There shall be an Attorney General of Nepal, who shall be appointed by the President, on the recommendation of the Prime Minister. The Attorney General shall hold office during the pleasure of the Prime Minister.
No person shall be eligible to be appointed as the Attorney General unless he or she is qualified to be appointed as a Judge of the Supreme Court.
The office of the Attorney General shall be deemed vacant in any of the following circumstances:
if he or she tenders resignation in writing to the President, through the Prime Minister;
if he or she is relieved of his or her office by the President, on the recommendation of the Prime Minister; or
if he or she dies.
The remuneration and other facilities of the Attorney General shall be similar to those of a Judge of the Supreme Court. Other conditions of service of the Attorney General shall be as determined by law.
135. Functions duties and power of Attorney General
The Attorney General shall be the chief legal advisor to the Government of Nepal. It shall be the duty of the Attorney General to give opinions and advices on constitutional and legal matters to the Government of Nepal and such other authorities as the Government of Nepal may specify.
The Attorney General or officers subordinate to him or her shall represent the Government of Nepal in lawsuits wherein the rights, interests or concerns of the Government of Nepal are involved. Save as provided otherwise in this Constitution, the Attorney General shall have the right to make the final decision as to whether to institute any case on behalf of the Government of Nepal in any court or judicial authority.
Subject to Clause (2), in the course of performing his or her duties, the Attorney General shall have the power to do the following acts:
To defend, on behalf of the Government of Nepal, any lawsuit in which the Government of Nepal is a plaintiff or a defendant;
To monitor, or cause to be monitored, whether any interpretation given to a law or any legal principle laid down by the Supreme Court in the course of trying lawsuits has been implemented;
On a complaint alleging that any person held in custody has not been treated humanely subject to this Constitution or such person has not been allowed to meet his or her relative in person or through his or her legal practitioner, or on receipt of information of such matter, to inquire there into and give necessary directive to the concerned authority to prevent such act.
In addition to the functions, duties and powers mentioned in this Article, other functions, duties and powers of the Attorney General shall be as determined by this Constitution and other laws.
In the course of discharging the duties of his or, her office, the Attorney General shall have the right to appear in any Court, office and authority of Nepal.
The Attorney General may delegate his or her functions, duties and powers under this Article to his or her subordinates as to be exercised and complied with subject to the specified conditions.
136. Annual report
The Attorney General shall, every year, submit to the President an annual report on the works which he or she has performed pursuant to this Constitution and other laws; and the President shall arrange to submit such report to the Legislature-Parliament through the Prime Minister.
The annual report to be submitted pursuant to Clause (1) shall set out, inter alia, the number of advices and opinions on constitutional and legal matters rendered by him or her throughout the year, details of instituted governmental cases, details of defense made in lawsuits in which the Government of Nepal is a plaintiff or defendant, details relating to crimes and details of reforms to be made in the future in relation to cases to be instituted as governmental cases.
137. Right to appear in Legislature-Parliament
The Attorney General shall have the right to appear and express his or her opinion on any legal question in any meeting of the Legislature-Parliament, the Constituent Assembly or any of their committees.
Provided that, he or she shall not have the right to vote.
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