nayan135/constitution · Datasets at Hugging Face

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(e) if he or she is punished by a court for a criminal offence
involving moral turpitude,
(f) if he or she dies.
132. Chief Justice and Judge s of Supreme C ourt not to be engaged in any o ther
office: (1) No Chief Justice or Judge of the Supreme Court shall be engaged in
or deputed to any office other than that of Judge.
Provided that the Government of Nepal may, in consultation with the
Judicial Council, depute a Judge of the Supreme Court to work concerning
judicial inquiry, or to legal or jud icial investigation or research for a specified
period.
(2) No person who has o nce held the office of Chief Justice or a
Judge of the Supreme Court shall be eligible for appoi ntment to any
government office, except as otherwise provided in this Constitution.
133. Jurisdiction of Supreme Court : (1) Any citizen of Nepal may file a peti tion in
the Supreme Court to have any law or any part thereof declared void on the
ground of inconsistency with this Constitution because it imposes an
unreasonable rest riction on the enjoyment of any fundamental right conferred
by this Cons titution or on any other ground, or to have any law or any part
thereof made by a State Assembly declared void because it is inconsistent with
any law made by the Federal Parliament or to have any law or any part thereof
made by a Municipal Assembly or Village Assembly d eclared void because it
is inconsistent with a law made by the Federal Parliament or the State
89
Assembly , and the Supreme Court shall have an extra -ordinary power to
declare that law to be void either ab initio or from the date of its decision if the
law appears to be so inconsistent .
(2) The Supreme Court shall, for the enforcement of the fundamental
rights conferred by this Cons titution or of any other legal right for which no
other remedy has been provided or for which the remedy even though provided
appears to be inadequate or ineffective or for the settlement of any
constitutional or legal question involved in any dispute of public interest or
concern, have the extraordinary power to issue necessary and appropriate
orders , provide appropriate remedie s, enforce such right or settle such dispute.
(3) Under the extra -ordinary jurisdiction under clause (2 ), the
Supreme Court may issue appropriate orders and writs including the writs of
habeas corpus , mandamus , certiorari , prohibition and quo warranto .
Provided that except on the ground of lack of jurisdiction, the Supreme
Court shall not under this clause interfere with any internal proceedings of the
Federal Parliament or State Assembly, and with any proceedings instituted by
the Federal Parliament or Sta te Assembly concerning violation of its privileges
and penalties imposed therefor.
(4) Subject to this Constitution, t he Supreme Court shall , as provided
in a Federal law, have the power to originally try and settle cases, hear appeals,
test judgments referred for confirmation, revise cases, hear petitions or review
its judgments or final orders. Judges other than those having handed down the
previous judgment shall make such review.
(5) The Supreme Court shall settle appeals from cases originally
tried and settled by a High Court and matters of public importance involving
questions of interpretation of the Constitution and law or cases recommended
90
by a High Cou rt, accompanied by its opinion, that it is reasonable that decision
be made by the Supreme Cou rt.
(6) Other powers and procedures of the Supreme Court shall be as
provided for in the Federal law.
134. Power to transfer of c ases: (1) If cases which involve substant ially the same
questions are sub judice before the Supreme Court and a High Court , and the
Supreme Court is satisfied on its own or on application by the Attorney
General or parties to such case s that such questions are of public importance,
the Supreme Court shall have the power to procure and adjudge the cases
together.
(2) If there e xists a special situation wher e judicial impartiality can
be questioned if a case filed in a High Court is tried by that Court, the Supreme
Court may , for reasons and grounds to be recorded, order such case to be
transferred from such High Court to another High Court and tried by the latter
High Court , in accordance with law.
135. Not to be engaged in practice of law : No Chief Justice or Judge of the Supreme
Court may, after retirement from service, be engaged in the practice of law,
mediation or arbitratio n proceedings before any office or court.
136. Responsibility of Chief Justice : The Chief Justice shall have the ultimate
responsibility to make effective the administration of justice by the Supreme
Court , subordinate courts, specialized courts or other j udicial bodies.
137. Formation of Constitutional Bench : (1) The re shall be a Constitutional Bench
in the Supreme Court . The Constitutional Bench shall consist of the Chief
Justice and other four Judges designated by the Chief Justice on
recommendation of the Judicial Council.
91
(2) The Bench under clause (1) shall originally try and settle the
following cases, in addition to the petitions filed in accordance with clause (1)
of Article 133:
(a) Disputes relating to jurisdiction between the Federation and a
State, between States, between a State and a Local l evel and
between Local l evels,
(b) Disputes relating to election to members of the Federal
Parliament or State Assembly and matters relating to
disqualification of a member of the Federal Parliament or of the
State Assembly.
(3) Notwithstanding anything contained in Article 133, if it appears
that any case sub judice in the Supreme Court involves a question of serious
constitutional interpretation, the Chief Justice may appoint such case to be tried
by the Bench under clause (1).
(4) Other provisions relating to the functioning of the Constitutional
Bench shall be as determined by the Supreme Court.
138. Annual report : (1) The Supreme Court, Judicial Council and Judicial Service
Commission shall, every year, submit annual report s to the President , and th e
President shall submit such report s to the Federal Parliament through the Prime
Minister.
(2) If the Federal Parliament, upon deliberating on the annual reports
submitted under clause (1), deems it necessary to give any suggestion, it may
give such suggestion to the concerned body through the Government of Nepal,
Ministry of Law and Justice.

