Prologue to Supreme Court Act 2048

Supreme Court Act 2048 was enacted to make some legal provisions relating to the Supreme Court, the apex Court of Nepal. It was a brief act passed after the Constitution of the Kingdom of Nepal in 2047 B.S.

Preamble

The Preamble has provisioned that the Act was enacted in the 20th Year of the reign of His Majesty’s King Birendra Bikram Shah.

Definition

The Act has defined several terms and terminologies in Nepal. Here, the Constitution has been defined as the Interim Constitution of Nepal 2063 after a further amendment. Then, the Term Justice in the act means the Justices of the Supreme Court.

Attributes and Features

Location

According to Section 3 of the Supreme Court Act 2048, the Court shall be situated in Kathmandu, the capital city of Nepal.

However, the Court can establish benches and exercise its jurisdiction as specified by the Chief Justice with the approval of the Government of Nepal.

Application of Jurisdiction

The Supreme Court can hear, review, and dispense Judgement where jurisdiction can be exercised by the Single Bench of one Judge, Division Bench of two Judges, and Full or Special Bench or more than two Judges.

Contempt of Court

Section 7 of the Act has prohibited the Contempt of Supreme Court and other Subordinate Courts. It has imposed up to one year in Imprisonment or up to NPR 10,000 Rupees or both.

The Supreme Court can initiate the proceedings of its own contempt or the contempt of Subordinate Courts or Judicial Authorities.

It can also pardon excuse or remit the punishment imposed or suspend the punishment as per the provisions determined by the Court.

Oath

When a Chief Justice has been recommended by the Constitutional Council, the Chief Justice, after his/her appointment shall take the oath of the Office before the President.

Other presidents shall take their oath before the Chief Justice.

Powers

Supreme Court can deal with matters relating to appeals and filing of Petitions through Review and Revision.

They also decide whether to keep in Detention, Imprison or release on bail or guarantee to the appellant who files an appeal in the Supreme Court challenging the conviction incurred by the decision of the Subordinate Court.

Others

The Administrative Chief of the Supreme Court shall be the Registrar. They can also delegate the power conferred to their Subordinate Officers.

The Supreme Court shall publish an Annual Report relating to the functions and activities carried out by it and subordinate courts.

Corollary

Supreme Court Act 2048 was enacted and promulgated in 2048 B.S. Karthik 28. However, it lacks commendable provisions.

The Substantive Provisions of the Supreme Court have been traditionally mentioned in the Constitution itself.

It has been superficially enacted to maintain the Legislative Premises of the Supreme Court. The Act has established the Court to be in Kathmandu while its powers can be delegated.

Epilogue

The Supreme Court Act is a negligible and insignificant Act that has limited scope in its Function. The majority of the substantive Provisions related to the Court have been provisioned in the Constitutions of Nepal itself.

It has succeded the Pradhan Nyayalaya Act 2008 and the Supreme Court Act 2013 and repealed the Supreme Court Act 2019.

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