Nepal's Judiciary: Structure, Powers
Exam Snapshot
Nepal's judiciary is a core TU LLB entrance topic. MCQs frequently test the three-tier structure, writ jurisdiction, and composition of the Supreme Court. Judicial independence and the role of the Judicial Council are also key areas.
Core Concept
- Three-Tier Structure: Supreme Court (apex), High Courts (provincial level), and District Courts (district level).
- Judicial Power: Vested in courts per the Constitution (Art. 126).
- Judicial Independence: Judges are appointed, transferred, and disciplined by the Judicial Council (Art. 152).
Nepal Law Anchors
- Constitution Part 11 (Arts. 126-157): Governs the judiciary.
- Art. 128: Supreme Court as the final interpreter and Court of Record.
- Art. 133: Supreme Court's extraordinary writ jurisdiction.
- Art. 144: High Court's writ jurisdiction.
- Art. 137: Constitutional Bench for constitutional disputes.
Confusable Terms
| Term | Description |
|---|---|
| Habeas Corpus | Writ to challenge illegal detention. |
| Mandamus | Writ compelling performance of public duty. |
MCQ Traps
- Number of Courts: There are 7 High Courts and 77 District Courts. Ignore older outdated counts.
- Finality: Only the Supreme Court has the final power to interpret the Constitution (Art. 128).
- Composition: The Supreme Court has a Chief Justice and up to 20 other Justices.
Example
A government agency refuses to act despite a legal mandate. The citizen petitions for Mandamus (Art. 133/144) to compel performance.
Memory Hook
Remember S-H-D: Supreme (Apex/Writs/Interpretation), High (Provincial/Appellate/Writs), District (Trial Court/First Instance).
Quick Revision
- Part 11: Judiciary.
- SC: Final interpreter, Art 133 (Writs), Art 137 (Constitutional Bench).
- HC: Art 144 (Writs), Appeals.
- JC (Judicial Council): Appointment/discipline of judges (Art 152).