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How the Supreme Court of Nepal & Courts System Work in Nepal

by Khatapana

Apr 24, 2025 - 11 min read

How the Supreme Court of Nepal & Courts System Work in Nepal

Confused by courtrooms? Get a simple breakdown of Nepal’s justice system, from the Supreme Court of Nepal to the Kathmandu District Court.

Imagine being in a situation where someone wrongly accuses you of something, or your land is unjustly taken, or you’re just not paid for the work you’ve done. Where do you go? Who listens to your side? Who ensures fairness?

In Nepal, the answer lies in our court system, a three-level structure designed to provide justice, uphold our Constitution, and maintain peace. This article will walk you through that system, explaining how it works from the top (the Supreme Court of Nepal) to the grassroots level (like the Kathmandu District Court), all in plain, simple language. 

The Constitution and the Backbone of Justice

Let’s start at the very beginning, our Constitution. Just like how a house needs a solid foundation, Nepal’s legal system stands firmly on the 

It doesn’t just casually mention the courts. It officially recognizes the judiciary as one of the three core pillars of the state, right alongside the people who make laws (legislature) and those who carry them out (executive). You’ll find all of this clearly laid out in Part 11 (Articles 126 to 156) of the Constitution, which defines the structure, powers, and duties of the judiciary in Nepal.

So whether we’re talking about the Supreme Court of Nepal at the top of your local Kathmandu District Court, their authority comes directly from the Constitution itself.

Federal Country, Unified Courts

Nepal runs on a federal model, meaning we have provinces with their own governments. But while the political system is federal, our court system still works as one unified structure. That means whether you’re in Kathmandu or Karnali, the rules of the game remain the same. It’s a smart blend: local access with national consistency.

A Mix of Legal Traditions

Nepal’s legal DNA is unique. It takes bits and pieces from two major traditions:

  • From Roman law, we get a deep respect for written rules, like constitutions, acts, regulations, and statutes.
  • From Common law, we borrow the habit of following precedents, where past court decisions help decide current cases.

It’s like having both a rulebook and a cheat sheet, providing structure but also allowing flexibility.

And when it comes to criminal justice? Nepal uses the adversarial model. Basically, the court acts like a neutral umpire while the prosecution and defense battle it out. It’s their job to argue their case, and the court’s job to keep it fair.

Three Levels of Courts in Nepal: An Overview

Nepal’s court system is made up of three main levels:

  1. Supreme Court of Nepal – Apex court (the topmost court)
  2. High Courts – Intermediate appellate courts (one in each province)
  3. District Courts – Trial courts (one in each of Nepal’s 77 districts)

Let’s dig into each, starting from the top.

The Supreme Court of Nepal: The Final Word on Justice

When it comes to the biggest legal questions in Nepal, whether a law is constitutional, whether your rights are being violated, or whether a lower court got something wrong, the Supreme Court of Nepal is where it all ends.

It’s the highest court in the country, and its job is to make sure the Constitution is followed and justice is served no matter who’s involved.

How It All Began

The Supreme Court of Nepal was officially established on May 21, 1956. It sits in the heart of Kathmandu at Ram Shah Path. The Constitution calls it a “court of record”, which means every decision it makes sets an example, called a precedent, for all other courts to follow. Basically, what the Supreme Court decides becomes the law of the land.

Who Sits on the Bench?

The court is led by the Chief Justice, supported by 20 other judges. 

Currently, the Chief Justice is Prakash Man Singh Raut, who took office on October 6, 2024. And 16 other justices support him. Supreme Court judges stay in office until they turn 65. But they can be removed if two-thirds of the House of Representatives votes to impeach them for things like bad conduct, incompetence, or dishonesty.

How Are Judges Appointed?

The selection process is careful and detailed:

  • The Chief Justice is recommended by the Constitutional Council and appointed by the President.
  • Other judges are recommended by the Judicial Council, again appointed by the President.

