2.3.1 Salient Features of the Present Constitution of Nepal, Executive, Legislative, and Judiciary

August 12, 2025

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2.3.1 Salient Features of the Present Constitution of Nepal, Executive, Legislative, and Judiciary

Salient Features of Nepal's Present Constitution

The current Constitution of Nepal, passed through the Constituent Assembly by the sovereign Nepali people and issued and implemented on Ashoj 3, 2072, has undergone a first amendment on Falgun 16, 2072 (Articles 42, 84, and 286), and a second amendment on Ashad 4, 2077 (including the new "pointed" map in the coat of arms in Schedule 3 related to Article 9(2)).

Fundamental Features:

First constitution of Nepal created and issued by the Constituent Assembly,
Seventh constitution in Nepal's constitutional history,
35 parts, 308 articles, and 9 schedules,
Sovereignty and state power vested in the Nepali people,
Defined as a nation with multi-ethnic, multi-lingual, multi-religious, multi-cultural characteristics,
Defined as an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican state,
Secularism of a fundamental type, including protection of religion and culture practiced since ancient times, along with religious and cultural freedom,
Nepal's independence, sovereignty, territorial integrity, nationality, self-reliance, dignity, protection of Nepali interests, border security, economic progress, and prosperity mentioned as basic national interests,
All mother tongues spoken in Nepal recognized as national languages,
In addition to Nepali in Devanagari script, provinces can determine other national languages spoken by the majority as official languages,
Provisions for citizenship by descent, naturalized, honorary, and non-residential Nepali citizenship,
Provision for single federal citizenship with descent-based, gender identity, and provincial identity,
31 fundamental rights from Articles 16 to 46 (7 fully added and 3 modified/fragmented, totaling 10 added),
Provision for citizens' duties (4) in Article 48,
Part 4 includes directive principles (Article 50), state policies (13 in Article 51), and state obligations (Article 52) as guidelines for state operation,
Annual progress report on implementation of directive principles, policies, and obligations to be submitted by the Government of Nepal to the President, and by the President through the Prime Minister to the federal parliament; provision for a committee in the federal parliament to monitor and evaluate progressive implementation,
Main structure of the Federal Democratic Republic of Nepal consists of federal, provincial, and local levels (Article 56),
Under local level: rural councils, municipal councils, and district assemblies,
Distribution of state power between federal, provincial, and local levels as per Schedules 5 (35 items), 6 (21 items), and 8 (22 items); concurrent powers between federal and provincial in Schedule 7 (25 items), and among all three in Schedule 9 (15 items) (Article 57), with residual powers to the federal (Article 58),
President as head of state, promoter of national unity, guardian of the constitution,
President elected by an electoral college consisting of members of federal parliament and provincial assemblies,
Vice-President to perform presidential duties in the President's absence,
President and Vice-President from different genders or communities,
President takes oath of office and secrecy before the Chief Justice, Vice-President before the President,
Provincial Chief appointed by the President as representative of the Government of Nepal in each province,
Governance form: pluralism-based multi-party competitive federal democratic republican parliamentary system (Article 74),
Executive power of Nepal in the Council of Ministers (Article 75), provincial executive power in the Provincial Council of Ministers (Article 162), local executive power in rural/municipal executive (Article 214),
President appoints Prime Minister from the House of Representatives, Council of Ministers formed under their chairmanship (Article 76), federal Council of Ministers up to 25 members, provincial up to 20% of total provincial assembly members, inclusive principle,

Additional Information on Council of Ministers Formation

President appoints leader of parliamentary party with majority in House of Representatives (single majority) or,
If no majority, member of House with support from other parties to gain majority (coalition) or,
If still no, leader of party with most members in House (minority) or,
Member presenting basis to obtain vote of confidence as Prime Minister.
Last three appointed Prime Ministers must obtain vote of confidence within 30 days (Article 76). Similar process in provinces by Provincial Chief (Article 168),
Person not member of federal parliament appointed minister must obtain membership within six months from oath (provincial assembly in provinces),
Bicameral federal legislature/federal parliament with House of Representatives and National Assembly (Part-8), unicameral provincial assembly in provinces (Part-14), local legislative power in rural/municipal assemblies (Part-18),
275 members in House of Representatives, 59 in National Assembly, total 550 in all provincial assemblies,

Additional Information:

