The Supreme Court of Nepal (Nepali: सर्वोच्च अदालत, Sarbochha Adalat) is the highest court in the country and the final authority on constitutional interpretation and legal disputes. Established in 2013 B.S. (1956 A.D.) after the end of the Rana regime, the Supreme Court sits at the apex of Nepal’s three-tier judicial system and exercises jurisdiction over all courts, tribunals, and judicial bodies in the country.
The Supreme Court consists of a maximum of 21 justices — one Chief Justice and 20 other justices. Its decisions are final, binding on all lower courts, and cannot be challenged in any other forum within Nepal. This guide covers the Court’s constitutional foundation, composition, jurisdiction, bench system, landmark functions, how cases reach the Supreme Court, and practical information for legal professionals and citizens.
The Supreme Court is established and governed by Part 11 of the Constitution of Nepal, 2015 (2072 B.S.), specifically Articles 128 through 139.
| Article | Subject | Key Provisions |
|---|---|---|
| 128 | Courts | Three-tier court system: Supreme Court, High Courts, District Courts |
| 129 | Appointment and qualifications | Chief Justice appointed by President on Constitutional Council recommendation; justices on Judicial Council recommendation |
| 130 | Supreme Court establishment | One Supreme Court for the whole of Nepal; located in Kathmandu |
| 131 | Other provisions | Transfer, restrictions on additional assignments |
| 133 | Jurisdiction | Extraordinary original jurisdiction (writs), appellate jurisdiction, constitutional questions |
| 134 | Power of review | Power to review its own judgments and orders |
| 137 | Constitutional Bench | Five-member bench for constitutional disputes, federal-provincial jurisdiction, election cases |
| 138 | Court of record | Permanent records of proceedings, judgments binding as precedent |
| 139 | Contempt of court | Power to punish for contempt to uphold judicial authority and dignity |
Nepal’s judicial history stretches back centuries, but the modern Supreme Court as an independent institution is relatively recent.
| Period | Court System | Key Development |
|---|---|---|
| Medieval (from 1320 A.D.) | Malla dynasty courts | Manav Nyayashastra by Jaya Sthiti Malla; Kotiling (civil) and Itachapali (criminal) courts |
| Rana era (1853–1951) | Muluki Ain 1910 B.S. | Kausal (supreme executive body), Sadar Courts, Jilla Adalat, Amal Adalat |
| 1951 | Interim Constitution | Supreme Court established for the first time; Chief Justice and 4 justices appointed by the King |
| 2013 B.S. (1956 A.D.) | Formal establishment | Supreme Court of Nepal formally inaugurated at Ram Shah Path, Kathmandu |
| 1990 | Constitutional monarchy | Expanded role with judicial review power and fundamental rights protection |
| 2007 (2063 B.S.) | Interim Constitution | Transition to republic; expanded writ jurisdiction |
| 2015 (2072 B.S.) | Current Constitution | Federal republic; Constitutional Bench created; Articles 128–139 define current structure |
The Supreme Court consists of the Chief Justice and a maximum of 20 other justices, for a total of 21 positions. The actual number of sitting justices fluctuates based on appointments and retirements.
| Position | Details |
|---|---|
| Chief Justice | Appointed by the President on the recommendation of the Constitutional Council. Must have served at least 3 years as a Supreme Court justice. Heads the judiciary, assigns benches, and chairs the Full Court. |
| Justices | Maximum 20. Appointed by the President on the recommendation of the Judicial Council. |
| Retirement age | 65 years (mandatory) |
| Resignation | Justices may resign at any time by submitting resignation to the President |
| Removal | Only through impeachment by a two-thirds majority of the House of Representatives |
| Administrative head | Chief Registrar (highest administrative officer of the court) |
Under Article 129, justices must meet one of the following qualification pathways:
| Pathway | Minimum Experience |
|---|---|
| High Court judge | 7 years of service as a High Court judge |
| Gazetted first-class judicial officer | 12 years in judicial service |
| Senior Advocate or Advocate | 15 years of legal practice |
| Distinguished jurist | 15 years in judicial or legal field |
Additionally, candidates must be citizens of Nepal, of high moral character, and not convicted of a criminal offense involving moral turpitude.
| Level | Court | Number | Judges | Retirement |
|---|---|---|---|---|
| Apex | Supreme Court | 1 | 21 max (incl. CJ) | 65 years |
| Appellate | High Courts | 7 (+ benches) | 160 | 62 years |
| Trial | District Courts | 77 | 287 | 63 years |
| Local | Judicial Committees | 753 | — | — |
Although Nepal adopted a federal structure in 2015, the judiciary remains unitary and integrated under Article 128. The Supreme Court supervises all courts and judicial bodies in the country, ensuring uniform application of law across all seven provinces.