To qualify as a Supreme Court judge, a person must have at least 15 years of legal experience in one of several ways. For example, they might have:

  • Worked as a High Court judge for 7+ years
  • Been a top-level Judicial Service officer for 12+ years
  • Practiced law as a Senior Advocate or Advocate for 15+ years
  • Been a legal scholar or jurist with 15+ years of experience in the field

Who Runs the Day-to-Day Work?

The Supreme Court also has an internal team that helps it run smoothly. The Chief Registrar acts like the administrative head, along with:

  • One Registrar
  • Four Joint-Registrars, each leading a specific department

These positions are filled by the Government of Nepal, based on advice from the Judicial Service Commission.

What Kinds of Benches Does It Have?

Not all cases at the Supreme Court are the same. Depending on what’s being discussed, the court forms different “benches”, or groups of judges.

1. Constitutional Bench

  • Includes the Chief Justice and 4 justices
  • Handles major issues, like conflicts between federal, provincial, and local governments
  • Also takes up election disputes and deep constitutional questions

2. Full Bench

  • Made up of three or more justices
  • Used when a division bench can’t agree, or when a case involves major legal questions
  • Often reviews previous rulings or decisions sent in by the Chief Justice

3. Division Bench

  • Has two justices
  • Handles most regular cases
  • Deals with appeals from High Courts and reviews its own past decisions

4. Single Bench

  • Just one justice
  • Deals with early hearings of writ petitions (when someone claims their rights were violated)
  • Also handles procedural matters and decisions made by court registrars

What Can the Supreme Court of Nepal Actually Do?

This court has broad and powerful responsibilities. Here’s what it can do:

  • Strike down any law that goes against the Constitution (this is called original jurisdiction)
  • Protect fundamental rights and take up cases that affect the public interest
  • Issue special orders or writs like:
    • Habeas corpus (to free someone wrongly detained)
    • Mandamus (ordering a public body to do something)
    • Certiorari (to review decisions of lower courts)
    • Prohibition (stopping a lower court from acting beyond its power)
    • Quo warranto (challenging someone’s right to hold public office)
  • Hear appeals from High Courts
  • Confirm, revise, or review decisions made in lower courts
  • Interpret the Constitution, its word is final

High Courts in Nepal: The Middle Link in the Justice Chain

High Courts sit right in the middle of Nepal’s court system. If the Kathmandu District Court makes a decision you disagree with, the High Court is where you take your next shot at justice.

Where Are They?

Article 139 of the Constitution states there shall be High Courts in each province, making it 7 High courts. 

To make sure even people in remote areas can access the courts, there are also eleven extra benches set up across the country. These benches act like mini-branches of the High Courts.

In the big picture, High Courts are the go-between for the Supreme Court of Nepal at the top and the District Courts at the base.

What Do They Actually Do?

High Courts handle a mix of responsibilities:

  • They make sure people’s rights are protected, especially within their province.
  • They can issue writs (legal orders like the ones the Supreme Court gives), but only within provincial limits.
  • In some cases, they handle original trials, which means the case starts and ends right there.
  • They hear appeals from District Courts, so if someone thinks a district judge got it wrong, they can bring it here.
  • And when a case raises big constitutional issues, High Courts can send it up to the Supreme Court of Nepal for a final word.

District Courts in Nepal: Where Most Legal Journeys Begin

District Courts, like the Kathmandu District Court, are where most people first encounter the justice system. Whether it's a dispute over land, a family matter, or a contract gone wrong, this is usually where it all begins.

And it’s not just tradition. It’s backed by the Constitution.

Article 151 of the Constitution of Nepal lays out exactly what District Courts are allowed to do:

Simply put? District Courts handle almost everything at the local level, from the first trial to appeals from local or administrative bodies. They also deal with writs like habeas corpus (for wrongful detention) and can even take contempt of court action if someone disrupts the justice process.