165 directly elected and 110 proportional, totaling 275 in House; 330 direct and 220 proportional, totaling 550 in provincial assemblies,
Electoral college of provincial assembly members, rural municipal chairs/vice-chairs, municipal mayors/deputies elects 56 members (8 per province including at least 3 women, 1 Dalit, 1 disabled or minority); plus 3 nominated by President on government recommendation including at least 1 woman, totaling 59 permanent National Assembly,
Term of House, provincial assembly, rural/municipal/district assembly: 5 years; National Assembly members: 6 years,
Federal parliament sessions summoned and prorogued by President, provincial by Provincial Chief,
Provisions for vote of confidence and no-confidence (Article 100) and impeachment (Article 101),
Impeachment recommendation committee in House to investigate grounds for impeachment,

Additional Information:

Impeachable officials: President, Vice-President, Chief Justice, Supreme Court judges, Judicial Council members, constitutional body chiefs or officials,
One-fourth of total House members can propose impeachment (same for all),
For President or Vice-President: Grounds - serious violation of constitution and law. Required: At least two-thirds majority of total members in both federal houses for removal.
For others: Grounds - serious violation of constitution and law, lack of competence or bad conduct, failure to perform duties honestly, or serious violation of code of conduct. Required: At least two-thirds majority in House for removal.
Federal legislative procedure (Part 9), provincial (Part 15), local per provincial law (Article 226),
Federal financial procedure (Part 10), provincial (Part 16), local (Part 19),
Judicial powers exercised by courts and judicial bodies per constitution, laws, and recognized justice principles,
Supreme Court, High Court, District Court, local judicial committees (Article 217), plus other bodies as needed,
Supreme Court as court of record, all courts and judicial bodies under Supreme Court unless otherwise provided, final authority to interpret constitution and law,
Chief Justice plus up to 20 judges in Supreme Court,
Under extraordinary jurisdiction, Supreme Court can issue habeas corpus, certiorari, prohibition, mandamus, quo warranto, and other appropriate orders (Article 133),
'Special' cases heard by constitutional bench of Chief Justice and four other judges recommended by Judicial Council and designated by Chief Justice (Article 137),
5-member Judicial Council chaired by Chief Justice for recommendations on judge appointments, transfers, discipline, dismissal, and justice administration (Article 153),

Judicial Council:

(a) Chief Justice – Chair
(b) Federal Minister for Law and Justice – Member
(c) Senior-most Supreme Court judge – Member
(d) One jurist appointed by President on Prime Minister's recommendation – Member
(e) Senior advocate or advocate with at least 20 years experience appointed by President on Nepal Bar Association's recommendation – Member

Provision for Judicial Service Commission to recommend appointments, transfers, promotions, departmental punishments in gazetted posts of federal judicial service (Article 154),

Judicial Service Commission:

(a) Chief Justice – Chair
(b) Federal Minister for Law and Justice – Member
(c) Senior-most Supreme Court judge – Member
(d) Public Service Commission Chair – Member
(e) Attorney General – Member

Attorney General appointed by President on Prime Minister's recommendation as chief legal advisor to Government of Nepal,
Chief Attorney General in each province appointed by Provincial Chief on Chief Minister's recommendation under Attorney General,
Inter-Provincial Council chaired by Prime Minister, with Home Minister, Finance Minister, and concerned Chief Ministers as members to resolve political disputes between federal and provinces, and among provinces (Article 234),
13 constitutional bodies (Parts 21-27, Articles 238-264),

Additional Information:

Commission for Investigation of Abuse of Authority (Part 21, Articles 238, 239), Auditor General (Part 22, Articles 240, 241), Public Service Commission (Part 23, Articles 242, 243, 244), Election Commission (Part 24, Articles 245, 246, 247), National Human Rights Commission (Part 25, Articles 248, 249), National Natural Resources and Fiscal Commission (Part 26, Articles 250, 251), and other commissions in Part 27: National Women Commission (Articles 252, 253, 254), National Dalit Commission (Articles 255, 256, 257), National Inclusion Commission (Articles 258, 259, 260), Indigenous Peoples Commission (Article 261), Madhesi Commission (Article 262), Tharu Commission (Article 263), Muslim Commission (Article 264) (acronym: ANIMAPRAMADAS AAMTHA),
National Security Council to formulate policies on national interest, security, defense, and mobilize or control Nepali Army, recommending to Government of Nepal, Council of Ministers (Article 266),

National Security Council:

(a) Prime Minister – Chair
(b) Defense Minister – Member
(c) Home Minister – Member
(d) Foreign Minister – Member
(e) Finance Minister – Member
(f) Chief Secretary – Member
(g) Chief of Army Staff – Member
Secretary of Defense Ministry – Member-Secretary

