Standard and Syllabus of Specialization Training................. Office of the Attorney General, Nepal Government Attorney’s Specialization Standard, 2075 Preamble: Whereas, it is expedient to make provisions, for effective government representation and defense; Government Attorney had to have training of specialization, the Office of Attorney General has laid down this standard. 1. Short Title and Commencement: (1) This Standard may be called as “Government attorney Specialization Standard, 2075”. (2) This Standard shall come into force from 15 Jestha 2074. 2. Definition: In this Standard, unless the subject or the context means otherwise: - (a) “Government Attorney” means the Attorney General, Deputy Attorney General, Joint Attorney, Deputy Attorney, District Attorney, Deputy District Attorney, and the word shall also represent Gazetted officer of Government Attorney groups of Nepal Judicial Service. (b) “Specialized Government Attorney” means the government attorney who has gained a Standard determined special qualification, experience, and knowledge and has listed in section 8 of the standard. (c) “Management Committee” means the management committee of the Office of the Attorney General. (d) “Training provider Authority” means National Judicial Academy, Judicial Service Training Centre, Prosecution Training Centre and other National and Foreign institutions established according to the law which provide training on Law and Justice. 3. Government Attorney to be Specialized: (1) Government Attorney shall be specialized for the effective work performance of the Government Attorney. (2) While specialization of the government attorney according to the sub clause (1) the following specific area shall be considered: (a) Constitutional Law, (b) Organized Crime Prevention Law, (c) Banking and Commercial offence related Law, (d) Tax and Revenue Law, (e) Corruption Prevention Law, (f) Service related Law, (g) Government and Public Property Protection Law, (h) Cyber Crime Prevention Law, (i) Other Subjects as specified time to time by the Management Committee. 4. Qualification and Experience for Specialization: (1) Government Attorney shall have the following qualification, experience, and training for the specialization. a) Postgraduate degree in law from a recognized university, b) Worked as a government attorney for at least 5 years, c) Completion of training for specialization as per the syllabus mention under section 5. (2) Notwithstanding anything contained in sub-clause (1) (b), government attorney having a post-graduate degree in law in the related field of specialization, with three-year experience as government attorney will be qualified for specialization. (3) Notwithstanding anything contained in sub-clause (1) (c), government attorney having Doctorate (Ph.D.) degree along with working experience of three years shall be qualified for specialization in the field of his/her field of doctorate. 1 Standard and Syllabus of Specialization Training................. Office of the Attorney General, Nepal (4) While nominating participants for the training as per the sub-clause (1) (c) his/her qualification, experience and interest should be considered. (5) Each government attorney shall be eligible for maximum in two subjects for the specialization. 5. Syllabus of Training: (1) For conducting the training to prepare specialized Government Attorney in accordance with clause (4) sub-clause (1) (c) the management committee shall have to approve the syllabus. (2) The structure of syllabus, in accordance with sub-clause (1), shall be as follows: a) Training shall consist of at least 30 sessions, b) The time of each session shall be one and half hour, c) Training shall include the related principles of subject, judicial practice on such subjects and comparative study on the practice of various countries, d) Participants of the training shall prepare to present research article in any field mentioned in the syllabus during the period of training, e) The training shall be conducted only by the qualified trainer as according to the qualification mentioned in sub-section 6. (3) The Office of the Attorney General shall form Syllabus Preparation Committee, for preparing the draft of syllabus, with involvement of expert on related subject 6. Qualification of Trainer: (1) The expert will be a trainer in training for the specialization of the Government Attorney shall have the following qualification: (a) The person who holds or had held the designation of Attorney General or Deputy Attorney General, (b) Professor of the concerned subject of a recognized university, (c) Any person who has obtained a post-graduate in law degree and involved in teaching, research and law practice of the concerned subject for 10 years or more, (d) Any person who has obtained the doctorate in the concerned subject, (e) Any person who has title of senior advocate or advocate for at least fifteen years practicing law in Supreme Court and established as distinguished expert in the concerned subject, (f) Any person who has been listed as a specialized government attorney. (2) Notwithstanding anything contained in sub-clause (1), a person who is popular enough as a special law expert in related subject can be invited as a trainer. 