Article 133 grants the Supreme Court the broadest jurisdiction of any court in Nepal. Its powers fall into six categories.
Under Article 133(1) and (2), the Supreme Court may issue the following writs to enforce fundamental rights or where no other legal remedy is available:
| Writ | Purpose | Common Application |
|---|---|---|
| Habeas corpus | Challenge unlawful detention | Ordering production of detained person before court |
| Mandamus | Compel government action | Directing officials to perform their legal duties |
| Certiorari | Quash unlawful decisions | Overturning decisions made without jurisdiction or in violation of law |
| Prohibition | Prevent exceeding jurisdiction | Stopping a lower court or body from acting beyond its authority |
| Quo warranto | Challenge authority to hold office | Questioning whether a person has legal right to hold a public office |
Any Nepali citizen may file a writ petition directly with the Supreme Court if their fundamental rights are violated or if no other adequate legal remedy exists. Public interest litigation (PIL) is also permitted, allowing individuals or organizations to file on behalf of the public.
The Supreme Court is the final court of appeal for all cases decided by the seven High Courts. Appeals may be filed on questions of law, questions of fact, or both, depending on the case type and applicable statute. Cases flow through the system as: District Court → High Court → Supreme Court.
The Supreme Court has the power to declare any law, ordinance, or provision that contradicts the Constitution as void ab initio. This judicial review power makes the Supreme Court the ultimate guardian of the Constitution. Any person whose fundamental right has been infringed by any law or government action may challenge it directly before the Supreme Court.
Under Article 134, the Supreme Court may review its own judgments and final orders. Review petitions must be filed within specified timeframes and on grounds including discovery of new evidence, error apparent on the face of the record, or any other sufficient cause.
The Supreme Court supervises all courts and judicial bodies in Nepal. It may inspect, give directions, and ensure proper functioning of High Courts, District Courts, specialized courts and tribunals, and local-level judicial committees.
The Supreme Court may initiate contempt proceedings and impose penalties against any person or institution that obstructs the administration of justice, disobeys court orders, or undermines the authority and dignity of the judiciary.
Cases at the Supreme Court are heard by different types of benches depending on the nature and significance of the case. The Chief Justice assigns justices to benches.
| Bench Type | Composition | Jurisdiction |
|---|---|---|
| Single Bench | 1 justice | Prima facie hearing of writ petitions; petitions against interim/interlocutory orders of lower courts; applications not falling under other benches |
| Division Bench | 2 justices | Most cases: appeals from High Courts, writ petitions under Article 133(2), review petitions, revision of High Court decisions. The primary working bench of the Supreme Court |
| Full Bench | 3+ justices | Cases where the Division Bench cannot reach unanimity; cases referred by the Chief Justice due to legal importance or complexity (Supreme Court Regulation 2074, Section 23) |
| Constitutional Bench | Chief Justice + 4 justices | Federal-provincial jurisdiction disputes; election disputes for Parliament/Provincial Assembly; disqualification of legislators; serious constitutional interpretation (Article 137) |
| Full Court | All sitting justices | Policy-making body of the judiciary. Formulates judicial policies, reform plans, and court management strategies. Chaired by the Chief Justice; decisions implemented by the Chief Registrar |
The Chief Justice of Nepal is the head of the entire judiciary and the fourth-highest-ranking official in Nepal’s order of precedence. The role carries both judicial and administrative responsibilities.
| Function | Details |
|---|---|
| Judicial leadership | Presides over Constitutional Bench; may sit in any bench; assigns justices to benches |
| Administrative oversight | Overall supervision of all courts and judicial bodies in Nepal |
| Judicial Council chair | Chairs the Judicial Council, which recommends appointment of judges to all courts |
| Full Court chair | Chairs the Full Court meetings that formulate judicial policy |
| Appointment | Appointed by the President on the recommendation of the Constitutional Council |
| Eligibility | Must have served minimum 3 years as a Supreme Court justice (Article 129) |
| Acting Chief Justice | If the position is vacant, the senior-most justice serves as Acting Chief Justice |
Beyond adjudicating individual cases, the Supreme Court performs several functions that shape Nepal’s legal and constitutional framework.