President can declare or issue emergency orders applicable to whole or part of Nepal if grave crisis arises due to war, external aggression, armed rebellion, extreme economic disarray, natural calamity, or epidemic threatening sovereignty, territorial integrity, or security (Article 273),
Constitution can be amended without adversely affecting sovereignty, territorial integrity, independence, and sovereignty vested in people (Article 274),
Referendum possible on issues of national importance (Article 275),
Right to conclude treaties or agreements vested in federal (Article 278),
Treaties on peace and friendship, security and strategic relations, Nepal's boundaries, natural resources and distribution of their use must be ratified, acceded to, accepted, or approved by at least two-thirds of total members in both federal houses (Article 279),
If both President and Vice-President posts vacant, Speaker of House performs duties until election (Article 67),
Constitutional Council to recommend appointments for Chief Justice, constitutional body chiefs and officials,

Constitutional Council:

(a) Prime Minister – Chair
(b) Chief Justice – Member
(c) Speaker of House – Member
(d) Chair of National Assembly – Member
(e) Leader of Opposition in House – Member
(f) Deputy Speaker of House – Member
For Chief Justice recommendation, Federal Minister for Law and Justice as member.

Election Constituency Delimitation Commission to delimit constituencies for federal parliament and provincial assembly members (review every 20 years) (Article 286),

Election Constituency Delimitation Commission:

(a) Retired Supreme Court judge – Chair
(b) One geographer – Member
(c) One sociologist or anthropologist – Member
(d) One administrator or jurist – Member
(e) Special class officer of Government of Nepal – Member-Secretary
Population as main basis, geography as second; review every 20 years.

Language Commission to determine bases for recognition as official languages, measures for protection, promotion, development of languages, recommend to Government of Nepal (Article 287),
Special citizenship provision for positions of President, Vice-President, Prime Minister, Chief Justice, Speaker of House, Chair of National Assembly, Provincial Chief, Chief Minister, Speaker of Provincial Assembly, security agency chiefs: citizenship by descent (Article 289),
Parliamentary hearing before appointment to Chief Justice, Supreme Court judges, Judicial Council members, constitutional body chiefs/officials, ambassadors (Article 292),
Constitutional bodies submit annual reports to President, who presents to federal parliament through Prime Minister (Article 294).

Important Matters in the Preamble of Nepal's Constitution

Maintaining Nepal's independence, sovereignty, territorial integrity, national unity, self-reliance, dignity intact, embracing people's sovereign rights, autonomy, and self-governance,
Remembering the glorious history of historical people's movements, armed struggles, sacrifices, and martyrdom for national interest, democracy, and progressive change; honoring martyrs, disappeared, and victim citizens,
Ending all forms of discrimination and oppression created by feudal, autocratic, centralized, unitary state system,
Embracing multi-ethnic, multi-lingual, multi-religious, multi-cultural, geographical diversity; protecting and promoting unity in diversity, social cultural solidarity, tolerance, harmony; ending class, ethnic, regional, linguistic, religious, gender discrimination and all racial untouchability, ensuring economic equality, prosperity, social justice through proportional inclusive and participatory principles to build equitable society,
Committed to socialism based on democratic values and norms including competitive multi-party democratic governance, civil liberties, fundamental rights, human rights, adult suffrage, periodic elections, full press freedom, independent, impartial, competent judiciary, rule of law, to build prosperous nation,
Fulfilling aspirations for sustainable peace, good governance, development, prosperity through federal democratic republican governance.

Executive

The executive, known as Council of Ministers or government, is primarily the organ that implements laws made by the legislature. Additionally, the executive performs the following functions:

Implementation of policies on development, currency, finance, economy, tax, employment, industry, labor, foreign affairs,
Mobilization of state organizations like army, police, administration,
Formulating government bills and presenting to legislature,
Punishing violators of criminal law,
Conducting regular, emergency, and developmental works,
Maintaining peace and order in society,
Providing public services,
Preparing and implementing budget, conducting country's economic administration,
Managing foreign relations, concluding treaties, making nation globally known,
Performing quasi-judicial and quasi-legislative functions.

Nepal's constitution provides for federal executive, provincial executive, and local executive in Parts 7, 13, 17 respectively.

Federal Executive (Part-7):

Executive power of Nepal vested in Council of Ministers per constitution and federal law (Article 75),
General direction, control, operation of Nepal's governance under constitution and law by Council of Ministers,
All federal executive works in name of Government of Nepal,
Authentication of decisions or orders in name of Government of Nepal per federal law,
Work allocation and performance of Government of Nepal per approved rules.

