Prologue (Supreme Court Act 2013)
Supreme Court Act 2013 was enacted in Jestha 2013 B.S. by King Mahendra Bikram Shah to replace the existing Pradhan Nyayalaya with the Supreme Court.
According to the Preamble of the Act, it was established with the primary objective of protecting the Fundamental Rights and Freedom of the People with clear provisions for its structure and Operation.
Through this Act, the Supreme Court was authorized with jurisdiction over Legal Matters concerning the entire nation. The Supreme Court has been defined as the Highest Judicial Authority in Nepal. The Chief Justice is the highest-ranking judge in the Supreme Court responsible for its administration.
Structural Attributes
Constitution of Supreme Court
Section 3 of the Supreme Court Act 2013 has incorporated One Supreme Court with a Chief Justice and four other Judges. The Judges were appointed by the King under the recommendation of the Council of Ministers.
An Age Limit of 60 years has been set on the serving tenure of the Judges after which they are forced to retire. The Judges can also voluntarily resign by applying to the King. They can also be removed because of unethical conduct or the incapability of fulfilling their duties.
Criteria to be a Judge
To be a Judge of the Supreme Court, the following requirements must have been fulfilled:
- Being a Citizen of Nepal
- Knowledgeable of Law
- Having Obtained a degree from a recognized Institution
Remuneration to Judges of the Supreme Court
Supreme Court Act 2013 has specified the Monthly Salary of Judges relevant to the Period. The Chief Justice received NPR 1,400 every month whereas other Judges received NPR 1,100 Per Month during the Period. They were also granted other allowances and benefits as stated in Government Rules.
Other Provisions to Judges of the Supreme Court
Temporary Judges could also be appointed on a contractual basis and additional judges could also be appointed. They were appointed for a maximum of two years.
Temporary Special Judges were also appointed to work with the Supreme Court along with allowances as per the Order of Government. They have the same jurisdiction and authority as Regular Judges.
The Supreme Court had the authority to punish anyone who committed contempt of Court.
Location
The Supreme Court of Nepal was provisioned to be located in Kathmandu and other places as designated by the Government. If required, the position of the Supreme Court could also be changed when deemed necessary with the consultation of Supreme Court Judges.
Functional Attributes
Ordinary Jurisdiction
The Supreme Court has been provided Apex Jurisdiction over Judicial Matters of Nepal. They have the authority to hear appeals and review and revise cases.
Precedent
All the Courts of Nepal must obey the decision of the Supreme Court through the Principle of Precedent.
Extra-ordinary Jurisdiction
The Supreme Court has been conferred the Extra-Ordinary Jurisdiction of issuing writs when required to enforce the rights of the Citizens. The Writs that can be issued by the Court are:
- Habeas Corpus
- Mandamus
- Certiorari
- Prohibition
- Quo Warranto
Administrative Jurisdiction
The Supreme Court also has extensive jurisdiction over the district courts of Nepal. It can carry out all the relevant administrative functions as specified including drafting rules for court proceedings, acting as a Court of Record, and much more.
The Official Language of Court Proceedings in the Courts of Nepal is the Nepali Language. The Supreme Court can grant permission for proceedings in a language other than Nepali.
Epilogue
Supreme Court Act 2013 has established a reasonable legislative framework that has established the Supreme Court, outlined the qualification and appointment of Judges, and detailed the Functional Provisions of the Supreme Court.
It has also incorporated Extraordinary Writ Jurisdiction, Nepali Language as Official Language, Legal Precedent, and the right to initiate Contempt of Court Proceedings in Nepal.
Ultimately, the Provisions of the Act were incorporated through the Constitution of the Kingdom of Nepal 2015 and the Constitution of Nepal 2019.
Cite
Pokhrel, Aupson. “Supreme Court Act 2013 – the #1 Encyclopedia of Nepali History.” Encyclopedia of Nepali History, 14 Oct. 2023, itihasaa.com/acts/supreme-court-act-2013.
