About this quiz
Law: Meaning, Importance and Sources; Act, Rules, Regulation (Bylaws), Formation Order and Rajpatra
This Lok Sewa practice set has 50 multiple-choice questions (Subject: Administration and Law · For: Kharidar · Level: Medium). Take the quiz above first; after that, use the study list below to revise every question with its correct answer and a short explanation.
Study list: all 50 questions with answers and explanations
The supreme law of Nepal is the:
- A) Civil Code
- B) Constitution ✔
- C) Rajpatra
- D) Rules
Why: The Constitution of Nepal 2072 is the supreme law (Article 1). Acts, rules and directives must all follow it.
An Act (ऐन) is made by the:
- A) Legislature ✔
- B) Supreme Court
- C) Ward office
- D) Police
Why: An Act (ऐन) is made by the legislature: the Federal Parliament for federal laws, and the Provincial Assembly for provincial laws.
Rules (नियमावली) are made by the:
- A) Government under an Act ✔
- B) Supreme Court
- C) Public
- D) Political parties
Why: Rules (नियमावली) are made by the government (Council of Ministers) using power given by an Act, to carry out that Act in detail.
Regulations/bylaws (विनियमावली) are usually made by:
- A) Autonomous bodies or corporations ✔
- B) Parliament
- C) President only
- D) District courts
Why: Regulations or bylaws (विनियमावली) are usually made by autonomous bodies or corporations, such as a university or NEA, under their own Act.
A government order creating a board or committee is a:
- A) Formation order (गठन आदेश) ✔
- B) Circular
- C) Tok
- D) Notice
Why: A formation order (गठन आदेश) is a government order that creates a board, committee or body and sets its functions.
The official Gazette of Nepal is called the:
- A) Rajpatra ✔
- B) Gorkhapatra
- C) Kantipur
- D) Nagarik
Why: The official gazette is the Nepal Rajpatra (नेपाल राजपत्र). Acts, rules and important notices are published in it.
Supreme Court precedents are binding under Article:
- A) 48
- B) 119
- C) 128(4) ✔
- D) 274
Why: Under Article 128(4), principles of law set by the Supreme Court must be followed by all courts, offices and authorities.
Which is NOT a source of law?
- A) Custom
- B) Judicial precedent
- C) Legislation
- D) Rumour ✔
Why: Sources of law include legislation, precedent, custom and equity. A rumour has no legal force, so it is not a source of law.
Rules and regulations are called:
- A) Delegated legislation ✔
- B) Constitutional amendments
- C) Treaties
- D) Court orders
Why: Rules and regulations are delegated (secondary) legislation: they are made by the executive under power given by an Act.
If a rule goes against its parent Act:
- A) The rule prevails
- B) The Act prevails ✔
- C) Both are cancelled
- D) The police decide
Why: A rule cannot go beyond its parent Act. If it conflicts, the Act prevails, because it is higher in the hierarchy of law.
The Civil Service Rules 2050 were made under the:
- A) Civil Service Act 2049 ✔
- B) VAT Act
- C) Audit Act
- D) Civil Code
Why: The Civil Service Rules, 2050 were made under the Civil Service Act, 2049 to set detailed procedures.
Long-accepted practices recognised by law are:
- A) Custom ✔
- B) Precedent
- C) Legislation
- D) Rules
Why: Custom (प्रथा) means long-accepted practices that the law recognises, for example some family and community practices.
Which comes highest in the hierarchy?
- A) Directive
- B) Rules
- C) Act
- D) Constitution ✔
Why: The Constitution is highest; below it come Acts, then rules and regulations, then directives and procedures.
Law is enforced by the:
- A) State ✔
- B) Neighbours
- C) Shopkeepers
- D) Newspapers
Why: Law is enforced by the state, through courts, police and other authorities, with penalties for breaking it.
A main importance of law is to:
- A) Keep peace and protect rights ✔
- B) Increase confusion
- C) Stop all change
- D) Help only officials
Why: Law keeps peace and order, protects people's rights, settles disputes and limits the power of the state.
Law in general means:
- A) Rules made and enforced by the state ✔
- B) Personal opinions
- C) Religious beliefs only
- D) Customs only
Why: Law means rules made and enforced by the state, which everyone must follow, backed by sanctions.
Which is a primary source of law in Nepal?