Formation of Council of Ministers (Article 76)

President appoints Prime Minister from House members per following process, Council of Ministers formed under their chairmanship.

Leader of parliamentary party with majority in House, or
House member with support from two or more parties to gain majority, or
Leader of party with most members in House, or
Member presenting basis to obtain vote of confidence.
Last three must obtain vote of confidence within 30 days.
If last appointed Prime Minister fails or no appointment, on Prime Minister's recommendation, President dissolves House and sets election date within 6 months.
Process for Prime Minister appointment completed within 35 days of final election result or vacancy.
President forms Council of Ministers up to 25 members including Prime Minister from federal parliament members per inclusive principle on Prime Minister's recommendation.
Ministers individually accountable to Prime Minister for ministry work, Prime Minister and ministers collectively to federal parliament.
Person not federal parliament member can be appointed minister, must obtain membership within 6 months from oath, otherwise ineligible for minister during that term.
Prime Minister, Deputy Prime Minister, Minister take oath before President; State Minister, Assistant Minister before Prime Minister.

Provincial Executive (Part-13)

Provincial executive power vested in Provincial Council of Ministers per constitution and provincial law.
If provincial executive not in place due to federal rule, Provincial Chief exercises executive power per Government of Nepal's direction.
General direction, control, operation of provincial governance by Provincial Council of Ministers.
Provincial executive works in name of provincial government.
Provincial executive power per Schedules 6, 7, 9.
For concurrent matters, in coordination with Government of Nepal unless explicitly stated in constitution or federal law.
Authentication of decisions or orders in provincial government name per provincial law.
Work allocation and performance per approved rules.

Provisions on Provincial Chief (Article 163)

Provincial Chief as representative of Government of Nepal in each province appointed by President.
Term 5 years unless removed earlier by President.
Same person not Provincial Chief in same province more than once.
Eligible: Qualified for federal parliament member, 35 years old, not disqualified by law.

Formation of Provincial Council of Ministers (Article 168)

Provincial Chief appoints from provincial assembly members per following process, Provincial Council of Ministers formed under their chairmanship.

Leader of parliamentary party with majority in provincial assembly, or
Assembly member with support from two or more parties to gain majority, or
Leader of party with most members, or
Member with basis to obtain vote of confidence.
Last three must obtain vote of confidence within 30 days.
If fails or no appointment, on Chief Minister's recommendation, Provincial Chief dissolves assembly and sets election date within 6 months.
Process completed within 35 days of final election result or vacancy.
Provincial Chief forms Provincial Council of Ministers up to 20% of total assembly members including Chief Minister per inclusive principle on Chief Minister's recommendation.
Ministers individually accountable to Chief Minister, Chief Minister and ministers collectively to provincial assembly.
Person not assembly member can be appointed minister, must obtain membership within 6 months, otherwise ineligible.
Chief Minister, Minister take oath before Provincial Chief; State Minister, Assistant Minister before Chief Minister.

Local Executive (Part-17)

Local executive power vested in rural or municipal executive per constitution and federal law.
Local executive power per Schedules 8, 9.
General direction, control, operation of rural/municipal governance by rural/municipal executive.
Executive works in name of rural/municipal executive.
Authentication per local law.
Work allocation and performance per approved rules.

Formation of Rural Executive (Article 215)

Rural executive chaired by chair, including vice-chair, ward chairs, 4 women members elected by rural assembly from among themselves within 15 days of final election result, 2 from Dalit or minority elected by assembly.

Formation of Municipal Executive (Article 216)

Municipal executive chaired by mayor, including deputy mayor, ward chairs, 5 women members elected by municipal assembly from among themselves within 15 days, 3 from Dalit or minority elected by assembly.

Qualifications for Local Representatives

Nepali citizen,
21 years old,
Name in voter list of rural/municipality,
Not disqualified by law.

Term: 5 years from election.

Person elected twice as municipal mayor or rural chair cannot be candidate again.
If more than 1 year term left when mayor/deputy or chair/vice-chair vacant, by-election for remaining term.

Legislature

The legislature is the representative organ that makes laws per people's will.

In democratic systems, laws must be made by legislature.

Legislature can delegate rule-making authority (delegated legislation) to executive or others with or without conditions to fulfill act's purpose.

Legislature cannot delegate defining offenses, determining punishments, imposing taxes, forming courts and their jurisdiction, outlining main state bodies and officials' duties, procedures, prosecuting cases.

