Features of Nepalese Legal System

4) Common law and rule: The Nepalese legal system was based on the common law, rules and regulations. Like what; In Manang and Mustang, marriage by polygamy is legally permitted and valid according to their customs and religious beliefs. Therefore, the Nepalese legal system is influenced by common law and rules. 2) Mixed legal system: The mixed legal system is another feature of the Neplease legal system. A mixed legal system means the combination of two or more two legal systems such as the common legal system and the civil law system. In the common legal system, legal opinion or case law is paramount. But in the civil law system, the primary meaning is given to acts, statues, etc. In the Nepalese legal system, both characteristics exist. Therefore, we can say that the Neplease legal system is a mixed legal system. The official text of Muluki Ain was published in Nepali; only a few laws were available in English. The laws were cited after the years of entry into force.

Nepal Raj Patra, the government newspaper, published at irregular intervals and published all the new laws. The official texts of the Supreme Court`s decisions are published monthly in the Nepal Kanoon Patriki (Nepalese legal journal), which also contains the official texts of the new laws and articles on legal topics. The Nepal Law Series, published by the Kathmandu Law Books Management Board, in consultation with the ministries, was a compilation of all Nepalese laws and statutes. · When a matter related to public rights or interests requires a constitutional or legal solution. The Full Court, composed of three or more judges, does not decide unanimously on the decision of the Chamber or on cases referred to the Full Court concerning serious questions of interpretation of laws or principles of law by the Chamber or the President of the Supreme Court. The President of the Court may, at his discretion, refer all cases to the Full Court. In summary, it can be said that the Nepalese legal system was original, which before 2007 BS was based on Hindu philosophy and after 2007 BS is transferred as a hybrid legal system due to its modernization by the reception of foreign law. 5) Constitutional primacy: This is the most important feature of the Nepalese legal system.

The Constitution of Nepal states that this Constitution is the supreme law of the land, any law inconsistent with the provisions of the Constitution shall then be annulled under Article 1(1). This provision clarifies the primacy of the Constitution. Therefore, it is a fusion of traditional Hindu law, English common law and codified civil law, including socialist to some extent. However, the Nepalese legal system is mainly limited by Hindu ethics. Reforms carried out under the 1948 constitution and in the early years following the fall of Rana`s rule in 1951 modernized many features of the feudal legal system. The Prime Minister was stripped of his judicial powers and no longer functioned as the highest court of appeal. The Supreme Court Act of 1952 established the Supreme Court as the supreme judicial body, with powers and structures generally equivalent to those of the Supreme Court of India. Special travel courts have been organized and sent to the districts to facilitate citizens` access to the judicial system. These courts had the power to review public accounts, hear complaints of all kinds, make arrests, hold trials and impose sentences.

An important step towards a unified judicial system was taken in 1956 with the establishment of a series of district courts to hear civil and criminal cases. Courts of appeal have been established in Kathmandu. The 1962 Panchayat Constitution stipulated that the king was solely responsible for the appointment of judges and judicial oversight. In addition to all these things, the Nepalese legal system is one of the legal systems of the world, whose qualities remain a separate and independent legal system like any other legal system, as it contains the basic elements of the legal system. The existing Nepalese legal system is still dominated by Hindu perception. Although the ongoing modernization process is largely influenced by the English common law tradition after 2007 BC. Even though the bourgeois and socialist legal tradition has greatly influenced the Nepalese legal system. Many other changes have been introduced recently. The Nepalese parliament has just declared Nepal a secular state. Most of the king`s constitutional powers are also suspended and restricted by parliamentary statements. The demands of the Constituent Assembly and the republican system of government have become the hot topic of debate these days.