The Nepalese Court System

An overview of Structure, Powers, Organization and

Jurisdiction
Overview of Nepal’s
Judiciary
 Court refers to a bench of judge and other officers having authority under
prevailing law to perform judicial function in respect to certain suit.
 According to article 126(1) Powers relating to justice shall be exercised by
courts and other judicial bodies in accordance with this Constitution, other
laws and the recognized principles of justice.
 All shall abide by the orders or decisions made in the course of trial of
lawsuits by the courts.
 Article 127 of the Constitution has incorporated the provision of Supreme
Court, High court and District Court along with the provision for
establishing judicial bodies in the Local level or other bodies as required may
be formed to pursue alternative dispute settlement methods.
 Article 137 of the Constitution establishes the Constitutional Bench in the
Supreme Court to hear the disputes related to jurisdiction of Federal, State
and Local level as well as the disputes on qualification of elected member
of federal or state Parliament.
 Supreme Court as the highest court of Nepal is recognized as a court of
record.
 At present, there are 7 High Courts along with nine permanent Benches
and two temporary Benches of the High Court.
 75 District Courts and other judicial institutions like Debt Recovery
Tribunal, Revenue Tribunal, Administrative Court, Foreign Employment
Tribunal and Special Court are also discharging the duties of justice
dispensation in Nepal. Local level judicial committee has also been
working in the local level.
 The administration of justice of the country has been regulated by the
various statutes and regulations related to judiciary.
Supreme Court
 The Supreme Court is the apex court in the judicial hierarchy.
 The Supreme is a court of record.
 All courts and judicial bodies, except as otherwise provided in this Constitution, be
under the Supreme Court.
 The Supreme Court have the final authority to interpret Constitution and laws.
 The Supreme Court may inspect, supervise and give necessary directives to, it and
courts, specialized courts or other judicial bodies under its jurisdiction, in relation to
matters relating to judicial administration or management
 The Supreme Court consist of a maximum of twenty Judges, in addition to the Chief
Justice.
 All must abide by any interpretation of the Constitution or a law made by or any
legal principle laid down by the Supreme Court in the course of trying a lawsuit.
 If anyone makes obstruction in the dispensation of justice by, or disregard any order
or judgment handed down by, it or any of its subordinate courts, the Supreme Court
may, in accordance with law, initiate proceedings and impose punishment for
contempt.
Appointment of Chief Justice and
Judges
 Chief Justice is office in charge of the Supreme Court.
 The president appoints Chief Justice upon the recommendation of
Constitutional Council and other judges on recommendation of Judicial
Council.
 The term of Chief Justice is for 6 years.
 If the office of the Chief Justice falls vacant or the Chief Justice is unable
to carry out the duties of his or her office by reason of illness or otherwise
or he or she cannot be present in the Supreme Court by reason of a leave of
absence or his or her being outside of Nepal, the senior-most Judge of the
Supreme Court shall act as the Acting Chief Justice.
Qualification of Chief Justice and Judges

 Any person who has served as a Judge of the Supreme Court for at least
three years shall be qualified for appointment as the Chief Justice.

 Any citizen of Nepal who has obtained a bachelor's degree in law and
served as the Chief Judge or a Judge of a High Court for at least five
years or who has obtained a bachelor's degree in law and constantly
practiced law as a senior advocate or advocate for at least fifteen years or
who is a distinguished jurist having constantly worked for at least fifteen
years in the judicial or legal field or who has served in the post of
Gazetted first class or a higher post of the Judicial Service for at least
twelve years shall be deemed qualified for appointment as a Judge of the
Supreme Court.
Jurisdiction of Supreme
Court
 Ordinary Jurisdiction
 Extra-ordinary Jurisdiction
Ordinary Jurisdiction
 Initial hearing of petitions
 Hearing appeal
 Review its own judgments
 Power to revise the decisions of the Court of

Appeal
 Hearing of reports
 Power to try certain cases
 Inspect, supervise and direct subordinate

courts
Extra Ordinary Jurisdiction
 Review of Judicial Jurisdiction
 Hearing of Writ