Main Functions of Legislature:

Represent people, make laws per public sentiment,
Form and remove government (no-confidence motion),
Make government accountable (prevent autocracy),
Approve budget and public expenditures,
Monitor government activities,
Implement limited government concept,
Ratify treaties,
Conduct parliamentary hearings,
Impeach constitutional officials.

Nepal's constitution provides for federal legislature, provincial legislature, local legislature in Parts 8, 14, 18 respectively.

Federal Legislature (Part-8)

Bicameral federal legislature/federal parliament with House of Representatives and National Assembly.

Formation of House of Representatives (Article 84)

165 direct, 110 proportional, totaling 275 members.
165 constituencies based on population, geography, specificity; one per constituency by first-past-the-post.
110 by proportional representation treating whole country as one constituency.
For proportional, parties submit closed lists ensuring representation of women, Dalit, indigenous, Khas Arya, Madhesi, Tharu, Muslim, backward regions based on population, geography, provincial balance.
Election by secret ballot.
Every Nepali citizen 18+ has voting right.
One person candidate in only one constituency.
At least one-third women in party's total members (supplement from proportional if not from direct).
Term 5 years unless dissolved earlier.
Can extend by up to 1 year during emergency.

Formation of National Assembly (Article 86)

Permanent house with 59 members (56+3).

Electoral college of provincial assembly members, rural chairs/vice-chairs, municipal mayors/deputies elects 56 (8 per province including at least 3 women, 1 Dalit, 1 disabled/minority).
3 nominated by President on government recommendation including at least 1 woman.
Term 6 years; one-third expire every 2 years.

Qualifications for Federal Parliament Members

Nepali citizen,
25 years for House, 35 for National Assembly,
No conviction in moral turpitude criminal offense,
Not disqualified by federal law,
Not holding office of profit.

Vacancy of Seat

Written resignation to Speaker/Chair,
Lacks qualification,
Term ends,
Absent from 10 consecutive meetings without notice,
Party notifies defection,
Death.

Final decision on disqualification by Supreme Court's constitutional bench.
Within 15 days of first meeting, elect Speaker/Deputy Speaker (including one woman, from different parties for House), Chair/Vice-Chair for National Assembly.
President summons federal parliament session within 30 days of House election final result, can summon/prorogue sessions.
Interval between sessions not more than 6 months.
Quorum: one-fourth of total members,
House and National Assembly can form committees (single or joint) per federal law.

Vote of Confidence and No-Confidence (Article 100)

Prime Minister can seek vote of confidence anytime if deemed necessary.
Must seek within 30 days if party splits or coalition partner withdraws support.
One-fourth members can propose no-confidence in writing.
No no-confidence within first 2 years of appointment or 1 year after failed motion.
No-confidence passes by majority of total House members, Prime Minister removed.

Impeachment (Article 101)

Officials: President, Vice-President, Chief Justice, Supreme Court judges, Judicial Council members, constitutional body chiefs/officials,
Proposal by one-fourth House members (same for all),
For President/Vice-President: Grounds - serious violation of constitution/law. Required: Two-thirds of total members in both houses.
For others: Grounds - serious violation, incompetence, bad conduct, failure to perform duties honestly, code violation. Required: Two-thirds in House.

Privileges of Federal Parliament (Article 103)

Article 103 provides for privileges of both houses:

Full freedom of speech; no arrest, detention, court action for speech or vote in house.
Full authority to decide proceedings and decisions; no court question on regularity.
No comment questioning good faith of proceedings, no false/misleading publication.
No court action for publishing report, vote, proceeding under house authority.
No arrest during session except criminal charge.
Breach of privilege as contempt, decided by concerned house.
No discussion on sub-judice cases affecting justice or judge's judicial work.

Provincial Legislature (Part-14)

Unicameral provincial assembly (Article 175). Total members across assemblies: 550 (double House, 330+220).

Formation of Provincial Assembly (Article 176)

Double the number of House members from province by first-past-the-post,
60% of that number direct, 40% proportional.

Proportional representation, election process, voting right, candidacy qualification, term (normal and emergency), vacancy, filling pre-term vacancy, disqualification decision, Speaker/Deputy Speaker election, quorum, privileges, vote of confidence/no-confidence, debate ban, committee formation similar to House.

Local Legislature (Part-18)

Local legislative power vested in raural/municipal assemblies per constitution (Article 221).
Legislative power per Schedules 8, 9.

