NEB Class 12 · Exam intelligence
From 3 NEB Class 12 past papers: the chapters that keep coming back and their most important questions, each with a solved model answer. No guarantees; study the whole syllabus.
From the most-tested chapters first, each with a solved model answer.
Analyse the various bases of the Nepalese legal system. / नेपाली कानून प्रणालीका विभिन्न आधारहरुबारे विश्लेषण गर्नुहोस् ।
The Nepali legal system does not rest on a single source. It rests on several bases working together in an order of authority. A source simply means a place where a court finds the rules it applies. Looking at these bases from the highest downward gives a clear picture of where Nepali law comes from.
The first and highest basis is the Constitution of Nepal 2015. It is the fundamental law of the land. Every other law is valid only so far as it agrees with the Constitution. A law that clashes with it is void to the extent of the clash. For example, suppose a statute allowed detention without the safeguards the Constitution requires. The Supreme Court could then strike it down.
The second basis is legislation (ऐन). In the federal structure, statutes are made at three levels. The Federal Parliament, the Provincial Assemblies and the local assemblies each make law in their own sphere. These Acts, with the rules and bylaws framed under them, form most of the written law. Courts apply this written law day to day. The Muluki Civil Code 2074 is a leading example.
The third basis is precedent (नजिर). Nepal follows the common-law idea of binding precedent. Precedent means that a settled decision guides later ones. The interpretations laid down by the Supreme Court bind all lower courts and public authorities. So judicial decisions themselves become a source of law.
The fourth basis is custom and usage (प्रथा). A custom can be applied if it is long established and reasonable. It must also not go against written law. This matters most in family and community matters. A settled local practice of worship or marriage is an example. Alongside these are the general principles of justice, equity and good conscience. Courts turn to these where the written law gives no answer. Ratified international treaties are also a source. Under the Nepal Treaty Act they are enforceable as if they were Nepali law.
The last basis is the historical and religious basis. The Hindu Dharmashastra shaped Nepali law for centuries. Even after codification, it still influences family law and personal law. The structure of partition and succession now carried into the Muluki Civil Code 2074 is one example.
Taken together, these bases show where Nepali law comes from. It is drawn from a written constitution, from legislation at three levels, from judicial precedent, from custom and from general principles. All of these are ranked in a hierarchy with the Constitution supreme. This blend of sources is what gives the Nepali legal system its mixed character. It is codified like a civil law system. It follows precedent like a common law system. And it is still rooted in its own custom and religious tradition.
Describe the court structure of Nepal. / नेपालको अदालती संरचनाबारे व्याख्या गर्नुहोस् ।
The court structure of Nepal is laid down in the Constitution of Nepal 2015. The Constitution organises the regular courts into three tiers. It also allows further judicial bodies to be created by law. The structure is easiest to understand from the top down, because authority rises step by step to a single top court.
At the top stands the Supreme Court (सर्वोच्च अदालत). It sits in Kathmandu. It is the final court of appeal. It is the final interpreter of the Constitution and the laws. It is also a court of record. It has extraordinary writ jurisdiction to enforce fundamental rights (Art. 133). A writ is a special order the court uses to protect a right. The legal principles the Court lays down are binding on all courts and authorities (Art. 128). So its decisions set precedent for the whole country. It is headed by the Chief Justice. For example, a person whose fundamental right is violated may petition the Supreme Court directly for a writ. The principle the Court lays down then guides every court below.
Below the Supreme Court are the High Courts (उच्च अदालत). There are seven of them, one for each province. They hear appeals from the district courts within their province. They also have original jurisdiction over certain matters, including some writ petitions.
Below them again are the District Courts (जिल्ला अदालत). There are seventy-seven of them, one in each district. These are the courts of first instance. Most civil and criminal cases begin here. Here the evidence is heard and the facts are decided. A theft prosecution or a partition suit starts in the District Court.
The Constitution does not stop at these three tiers. It allows the creation of other courts, judicial bodies and tribunals by law. These include special courts and quasi-judicial tribunals for particular subjects. The Constitution also provides for a judicial committee (न्यायिक समिति) at each local level (Art. 217). This committee settles certain local disputes, often through mediation. This keeps justice close to where people live.
Appeals move upward through this pyramid. They go from the district courts, to the high courts, and in the cases the law allows, on to the Supreme Court. This arrangement gives Nepal a clear, unified judiciary. Authority rises step by step to a single top court. At the same time, the local judicial committees provide easy forums for small disputes. So the structure serves both the consistency of the law and the convenience of ordinary citizens.