◦ Habeas corpus -aGbL k|ToIfLs/0f_

◦ Mandamus -k/dfb]z_
◦ Certiorari -pTk|]if0f_
◦ Prohibition -k|ltif]w_
◦ Quo-Warranto -clwsf/k[R5f_
 Hearing of public concerning dispute
Vacation of Chief Justice and
Judge of Supreme Court
 if he or she tenders resignation in writing before the President,
 if he or she attains the age of sixty-five years,
 if a motion of impeachment is passed against him or her under Article 101,
 if the President removes from office the Chief Justice, on recommendation
of the Constitutional Council, and the Judge of the Supreme Court, on
recommendation of the Judicial Council, on the ground that he or she is
unable to discharge his or her duties because of physical or mental illness,
 if he or she is punished by a court for a criminal offence involving moral
turpitude,
 if he or she dies.
High Court
 There is a High Court in each State.
 If anyone makes obstruction in the dispensation of justice by, or disregard
any order or judgment handed down by, it or any of its subordinate courts
or judicial bodies, the High Court may initiate proceedings on and impose
punishment for contempt, as provided for in the Federal law.
 Each High Court shall consist of such number of Judges, in addition to the
Chief Judge, as provided for in the Federal law
Appointment of Chief Judge and
Judge of High Court
 The Chief Justice on recommendation of the Judicial Council, appoint the
Chief Judge and Judges.
 Any citizen of Nepal who has obtained a bachelor's degree in law and served as
a Judge of a District Court for at least five years or who has obtained a
bachelor's degree in law and constantly practiced law as a senior advocate or
advocate for at least ten years or who has constantly been engaged in the
teaching or research of law or in any other field relation to law or justice for at
least ten years or who has served in the post of at least Gazetted first class of
the Judicial Service for at least five years shall be deemed qualified for
appointment as the Chief Judge or a Judge of the High Court.
 If the office of the Chief Judge falls vacant or the Chief Judge is otherwise
unable to carry out the duties of his or her office or cannot be present in the
High Court by reason of a leave of absence or his or her being outside of the
State, the senior-most Judge of the High Court shall act as the Acting Chief
Judge
Vacation of Chief Judge or
Judge
 if he or she tenders resignation in writing before the Chief Justice,
 if he or she attains the age of sixty-three years,
 if he or she is removed from office by the Chief Justice on
recommendation of the Judicial Council, on the ground of his or her
incompetence, bad conduct, failure to perform his or her duties honestly,
performance of business with mala fide intention or serious violation by
him or her of the code of conduct required to be observed by him or her,
 if he or she is removed from office by the Chief Justice on
recommendation of the Judicial Council on the ground that he or she is
unable to discharge his or her duties because of physical or mental illness,
 if he or she is punished by a court for a criminal offence involving moral
turpitude,
 if he or she dies
Jurisdiction of High Court
 The High Court shall have the power to issue necessary and appropriate
orders, for the enforcement of the fundamental rights conferred by this
Constitution or for the enforcement of any other legal right for which no
other remedy has been provided or for which the remedy even though
provided appears to be inadequate or ineffective or for the settlement of
any legal question involved in any dispute of public interest or concern,
 For the above purposes, the High Court may issue appropriate orders and
writs including the writs of habeas corpus, mandamus, certiorari,
prohibition and quo warranto.
 Provided that except on the ground of absence of jurisdiction, the High
Court shall not under this clause interfere with any internal proceedings of
the Federal Parliament or State Assembly, and with any proceedings
instituted by the Federal Parliament or State Assembly concerning
violation of its privileges and penalties imposed therefor.
Contd.
 The High Court in accordance with the Federal law, have the power to
originally try and settle cases, hear appeals and test judgments referred for
confirmation.
 Other powers and procedures of the High Court shall be as provided by the

Federal law.
Power to transfer cases:
 If a High Court is of the opinion that a case which is sub judice in a

subordinate court within its jurisdiction involves a question relating to a State

law and it is essential to settle that question in order to decide the case, the
High Court may procure the case and dispose the case wholly or decide only
such question and remand the case to the court of first instance.
 If it is satisfied with the reason that there exists a situation where judicial

impartiality can be questioned if a case filed in a District Court is tried by that