| Function | Significance |
|---|---|
| Guardian of the Constitution | Final authority to interpret the Constitution; may strike down unconstitutional laws, executive orders, and government actions |
| Court of record | Maintains permanent records of all proceedings; its judgments serve as binding precedent for all courts in Nepal (Article 138) |
| Rule-making power | May frame rules for the conduct of court proceedings, regulation of the bar, and administration of justice |
| Law-making recommendations | Through the Full Court, recommends new legislation and amendments relating to the administration of justice |
| Public interest litigation | Permits individuals and organizations to file cases in the public interest, expanding access to constitutional remedies |
There are four primary ways a case reaches the Supreme Court of Nepal:
| Route | Source | Requirements |
|---|---|---|
| Appeal from High Court | High Court judgment | Must be filed within prescribed time limits; may require leave of the court depending on case type |
| Writ petition (Article 133) | Direct filing | Fundamental rights violation or no other adequate remedy; any Nepali citizen may file |
| Constitutional Bench referral | Cases involving constitutional interpretation | Chief Justice assigns cases to the Constitutional Bench when serious constitutional questions arise |
| Review petition | Supreme Court’s own previous judgment | New evidence, error on face of record, or sufficient cause; filed within prescribed time limits |
| Detail | Information |
|---|---|
| Location | Ram Shah Path, Kathmandu, Nepal |
| Established | 2013 B.S. (1956 A.D.) |
| Maximum justices | 21 (1 Chief Justice + 20 justices) |
| Operating hours | Sunday–Friday during court session; schedule published by the Chief Registrar |
| Official website | supremecourt.gov.np |
| Mobile app | Supreme Court of Nepal app (available on Google Play) |
| Case status | Available online through the official website and mobile app |
| Cause list | Daily cause list published on the website showing scheduled hearings |
| Feature | Supreme Court | High Court | District Court |
|---|---|---|---|
| Number | 1 | 7 (+ benches) | 77 |
| Judges | 21 max (incl. CJ) | 160 | 287 |
| Primary role | Final appeal / constitutional | Appellate | Trial / first instance |
| Jurisdiction | Extraordinary writ; appeal from High Courts; constitutional review; contempt | Appeal from District Courts; provincial writ jurisdiction | Original civil and criminal jurisdiction |
| Retirement | 65 years | 62 years | 63 years |
| CJ/Judge appointment | President on Constitutional Council (CJ) / Judicial Council (justices) recommendation | President on Judicial Council recommendation | President on Judicial Council recommendation |
| Constitution articles | 128–139 | 140–147 | 148–151 |
While divorce cases are filed at the District Court and appealed to the High Court, the Supreme Court plays a critical role in shaping family law through landmark judgments, constitutional interpretation, and writ jurisdiction.
| Family Law Area | Supreme Court’s Role |
|---|---|
| Divorce law | Final interpretation of National Civil Code 2074 provisions on grounds for divorce, mutual consent, and contested proceedings |
| Child custody | Establishes binding precedent on “best interests of the child” standard; reviews custody disputes that reach the apex court |
| Property partition | Clarifies rules on joint vs ancestral property division; 50-50 principle under Section 95 |
| Women’s rights | Landmark judgments expanding women’s rights in marriage, divorce, inheritance, and maintenance |
| Constitutional challenges | Reviews writ petitions challenging family law provisions that may violate fundamental rights |
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| Challenge | Impact |
|---|---|
| Vacancy of justices | The Court rarely operates at full 21-justice capacity; prolonged vacancies reduce the number of benches from a potential 12–13 to as few as 7–8, creating backlogs |
| Case backlog | Over 150,000 pending cases across all court tiers nationally; the Supreme Court itself faces growing pendency in appeals and writ petitions |
| Political interference | Appointments have historically been influenced by political considerations; merit-based selection remains a challenge |
| Digital modernization | Online case status and mobile app launched, but full digital hearing and electronic filing still in development |
The Supreme Court of Nepal is the ultimate guardian of the Constitution, the final court of appeal, and the institution responsible for ensuring the rule of law across the country. With jurisdiction spanning extraordinary writs, appellate review, constitutional interpretation, and supervisory authority over all courts, its decisions shape every area of law — from family law and divorce to criminal justice, property rights, and constitutional governance. Understanding how the Supreme Court works, how cases reach it, and how its bench system operates is essential for anyone navigating the legal system of Nepal.
