🎬 Video explanationन्यायपालिका
⏱ 4 min read
The judiciary protects the Constitution, the rule of law and the rights of citizens. Part 11 of the Constitution sets up a three-tier court system with the Supreme Court at the top. Lok Sewa often asks about the number of judges, the Chief Justice’s term, retirement ages, the Constitutional Bench and the Judicial Council. This note covers these key points.
1. Structure of courts
- Provisions on the judiciary are in Part 11 of the Constitution (from Article 126).
- Article 126: powers relating to justice are exercised by courts and judicial bodies according to the Constitution, law and recognised principles of justice.
- Article 127: Nepal has three tiers of courts: Supreme Court, High Courts and District Courts. Special courts and tribunals can also be set up by law.
| Court | Number | Retirement age of judges |
|---|---|---|
| Supreme Court | 1 (Kathmandu); highest court and court of record | 65 years |
| High Court | 7 (one in each province, with benches) | 63 years |
| District Court | 77 (one in each district) | 63 years |
2. Supreme Court
- The Supreme Court has the Chief Justice and up to 20 other justices.
- The Chief Justice is appointed by the President on the recommendation of the Constitutional Council, after a parliamentary hearing.
- The Chief Justice’s term is six years (or until age 65, whichever comes first).
- Other Supreme Court justices are appointed by the President on the recommendation of the Judicial Council, also after a parliamentary hearing.
- The Supreme Court is a court of record and its interpretation of law is binding on all.
- Article 133 gives it extraordinary jurisdiction to issue writs (habeas corpus, mandamus, certiorari, prohibition, quo warranto) to protect fundamental rights.
3. Constitutional Bench
- Article 137 creates a Constitutional Bench in the Supreme Court.
- It has the Chief Justice and four other justices.
- It hears cases on disputes over jurisdiction between the federal, provincial and local governments, and on whether laws contradict the Constitution.
4. Judicial Council and Judicial Service Commission
| Body | Composition / role |
|---|---|
| Judicial Council (Article 153) | Chair: Chief Justice; members: Minister of Law and Justice, senior-most Supreme Court justice, a legal expert nominated by the Prime Minister, and a senior advocate nominated by the Nepal Bar Association. Recommends appointment, transfer and disciplinary action of judges. |
| Judicial Service Commission (Article 154) | Chair: Chief Justice. Appoints, transfers and promotes gazetted officers of the judicial service. |
- Judges of the Supreme Court can be removed by impeachment under Article 101.
- The first woman Chief Justice of Nepal was Sushila Karki (2073 BS).
5. Courts and their constitutional articles
| Court or body | Article | Key fact |
|---|---|---|
| Courts and their tiers | 127 | Supreme Court, High Courts (7) and District Courts (77) |
| Supreme Court | 128–137 | Highest court; Chief Justice serves up to 6 years; judges retire at 65 |
| Writ jurisdiction of the Supreme Court | 133 | Habeas corpus, mandamus, certiorari, prohibition, quo warranto |
| Constitutional Bench | 137 | Chief Justice and four judges; hears constitutional disputes |
| High Courts | 139–147 | One in each province; writ jurisdiction under Article 144 |
| Judicial Council | 153 | Chaired by the Chief Justice; recommends appointment of High and District Court judges |
| Judicial Service Commission | 154 | Appoints and transfers judicial service officers |
6. Special courts and tribunals
- Special Court: corruption and certain state cases filed by the CIAA.
- Administrative Court: service matters of government employees.
- Revenue Tribunal: tax and revenue disputes.
- Labour Court: disputes under labour law.
- Local judicial committees, chaired by the Deputy Mayor or Vice-Chairperson, settle small local disputes.
7. How this topic is asked in the exam
Objective questions ask the number of High and District Courts, the term and retirement age of judges, the articles on writs and who chairs the Judicial Council. Subjective questions ask about the independence of the judiciary or the role of the Constitutional Bench. Mention the relevant articles and recent debates on case backlogs and appointments.
📌 Key points to remember
- Judiciary is in Part 11 of the Constitution.
- Three tiers: Supreme Court, 7 High Courts, 77 District Courts.
- Supreme Court: Chief Justice plus up to 20 other justices.
- Chief Justice: appointed by the President on the Constitutional Council’s recommendation; term 6 years.
- Retirement age: Supreme Court 65; High and District Courts 63.
- Article 133: extraordinary (writ) jurisdiction.
- Article 137: Constitutional Bench of the Chief Justice and four justices.
- Judicial Council (Article 153) chaired by the Chief Justice; Judicial Service Commission (Article 154).
- First woman Chief Justice: Sushila Karki.
📝 Quiz
Test yourself: Judiciary of Nepal
Practise Structure of courts, Constitutional Bench and Judicial Council and Judicial Service Commission with 50 questions. Each attempt picks 25 at random.
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