The provision relating to the Judiciary in Nepal has been mentioned under Part 11 of the Constitution of Nepal 2072. The constitution has mentioned provisions relating to the judiciary in Nepal under Part 11 from articles 126 to 156 of the Constitution of Nepal. Every article is important but here I have discussed only some important articles relating to our topic.
Who has the authority to exercise powers relating to justice in Nepal?
The court and judicial bodies have the authority to exercise power relating to justice in Nepal. Article 126 of the constitution clearly states that the courts and other judicial bodies can exercise power relating to justice in Nepal according to the constitution and other laws and recognized principles of justice.
How many tiers of court are there in Nepal?
Article 127(1) of the constitution states that there are three tiers of court in Nepal. They are;
1. Supreme Court,
2. High Court and
3. District Court.
Article 127 (2) states that in addition to the courts under clause (1), judicial bodies may be formed at the Local level to try cases under law.
1. Supreme Court: The Supreme Court is the final court of every nation. The Supreme Court is supreme over other courts and judicial bodies. The court is also one of the most important three organs of the government. The provision relating to the supreme court has been mentioned under Article 128. There are 21 judges in the supreme court including the chief justice. Subarticles of Article 128 also contain the powers and functions of the supreme court.
Article 128 (1) states that there shall be a supreme court in Nepal. It means there shall be only one supreme court for the whole country.
Article 128 (2) states that the Supreme Court shall also known as the court of records. All courts and judicial bodies shall be under the supreme court. The Supreme Court has the final authority to interpret the Constitution and law.
Article 128 (3) states that the Supreme Court may inspect, supervise, and give necessary directives to its lower and specialized courts or other judicial bodies under its jurisdiction.
Article 128 (4) mentions the power of the supreme court to make precedents. This article states that 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 disregards any order or judgment handed down by, it or any of its subordinate courts, the supreme court may, by law, initiate proceedings and impose punishment for contempt.
2. High Court: High Court is the second hierarchy of the court. The provision relating to the high court is mentioned in Article 139 of the constitution. Under this article, sub-article (1) states that there shall be a High Court in each state. It means there is a High Court in each state. There there are a total of seven high courts in Nepal. There shall be a chief judge and other judges according to federal law.
The High Court may initiate proceedings in and impose punishment for contempt of anyone makes obstruction the dispensation of justice by, or disregards any order or judgements handed down by it or any of its subordinate courts or judicial bodies.
3. District Court: District Court is the 3rd hierarchy of court. The provision relating to the District Court is mentioned under Article 148 of the Constitution. Article 148 (1) states that there shall be a District Court in each district. This means there are a total of 77 District Courts in Nepal. The District Court may inspect supervise and give necessary direction to its subordinate judicial bodies. The local-level judicial bodies are subordinated to the District Court.
Specialized courts: A specialized court is a type of court other than the courts described under Article 127 (1) of the same part. The provision relating to Specialized courts is mentioned under Article 152 of the constitution of Nepal. Article 152 states what types of special courts other than the Supreme Court, high court, and district court may be formed and what types of cases may heard in such special courts.
Article 152 (1) states that other specialized courts, judicial bodies, or tribunals may be formed to try and settle specific types and nature of cases other than those mentioned in Article 127, as provided for in the federal law.
Provided that no specialized court, judicial body, or tribunal shall be formed for any specific case.
Sub-article (2) of Article 152 of the constitution states that any criminal offense involving imprisonment for a term of more than one year shall not fall under the jurisdiction of a body other than a court, specialized court, military court, or judicial body.
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