Interpretation of Statutes at Nepal

Interpretation of Statutes in Nepal – Overview

Nepal follows a mixed legal system influenced by common law, Hindu legal traditions, and customary laws. The statutory interpretation framework is grounded in the Constitution of Nepal (2015), with courts applying a range of interpretative principles to align statutes with constitutional mandates and social realities.

1. Legal Framework

The Constitution of Nepal (2015) is the supreme law.

Statutes are enacted by the Federal Parliament (House of Representatives and National Assembly).

The Supreme Court of Nepal is the highest judicial authority interpreting laws.

Customary and religious laws influence interpretation, especially in family and property matters.

2. Methods of Statutory Interpretation

🔹 Literal Interpretation

Courts first look to the ordinary and natural meaning of statutory language.

Clear wording is given effect as written.

🔹 Purposive Interpretation

Focus on the purpose, objectives, and spirit of the statute.

Courts interpret laws to promote social justice, constitutional values, and public welfare.

🔹 Harmonious Construction

Statutes are interpreted to avoid conflicts with other laws and to harmonize with the Constitution.

🔹 Historical and Contextual Interpretation

Legislative history and social context are considered when language is ambiguous.

3. Role of Courts

The Supreme Court reviews constitutionality and provides authoritative interpretations.

Lower courts apply Supreme Court rulings.

Judicial interpretation balances statutory provisions with constitutional guarantees, including fundamental rights.

4. Influence of Customary and Religious Law

In certain areas, especially family law and succession, Hindu and customary laws influence statutory interpretation.

Courts seek to reconcile modern statutes with traditional norms where possible.

5. Summary Table

Interpretation MethodDescription
LiteralPlain, ordinary meaning of the statutory text
PurposiveFocus on the intent and objectives of the statute
Harmonious ConstructionInterpretation to avoid conflicts and ensure consistency
Historical/ContextualConsider legislative history and social context

 

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