- A) Legislation (Acts) ✔
- B) Newspaper articles
- C) Textbooks
- D) Speeches
Why: Legislation (Acts made by Parliament and provincial assemblies) is the main primary source of law in Nepal.
Judicial precedents become law through:
- A) Decisions of the Supreme Court ✔
- B) Police orders
- C) Cabinet minutes
- D) Party manifestos
Why: Judicial precedents become law through Supreme Court decisions, which bind lower courts and authorities.
Custom becomes a source of law when it is:
- A) Long-standing, reasonable and accepted ✔
- B) New and unusual
- C) Against the constitution
- D) Secret
Why: A custom becomes a source of law when it is long-standing, reasonable, generally accepted and not against existing law.
Delegated legislation means:
- A) Rules made by the executive under power given by an Act ✔
- B) Acts made by Parliament
- C) Court judgments
- D) Customs
Why: Delegated legislation means rules made by the executive (government) under power delegated by an Act, not by Parliament directly.
The hierarchy of law in Nepal (highest first) is:
- A) Constitution, Act, Rules, Directives ✔
- B) Rules, Act, Constitution
- C) Act, Constitution, Rules
- D) Directives, Rules, Act
Why: The hierarchy is Constitution → Act → Rules/Regulations → Directives/Procedures. A lower law cannot conflict with a higher one.
A law that is inconsistent with the constitution is:
- A) Void to the extent of inconsistency ✔
- B) Valid
- C) Stronger than the constitution
- D) Automatically amended
Why: Under Article 1(2), a law inconsistent with the Constitution is void to the extent of the inconsistency.
Who can declare a law void for being unconstitutional?
- A) Supreme Court ✔
- B) Parliament
- C) President
- D) CIAA
Why: The Supreme Court, under its extraordinary jurisdiction (Article 133(1)), can declare a law void if it conflicts with the Constitution.
Rules are published in the:
- A) Nepal Rajapatra (Gazette) ✔
- B) Gorkhapatra only
- C) Radio Nepal
- D) Police notice
Why: Rules are published in the Nepal Rajpatra (gazette), so the public can know them.
Nepal Rajapatra is published by the:
- A) Department of Printing ✔
- B) Nepal Rastra Bank
- C) Election Commission
- D) Supreme Court
Why: The Nepal Rajpatra is published by the Department of Printing (मुद्रण विभाग), the government press.
A bill becomes an Act after:
- A) Authentication by the President ✔
- B) Signature of the PM
- C) Approval by NA only
- D) Publication in a newspaper
Why: A bill passed by Parliament becomes an Act after the President authenticates it (Article 113).
Directives (Nirdeshika) are made by:
- A) Ministries or departments under authority ✔
- B) Parliament
- C) Courts
- D) President
Why: Directives (निर्देशिका) are made by ministries or departments, under legal authority, to make implementation uniform.
Procedural law deals with:
- A) How rights are enforced (procedure) ✔
- B) Rights and duties
- C) Crimes only
- D) Taxes only
Why: Procedural law deals with how rights are enforced in courts, for example the National Civil Procedure Code, 2074.
Substantive law deals with:
- A) Rights and duties ✔
- B) Procedure only
- C) Court fees
- D) Evidence only
Why: Substantive law sets out rights and duties themselves, for example the National Civil Code and Criminal Code.
The National Civil Code of Nepal came into force in:
- A) 2075 BS ✔
- B) 2020 BS
- C) 2072 BS
- D) 2063 BS
Why: The National Civil Code came into force in 2075 BS (Bhadra 1), replacing much of the old Muluki Ain.
The National Criminal Code of Nepal came into force in:
- A) 2075 BS ✔
- B) 2020 BS
- C) 2072 BS
- D) 2049 BS
Why: The National Criminal Code also came into force in 2075 BS, together with the Civil Code and the two procedure codes.
Public law deals with relations between:
- A) State and individuals ✔
- B) Two private persons
- C) Two companies
- D) Family members only
Why: Public law deals with relations between the state and individuals, such as constitutional, administrative and criminal law.
Private law deals with relations between:
- A) Individuals ✔
- B) State and citizens
- C) States
- D) Courts
Why: Private law deals with relations between individuals, such as contract, property and family law.
