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
- Extraordinary Jurisdiction: Both courts issue the same five writs: Habeas Corpus (body), Mandamus (performance of duty), Certiorari (quashing orders), Prohibition (stopping proceedings), and Quo Warranto (authority check).
- Supreme Court (Art 133): Possesses the unique power of judicial review to declare a law unconstitutional if it is inconsistent with the Constitution. It serves as the final arbiter of law nationwide.
- High Court (Art 144): Specifically designed to bring justice closer to the people by handling cases within provincial boundaries. It lacks the power to invalidate national statutes (primary legislation).
Nepal Law Anchors
- Constitution of Nepal: Article 133 (Original and Extraordinary Jurisdiction of the Supreme Court) and Article 144 (Extraordinary Jurisdiction of the High Court).
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
- Trap: "Can the High Court declare an Act of Parliament void?" Correction: No, only the Supreme Court has the power of judicial review under Article 133.
- Trap: "The High Court can issue writs for incidents outside its province if the person resides there." Correction: Generally, writ jurisdiction is tied to the territorial jurisdiction of the High Court, though exceptions exist for specific cases transferred by the SC.
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
- SC reviews law (Art 133), HC enforces rights (Art 144).
- Both share the five standard writs.
- High Court is limited to territorial/provincial boundaries.
- Only SC can declare a law unconstitutional.
- Writ jurisdiction is 'extraordinary'.