7. Training conduct: (1) The Attorney General Office shall carry out essential coordination with other training providing institutions to conduct training on approved syllabus by management committee on determined specialization sectors. (2) While conducting the training from the training institutions, the program coordinator will not nominate more junior than the position of participant i.e. government attorney. 8. Evaluation of Training: (1) Evaluation of training shall be done on following grounds: a) 30 marks for attendance, b) 30 marks for participation, c) 10 marks for discipline, d) 40 marks for the research article. 2 Standard and Syllabus of Specialization Training................. Office of the Attorney General, Nepal (2) While evaluating the training pursuant to sub-clause (1), research article under clause (d) shall be evaluated by the expert committee of three members formed by the management committee and evaluation of other subjects of training shall be carried by the coordinator of the program. (3) As pursuant to the sub-section (1), the participants scoring at least 80 will be awarded the certificate of participation. 9) Approval of list: (1) Among the government attorney’s qualified, on the subject wise basis, according to clause 4, the management committee shall approve and publish the list of specialized government attorneys. (2) Government attorneys listed in the approval list shall commence his/her service as a specialized government attorney in the concerned field. 10. Amendment of Standard: The management committee shall amend the standard as per the necessity. 3 Standard and Syllabus of Specialization Training................. Office of the Attorney General, Nepal 4 Standard and Syllabus of Specialization Training................. Office of the Attorney General, Nepal 1. Constitutional Law 5 Standard and Syllabus of Specialization Training................. Office of the Attorney General, Nepal 6 Standard and Syllabus of Specialization Training................. Office of the Attorney General, Nepal 1. Constitutional Law Organization of the Curriculum Curriculum Goal: To produce specialized Government Attorneys in Constitutional Law field. Curriculum Objective of the session: Government Attorneys trained according to this curriculum will be: x Aware of fundamental principles of system of governance of the state and federal governance system. x Acquainted with fundamental principles and practices of constitutional law. x Aware about the principles propounded and jurisprudence laid down by courts in constitutional disputes. x Able to properly use and invoke the principles of constitutional law, judicial practices and jurisprudences on behalf of the Government of Nepal in constitutional disputes. Subjects incorporated in the Curriculum The subjects included in the curriculum, prepared to specialize the government attorney by focusing in their professionalism, shall include 40% theoretical and 60% professional and practical aspects in each and every training session. Subjects included in the curriculum 1. Introduction of Governance System 2. Federalism 3. State structure and Separation of Power 4. Interrelationship between Federal, Provincial and Local level 5. Dispute likely to arise between various levels of government 6. Constitutionalism 7. Fundamental Principles of Constitutional Law 8. Major Principles considered in Constitutional interpretations 9. Constitutional Provisions on Citizenship 10. Fundamental Rights 1: Civil and Political Rights 1 11. Fundamental Rights 2: Civil and Political Rights 2 12. Fundamental Rights 3: Right to Justice 13. Fundamental Rights 4: Economic and Social Rights 14. Social Justice and Inclusion 15. Directive Principles and State Policies 16. Judicial Review of Legislation 17. Writ 18. Habeas Corpus 19. Certiorari and Mandamus 20. Quo-warranto and Prohibition 21. Public Interest Litigation (PIL) 22. Electoral system 23. Principles and process of law making 24. Delegated legislation 7 Standard and Syllabus of Specialization Training................. Office of the Attorney General, Nepal 25. Constitutional Bodies 1 26. Constitutional Bodies 2 27. Head of the State 28. Financial Procedures 29. Powers of Emergency 30. Amendment of the Constitution 31. Constitutional Court and Constitutional