About this quiz
Concept, Dicey's principles, elements and rule of law in Nepal.
This Lok Sewa practice set has 51 multiple-choice questions (Subject: Constitution and Governance · For: Nayab Subba, Kharidar, Section Officer · 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 51 questions with answers and explanations
Rule of law means:
- A) The country is governed by law, not by the will of a person ✔
- B) The king's word is law
- C) Only judges are above the law
- D) Laws apply only to the poor
Why: Rule of law means the country is governed by law, not by the will of any person. Everyone, including rulers and officials, must follow the same law.
In Nepali, rule of law is:
- A) कानुनी राज्य / विधिको शासन ✔
- B) राजतन्त्र
- C) सैनिक शासन
- D) एकदलीय शासन
Why: Rule of law is called कानुनी राज्य or विधिको शासन in Nepali. The Constitution of Nepal names it as a core value in its Preamble.
Who explained rule of law with three principles in 1885?
- A) A. V. Dicey ✔
- B) Montesquieu
- C) Aristotle
- D) John Locke
Why: British jurist A. V. Dicey explained rule of law in 1885 with three principles: supremacy of law, equality before law, and rights protected by ordinary courts.
Dicey's book is:
- A) Introduction to the Study of the Law of the Constitution ✔
- B) The Spirit of the Laws
- C) Leviathan
- D) The Social Contract
Why: Dicey set out his rule-of-law theory in 'Introduction to the Study of the Law of the Constitution' (1885), still a classic of constitutional law.
The Magna Carta was signed in:
- A) 1215 ✔
- B) 1789
- C) 1689
- D) 1947
Why: The Magna Carta was sealed in 1215 in England. It is seen as an early step towards rule of law, because it put the king under the law.
The Magna Carta limited the power of the:
- A) English king ✔
- B) French parliament
- C) Roman pope
- D) Mughal emperor
Why: The Magna Carta limited the power of King John of England, for example by protecting barons from unlawful imprisonment.
Which is one of Dicey's principles?
- A) Supremacy of law ✔
- B) Supremacy of the army
- C) Supremacy of the king
- D) Supremacy of the rich
Why: Supremacy of law is Dicey's first principle: regular law is above arbitrary power, and no one can be punished except for a breach of law.
Equality before law means:
- A) All persons, including officials, are subject to the same law ✔
- B) Officials are above law
- C) Only the poor face law
- D) Laws differ by caste
Why: Equality before law, Dicey's second principle, means all persons, including government officials, are subject to the same law and the same courts.
Dicey's third principle says rights are:
- A) Protected by courts ✔
- B) Given by the army
- C) Granted by the king at will
- D) Not protected
Why: Dicey's third principle is that people's rights are protected by the ordinary courts through their decisions, not only by written declarations.
Punishment only for a clear breach of law proved in court reflects:
- A) Supremacy of law ✔
- B) Arbitrary power
- C) Martial law
- D) Monarchy
Why: Under supremacy of law, a person can be punished only for a clear breach of an existing law, proved before a court, never at a ruler's wish.
A criticism of Dicey's theory is that it was:
- A) Based mainly on Britain's system ✔
- B) Too modern
- C) About Nepal only
- D) Based on military rule
Why: Critics say Dicey's theory was based mainly on Britain's unwritten constitution and ignored administrative law and the needs of modern welfare states.
Which is a modern element of rule of law?
- A) Independent judiciary ✔
- B) Unlimited government
- C) Secret laws
- D) Retroactive punishment
Why: An independent judiciary is a key modern element, along with fair laws, accountability, access to justice and protection of human rights.
Laws under rule of law should be:
- A) Clear, public, stable and fair ✔
- B) Secret
- C) Changing daily
- D) Applied selectively
Why: Under rule of law, laws must be clear, public, stable and fair, so people know in advance what is allowed and what is not.
Punishing someone under a law made after the act is:
- A) Retroactive punishment, which is not allowed ✔
- B) Required
- C) Normal
- D) Good governance
Why: Punishing a person under a law made after the act (retroactive punishment) is not allowed. Article 20 of the Constitution protects against it.
Presumption of innocence means:
- A) A person is innocent until proved guilty ✔
- B) Guilty until proved innocent
- C) Police decide guilt
- D) Rumour decides guilt
Why: Presumption of innocence means a person is treated as innocent until proved guilty in court. The burden of proof is on the prosecution.
Due process means:
- A) Fair legal procedure before taking away rights ✔
- B) Quick punishment without hearing
- C) Political decisions
- D) No procedure
Why: Due process means fair legal procedure: notice, a hearing and a reasoned decision before anyone's life, liberty or property is taken away.
