Supreme Court Nepal

Supreme Court of Nepal (नेपालको सर्वोच्च अदालत)

The Supreme Court of Nepal (नेपालको सर्वोच्च अदालत) is the highest judicial authority in Nepal. It serves as the final court of appeal, the guardian of the Constitution, and ensures the uniform interpretation of laws in the country.

Key Facts

  • Established: 1951
  • Location: Kathmandu, Nepal
  • Legal Basis: Constitution of Nepal (2015)
  • Chief Justice: Appointed by the President of Nepal based on recommendations from the Judicial Council
  • Judges: Appointed by the Judicial Council and approved by the Parliamentary Hearing Committee

Functions of the Supreme Court

Final Court of Appeal

  • Hears appeals from lower courts and tribunals
  • Issues binding decisions on legal matters

Constitutional Interpretation

  • Has the power of judicial review
  • Can declare laws and government actions unconstitutional

Protection of Fundamental Rights

  • Enforces fundamental rights guaranteed by the Constitution
  • Issues writs (Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto)

Supervision of Lower Courts

  • Provides legal guidance to ensure uniform application of laws
  • Monitors judicial efficiency and integrity

Advisory Role

  • Advises the President on constitutional matters when requested

Judicial System of Nepal

Nepal follows a three-tier judicial system:

  1. Supreme Court (Highest Court)
  2. High Courts (Provincial level)
  3. District Courts (Local level)

Judicial Independence

  • The Supreme Court operates independently from the executive and legislative branches.
  • Judges cannot be removed without legal justification and must follow the Judicial Code of Conduct.

 

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