Article 133 vs Article 144: Writ Jurisdiction

Exam Snapshot

The Supreme Court (SC) holds the power of judicial review to declare laws unconstitutional (Art 133(1)), whereas High Courts (HC) are restricted to enforcing fundamental and legal rights within their territorial provincial jurisdiction (Art 144) and cannot declare laws void.

Core Concept

Nepal Law Anchors

Confusable Terms

Feature Supreme Court (Art 133) High Court (Art 144)
Judicial Review Yes (Can declare primary law unconstitutional/void) No (Cannot declare primary law void)
Territorial Limit National (All Nepal) Provincial (Within respective province)
Primary Focus Constitutional Supremacy and Ultimate Appeal Rights Enforcement and Immediate Writ Relief

MCQ Traps

Example

If a citizen's fundamental right is violated by a local government's administrative decision, they can file a petition in the High Court under Article 144. However, if the citizen seeks to challenge the constitutionality of a specific clause in the Muluki Civil Code, they must approach the Supreme Court under Article 133, as High Courts lack the authority to strike down national legislation.

Memory Hook

SC = Sovereign Constitution (reviews laws), HC = Home Court (within the province).

Quick Revision