Court, the High Court may, for reasons and grounds to be recorded, order
such case to be transferred from such District Court to another District Court
under its jurisdiction and tried by the latter District Court, as provided for in
the Federal law.
District Court
 The Chief Justice shall, on recommendation of the Judicial Council, appoint Judges of
the District Courts.
 The vacant posts of Judges of the District Court shall be filled as follows:
◦ twenty percent of the vacant posts, on the basis of evaluation of seniority,
qualification and competency, from amongst the officers who have obtained
bachelor’s degree in law and served for at least three years in the post of Gazetted
Second Class of the Judicial Service,
◦ forty percent of the vacant posts, on the basis of open competitive examination, from
amongst the officers who have obtained bachelor’s degree in law and served for at
least three years in the post of Gazetted Second Class of the Judicial Service
◦ the remaining forty percent of the vacant posts, on the basis of open competitive
examination, from amongst the citizens of Nepal who, having obtained bachelor’s
degree in law, have constantly practiced law for at least eight years as an advocate or
who, having obtained bachelor’s degree in law, have served in a Gazetted post of the
Judicial Service for at least eight years or have constantly been engaged in the
teaching or research of law or served in any other field of law or justice for at least
eight years.
Appointment and qualification
of Judges of District Courts:
 The Chief Justice shall, on recommendation of the Judicial Council, appoint Judges of
the District Courts.
 The vacant posts of Judges of the District Court shall be filled as follows:
◦ twenty percent of the vacant posts, on the basis of evaluation of seniority,
qualification and competency, from amongst the officers who have obtained
bachelor’s degree in law and served for at least three years in the post of Gazetted
Second Class of the Judicial Service,
◦ forty percent of the vacant posts, on the basis of open competitive examination, from
amongst the officers who have obtained bachelor’s degree in law and served for at
least three years in the post of Gazetted Second Class of the Judicial Service
◦ the remaining forty percent of the vacant posts, on the basis of open competitive
examination, from amongst the citizens of Nepal who, having obtained bachelor’s
degree in law, have constantly practiced law for at least eight years as an advocate or
who, having obtained bachelor’s degree in law, have served in a Gazetted post of the
Judicial Service for at least eight years or have constantly been engaged in the
teaching or research of law or served in any other field of law or justice for at least
eight years.
Judge of the District Court shall be vacant in
any of the following circumstances
 if he or she tenders resignation in writing before the Chief Justice,
 if he or she attains the age of sixty-three years,
 if he or she is removed from office by the Chief Justice on
recommendation of the Judicial Council, on the ground of his or her
incompetence, misconduct, failure to perform his or her duties honestly,
performance of business with mala fide intention or serious violation by
him or her of the code of conduct required to be observed by him or her,
 if he or she is removed from office by the Chief Justice on
recommendation of the Judicial Council on the ground that he or she is
unable to continue service and discharge his or her duties because of
physical or mental illness,
 if he or she is punished by a court for a criminal offence involving moral
turpitude,
 if he or she dies.
Jurisdiction of District
Court
 Except as otherwise provided by the Federal law, a District Court shall
have the power to originally try and settle all cases under its jurisdiction, to
try petitions under law, including petitions of habeas corpus and
prohibition, hear appeals under law from decisions made by quasi-judicial
bodies, hear appeals from decisions made by Local level judicial bodies
formed under the State law, institute contempt proceedings and punish for
contempt under the Federal law if anyone makes obstruction in the
dispensation of justice by, or disregards any order or judgment by, it or any
of its subordinate courts.
 Other provisions relating to the jurisdiction and procedures of the District
Courts shall be as provided for in the Federal law.
Jurisdiction of High Court (144)
 The High Court shall have the power to issue necessary and appropriate orders, for the
enforcement of the fundamental rights conferred by this Constitution or for the
enforcement of any other legal right for which no other remedy has been provided or for
which the remedy even though provided appears to be inadequate or ineffective or for
