In a nutshell, the Supreme Court is the highest in the hierarchy of courts, meaning that there is no court above it. There exists a hierarchy among courts in every judicial system around the world and the Supreme Court is the highest court among other types of courts. In this article, we shall discuss every aspect of the Supreme Court of Nepal. Please continue reading.
The Supreme Court of Nepal:
The Supreme Court is the protector of the Constitution of Nepal and it has the final authority to interpret the meaning of laws and the constitution. The decisions and interpretations made by the Supreme Court cannot be challenged or reviewed by any other courts. Generally, there are three types of courts in Nepal: District Court, High Court, and Supreme Court, with the Supreme Court being Nepal’s highest court. All the other courts of Nepal are subordinate to the Supreme Court.
The Supreme Court of Nepal consists of a maximum of twenty judges and one Chief Justice. The Chief Justice gets appointed by the President of Nepal via the recommendation of the Constitutional Council and the remaining Judges are appointed by the President via the recommendation of the Judicial Council. Before diving deeper into the Jurisdiction, Powers function e.t.c. of the Supreme Court. Let’s start with the basics, Court!
What is a court?
A court can refer to a variety of things depending on the context. In the legal context, a court is an institution that has the authority to exercise powers relating to justice. We can also understand ‘court’ as a place where we file lawsuits, seek justice, and settle disputes related to cases such as civil, criminal, constitutional, etc. In a nutshell, a court is a place where conflicts between concerned parties are resolved via impartial judicial authority or authorities.
Types of courts in Nepal
The constitution of Nepal in Article 127 says that in Nepal there shall be three types of courts (1) Supreme Court, (2) High Court, and (3) District Court. However, in Nepal there are other types of courts as well; they are (a) Special Court, (b) Administrative Court (c) Labor Court, and Revenue Tribunal.
To clear some common misunderstandings, the High Court is also called (The Court of Appeal or Appellate Court). The Supreme Court is also called (The Apex Court or Court of Last Resort) the names mentioned inside the bracket are synonyms. They aren’t different courts.
How many supreme courts exist in Nepal?
There is just one supreme court in Nepal. It is located in Kathmandu at Ramashan Path. Though Nepal has a federal system of government it has only one supreme court. In some federal systems of government around the world, they have many supreme courts. For example, The United States has one federal supreme court and many state supreme courts.
Jurisdiction of the Supreme Court of Nepal
The jurisdiction of the Supreme Court is mentioned in Article 133 of the Constitution of Nepal. In simple parlance, Jurisdiction means the territory where the court functions or exercises its power and authority. It also means the court’s power to hear and settle cases.
What are the powers of the Supreme Court of Nepal?
- Power to hear Writ petitions
The Supreme Court of Nepal has both judicial and extrajudicial power. The Supreme Court can issue appropriate orders and entertain five types of writ petitions. They are, mandamus, certiorari, prohibition, quo warranto, and habeas corpus writs, under its extraordinary jurisdiction.
- Power to settle Appeals
The Supreme Court has the power to settle appeals of the cases that were initially tried and resolved by the High Court. It has the power to revise cases, test judgments, and settle cases that are referred by the High Court to Supreme Court.
- Power to interpret laws and the Constitution:
The Supreme Court has an extraordinary power to declare any law or a part of the law void either ab initio (from the beginning) or from the date of its decision if such law is inconsistent and imposes an unreasonable restriction on the enjoyment of any fundamental right provided by the Constitution of Nepal.
What is the phone number of the Supreme Court of Nepal?
You can contact the Supreme Court via the following phone numbers:
- Or via email address: [email protected].
Website:- सर्वोच्च अदालत
Who is the current Chief Justice of the Supreme Court of Nepal?
There are twenty Judges/Justices in the Supreme Court and Honorable Mr. Cholendra Shumsher JBR is the current Chief Justice of the Supreme Court of Nepal. He was appointed on the 2nd of January, 2019. The composition of twenty Justices of the Supreme court and their designation are as follows:
|1||Honorable Acting Chief Justice||Mr. Deepak Kumar Karki|
|2||Honorable Justice||Mrs. Mira Khadka|
|3||Honorable Justice||Mr. Hari Krishna Karki|
|4||Honorable Justice||Mr. Bishowambhar Pd Shrestha|
|5||Honorable Justice||Mr. Ishwar Prasad Khatiwada|
|6||Honorable Justice||Dr. Ananda Mohan Bhattarai|
|7||Honorable Justice||Mr. Anil Kumar Sinha|
|8||Honorable Justice||Mr. Prakash Man Singh Raut|
|9||Honorable Justice||Mrs. Sapana Pradhan Malla|
|10||Honorable Justice||Mr. Tej Bahadur KC|
|11||Honorable Justice||Mr. Bam Kumar Shrestha|
|12||Honorable Justice||Mr. Tanka Bahadur Moktan|
|13||Honorable Justice||Mr. Prakash Kumar Dhungana|
|14||Honorable Justice||Mrs. Sushmalata Mathema|
|15||Honorable Justice||Mr. Kumar Regmi|
|16||Honorable Justice||Mr. Hari Prasad Phuyal|
|17||Honorable Justice||Dr. Manoj Kumar Sharma|
|18||Honorable Justice||Dr. Kumar Chudal|
|19||Honorable Justice||Mr. Nahakul Subedi|
|20||Honorable Justice||Mr. Til Prasad Shrestha|
Office of Attorney General
Address: Near Singh durbar, Maitighar, Kathmandu 44600
Website:- महान्यायाधिवक्ताको कार्यालय
Judicial System in Nepal:
To put it simply, the judicial system means the system of courts. This system of a court or the judicial system is responsible for adjudication/settlement of disputes, interpretation of laws, application of laws, and justice delivery. The three tires\hierarchy of courts and other courts constitute the Judicial System in Nepal. The judicial system of Nepal is provisioned in the Constitution of Nepal. As per the laws and the constitution of Nepal the judicial system of Nepal comprises three hierarchies of courts, District Court, High Court, Supreme court, and Other Courts. Please visit our website facenepal.orgfor more educational and knowledge-based articles.
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