Judicial Council recommended the Supreme Court registrar for the High Court and a Supreme Court bench officer as a district judge.

In brief

  • Entry to the judicial service by open competition: examination and recommendation by the Public Service Commission
  • Promotion from non-gazetted to gazetted posts: recommendation by the Public Service Commission
  • Other appointments, transfers, promotions and departmental action: the Government of Nepal, in consultation with the Judicial Service Commission
  • Appointment, transfer and discipline of judges: the Judicial Council

Eligibility, age limits and fees can differ from one advertisement to the next. Read the relevant Public Service Commission advertisement and syllabus before applying.

Sources

Primary sources

Other reporting

Share

Nyayapalika Desk

The Nyayapalika editorial team.