Impunity in Nepali is:
- A) दण्डहीनता ✔
- B) दण्ड
- C) न्याय
- D) समानता
Why: Impunity is दण्डहीनता in Nepali: the situation where wrongdoers are not punished. It is a major challenge to rule of law.
Impunity means:
- A) Wrongdoers escaping punishment ✔
- B) Strict punishment for all
- C) Free legal aid
- D) Fast justice
Why: Impunity means wrongdoers escape punishment, often because of power or political protection. It weakens public trust in the law.
The Preamble of Nepal's Constitution commits to:
- A) Rule of law and an independent judiciary ✔
- B) Absolute monarchy
- C) One-party rule
- D) Military rule
Why: The Preamble commits Nepal to rule of law, an independent judiciary, human rights, periodic elections and full press freedom, among other values.
Which Article says the Constitution is the fundamental law of Nepal?
- A) Article 1 ✔
- B) Article 18
- C) Article 20
- D) Article 133
Why: Article 1 says the Constitution is the fundamental law of Nepal, and any law inconsistent with it is void to the extent of the inconsistency.
The right to equality is in Article:
- A) 18 ✔
- B) 20
- C) 1
- D) 48
Why: Article 18 guarantees the right to equality: all citizens are equal before law and get equal protection of law, without discrimination.
Rights regarding justice (fair trial) are in Article:
- A) 20 ✔
- B) 18
- C) 16
- D) 51
Why: Article 20 gives rights regarding justice: being told the grounds of arrest, a lawyer, production before a judge within 24 hours, fair trial and more.
Not being punished twice for the same offence is called protection against:
- A) Double jeopardy ✔
- B) Retroactivity
- C) Self-incrimination
- D) Detention
Why: Protection against double jeopardy means no one can be tried or punished twice for the same offence. It is part of Article 20.
The Supreme Court's extraordinary (writ) jurisdiction is in Article:
- A) 133 ✔
- B) 126
- C) 76
- D) 242
Why: Article 133 gives the Supreme Court extraordinary jurisdiction, so it can issue writs to protect fundamental rights and declare laws void if they conflict with the Constitution.
A writ to produce a detained person before the court is:
- A) Habeas corpus ✔
- B) Mandamus
- C) Certiorari
- D) Quo warranto
Why: Habeas corpus ('produce the body') orders the authority to bring a detained person before the court, so the court can check if the detention is lawful.
A writ ordering an official to perform a legal duty is:
- A) Mandamus ✔
- B) Habeas corpus
- C) Prohibition
- D) Quo warranto
Why: Mandamus ('we command') orders a public official or body to perform a legal duty it has failed to do.
A writ quashing an unlawful decision of a lower body is:
- A) Certiorari ✔
- B) Mandamus
- C) Habeas corpus
- D) Prohibition
Why: Certiorari quashes (cancels) an unlawful decision already made by a lower court, tribunal or authority.
A writ asking "by what authority" someone holds a public office is:
- A) Quo warranto ✔
- B) Certiorari
- C) Mandamus
- D) Habeas corpus
Why: Quo warranto ('by what authority') asks a person to show legal authority for holding a public office, and removes them if they have none.
A writ stopping a lower court from exceeding its jurisdiction is:
- A) Prohibition ✔
- B) Mandamus
- C) Certiorari
- D) Quo warranto
Why: Prohibition stops a lower court or tribunal from going beyond its jurisdiction before it makes a decision. Certiorari acts after the decision.
Which body supports rule of law by investigating abuse of authority?
- A) CIAA ✔
- B) Election Commission
- C) Nepal Rastra Bank
- D) Department of Customs
Why: The CIAA (Commission for the Investigation of Abuse of Authority) investigates corruption and abuse of authority by public officials.
Which body protects human rights and supports rule of law?
- A) National Human Rights Commission ✔
- B) Public Procurement Monitoring Office
- C) Nepal Airlines
- D) National Planning Commission
Why: The National Human Rights Commission (NHRC) investigates rights violations and recommends action, which supports rule of law.
Judicial review allows courts to:
- A) Declare unconstitutional laws void ✔
- B) Make all laws
- C) Collect taxes
- D) Command the army
Why: Judicial review lets courts check laws and government actions, and declare them void if they break the Constitution.
A challenge to rule of law in Nepal is:
- A) Political interference in police and justice ✔
- B) Too fast justice
- C) Too many lawyers
- D) No courts
Why: Political interference in the police and the justice system is a major challenge, because it can protect some people from the law.