Formation of Rural Assembly (Article 222)

Rural assembly in each rural, municipal assembly in municipality.
Rural assembly: rural executive chair and vice-chair, ward chairs, 4 members per ward elected, 2 from Dalit/minority elected by assembly.
Municipal assembly: municipal executive mayor and deputy mayor, ward chairs, 4 members per ward, 3 from Dalit/minority elected by assembly.

Ward committee per ward with ward chair and 4 members, at least 2 women.
Election of mayor/deputy, chair/vice-chair, ward chair/members by first-past-the-post.
Voting right to 18+ in voter list of rural/municipality.

Qualifications for Rural/Municipal Assembly Members:

Nepali citizen,
21 years old,
Name in voter list,
Not disqualified by law.

Term: 5 years from election.

Law-Making:

Rural/municipal assemblies can make laws on subjects in Schedules 8, 9.
Procedure per provincial law.

Judiciary (Part-11)

The judiciary is considered the third and least dangerous organ of the state.

Legislature makes laws, executive implements, judiciary interprets constitution/laws and resolves disputes, providing dynamism to country.

It resolves legal disputes between individuals and between individuals and state.

It adjudicates justice based on constitutional and legal limits and procedures.

It controls when other organs are inactive or less accountable to people. Judicial activism increases if legislature/executive fail constitutional duties.

Judicial activism protects people's rights. It is guardian of personal liberty and constitution.

Main Functions of Judiciary:

Hear and decide cases,
Hear appeals on subordinate court decisions, issue orders against illegal government actions,
Maintain constitutional and legal supremacy, act as guardian of constitution,
Punish criminals, provide justice to victims,
Protect constitutional/legal rights through writ jurisdiction,
Issue directive orders in public interest disputes for social justice,
Inspect and supervise subordinate courts and quasi-judicial bodies.

Is Nepal's Judiciary Federal or Unitary?

"Unless otherwise provided in constitution" phrase, "all courts and judicial bodies under Supreme Court". But no other provision found. Nepal's justice system structurally appears federal but functionally unitary. Executive and legislature seen in all three levels, but justice system unitary and mixed. No separation, checks, balances between provincial assembly/executive and High Court. District court not parallel to local level. Debate on separate constitutional court during drafting ended with constitutional bench in Supreme Court. Thus, Nepal's judiciary is unitary.

Judicial powers exercised by courts/judicial bodies per constitution, laws, justice principles.

All must comply with court orders/decisions in cases.

Courts (Article 127)

Supreme Court,
High Court,
District Court.

Additionally, other bodies for local judicial or alternative dispute resolution as needed.

(a) Supreme Court (Article 128)

Court of record,
All courts/judicial bodies under Supreme Court unless otherwise provided,
Final authority to interpret constitution and law.
Can inspect, supervise, give directions on justice administration/management of itself, subordinate courts, specialized courts, judicial bodies.
All must follow constitutional/legal interpretation or legal principles by Supreme Court in cases.
Can punish for contempt if obstructs justice or disobeys order/judgment per law.

Appointment and Qualifications of Chief Justice and Supreme Court Judges

Up to 20 judges besides Chief Justice.
Chief Justice appointed by President on Constitutional Council recommendation, other judges on Judicial Council recommendation.
Person with at least 3 years as Supreme Court judge eligible for Chief Justice.
Chief Justice term: 6 years.

Qualifications for Supreme Court Judges: Bachelor's in law and

At least 5 years as High Court chief/judge, or
At least 15 years as senior advocate/advocate, or
At least 15 years in justice/law field as renowned jurist, or
At least 12 years in gazetted first class or above in judicial service.

Vacancy of Post:

Written resignation to President,
Age 65,
Impeachment per Article 101,
Removed by President on Constitutional Council (for Chief Justice) or Judicial Council recommendation for physical/mental incapacity,
Conviction in criminal offense involving moral turpitude,
Death.

Jurisdiction of Supreme Court (Article 133)

Extraordinary Power to Declare Invalid and Void:

Any Nepali citizen can petition Supreme Court to declare law or part invalid if fundamental right unreasonably restricted, or law conflicts with constitution (constitutionality test), or provincial law conflicts with federal, or local law with federal/provincial.
If conflict, declare invalid from inception or decision date (Article 133(1)).

Extraordinary Power to Issue Necessary Orders:

For enforcement of fundamental rights, or
For legal right where no or inadequate/ineffective remedy, or
For settling legal question in public right/concern dispute.