What are the major sources of Hindu law? Write an essay on the sources of Hindu law. / हिन्दू कानूनका मुख्य स्रोतहरु के के हुन् ? हिन्दू कानुनका स्रोतहरूको बारेमा निबन्ध लेख्नुहोस् ।
The sources of Hindu law are the places from which its rules are drawn. Hindu jurisprudence arranges them in a clear order of authority. Where two sources conflict, the earlier one prevails over the later. Understanding this graded list explains two things. It shows how the classical law was found. It also shows how that law has reached modern Nepal.
The first and highest source is Shruti (श्रुति). It means "that which is heard." It refers to the four Vedas. The tradition regards the Vedas as divine revelation received by the sages. In theory, Shruti is the supreme authority. In practice, it contains far more religious and philosophical matter than concrete legal rule. So it is appealed to for the foundations of Dharma. It is not appealed to for the details of a dispute.
The second source is Smriti (स्मृति). It means "that which is remembered." These are the Dharmashastras. They are the codes composed by sages such as Manu, Yajnavalkya and Narada. Manu's code is the Manusmriti. The Smritis are the real treasury of Hindu legal rules. They deal in detail with marriage, inheritance and partition. They also cover the duties of the different orders of society and the administration of justice. For example, the rules fixing who inherits, and in what shares, are drawn largely from the Smriti literature.
The third source is the body of commentaries and digests (Nibandha or Tika). The Smritis were numerous and sometimes disagreed. So later scholars wrote commentaries to explain them and harmonise them. Two are most important. One is Vijnaneshwara's Mitakshara. The other is Jimutavahana's Dayabhaga. They became so influential that the two great schools of Hindu law are named after them. The two schools disagree over a son's right by birth. That very disagreement arose at this stage of interpretation.
The fourth source is custom and usage (Sadachar / सदाचार). This is the settled practice of good and learned people. A custom is accepted as law under conditions. It must be ancient, continuous, certain and reasonable. It must not go against the sacred texts or public morality. Sometimes even custom is silent on a point. Then the tradition allows the conscience of the virtuous (Atmanastushti) to guide. So no dispute need go unanswered.
In the modern period two further sources must be added. The first is legislation, the law enacted by the state. The second is judicial precedent, the decisions of the courts. In Nepal these modern sources now dominate. The customary Hindu rules on marriage, succession and partition (अंशबण्डा) have been gathered and reformed. They are now the statutory provisions of the Muluki Civil Code 2074. So today a Nepali court applies the codified statute. That statute itself grew out of this ancient Hindu inheritance. The sources of Hindu law thus form a ladder. It runs from divine revelation, through the sages' codes and their commentaries, down to custom. It ends in the modern statute and precedent that govern Nepal now. Each later source fills the gaps the earlier ones left.
How can a dispute between two parties be resolved through Alternative Dispute Resolution? Explain on the basis of the prevailing laws of Nepal. / वैकल्पिक विवाद समाधानद्वारा दुई पक्षबीचको विवाद कसरी समाधान गर्न सकिन्छ ? नेपालको प्रचलित कानुनको आधारमा व्याख्या गर्नुहोस् ।
Alternative Dispute Resolution, or ADR (वैकल्पिक विवाद समाधान), means settling disputes outside a full court trial. Nepal's prevailing law provides well-established ways for two parties to use it. The reason ADR is attractive is simple. A court case is slow, costly and a fight. ADR is quicker, cheaper and more private. It is also more likely to save a relationship between the parties. This is why the law actively encourages it.
The simplest method is negotiation. The two parties talk directly and reach a settlement themselves. Sometimes they do this through their lawyers. For example, two traders disagree over the quality of goods delivered. They may simply agree on a partial refund and close the matter. No third party is involved.
Where they cannot do this alone, they may turn to mediation (मेलमिलाप). In Nepal this is governed by the Mediation Act 2068 (2011). A mediator is a neutral and trained third person. The mediator helps the parties understand each other and work out their own agreement. The mediator does not impose any decision. So any settlement binds the parties only because they have agreed to it. Nepali law supports mediation strongly. A court may send a suitable case to mediation. At the local level, the judicial committees resolve many small disputes largely through mediation. This keeps justice close to where people live. A quarrel between neighbours over a shared wall is well suited to this.