Delay in justice weakens rule of law because:
- A) "Justice delayed is justice denied" ✔
- B) It makes justice faster
- C) It reduces cases
- D) It helps victims
Why: 'Justice delayed is justice denied': long delays leave victims without remedy and reduce trust in courts, weakening rule of law.
Free legal aid strengthens rule of law by:
- A) Giving poor people access to justice ✔
- B) Helping only the rich
- C) Removing courts
- D) Increasing impunity
Why: Free legal aid gives poor and marginalised people access to lawyers and courts, so justice does not depend on money.
Ending impunity requires:
- A) Punishing wrongdoers regardless of their power ✔
- B) Protecting powerful people
- C) Ignoring crimes
- D) Closing courts
Why: Ending impunity means punishing wrongdoers whatever their power or position, which puts equality before law into practice.
Implementing court decisions promptly helps:
- A) Strengthen rule of law ✔
- B) Increase impunity
- C) Weaken judiciary
- D) Promote corruption
Why: When governments implement court decisions promptly, they show respect for courts, which strengthens rule of law.
Which is opposite to rule of law?
- A) Rule by the arbitrary will of rulers ✔
- B) Constitutional government
- C) Independent courts
- D) Equality before law
Why: The opposite of rule of law is arbitrary rule, where decisions depend on the will of rulers rather than on known laws.
The right to a lawyer is part of:
- A) Fair trial rights ✔
- B) Property rights
- C) Duties of citizens
- D) Directive principles
Why: The right to consult a lawyer is part of fair trial rights under Article 20 of the Constitution.
Rule of law and good governance are:
- A) Closely linked ✔
- B) Unrelated
- C) Opposite
- D) Only for private firms
Why: Rule of law and good governance go together: good governance needs accountability, transparency and fairness, all based on law.
The Office of the Attorney General mainly:
- A) Represents the government in courts and prosecutes cases ✔
- B) Collects customs
- C) Conducts exams
- D) Runs schools
Why: The Office of the Attorney General represents the government in courts, prosecutes criminal cases on behalf of the state and gives legal advice to the government.
Limited government means:
- A) Government powers are limited by the Constitution ✔
- B) Government has no limits
- C) Government is small in size only
- D) No government exists
Why: Limited government means the Constitution limits the powers of the government. This idea, called constitutionalism, is central to rule of law.
Who said "law should govern" in ancient Greece?
- A) Aristotle ✔
- B) Dicey
- C) Locke
- D) Hobbes
Why: Aristotle argued that it is better for the law to govern than any individual, an early statement of the rule-of-law idea.
Equal protection of law means:
- A) Laws protect all people equally ✔
- B) Only citizens of one region are protected
- C) Officials are exempt
- D) Only rich people are protected
Why: Equal protection of law means the law protects all people equally, without unfair discrimination. Article 18 guarantees it.
A government official ignoring a court order shows:
- A) Weak rule of law ✔
- B) Strong rule of law
- C) Good governance
- D) Judicial independence
Why: When an official ignores a court order, it shows weak rule of law, because power is being placed above the law.
The Supreme Court of Nepal is established under the:
- A) Constitution (Part 11) ✔
- B) Company Act
- C) Local Government Act
- D) Customs Act
Why: The Supreme Court is established under Part 11 (Judiciary) of the Constitution, Article 128. It is the highest court and a court of record.
Corruption weakens rule of law because:
- A) Decisions are made for bribes, not by law ✔
- B) It strengthens courts
- C) It increases equality
- D) It speeds justice
Why: With corruption, decisions are made for bribes rather than by law, so people are not treated equally and laws lose their meaning.
Transparency and accountability of officials support:
- A) Rule of law ✔
- B) Impunity
- C) Arbitrary rule
- D) Secrecy
Why: When officials work openly and answer for their actions, it is easier to check that they follow the law, which supports rule of law.
Rule of law protects citizens from:
- A) Arbitrary arrest and punishment ✔
- B) Paying any tax
- C) Voting
- D) Education
Why: Rule of law protects citizens from arbitrary arrest and punishment, because the state can act only according to law and fair procedure.
Rule of law requires that government officials are:
- A) Subject to the same law as ordinary citizens ✔
- B) Above the law
- C) Free from courts
- D) Allowed to punish without trial
Why: Rule of law requires that officials obey the same law as ordinary citizens and can be held responsible in ordinary courts.
The Constitution says laws inconsistent with it are:
- A) Void to the extent of inconsistency ✔
- B) Valid
- C) Stronger than the Constitution
- D) Optional
Why: Under Article 1, any law inconsistent with the Constitution is void to the extent of the inconsistency, which keeps the Constitution supreme.