the settlement of any legal question involved in any dispute of public interest or
concern,
 For the purposes of clause (1), the High Court may issue appropriate orders and writs
including the writs of habeas corpus, mandamus, certiorari, prohibition and quo
warranto.
 Provided that except on the ground of absence of jurisdiction, the High Court shall not
under this clause interfere with any internal proceedings of the Federal Parliament or
State Assembly, and with any proceedings instituted by the Federal Parliament or State
Assembly concerning violation of its privileges and penalties imposed therefor.
 The High Court shall, in accordance with the Federal law, have the power to originally
try and settle cases; hear appeals and test judgments referred for confirmation.
 Other powers and procedures of the High Court shall be as provided by the Federal law
Provisions of the Nepalese
Constitution Pertaining to Business
The Constitution of Nepal, enacted in 2015, includes several provisions that
protect the rights of businesses and investors. Here are key aspects of how it
safeguards these rights:
1. Right to Equality:
ensures that all citizens are equal before the law and prohibits
discrimination. This principle supports fair competition among businesses
and protects them from arbitrary treatment
2. Right Relating to Property:
Ensures the right to own, use, sell, dispose of property. This includes both
personal and business assets providing a legal framework for private
ownership.
Provided that the State may levy tax on property of a person, and tax on
income of a person in accordance with the concept of progressive taxation
3. Right against exploitation:
Every person shall have the right against exploitation
4. Right to Employment:
5. Economic Freedom :
The Constitution recognizes the freedom to engage in any lawful economic
activity. This is vital for entrepreneurship and investment, as it allows
individuals and businesses to operate without undue restrictions.
6. Protection of Investment:
The Constitution emphasizes the need for a conducive environment for
investment. While specific laws and regulations further define the rights of
investors, the Constitution provides a foundational guarantee that encourages
both domestic and foreign investment.
7. Regulation of Business Practices
The Constitution empowers the government to regulate business practices to
ensure public welfare. This means that while businesses have rights, they
must also comply with laws designed to protect consumers and the
environment.
8. Judicial Protection
Access to justice is guaranteed, allowing businesses to seek redress for
grievances. The judiciary plays a critical role in interpreting constitutional
rights, thus providing a mechanism for businesses to enforce their rights.
9. Social Justice
The Constitution aims to balance business rights with social justice, ensuring
that economic activities do not adversely affect marginalized communities.
This reflects a commitment to sustainable development and social equity.
 Overall, the Constitution of Nepal lays a robust
foundation for the protection of business and
investment rights while also emphasizing the
importance of social justice and public welfare. The
effectiveness of these protections, however, depends
on the implementation of laws and the integrity of the
judicial system.
Directive Principle
 The economic objective of the State shall be to achieve a sustainable
economic development, while achieving rapid economic growth, by way
of maximum mobilization of the available means and resources through
participation and development of public, private and cooperatives, and to
develop a socialism-oriented independent and prosperous economy while
making the national economy independent, self-reliant and progressive in
order to build an exploitation free society by abolishing economic
inequality through equitable distribution of the gains.
Civil Procedure:
The process to secure civil rights through the prescribed law is
called civil procedure.

 Pre-suit Consideration:
◦ Jurisdiction
◦ Law limitation expiry
◦ A suit by self or through attorney
 Pleading:
 Interim remedies
 Evidence
 Expert witness
 Alternative Dispute Resolution (ADR)
 Judgment:
 Appeals:
 Execution of Judgment:
General Principles of Civil Law
 Ignorance of Law is not excusable
 Should not act in a manner that is contrary to the public interest.
 Acts contrary to the law will be invalid
 The wrongdoer will have to bear the loss
 Don't act in a way that hurts others
 Not taking advantage of mistakes
 Acts against the interest will be invalid :
 Should not act in a manner that is contrary to the public interest.
 Personality must be accepted
 Maintaining good neighbourliness
 Not getting rid of civil liability
 Customs or traditions contrary to the law will not be recognized.
 Applicable to foreigners as well