That’s why courts like the Kathmandu District Court are more than just entry points. They’re the backbone of everyday justice in Nepal.

Where Are They?

There are 77 District Courts in Nepal, one in each district. They’re usually located in the district headquarters. That includes the Kathmandu District Court, one of the busiest in the country thanks to the city’s large population and high number of legal cases.

These courts work under the guidance of the High Courts and the Supreme Court of Nepal, and the number of judges in each district depends on how many cases the court usually handles. If a court has several judges, the senior-most judge takes charge.

Who Are the Judges?

Judges in District Courts are appointed by the Chief Justice, based on recommendations from the Judicial Council. There are three ways people get into this role:

  • 20% of judges come from inside the system, officers who’ve already spent at least 3 years in a mid-level judicial post.
  • 40% are selected through exams for government legal officers with a few years of experience.
  • The remaining 40% are filled through open competitive exams. These spots are for people with a law degree and at least 8 years of experience as advocates, legal officers, or professors.

What Do District Courts Handle?

District Courts take care of most cases right from the beginning, they’re known as courts of first instance.

They deal with:

  • Regular trials, like criminal cases, contract disputes, or property issues
  • Special petitions, including writs like habeas corpus (freeing someone who’s been wrongly detained) or prohibition (stopping unfair actions)
  • Appeals from local government or other smaller decision-making bodies
  • Contempt of court matters, basically, if someone tries to mess with the justice process, the court steps in

From everyday disputes to serious legal conflicts, District Courts, including the Kathmandu District Court, are the first stop for justice in Nepal.

Specialized Courts and Tribunals: Justice for Specific Issues

Not all legal problems are alike. Some require deeper knowledge, like banking, labor disputes, or foreign employment issues. That’s where specialized courts come in.

According to Article 152 of the Constitution of Nepal, the government can set up special courts, judicial bodies, or tribunals to deal with specific types of cases. These might include:

  • Tax matters
  • Corruption cases
  • Labour disputes
  • Foreign employment issues
  • Banking and financial disputes

The idea is simple: technical problems need technical expertise. So, these courts are staffed by people who actually understand the field they’re ruling on.

A Few New Additions

Two recent examples stand out:

  • The Consumer Court, designed to protect consumers from unfair practices, faulty goods, or poor services. It’s still in its early stages, but it shows the growing recognition that consumer rights need their own space in the justice system.
  • Labour Courts, now re-established, are focused on handling workplace disputes, whether it's about unpaid wages, wrongful termination, or unsafe working conditions. With more Nepalis working abroad and labor issues rising at home, this court plays a critical role.

But There's a Limit

Here’s something to keep in mind: these specialized courts can’t impose serious criminal penalties. The harshest punishment they’re allowed to give is one year of imprisonment. So, if a case involves more serious charges, it’s sent back to the regular system, usually the District Court, like the busy Kathmandu District Court.

These specialized courts don’t replace the main court system, but they do make justice more accessible and efficient in areas that demand special attention.

Who Runs the Judiciary Behind the Scenes?

Two big constitutional bodies make sure the whole judicial system, from the Supreme Court of Nepal down to local courts, runs smoothly.

Judicial Council

This body handles the big decisions about judges, like who gets appointed, who gets transferred, and who might need to be removed. It also keeps an eye on how the courts are doing overall.

The Chief Justice leads it, and the team includes:

  • The Law Minister
  • The senior-most Supreme Court judge
  • A jurist picked by the President
  • A senior advocate

Each member serves a four-year term.

Judicial Service Commission

This group handles the staffing side of things, like hiring and promoting judicial officers across Nepal.

It’s also led by the Chief Justice, with members including:

  • The Law Minister
  • The senior-most Supreme Court judge
  • The Public Service Commission Chairperson
  • The Attorney General

Together, these two bodies keep the wheels turning behind the scenes, making sure Nepal’s justice system stays fair, efficient, and functional.

