The Supreme Court is the supreme over all tiers of the court. All judicial bodies are under the supreme court. The Supreme Court is also known as the court of record. The Supreme Court has the final authority to interpret the Constitution and law.
The provision relating to the Supreme Court is mentioned under part 11 of the Constitution of Nepal. Article 128(1) states that there shall be a Supreme Court in Nepal. The Supreme Court of Nepal has the power to make a precedent under Article 128(4).
The jurisdictions of the Supreme Court have been discussed by Article 133 of the Constitution. The jurisdictions of the Supreme Court are divided into 2 parts i.e. extraordinary jurisdictions and ordinary jurisdictions.
Articles 144 (1),(2) and (3) state extraordinary jurisdictions while articles 133(4),(5), and (6) state ordinary jurisdictions of the Supreme Court.
Jurisdiction of Supreme Court
The jurisdictions of the Supreme Court have been mentioned under Article 133 of the Constitution have been described below:-
1. The Supreme Court has extraordinary jurisdiction to declare void any law or any part of that law if the law is inconsistent with the Constitution.
2. The Supreme Court has extraordinary jurisdiction to enforce the fundamental rights or any other legal rights or provide remedies to them by issuing orders.
3. The Supreme Court has extraordinary jurisdiction to issue appropriate orders and writs including the writs of habeas corpus, mandamus certiorari, prohibition, and quo warranto.
4. The Supreme Court has the power to originally try and settle cases, hear appeals, test judgments referred for confirmation, revise cases, hear petitions, or review its judgment or final order, etc.
5. The Supreme Court has the power to settle appeals from cases originally tried and settled by a High Court.
6. The other power and function of the Supreme Court shall be as provided by federal law.
Constitutional Bench
The formation of a Constitutional Bench is another power of the Supreme Court through which the Supreme Court decides and solves matters or questions aroused on the interpretation of the Constitution.
- Article 137 of the constitution has made provisions relating to the formation of a Constitutional Bench.
- The Constitutional Bench consists of the Chief Justice and other four judges designated by the Chief Justice on the recommendation of the Judicial Council.
- Constitutional Bench is a special bench of judges including Chief Justice and other four senior judges of the Supreme Court.
- The constitutional bench is formed to try and settle cases and questions aroused on constitutional matters and of public importance.
- The functions of the Constitutional Bench are determined by the Supreme Court.
The Constitutional Bench is formed to solve the following nature of cases:-
- Disputes relating to jurisdictions between different tiers of government.
- Disputes relating to election of members of federal parliament or State Assembly.
- If a question of serious constitutional interpretation arises.
Therefore, these are the jurisdictions of the Supreme Court including extraordinary jurisdictions and ordinary jurisdictions along with the constitutional provision of the formation of a Constitutional Bench.