The Legal System of Nepal

Nepal is a landlocked country in South Asia, bordered by China and India. It is home to more than 28 million people, who belong to various ethnic, linguistic, and religious groups. Nepal is also known for its natural beauty, cultural diversity, and ancient traditions.

But what is the legal system of Nepal? How does it work? What are its sources and features? In this article, we will try to answer these questions and provide a comprehensive overview of the Nepali legal system.

The Nepali Legal System
The Nepali legal system is a civil law-based system. It has a written constitution, written statutes, laws, acts, and regulations like the Roman legal system. Laws are derived from written statutes rather than judicial decisions.

The roots of the Nepali legal system can be traced back to the Napoleonic Code, which was introduced during the Rana regime in the 19th century. The Napoleonic Code was a comprehensive and uniform code of laws that covered civil, criminal, and administrative matters. It influenced many other countries in Europe and beyond.

However, the Nepali legal system is not a pure civil law system. It has also practiced case laws/precedents as the Common law system. Case laws are judicial decisions that serve as authoritative sources of law for future cases. The Nepali legal system follows the doctrine of stare decisis, which means "to stand by things decided". This means that lower courts are bound by the decisions of higher courts.

The Nepali legal system comprises three levels of courts: district courts, appellate courts, and the Supreme Court. District courts are the lowest level of courts, where most civil and criminal cases are filed. Appellate courts are the intermediate level of courts, where appeals from district courts are heard. The Supreme Court is the highest level of court, where appeals from appellate courts are heard. The Supreme Court also has the power of judicial review, which means it can declare any law or action unconstitutional.

The Nepali Constitution
The Nepali Constitution is the supreme law of the land and was adopted in 2015. The drafting of the Constitution was a long and complex political process that began in 2007 after the end of the Nepali Civil War. The Constitution consists of 35 parts, 308 articles, and nine schedules, outlining the fundamental rights and duties of Nepali citizens, the structure of the government, and the distribution of powers among different branches of the government.

The Constitution establishes Nepal as a federal democratic republic with a parliamentary system of government. The executive branch consists of the President, who is the head of state, and the Prime Minister, who is the head of government. The legislative branch consists of a bicameral parliament, composed of the House of Representatives and the National Assembly. The judicial branch consists of the Supreme Court and other subordinate courts.

The Constitution also guarantees a number of fundamental rights to Nepali citizens, such as equality before law, freedom of expression, right to life, right to education, right to health, right to social justice, right to religion, right to privacy, and right to constitutional remedies. The Constitution also recognizes Nepal as a secular state with respect for all religions and cultures.

Lawyers in Nepal
The legal profession in Nepal is regulated by the Nepal Bar Association (NBA), a statutory body established by the Nepal Bar Association Act, 1956. With over 7,000 registered members, the NBA plays a crucial role in upholding professional standards and ethics in the legal profession.

To become a lawyer in Nepal, one must hold a law degree from a recognized university and pass the bar examination conducted by the NBA. Lawyers in Nepal are divided into two categories: advocates and solicitors. Advocates represent clients in court, while solicitors provide legal advice and drafting services.

The legal profession in Nepal is highly competitive, and only the most skilled and experienced lawyers can build a successful practice. Many Nepali lawyers specialize in specific areas of law, such as corporate law, constitutional law, criminal law, and family law.

Conclusion
In summary, the Nepali legal system is a complex and unique system that has evolved over time. The Nepali Constitution is the highest law of the land, establishing the basic rights and obligations of Nepali citizens. The legal profession in Nepal is highly regulated by the Nepal Bar Association. The Nepali legal system is a civil law-based system, but it also incorporates elements of common law and customary law. The Nepali legal system is a reflection of the country's history, culture, and diversity.

I hope this article was helpful and informative. If you need any legal assistance in Nepal, please feel free to contact me. I am a qualified and experienced lawyer who can help you with any legal matter. Thank you for reading.