Extraordinary Power to Issue Writ Orders:

Under extraordinary jurisdiction, Supreme Court can issue:

Habeas corpus: Order to release from illegal detention.
Mandamus: Order to do as per law.
Certiorari: Quash illegal action.
Prohibition: Stop illegal ongoing/planned action.
Quo warranto: Remove from illegal office.
Other appropriate orders as needed.

Other Adjudication Powers:

Original jurisdiction,
Appellate,
Review evidence,
Revise cases,
Hear petitions,
Review own judgments/final orders,
Appeal from High Court original cases,
Public importance issue involving constitutional/legal interpretation, or
Cases recommended by High Court with opinion,
Additional per federal law.

Constitutional Bench (Article 137)

Chief Justice plus 4 other judges recommended by Judicial Council, designated by Chief Justice.

Handles petitions under Article 133(1), plus:

Disputes on jurisdiction between federal-province, province-province, province-local, local-local.
Election disputes for federal parliament or provincial assembly members, disqualification.
If serious constitutional interpretation in pending case, Chief Justice can assign to bench.
Other per Supreme Court determination.

High Court (Article 139)

One High Court per province.
Chief Judge plus number of judges per federal law.

Appointment and Qualifications of Chief Judge and Judges:

Appointment: Chief Justice appoints on Judicial Council recommendation.

Qualifications: Bachelor's in law, Nepali citizen

At least 5 years as district judge, or
At least 10 years as senior advocate/advocate, or
At least 10 years teaching, research in law, or other justice/law field, or
At least 5 years in gazetted first class in judicial service.

Jurisdiction of High Court (Article 144)

Power to Issue Necessary Orders

For enforcement of fundamental rights, or
For legal right where no/inadequate remedy, or
For legal question in public right/concern dispute.

Power to Issue Writ Orders

Any appropriate order.

Habeas corpus,
Mandamus,
Certiorari,
Prohibition,
Quo warranto, etc.

Other Powers

Original jurisdiction, appeals, evidence review per federal law.
Other procedure per federal law.

District Court (Article 148)

One district court per district.
Local level judicial bodies per provincial law under district court.
District court can inspect, supervise, direct subordinate bodies.

Appointment and Qualifications of District Judge

Appointment by Chief Justice on Judicial Council recommendation.

Vacancies filled as:

Bachelor's in law, Nepali citizen
20% of vacancies from officers with at least 3 years in gazetted second class based on seniority, qualification, performance,
40% from officers with 3 years in second class by open competitive exam,
40% from advocates with 8 years practice, judicial service gazetted with 8 years, or 8 years in teaching/research/law/justice by open exam.

Judicial Service Commission conducts written/oral exams, recommends to Judicial Council per merit.

Age Limit:

Chief Justice/Supreme judges: 65
High Court chief/judges: 63
District judges: 63

Written Resignation:

Chief Justice/Supreme judges: To President
High Court chief/judges: To Chief Justice
District judges: To Chief Justice

Jurisdiction of District Court:

Original jurisdiction in cases,
Habeas corpus, injunction per law,
Appeals from quasi-judicial bodies per law,
Appeals from local judicial bodies per provincial law,
Contempt action if obstructs justice or disobeys,
Other per federal law.

Judicial Committee (Article 217)

To resolve disputes in jurisdiction per law, three-member judicial committee in each rural chaired by vice-chair, municipality by deputy mayor.
Two members elected by rural/municipal assembly from among themselves.

Judicial Council (Article 153)

To recommend or advise on judge appointments, transfers, discipline, dismissal, other justice administration.

(a) Chief Justice – Chair
(b) Federal Law and Justice Minister – Member
(c) Senior-most Supreme judge – Member
(d) Jurist appointed by President on PM recommendation – Member
(e) Senior advocate/advocate with 20+ years appointed by President on Nepal Bar recommendation – Member

Member term 4 years, remuneration like Supreme judge.
Removed like Supreme judge.

Judicial Service Commission (Article 154)

Appointments, transfers, promotions, departmental punishments in gazetted judicial service posts per Commission's recommendation.

(a) Chief Justice – Chair
(b) Federal Law and Justice Minister – Member
(c) Senior-most Supreme judge – Member
(d) Public Service Commission Chair – Member
(e) Attorney General – Member

Local Level Judicial Committee

To resolve disputes in jurisdiction per law, three-member judicial committee in rural chaired by vice-chair, municipality by deputy mayor (Article 217).
Two members elected from rural/municipal assembly.

Interrelationship Between Legislature and Executive

Legislature and executive have separation as well as interrelationship. Per separation of powers, legislature makes laws, executive implements. Per checks and balances, executive can issue orders/ordinances.

