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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)
| Source | Meaning |
|---|---|
| Constitution | The 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 equity | Opinions of legal experts and principles of fairness that guide courts |
4. Types of legal instruments
| Instrument | Who makes it | Example 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 Act | Civil Service Rules 2050; they explain how to implement the Act |
| विनियम / विनियमावली (Regulation / bylaws) | An autonomous body, corporation, board or university under its parent Act | Employees’ service bylaws of a corporation |
| गठन आदेश (Formation Order) | Government, under an Act, to create a body | Order establishing a development board or committee |
| राजपत्र (Rajpatra / Nepal Gazette) | Published by the government printing office | Official 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
| Point | Act (ऐन) | Rules (नियमावली) | Regulation (विनियमावली) |
|---|---|---|---|
| Made by | Parliament or Provincial Assembly | Government (Council of Ministers) | Autonomous body, corporation or university |
| Power comes from | The Constitution | The parent Act | The parent Act of that body |
| Level | Primary law | Delegated (secondary) law | Delegated law for one body |
| Covers | Main policy, rights, duties, offences | How to carry out the Act | Internal matters such as staff service conditions |
| Example | Civil Service Act, 2049 | Civil Service Rules, 2050 | A 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
| Type | Meaning | Example |
|---|---|---|
| Public law | Relations between the state and people | Constitutional law, administrative law |
| Private law | Relations between private persons | Contract, property, family matters |
| Substantive law | Sets rights, duties and offences | Muluki Criminal Code, 2074 |
| Procedural law | Sets how cases are run in court | Criminal Procedure Code, 2074 |
| Civil law | Disputes between persons, usually for compensation or rights | Land disputes, contracts |
| Criminal law | Offences against society, with punishment by the state | Theft, 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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