(e) if he or she is punished by a court for a criminal offence

involving moral turpitude,

(f) if he or she dies.

132. Chief Justice and Judge s of Supreme C ourt not to be engaged in any o ther

office: (1) No Chief Justice or Judge of the Supreme Court shall be engaged in

or deputed to any office other than that of Judge.

Provided that the Government of Nepal may, in consultation with the

Judicial Council, depute a Judge of the Supreme Court to work concerning

judicial inquiry, or to legal or jud icial investigation or research for a specified

period.

(2) No person who has o nce held the office of Chief Justice or a

Judge of the Supreme Court shall be eligible for appoi ntment to any

government office, except as otherwise provided in this Constitution.

133. Jurisdiction of Supreme Court : (1) Any citizen of Nepal may file a peti tion in

the Supreme Court to have any law or any part thereof declared void on the

ground of inconsistency with this Constitution because it imposes an

unreasonable rest riction on the enjoyment of any fundamental right conferred

by this Cons titution or on any other ground, or to have any law or any part

thereof made by a State Assembly declared void because it is inconsistent with

any law made by the Federal Parliament or to have any law or any part thereof

made by a Municipal Assembly or Village Assembly d eclared void because it

is inconsistent with a law made by the Federal Parliament or the State

89

Assembly , and the Supreme Court shall have an extra -ordinary power to

declare that law to be void either ab initio or from the date of its decision if the

law appears to be so inconsistent .

(2) The Supreme Court shall, for the enforcement of the fundamental

rights conferred by this Cons titution or of any other legal right for which no

other remedy has been provided or for which the remedy even though provided

appears to be inadequate or ineffective or for the settlement of any

constitutional or legal question involved in any dispute of public interest or

concern, have the extraordinary power to issue necessary and appropriate

orders , provide appropriate remedie s, enforce such right or settle such dispute.

(3) Under the extra -ordinary jurisdiction under clause (2 ), the

Supreme Court may issue appropriate orders and writs including the writs of

habeas corpus , mandamus , certiorari , prohibition and quo warranto .

Provided that except on the ground of lack of jurisdiction, the Supreme

Court shall not under this clause interfere with any internal proceedings of the

Federal Parliament or State Assembly, and with any proceedings instituted by

the Federal Parliament or Sta te Assembly concerning violation of its privileges

and penalties imposed therefor.

(4) Subject to this Constitution, t he Supreme Court shall , as provided

in a Federal law, have the power to originally try and settle cases, hear appeals,

test judgments referred for confirmation, revise cases, hear petitions or review

its judgments or final orders. Judges other than those having handed down the

previous judgment shall make such review.

(5) The Supreme Court shall settle appeals from cases originally

tried and settled by a High Court and matters of public importance involving

questions of interpretation of the Constitution and law or cases recommended

90

by a High Cou rt, accompanied by its opinion, that it is reasonable that decision

be made by the Supreme Cou rt.

(6) Other powers and procedures of the Supreme Court shall be as

provided for in the Federal law.

134. Power to transfer of c ases: (1) If cases which involve substant ially the same

questions are sub judice before the Supreme Court and a High Court , and the

Supreme Court is satisfied on its own or on application by the Attorney

General or parties to such case s that such questions are of public importance,

the Supreme Court shall have the power to procure and adjudge the cases

together.

(2) If there e xists a special situation wher e judicial impartiality can

be questioned if a case filed in a High Court is tried by that Court, the Supreme

Court may , for reasons and grounds to be recorded, order such case to be

transferred from such High Court to another High Court and tried by the latter

High Court , in accordance with law.

135. Not to be engaged in practice of law : No Chief Justice or Judge of the Supreme

Court may, after retirement from service, be engaged in the practice of law,

mediation or arbitratio n proceedings before any office or court.

136. Responsibility of Chief Justice : The Chief Justice shall have the ultimate

responsibility to make effective the administration of justice by the Supreme

Court , subordinate courts, specialized courts or other j udicial bodies.

137. Formation of Constitutional Bench : (1) The re shall be a Constitutional Bench

in the Supreme Court . The Constitutional Bench shall consist of the Chief

Justice and other four Judges designated by the Chief Justice on

recommendation of the Judicial Council.

91

(2) The Bench under clause (1) shall originally try and settle the

following cases, in addition to the petitions filed in accordance with clause (1)

of Article 133:

(a) Disputes relating to jurisdiction between the Federation and a

State, between States, between a State and a Local l evel and

between Local l evels,

(b) Disputes relating to election to members of the Federal

Parliament or State Assembly and matters relating to

disqualification of a member of the Federal Parliament or of the

State Assembly.

(3) Notwithstanding anything contained in Article 133, if it appears

that any case sub judice in the Supreme Court involves a question of serious

constitutional interpretation, the Chief Justice may appoint such case to be tried

by the Bench under clause (1).

(4) Other provisions relating to the functioning of the Constitutional

Bench shall be as determined by the Supreme Court.

138. Annual report : (1) The Supreme Court, Judicial Council and Judicial Service

Commission shall, every year, submit annual report s to the President , and th e

President shall submit such report s to the Federal Parliament through the Prime

Minister.

(2) If the Federal Parliament, upon deliberating on the annual reports

submitted under clause (1), deems it necessary to give any suggestion, it may

give such suggestion to the concerned body through the Government of Nepal,

Ministry of Law and Justice.