Sometimes the parties want a decision rather than a facilitated agreement. Then they may use arbitration (मध्यस्थता). This is governed by the Arbitration Act 2055 (1999). Usually the parties have an arbitration clause in their contract. They agree to place the dispute before one or more arbitrators. The arbitrators hear both sides and issue an award. That award is binding on the parties. It is enforceable much like a court judgment. A court may set it aside only on limited grounds. Arbitration is especially common in commercial, construction and contract disputes. Here the parties value a private and expert decision. A disagreement over payment under a large building contract is a typical example.
So a dispute between two parties can be resolved in steps under Nepali law. First comes direct negotiation. Next comes mediation under the Mediation Act 2068, to help them agree. Last comes arbitration under the Arbitration Act 2055, for a binding decision. The regular courts remain available in reserve. By offering this ladder of options, Nepali law lets parties choose the method that best fits their dispute. It saves them the time and cost of a court case. It also eases the pressure on the court system. This is why ADR has become such an important part of the Nepali legal system.
Differentiate between mediation and arbitration. / मेलमिलाप र मध्यस्थताबिच फरक छुट्याउनुहोस् ।
Both mediation and arbitration are forms of alternative dispute resolution. But they differ in several ways.
An example brings out the difference. Suppose two neighbours dispute a shared boundary. A mediator may help them agree to split the strip of land. That agreement binds them only because both accepted it. Now suppose instead that two companies have an arbitration clause in their contract. An arbitrator hears the dispute and issues an award fixing who must pay. That award binds them even if one side disagrees. In short, mediation helps the parties agree. Arbitration decides for them.
Differentiate between judicial activism and judicial review. / न्यायिक सक्रियता र न्यायिक पुनरावलोकनका बीच फरक छुट्याउनुहोस् ।
Judicial review and judicial activism are related but different ideas.
An illustration helps. Striking down a statute because it clashes with a fundamental right is judicial review. Now take a different case. A citizen files a public interest petition on behalf of a disadvantaged group. The court hears it and issues directive orders to the state to protect their rights. That is judicial activism. In Nepal the Supreme Court exercises judicial review as a guardian of the Constitution. It has also shown activism through public interest litigation and directive orders on matters of rights and public concern.
What is the meaning of justice in Hindu law? Write the concept of justice in Hindu jurisprudence. / हिन्दू कानूनमा न्यायको अर्थ के हो ? हिन्दु विधिशास्त्र अन्तर्गत न्यायको अवधारणा लेख्नुहोस् ।
In Hindu jurisprudence, justice is not a separate legal idea. It is the upholding of Dharma (धर्म). Dharma is the righteous order of duty. It governs both the universe and human society. To do justice is to see that every person performs their proper duty. It is also to see that every person receives their due. When wrongdoing disturbs the balance of Dharma, justice restores it. So justice here means the vindication of righteousness. It is not merely the application of a rule.
The duty of giving justice rested on the king (Raja). He was regarded as the guardian of Dharma. He was also its enforcer. He carried out this duty through Danda (दण्ड). Danda means lawful punishment, or the rod of authority. The science of just punishment was called Danda-niti. Punishment had to be measured and proportionate. It had to suit the gravity of the offence. It also had to suit the circumstances of the offender. The aim was to correct the wrong without becoming cruelty. For example, a serious wrong against the community called for a heavier Danda than a minor lapse. A king who punished too harshly fell short of Dharma. So did a king who punished too leniently.
One point is crucial. The king was not above the law. Dharma stood higher than the king himself. He was bound to rule and to judge in line with it. A king who punished unjustly himself incurred fault. This idea is important. It says that even the ruler is bound by a higher law. It points toward a modern principle, that the state too must act within the law. The Constitution of Nepal 2015 embodies that principle. So justice in Hindu thought joins the legal, the moral and the religious. It is the vindication of righteousness. In it the ruler is both the agent of justice and its servant. He is answerable to the eternal Dharma above him.
Write a short essay on the Dayabhaga school of Hindu law. / हिन्दु कानुन प्रणालीको स्कुल दयाभागाबारे छोटकरीमा निबन्ध लेख्नुहोस् ।
The Dayabhaga (दायभाग) is one of the two great schools of Hindu law. It takes its name from the digest written by Jimutavahana. It prevails in Bengal and Assam.
Its defining feature is about timing. It concerns the time at which a son gains a right in family property. In the Dayabhaga school, a son acquires no right in the property by birth. So long as the father is alive, the father is the sole owner. He may deal with the property as he wishes. The son inherits his share only on the death of the father. For example, under Dayabhaga a son cannot demand partition during his father's lifetime. Until then he has no vested interest to divide. This is the opposite of the Mitakshara position. Because there is no ownership by birth, there is no coparcenary during the father's life. There is also no right of survivorship in the Mitakshara sense. On a holder's death, the property passes by succession to his heirs. They then hold it as separate shares.
