Law: Meaning, Importance and Sources; Act, Rules, Regulation (Bylaws), Formation Order and Rajpatra

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📘 Kharidar syllabus: Paper III, Section C, Units 5.1 and 5.2 · Open the full Kharidar course

1. Meaning of law (कानून)

Law is the set of rules made or recognised by the state that regulate people’s behaviour, are enforced by the state and carry a penalty if broken. In short: rules + state authority + enforcement.

2. Importance of law

  • Keeps peace and order in society.
  • Protects rights and freedoms of citizens.
  • Controls the use of state power (rule of law).
  • Settles disputes fairly.
  • Guides government work, service delivery and development.
  • Brings social change, such as ending discrimination.

3. Sources of law (कानूनका स्रोतहरू)

SourceMeaning
ConstitutionThe supreme law; all other laws must follow it
Legislation (ऐन)Laws made by Parliament, Provincial Assemblies and local assemblies
Custom (प्रथा/परम्परा)Long-accepted practices recognised by law
Judicial precedent (नजिर)Principles laid down by the Supreme Court; binding on lower courts and offices (Article 128(4))
Juristic writings and equityOpinions of legal experts and principles of fairness that guide courts

4. Types of legal instruments

InstrumentWho makes itExample and notes
ऐन (Act)Federal Parliament or Provincial Assembly; certified by the President or the Province Head (local assemblies make local laws)Civil Service Act 2049
नियम / नियमावली (Rules)Government of Nepal (Council of Ministers) under power given by an ActCivil Service Rules 2050; they explain how to implement the Act
विनियम / विनियमावली (Regulation / bylaws)An autonomous body, corporation, board or university under its parent ActEmployees’ service bylaws of a corporation
गठन आदेश (Formation Order)Government, under an Act, to create a bodyOrder establishing a development board or committee
राजपत्र (Rajpatra / Nepal Gazette)Published by the government printing officeOfficial publication of laws, rules, orders and notices
  • Rules and regulations are delegated (secondary) legislation: they cannot go against the Act or the Constitution.
  • Publication in the Nepal Rajpatra gives official notice; most rules and orders take effect from the date stated or from publication.
  • Hierarchy: Constitution → Act → Rules → Regulations/bylaws → directives (निर्देशिका) and procedures (कार्यविधि).

5. Act, Rules and Regulation compared

PointAct (ऐन)Rules (नियमावली)Regulation (विनियमावली)
Made byParliament or Provincial AssemblyGovernment (Council of Ministers)Autonomous body, corporation or university
Power comes fromThe ConstitutionThe parent ActThe parent Act of that body
LevelPrimary lawDelegated (secondary) lawDelegated law for one body
CoversMain policy, rights, duties, offencesHow to carry out the ActInternal matters such as staff service conditions
ExampleCivil Service Act, 2049Civil Service Rules, 2050A corporation’s employees’ service regulation

6. How a federal bill becomes an Act

  • Drafting: the concerned ministry prepares the bill, with comments from the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Finance if money is involved.
  • Cabinet approval: the Council of Ministers approves the bill to be tabled.
  • Tabling: it is registered in either house. A finance (money) bill can be introduced only in the House of Representatives.
  • Discussion and committee study: members discuss it, and the related committee may study it clause by clause and suggest amendments.
  • Passage by both houses: the bill passed by one house goes to the other house.
  • Certification: the President certifies (प्रमाणीकरण) the bill under Article 113, usually within 15 days. It then becomes an Act.
  • Publication: the Act is published in the Nepal Rajpatra and comes into force on the date it states.

7. Main types of law

TypeMeaningExample
Public lawRelations between the state and peopleConstitutional law, administrative law
Private lawRelations between private personsContract, property, family matters
Substantive lawSets rights, duties and offencesMuluki Criminal Code, 2074
Procedural lawSets how cases are run in courtCriminal Procedure Code, 2074
Civil lawDisputes between persons, usually for compensation or rightsLand disputes, contracts
Criminal lawOffences against society, with punishment by the stateTheft, murder, corruption

8. How this topic is asked in the exam

  • Objective: the Nepali names (ऐन, नियमावली, विनियमावली, गठन आदेश, राजपत्र), the hierarchy of laws, and the sources of law.
  • Short answer: “Write the meaning and importance of law” or “Differentiate between Act and Rules.” Use the table in section 5.
  • Long answer: “Explain the sources of law” or “How is an Act made?” Use sections 3 and 6.

📌 Key points to remember

  • Law = state-made or recognised rules enforced with penalty.
  • Sources: Constitution, legislation, custom, judicial precedent, juristic writings.
  • Supreme Court precedents are binding (Article 128(4)).
  • Act by legislature; Rules by government under an Act; Regulations by autonomous bodies; Formation Order creates a body.
  • Rajpatra = official Gazette where laws and orders are published.
  • Lower instruments cannot go against higher ones.
📝 Quiz

Test yourself: Law

50 questions check what you read about Meaning of law (कानून), Sources of law (कानूनका स्रोतहरू) and Types of legal instruments. Each attempt picks 25 at random.

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