Challenges and Reforms in Nepal’s Court System: What’s Going On?

Nepal’s courts, including the Supreme Court of Nepal and even the Kathmandu District Court, play a vital role in delivering justice. But let’s be real: the system isn’t without its problems. From delays to disagreements, there’s a lot going on behind the scenes. The good news? Some changes are finally on the table.

New Leadership, New Plans

In October 2024, Justice Prakash Man Singh Raut stepped in as the new Chief Justice for an 18-month term. And he didn’t come in quietly, he came with a 24-point reform plan that he presented during his confirmation hearing. His big goal? To rebuild public trust and prove that Nepal’s judiciary can be free, fair, and truly independent.

The Big Issues Right Now

Here’s what’s been weighing down the system:

  • There’s been tension between the Nepal Bar Association (NBA), the group that represents lawyers, and the judges. That tension has slowed down judicial appointments and created friction at the top.
  • A full-blown conflict broke out between the Supreme Court’s administration and NBA leadership, especially after a contempt of court case was filed against NBA head Gopal Krishna Ghimire. The disagreement? Changes to the Judicial Council’s regulations.
  • Speaking of rules, there’s also a controversy over new ranking rules that affect how High Court judges can get promoted. Many feel the new system blocks their career growth.
  • And most importantly, many ordinary people say they’ve lost faith in the justice system, especially after seeing how some judicial appointments have been made. When people feel courts are being influenced or appointments aren't based on merit, confidence drops fast.

These aren’t just technical issues, they go straight to the heart of how much people trust the courts. And they show how hard it is to balance independence, efficiency, and fairness in such a complex system.

appointments and promotion rules.

Reform Efforts: A Step Toward Hope?

Chief Justice Prakash Man Singh Raut has publicly committed to cleaning up the system. His 24-point reform plan includes:

  • Speeding up hearings
  • Digitalizing court records
  • Ensuring more transparency in judge appointments
  • Improving coordination between the bar (lawyers) and the bench (judges)

If these reforms are successful, people may begin to trust the courts again, whether it's the Supreme Court of Nepal deciding a constitutional issue, or the Kathmandu District Court resolving a family dispute.

Why Should You Care?

You might think courts are only for criminals or big businesses. But in truth, the court system affects everyone:

  • Want to get a divorce? District Court.
  • Got land encroached? District Court.
  • Your boss didn’t pay you? Labor Court or District Court.
  • The government violated your rights? High Court or Supreme Court.

Whether you realize it or not, the court system is built to protect your rights.

Wrapping It Up: Nepal’s Courts at a Glance

Nepal’s court system is like a well-structured ladder. At the top, you’ve got the Supreme Court of Nepal, the highest authority in legal matters. In the middle are the High Courts, one in each province. And at the base are the District Courts, including everyday justice hubs like the Kathmandu District Court, where most cases begin.

This structure isn’t random. It’s built to make sure justice can move up the chain if needed. And to fill in the gaps, there are specialized courts and strong administrative bodies that help manage everything from judge appointments to internal policies.

Nepal’s legal system blends two powerful traditions: the structure of Roman law (which relies on written rules) and the flexibility of Common law (which learns from past court decisions). Even though our political setup is federal, the courts run as one united system, spread across the country to ensure everyone has access to justice, no matter where they live.

But the system isn’t perfect. Delays, internal clashes, and declining public trust have raised serious concerns. That’s why Chief Justice Raut’s current reform plan is such a big deal. If his efforts succeed, they could help restore confidence, bring more fairness to judicial appointments, and truly make the courts feel like a pillar of justice, not just on paper, but in practice.

Because at the end of the day, whether it’s the Supreme Court of Nepal deciding a constitutional dispute or the Kathmandu District Court settling a land case, every decision shapes how justice feels to the people it serves.

The next time someone tells you courts are too complex, you’ll know better. Because now, you understand how it all fits together, and why it matters.

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