The governing principle of Dayabhaga inheritance is spiritual benefit (religious efficacy). The right to inherit follows the capacity to offer religious oblations (pinda) for the deceased. It does not follow mere nearness of blood. This principle also gave the widow a somewhat stronger position than she held under the rival school. In short, the Dayabhaga is the more individualistic of the two schools. It postpones the son's right until the father's death. It rests succession on religious ties rather than purely blood ties.
[1 mark] (short note) Dayabhaga (दायभाग) is a school of Hindu law founded on Jimutavahana's digest. It is followed in Bengal and Assam. Under it a son gets no right in family property by birth. He inherits only on the father's death. Succession is based on spiritual benefit (religious efficacy).
Write a short essay on the Mitakshara school of Hindu law. / हिन्दु कानुन प्रणालीको स्कुल मिताक्षराबारे छोटकरीमा निबन्ध लेख्नुहोस् ।
The Mitakshara (मिताक्षरा) is the larger and more widespread of the two schools of Hindu law. It is named after Vijnaneshwara's commentary on the Yajnavalkya Smriti. It prevails across almost the whole of the subcontinent, except Bengal and Assam.
Its central doctrine is about the son's right. A son acquires a right in the ancestral (joint family) property by birth. From the moment of birth, the son becomes a coparcener. A coparcener is a person who shares a right in the joint property. The son is a coparcener along with his father and the other male descendants. They all share a common interest in the joint property. The interest arises by birth. So a coparcener may in principle demand partition (अंशबण्डा) of his share even during the father's lifetime. This is the key practical difference from the Dayabhaga school. When a coparcener dies, his interest passes to the surviving coparceners. This is the rule of survivorship. It does not pass to his separate heirs. The Mitakshara thus rests inheritance on consanguinity, that is, on nearness of blood.
The Mitakshara is itself divided into sub-schools. These include the Banaras, Mithila, Maharashtra and Dravida sub-schools. They differ on minor points. The Mitakshara idea is especially important for Nepal. Nepali Hindu law historically followed the Mitakshara idea of the joint family. It also followed the idea of a son's share by birth. This is why coparcenary and partition have long stood at the centre of Nepali property law. A son's claim to a share of ancestral property descends directly from the Mitakshara doctrine. That claim is now carried forward and reformed in the Muluki Civil Code 2074.
[1 mark] (short note) Mitakshara (मिताक्षरा) is the main school of Hindu law. It is named after Vijnaneshwara's commentary on the Yajnavalkya Smriti. It is followed over most of the subcontinent. Under it a son acquires a share in ancestral property by birth as a coparcener. Inheritance is by survivorship, based on blood relationship.
A widow (husband died over 10 years ago) asks whether she may remarry. As a law student, what would you advise? / एक एकल महिला (श्रीमान् बितेको १० वर्षभन्दा बढी) ले अर्को विवाह गर्न मिल्छ कि मिल्दैन भनी सोध्नुभयो भने के सुझाव दिनुहुन्छ ?
I would advise her clearly. She is legally free to remarry. The decision is entirely her own to make.
It is true that the traditional Hindu view was different. In that view, marriage is a sacred and lifelong religious sacrament (संस्कार). Classical Hindu society frowned on the remarriage of a widow. But that traditional attitude is no longer the law of Nepal. The law that actually governs her is not the old religious custom. It is the current statute. A law student must always apply the law in force, not social sentiment.
The Constitution of Nepal 2015 is clear on this. Every citizen is equal before the law. Discrimination on the ground of sex is prohibited. The Constitution also guarantees the rights of women as fundamental rights. The Muluki Civil Code 2074 follows the same path. It recognises a widow as a free and equal person. She may marry again. The Code places no legal bar on her doing so. Her earlier marriage ended in law when her husband died. So she is competent to enter a fresh marriage, like any other unmarried adult. Her property and other rights are protected by law.
Here is an illustration. Suppose a relative tries to stop the remarriage. Or suppose a relative tries to deny her a share of property because she remarried. She could seek the protection of the courts. The Constitution's equality guarantee and the Code's provisions are enforceable. So I would tell her this. No law forbids her remarriage. The old religious disapproval has no binding legal force today. Whether to remarry is a personal choice. She is fully entitled to make it. The law of Nepal will recognise and protect that choice.
