Legal System of Nepal
Nepalese legal history trace back to Vedic literature from the time immemorial. Ancient law of Nepal was based on Hindu scriptures there was no difference between law and dharma. Supremacy of Law was important aspect of Hindu philosophy. Rule of law, Victim oriented legal system, Justice, Inquisitorial legal system, People participation in law making are some fundamental feature of Nepalese legal system. Nepal has developed her own legal system though there is mix influence of Hindu philosophy, Common and Civil Legal System. Civil Code of 1853 AD was totally based on religious values and prevailing custom of that time. It was the first codified law of Nepal which was later repealed by Civil Code 1963 AD
History of Nepalese legal system can be categorized as
- Legal system of Pre-historic period ( Gopal and Mahinsapal Dynasty) before 250 AD
- Legal system of Ancient Nepal ( Baise Chaubire Rajya - Lchaavi Dynasty)250 -1380 AD
- Legal system of Medivial Nepal ( Malla Dynasty)1380- 1768 AD
- Legal system of Unified Nepal ( Shah Dynasty) 1768 – 2008 AD
- Legal system of Modern Period ( 1950 AD-2005AD)
- Legal system of transitional period ( 1 February 2005-27 May 2008)
- Legal system of Republican Nepal ( 28 May 2008 onwards)
Constitutional Development in Nepal
- First Constitution of Nepal, Nepal Sarkar ko Bhaidhanik Kaanon (Government Act )was enacted in 1947 AD.
- Nepal Interim Sashan Bidhan, 1950 AD,
- Constitution of Kingdom of Nepal, 1958 AD
- Constitution of Nepal 1962 AD
- Constitution of the Kingdom of Nepal, 1990
- Interim Constitution of Nepal 2007 AD
Judiciary in Nepal
The Supreme Court of Nepal is the Apex Court composed of the Chief Justice of Nepal, fourteen Justices and Ad hoc Judges as per the necessity. The Court of Appeal is the second tier and District Court is the third tier in the hierarchy of the Courts in Nepal. Sixteen Court of Appeal in various geographical locations are established under the Supreme Court. The Court of Appeal is composed of the Chief Judge, Judges and Additional Judges. There are 75 District Courts. The District Courts are responsible for trying all the civil and criminal cases under their respective jurisdiction. Various tribunals, quasi-judicial bodies also exist in addition to impart justice.Since 1953 the lawyers started to practice law at the Nepalese courts. In the span of nearly 4 decades, today the Nepalese Bar has emerged as a strong organization. Nepal Bar Association is the central organization of the different Bar units. Supreme Court Bar Association, Appellate Court Bar Associations and District Court Bar Associations are established under the Nepal Bar Association. Presently, the Bar is administered by the Nepalese Bar Council headed by the Attorney General of Nepal. Until the promulgation of the Bar Council Act in 1992, lawyers were under the supervision and control of the Supreme Court. The Bar Council of Nepal is a policy making body, which is also responsible for conducting the qualifying tests to enter into the Bar. Besides, the Council has to work for the professional development of lawyers as well as to look into disciplinary matters relating to the Nepalese lawyers. Lawyers in Nepal are classified into three categories:
- Senior Advocate,
- Advocate
- Pleader.
About Nepal
Nepal is a landlocked country situated in South Asia, between China in North and India in South with an area of 147,181 sq km. Nepal has a population of more than 26 million people, made up of over 40 different races and tribes. The word "Nepal" was derived from the Sanskrit word “Nipalaya”, which means "at the foot of the mountains" a reference to its location in relation to the Himalayas. The country experiences diversity in topography, climate, culture, language, religion and lifestyle. Nepal’s weather is generally predictable and pleasant. Spring: March-May, summer: June-August, Autumn: September-November, Winter: December-February are four climatic seasons. The land is geographically divided into three regions namely Himalayan, Mountains and Terai. This mountain kingdom is multi-ethnic and multi-lingual.
Nepal has been a kingdom for over 1500 years from now. Modern Nepal was created from an amalgam of small principalities in 1768 by late King Prithvi Narayan Shah. Before Shah Dynasty Nepal had been ruled by the gopalbansha "Cowherd family", followed by the Mahinsapal or "Buffalo-herder Dynasty", Kirat, Licchavi and Malla . The land is rich with unique cultural groups like Brahmins (Priest) ,Chhetris(Warriors), Tharu, Yadav, Rajvanshi ,Maithali, Dhimal, Ahir, Newar, Tibetan, Gurung, Magar, Tamang, Thakali,Sunwar, Limbu, Bara-bhudha , Rukka, Rais, Satar, Sherpa, Kusunda, Chepang, Muslim and others. Aryan have always dominant role on one side and indigenous people have been able to preserve their social and cultural identity.
Religion in Nepal is not only a system of social coherence based on certain rituals and beliefs; rather it is the binding force that ties every one together. In Nepal equal respect is given to all religion. Hinduism is the largest, Buddhism is the second largest religion followed in Nepal, others being Tantrism, Islam and Christianity.
Nepal, because of her cultural diversity, observes at least seven new years a year. It may sound unbelievable but it's true. Nepalese celebrate the new year days of the Bikram Sambat, the Gregorian Calendar, the Tola Lhosar of Tamu Sambat, the Sonam Lhosar of Tamang Era, the Gyalbo Lhosar of Sherpa or Tibetan Era, the Nhoo Daya of Nepal Sambat and Lawa Sal of Tharu era, among others.