In parliamentary system, unlike presidential, parliament forms and removes government. Separation weaker.

In presidential, no parliament role in government formation. Clear separation. Parliament controls via laws. President has order-issuing powers in some matters.

In Nepal's federal democratic republic, interrelationship:

a) Federal Level

Government formation by parliament (Article 76), Prime Minister/ministers accountable to federal parliament,
President summons/prorogues parliament (Article 93),
Parliament can remove Prime Minister via no-confidence (Article 100),
Government can issue ordinances (Article 114),
Treaties ratified by parliament (Article 279),
Government expenditures only on parliamentary approval,
Delegated legislation: Government makes rules, guidelines,
Government submits annual report to parliament (Article 53),

b) Provincial Level

Provincial government formation by assembly (Article 168), Chief Minister/ministers accountable to assembly,
Provincial Chief summons/prorogues assembly (Article 183),
Assembly removes Chief Minister via no-confidence (Article 188),
Provincial government issues ordinances (Article 202),
Provincial expenditures on assembly approval,
Delegated legislation: Provincial government makes rules, guidelines,

c) Local Level

6 members for rural executive, 8 for municipal elected by assembly (Articles 215, 216),
Rural municipal chair/vice-chair, municipal mayor/deputy ex-officio chair/deputy of assembly (Article 224),

Thus, constitution establishes interrelationship. Checks and balances adopted at federal/provincial, weaker at local.

Theoretical Aspect of Power Balance and Control, and Interrelationship Among Executive, Judiciary, Legislature in Nepal's Constitution with Power Balance and Control Provisions

State power distributed among executive, legislature, judiciary for operation with separation, checks, balances. Legislature makes laws, judiciary interprets, executive implements. Absolute separation may lead to arbitrariness; hence interdependency. Nepal's constitution has many balance/control provisions.

State of Power Control and Balance in Nepal's Constitution

Part 7, 8, 11 for executive, legislature, judiciary. Provisions:

1. Between Executive and Legislature

Executive	Legislature
Summons/ends parliament session (Article 93)	Appoints Prime Minister from House (Article 76)
Presents bills to parliament (Article 110)	Council of Ministers from federal parliament members (Article 76(9))
Issues ordinances (Article 114)	Prime Minister/ministers accountable to parliament (Article 76(10))
Dissolves parliament if no government alternative (Article 76(7))	Removes Council via no-confidence (Article 100) (but not first 2 years or 1 year after failure)
Provides resources/manpower for parliament operation.	Parliamentary approval for policies/programs, budget, bills, treaties, emergency,
	Committees monitor, direct,
	Parliamentary hearing for key appointments (Article 292)
	Monitoring constitutional bodies, annual reports (Articles 293, 294)

2. Between Judiciary and Legislature

Judiciary	Legislature
Judicial review of law constitutionality (Articles 133, 137)	Parliamentary hearing before Chief Justice, Supreme judges, Judicial Council appointments (Article 292)
Must follow interpretation/legal principles (Article 128(4))	Supreme Court, Judicial Council, Judicial Service Commission submit annual reports to parliament (Article 138)
Must comply with orders/decisions (Article 126(2))	Majority members in Constitutional Council for Chief Justice recommendation (Speaker, Chair, Deputy Speaker, Opposition Leader)
Ban on discussing sub-judice cases in parliament	Can establish specialized courts/tribunals per federal law (Article 152)
Can make law via precedents	Can impeach Chief Justice, Supreme judges, Judicial Council members (Article 101)
Extraordinary writ powers (Article 133)	No case for speech/vote in house (Article 103)
	Makes laws for justice administration.

3. Between Executive and Judiciary

Executive	Judiciary
Chief Justice appointed on Constitutional Council (chaired by PM) recommendation by President (Article 284)	Can invalidate unconstitutional/illegal policies, rules, decisions, appointments (Article 133)
2 government representatives in Judicial Council and Service Commission (Articles 153, 154)	Must comply with orders, judgments, principles (Article 128(4))
Provides budget/manpower to judiciary	Constitutional remedies for fundamental rights (Article 133)
Amnesty/postponement of punishments by President on Council recommendation	Directive orders in public interest cases (Article 133(2))
Compliance with work allocation rules not questioned in court
Makes judiciary-related policies.

Conclusion

Rather than absolute separation, effective governance achieved through interdependency per power balance/control, controlling risks of arbitrariness and autocracy.

Tags: Constitution and Law Officer-Second