What is a quasi-judicial body? Mention any two. / अर्ध न्यायिक निकाय भनेको के हो ? कुनै दुई उल्लेख गर्नुहोस् ।
A quasi-judicial body (अर्ध-न्यायिक निकाय) is not part of the regular court hierarchy. But the law gives it power to do work like that of a court over a particular subject. Its features are these.
Here are two examples. Suppose a taxpayer disputes a tax assessment. The matter goes to the Revenue Tribunal (राजस्व न्यायाधिकरण) rather than straight to an ordinary court. Now suppose a civil servant challenges a service decision. The Administrative Court (प्रशासकीय अदालत) hears it. Other examples include the Labour Court and various statutory tribunals set up under particular Acts. Through such bodies, specialised disputes are decided by expert forums. These bodies still remain under the supervision of the regular courts.
Short note: Kotilinga. / छोटो टिप्पणी: कोटिलिङ्ग ।
Kotilinga (कोटिलिङ्ग) was a central court of the older Nepali legal order. It was established in the Malla period to hear civil disputes and appeals. It continued to function after the unification of Nepal and on into the Rana period. It sat alongside other courts and offices, such as the Itachapali. Together they formed part of the Hindu-influenced judicial structure that came before the modern court system.
Short note: Alternative Dispute Resolution (ADR). / विवाद समाधानका वैकल्पिक उपाय
Alternative Dispute Resolution (ADR, वैकल्पिक विवाद समाधान) means settling a dispute without a full court trial. It uses methods such as negotiation, mediation and arbitration. In Nepal mediation is governed by the Mediation Act 2068 and arbitration by the Arbitration Act 2055. ADR is valued for being quicker, cheaper and less of a fight than a court case.
Short note: Court. / अदालत
A court (अदालत) is an organ of the state set up by the Constitution or by law. It gives justice by hearing disputes and deciding them according to law. In Nepal the courts under the Constitution of Nepal 2015 are the Supreme Court, the seven High Courts and the seventy-seven District Courts.
Short note: Judicial bodies. / न्यायिक निकाय
Judicial bodies (न्यायिक निकाय) are the bodies given power to decide disputes according to law. They include the regular courts: the Supreme Court, the High Courts and the District Courts. They also include other bodies that do judicial work, such as the local-level judicial committees and the quasi-judicial tribunals created by law.
Short note: Judicial procedure. / न्यायिक प्रक्रिया
Judicial procedure (न्यायिक प्रक्रिया) is the set of steps by which a case moves through the courts. It runs from filing the case and serving notice, through the hearing of evidence and arguments, to the judgment, and then to appeal and execution. In Nepal it is governed mainly by the Muluki Civil Procedure Code and the Muluki Criminal Procedure Code 2074.
Write any two sources of Hindu law. / हिन्दु कानुनका कुनै दुई स्रोतहरू लेख्नुहोस् ।
Two sources of Hindu law are Shruti and Smriti. Shruti (श्रुति) means the Vedas. It is held to be divine revelation and the highest authority. Smriti (स्मृति) means the Dharmashastras, such as the Manusmriti. It contains most of the actual rules on marriage, property and duty.
Define the Hindu legal system (in two sentences). / हिन्दू कानुनी प्रणालीलाई दुई वाक्यमा परिभाषित गर्नुहोस् ।
The Hindu legal system is the body of law that developed from the Hindu religion and its sacred texts, the Shruti and the Smriti. It is centred on the idea of Dharma (धर्म), or righteous duty. It is one of the oldest legal systems in the world. It governs chiefly the personal and family life of Hindus, such as marriage, succession and partition.
State two schools of Hindu law. / हिन्दू कानुनको दुई स्कुल उल्लेख गर्नुहोस् ।
The two schools of Hindu law are the Mitakshara (मिताक्षरा) school and the Dayabhaga (दायभाग) school. The Mitakshara prevails over most of the subcontinent. It gives a son a share in ancestral property by birth. The Dayabhaga prevails in Bengal and Assam. It gives a son his share only on the death of the father.
Shruti and Smriti are the sources of which legal system? / श्रुति तथा स्मृति कुन कानुनी प्रणालीका कानुनका स्रोतहरू हुन् ?
Shruti and Smriti are the two chief sources of the Hindu legal system (Hindu law). Shruti means "that which is heard" and refers to the Vedas, the divine revelation. Smriti means "that which is remembered" and sets out the detailed rules of conduct.
