The provision relating to Judiciary in Nepal has been mentioned under Part 11 of the Constitution of Nepal 2072. The constitution has mentioned about provision relating to judiciary in Nepal under Part 11 from article 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 authority to exercise powers relating to justice in Nepal ?
The court and judicial bodies have authority to exercise power relating to justice in Nepal. Article 126 of the constitution clearly stated that the courts and other judicial bodies can exercise power relating to justice in Nepal according to constitution and others 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. Supreme Court is supreme over other courts and judicial bodies. Court is also one of the most important three organ of the government. The provision relating to supreme court has been mentioned under article 128. There are 21 judges in supreme court including chief justice. Sub articles of Article 128 also contains the powers and functions of 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 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 others judicial bodies under its jurisdiction.
Article 128 (4) mentioned about the power of supreme court to make precedent. This article states that all must be 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 lawsuit. If anyone makes obstruction in the dispensation of justice by, or disregard any order or judgement 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.
2. High Court : High Court is the second hierarchy of court. The provision relating to 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 for there are total seven high court in Nepal. There shall be a chief judges and others judges according to federal law.
The High Court may initiates proceedings in and impose punishment for contempt of anyone makes obstruction in the dispensation of justice by, or disregard any order or judgements handed down by it or any its subordinate courts or judicial bodies.
3. District Court : District Court is the 3rd hierarchy of court. The provision relating to District Court is mentioned under article 148 of the constitution. Article 148 (1) states that there shall be a District Court in each district. It means there are total 77 District Court in Nepal. The District Court may inspect and supervise and give necessary direction to its subordinate judicial bodies. The local level judicial bodies are subordinated to the District Court.
Specialized courts : 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 about what types of special court other than 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 articles 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 if any criminal offence 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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