International law governs relations between:
- A) States ✔
- B) Families
- C) Districts
- D) Companies only
Why: International law governs relations between states, through treaties, conventions and international custom.
Who drafts government bills in Nepal?
- A) Ministry of Law, Justice and Parliamentary Affairs ✔
- B) Supreme Court
- C) Election Commission
- D) NPC
Why: The Ministry of Law, Justice and Parliamentary Affairs drafts government bills and checks other ministries' drafts.
An ordinance must be tabled in Parliament and lapses if not adopted within:
- A) 60 days of the meeting ✔
- B) 1 year
- C) 15 days
- D) 6 months
Why: Under Article 114, an ordinance must be tabled in Parliament and lapses if not adopted within 60 days after Parliament meets.
The principle 'ignorance of law is no excuse' means:
- A) Not knowing the law does not excuse breaking it ✔
- B) You can break unknown laws
- C) Only lawyers must know law
- D) Laws apply only to officials
Why: 'Ignorance of law is no excuse' means not knowing a law does not excuse breaking it; that is why laws are published.
Retrospective criminal law is:
- A) Prohibited (no punishment for acts not illegal when done) ✔
- B) Allowed always
- C) Required
- D) Optional
Why: Retrospective criminal law is prohibited: no one can be punished for an act that was not a crime when it was done (Article 20(4)).
Equity as a source of law means:
- A) Fairness and justice where law is silent ✔
- B) Shares in companies
- C) Equal taxes
- D) Equal salaries
Why: Equity means using fairness and justice to decide cases where written law is silent or unclear.
Natural justice includes the right to:
- A) Be heard before a decision ✔
- B) Appeal only
- C) Free lawyer only
- D) Bail always
Why: Natural justice includes the right to be heard before a decision (audi alteram partem), so no one is condemned unheard.
'No one should be a judge in their own cause' is a principle of:
- A) Natural justice ✔
- B) Taxation
- C) Contract
- D) Customs
Why: 'No one should be a judge in their own cause' is the rule against bias, a principle of natural justice.
Act is called in Nepali:
- A) Ain ✔
- B) Niyamawali
- C) Nirdeshika
- D) Karyabidhi
Why: An Act is called ऐन (Ain) in Nepali, as in the Civil Service Act (निजामती सेवा ऐन).
Procedure (Karyabidhi) is mainly:
- A) Step-by-step working method issued by an authority ✔
- B) An Act of Parliament
- C) A court verdict
- D) A treaty
Why: A procedure (कार्यविधि) is a step-by-step working method issued by an authority to carry out a law or programme.
Province laws are made by the:
- A) Provincial Assembly ✔
- B) Federal Parliament
- C) Province Head alone
- D) Supreme Court
Why: Province laws are made by the Provincial Assembly on subjects in the provinces' list of powers.
Local laws are made by the:
- A) Village/Municipal Assembly ✔
- B) Ward office only
- C) CDO
- D) Federal Parliament
Why: Local laws are made by the village assembly or municipal assembly on local subjects.
Which is the oldest written code of Nepal?
- A) Muluki Ain 1910 ✔
- B) Civil Code 2074
- C) Constitution 2072
- D) Interim Act 2007
Why: The Muluki Ain of 1910 BS (1854 AD), issued under Jung Bahadur Rana, was Nepal's first written legal code.
Statutory interpretation is done by:
- A) Courts ✔
- B) Police
- C) Ministries only
- D) NGOs
Why: Courts interpret statutes (laws) when their meaning is disputed, and the Supreme Court's interpretation is final.
A treaty ratified by Nepal is applicable as:
- A) Nepal law (Treaty Act 2047) ✔
- B) Foreign law only
- C) Advice
- D) Custom
Why: Under Section 9 of the Nepal Treaty Act, 2047, a treaty ratified by Nepal applies like Nepali law, and prevails if a Nepali law conflicts with it.
Rule of law means:
- A) Everyone is equal before law ✔
- B) Rulers are above law
- C) Law applies only to the poor
- D) Police make laws
Why: Rule of law means everyone, including officials, is equal before law and the country is governed by law, not by personal will.
Legislative power at federal level belongs to:
- A) Federal Parliament ✔
- B) Council of Ministers
- C) Supreme Court
- D) President alone
Why: Under Article 109, federal legislative power belongs to the Federal Parliament, made up of the House of Representatives and the National Assembly.