Judgment Reviews Law at Nepal
Nepal's judicial review system is a cornerstone of its constitutional framework, ensuring that laws, government actions, and decisions align with the Constitution and uphold fundamental rights.
⚖️ Judicial Review in Nepal
The Supreme Court of Nepal holds the authority to review the constitutionality of laws and government actions. Article 133(1) of the Constitution empowers the Court to declare any law or part of it void if it is inconsistent with the Constitution or imposes unreasonable restrictions on fundamental rights. This provision allows any Nepali citizen to file a petition for judicial review
The Court exercises this power through various mechanisms:
Writ Jurisdiction: The Supreme Court can issue writs such as Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto to enforce fundamental rights and address legal violations
Review of Own Judgments: Under Article 133(4), the Court can review its own judgments if new evidence emerges or if the decision contradicts established legal principles
Revision of Court of Appeal Decisions: The Court can revise final decisions of the Court of Appeal on grounds such as serious errors in constitutional interpretation or misinterpretation of precedents
🏛️ Structure and Jurisdiction
The Supreme Court is the apex judicial body in Nepal, with the Chief Justice appointed by the President on the recommendation of the Constitutional CouncilIt has both original and appellate jurisdiction, including the power to hear appeals from the Court of Appeal and to settle cases involving public importance or constitutional interpretation
📌 Notable Cases
Pant v. Nepal (2007) The Supreme Court recognized the right of transgender individuals to self-identify their gender without requiring medical verification, establishing a "third gender" category
Rukshana Kapali's Case (2024) After over 50 lawsuits, the Court ruled in favor of Rukshana Kapali, a trans woman, granting her legal recognition as a female on all documents, reinforcing the principle of self-declaration
⚠️ Limitations and Criticisms
While the judiciary plays a vital role in upholding constitutional principles, it faces challenge:
Judicial Activism The Court has been accused of overstepping its bounds, particularly in political matters, leading to debates about judicial supremacy versus constitutional supremacy
Political Sensitivity Decisions on political issues, such as government formations and party disputes, have sometimes led to criticisms from political parties, highlighting the delicate balance the judiciary must maintain
✅ Summary
Judicial Review Authority Exercised by the Supreme Court under Article 133(1) of the Constitutio.
Mechanisms Includes writ jurisdiction, review of own judgments, and revision of Court of Appeal decision.
Structure The Supreme Court has both original and appellate jurisdiction, with the Chief Justice appointed by the Presiden.
Limitations Challenges include accusations of judicial activism and political sensitivit. In conclusion, Nepal's judicial review system serves as a critical mechanism for ensuring that laws and government actions conform to the Constitution, protecting the rights of citizens and maintaining the rule of la.
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