The Supreme Court of Nepal (सर्वोच्च अदालत) is the highest court in the country and the final authority on constitutional interpretation and legal disputes. Established in 2013 B.S. (1956 A.D.) at Ram Shah Path, Kathmandu, it sits at the apex of Nepal’s three-tier judicial system above the High Courts and District Courts.
The Supreme Court has a maximum of 21 justices — one Chief Justice and 20 other justices. The actual number of sitting justices varies based on appointments and retirements. Justices are appointed by the President on the recommendation of the Judicial Council, while the Chief Justice is appointed on the Constitutional Council’s recommendation.
The Supreme Court has: (1) extraordinary original jurisdiction to issue five types of writs (habeas corpus, mandamus, certiorari, prohibition, quo warranto), (2) appellate jurisdiction as the final court of appeal from all High Courts, (3) constitutional review power to declare laws void, (4) review jurisdiction over its own judgments, (5) supervisory jurisdiction over all courts, and (6) contempt jurisdiction.
The Supreme Court can issue five writs under Article 133: habeas corpus (challenging unlawful detention), mandamus (compelling government to act), certiorari (quashing unlawful decisions), prohibition (preventing bodies from exceeding jurisdiction), and quo warranto (challenging authority to hold office).
The Constitutional Bench consists of the Chief Justice and four other justices appointed by the Chief Justice on the Judicial Council’s recommendation (Article 137). It hears disputes between federal and provincial governments, election disputes for Parliament and Provincial Assemblies, legislator disqualification cases, and cases involving serious constitutional interpretation.
Supreme Court justices must retire at 65 years of age (mandatory). By comparison, High Court judges retire at 62 and District Court judges at 63. Justices may also resign by submitting resignation to the President, or be removed through impeachment by a two-thirds majority of the House of Representatives.
Yes. The Supreme Court has the power of judicial review — it can declare any law, ordinance, or government action that contradicts the Constitution as void ab initio. This makes the Supreme Court the ultimate guardian of the Constitution of Nepal, 2015.
Cases reach the Supreme Court through four routes: (1) appeal from a High Court judgment, (2) direct writ petition under Article 133 for fundamental rights violations, (3) Constitutional Bench referral for serious constitutional questions, and (4) review petition challenging the Supreme Court’s own previous judgment.
The Supreme Court operates five types of benches: Single Bench (1 justice — prima facie hearings), Division Bench (2 justices — most cases), Full Bench (3+ justices — complex or disputed cases), Constitutional Bench (5 justices including CJ — constitutional matters), and Full Court (all justices — judicial policy-making).
The Chief Justice is the head of the entire judiciary and the fourth-highest-ranking official in Nepal. The CJ presides over the Constitutional Bench, assigns justices to benches, chairs the Judicial Council (which recommends judge appointments), chairs the Full Court (judicial policy body), and has overall administrative oversight of all courts in Nepal.
Yes. As a court of record under Article 138, the Supreme Court’s decisions are final and binding on all courts and judicial bodies in Nepal. Its judgments serve as precedent that must be followed by High Courts, District Courts, specialized courts, and local judicial committees.
Yes, any Nepali citizen can file a writ petition directly with the Supreme Court under Article 133 if their fundamental rights are violated or if no other adequate legal remedy exists. The Supreme Court also permits public interest litigation (PIL), allowing individuals or organizations to file on behalf of the public.
Under Article 129, candidates must meet one of four pathways: (1) 7 years as a High Court judge, (2) 12 years as a gazetted first-class judicial officer, (3) 15 years as a Senior Advocate or Advocate, or (4) 15 years as a distinguished jurist. All candidates must be Nepali citizens of high moral character.
Yes. Under Article 134, the Supreme Court has review jurisdiction over its own judgments and final orders. Review petitions may be filed on grounds including discovery of new evidence, error apparent on the face of the record, or other sufficient cause, within prescribed time limits.
Divorce cases are filed at the District Court and appealed to the High Court. However, the Supreme Court plays a critical role in family law through landmark judgments interpreting divorce grounds, child custody standards, property division rules, and women’s rights under the National Civil Code 2074.
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