Attorney General Dr. Narayan Dutta Kandel Faces Scrutiny Over Eligibility

Kathmandu. Attorney General Dr. Narayan Dutta Kandel, appointed by President Ramchandra Paudel on the government's recommendation, has become embroiled in controversy. Public discourse suggests he is ineligible for the position due to his past candidacy for Vice President of NRN UK and his alleged possession of permanent residency (PR) status.

Attorney General Kandel, however, asserts that he relinquished all benefits associated with his UK residency in October 2023. He maintains that he no longer holds a UK permanent residency permit and is prepared to address any evidence to the contrary. He dismissed the allegations as baseless propaganda spread without fact-checking.

'If anyone brings proof that I am a PR holder, I am ready to debate it then; there is no need to assassinate someone's character on social media,' Kandel told Ratopati.

Article 291(1) of the Constitution of Nepal states that a Nepali citizen who has obtained permanent residency in a foreign country is ineligible for election, nomination, or appointment to public office. It further notes that if such an individual has renounced their PR for at least three months, they may become eligible for public office.

Under Sub-article 2(1), other provisions regarding Nepali citizens holding foreign permanent residency are to be determined by federal law. Kandel claims he returned to Nepal three years ago, renounced all UK benefits, and was appointed by the government based on his qualifications. Individuals holding public office must pledge loyalty to the nation upon taking their oath of office and secrecy.

Article 129(5) of the Constitution of Nepal deems an individual with 15 years of continuous practice as an advocate qualified to be a Supreme Court judge. The qualifications and age limits for Supreme Court judges and the Attorney General are identical. Article 157(3) of the Constitution specifies that the Attorney General must meet the qualifications required to be a Supreme Court judge. Furthermore, maintaining an advocate's certificate requires retaining Nepali citizenship and adhering to the spirit of the Nepal Bar Council Act, 2050. Kandel claims he has been in the legal profession since receiving his advocate's certificate in 2060 BS.

Similar to Kandel's case, a writ was previously filed in the Supreme Court regarding the appointment of Dipendra Jha as the Chief Attorney of Madhesh Province. Madhur Pathak of Banke and Dilli Neupane of Kavre filed the writ questioning Jha's qualifications, naming the Chief Minister's Secretariat, the Provincial Head's Secretariat, and Jha as defendants. However, the Supreme Court refused to issue an interim order in Jha's case.

Advocate Kirtinath Sharma Paudel suggests that even if a writ is filed challenging Kandel's qualifications on the grounds of not having 15 years of continuous practice, the claim is unlikely to hold. 'Even if Kandel had PR, he cannot be barred from becoming Attorney General three months after renouncing it,' Advocate Paudel stated. 'He would only be ineligible if he currently holds the PR.'

Who is Kandel?

Dr. Kandel began his professional life in the media sector before transitioning from journalism to the legal profession. Active in law since 2060 BS, he is considered highly qualified academically. From 2058 to 2060 BS, he served as the Chairman of the then Federation of Nepali Journalists (Dhaulagiri branch, covering Baglung, Parbat, Myagdi, and Mustang).

He holds a PhD in Law from Queen's University in Northern Ireland. After completing his higher education abroad, he returned to Nepal and has been involved in judicial reform and legal practice.

Recently, he served as a lawyer for Rastriya Swatantra Party (RSP) Chairman Rabi Lamichhane, handling cases related to Lamichhane's passport, citizenship dispute, and cooperative fraud.