History And Structure

The Supreme Court of Nepal: An In-Depth Look

History and Structure

The Supreme Court of Nepal is the apex court of the nation, established in 1959. It has the ultimate authority to interpret the constitution, protect fundamental rights, and adjudicate disputes.

Composition

The Supreme Court is composed of a Chief Justice and 20 other Justices appointed by the President on the recommendation of the Constitutional Council.

Jurisdiction and Functions

Appellate Jurisdiction

The Supreme Court has exclusive appellate jurisdiction over cases from lower courts, including High Courts, District Courts, and Special Courts.

Original Jurisdiction

It has original jurisdiction in cases involving constitutional interpretation, writs, and election disputes.

It is responsible for protecting fundamental rights and freedoms guaranteed by the Constitution of Nepal, such as the right to life, liberty, and due process of law.

Advisory Role

The Supreme Court provides advisory opinions to the President and the government on legal matters referred to it.

Recent Developments

Constitutional Crisis

In 2021, Nepal faced a constitutional crisis following the dissolution of the House of Representatives by the President. The Supreme Court later reinstated the House, leading to a political impasse.

Judicial Appointments

In 2022, the President appointed two Chief Judges to the Supreme Court, sparking controversies over the selection process and the independence of the judiciary.

The Supreme Court of Nepal plays a crucial role in Nepal's legal system, upholding the rule of law, protecting fundamental rights, and ensuring the smooth functioning of the government.