Describe the laws of Kirat period. / किरातकालको कानूनको व्याख्या गर्नुहोस् ।
The Kirats are counted among the earliest rulers of the Kathmandu valley. The law of their period belongs firmly to Nepal's pre-codification era. The first point to make is simple. There was no written code at this time. Law was customary and unwritten. No Kirat statute survives. So our picture of it is pieced together from custom and from references in later sources. We cannot read it from a text today. This is why the period must be described carefully and in general terms.
The central source of norms in the Kirat period was the Mundhum (मुन्धुम). This was the oral scripture and tradition of the Kirat people. The Mundhum carried religious, moral and social teaching. This society had no written law. So these teachings also served as the standards of right conduct. Disputes were judged by them. Justice itself was community based. Quarrels over land, family and wrongdoing were settled by village elders and community heads. The elders applied accepted custom. They did not use a formal hierarchy of courts and judges, as Nepal has now. For example, suppose two households fell into a dispute over grazing land. The elders would hear both sides. They would work out a settlement that restored peace to the community. They would not impose a penalty from a written rulebook.
Several of these features proved durable. One is the treatment of custom and usage as a genuine source of law. This survived the Kirat period. It is still recognised in the present legal system. Today, long-settled custom not contrary to written law can be applied. Another durable feature is the tradition of settling disputes within the community, without formal litigation. This also continues. It is reflected today in community mediation. It is also reflected in the local-level judicial committees that resolve many small disputes close to where people live. The customary practices of indigenous communities are also recognised. In this sense, think of a modern local judicial committee. It settles a neighbourhood quarrel through mediation. It is doing something the Kirat elders would have recognised.
In short, the Kirat period did not leave Nepal a written code. But it left a tradition. That tradition was customary, Mundhum-guided and community-administered justice. Two parts of it lasted especially well. One is the acceptance of custom as a source of law. The other is the settling of disputes within the community. These are its lasting contribution to the legal system that Nepal uses today. This is true even though the country now rests that system on written codes and a written Constitution.
State the constitutional history of Nepal. / नेपालको संवैधानिक इतिहासबारे उल्लेख गर्नुहोस् ।
The constitutional history of Nepal traces a long journey. It runs from autocratic rule to a federal democratic republic. It runs through seven constitutions. Each one marks a stage in the transfer of power from the ruler to the people. So the sequence is best read as a single story of democratisation.
The first was the Government of Nepal Act of 2004 BS (1948). It was granted under the Rana regime. It spoke of some rights and institutions. But it was essentially a concession from the rulers. It was never truly brought into force. The fall of the Ranas led to the Interim Government of Nepal Act of 2007 BS (1951). This ran the country during the transition that followed. The Constitution of the Kingdom of Nepal 2015 BS (1959) then introduced an elected parliamentary government for the first time. For example, a government could now be formed by elected representatives. It was no longer appointed by the ruler. This experiment was short lived. The Constitution of Nepal 2019 BS (1962) dissolved party politics. It set up the party-less Panchayat system. This concentrated power in the monarchy.
After three decades, the first people's movement brought change. It produced the Constitution of the Kingdom of Nepal 2047 BS (1990). This restored multiparty democracy. It vested sovereignty in the people. It kept the King as a constitutional monarch within a parliamentary system. The second people's movement then produced the Interim Constitution of Nepal 2063 BS (2007). Under it the monarchy was abolished and Nepal was declared a republic. It also guided the writing of a new constitution by an elected Constituent Assembly. This was a decisive moment. The people, through their elected assembly, took the power to frame their own fundamental law.
That process ended in the present Constitution of Nepal 2072 BS (2015 AD). It declares Nepal a federal democratic republic. It distributes power among federal, provincial and local levels. It guarantees an extensive set of fundamental rights in Part 3. It provides for an independent judiciary headed by the Supreme Court. It stands at the top of the legal order as the fundamental law of the land. Take one illustration of its supremacy. Any Act of Parliament inconsistent with the Constitution is void to the extent of the inconsistency. The Supreme Court may so declare. Seen as a whole, Nepal's constitutional history is the gradual transfer of sovereignty from the ruler to the people. Each constitution marks a further step from autocracy toward democratic and federal government. The present Constitution made the people sovereign. It bound even the state to the rule of law.
Short note: New Muluki Ain (Naya Muluki Ain). / नयाँ मुलुकी ऐन
The New Muluki Ain (नयाँ मुलुकी ऐन) was the comprehensive national code promulgated in 2020 BS (1963 AD) under King Mahendra. It replaced the first Muluki Ain of 1910 BS (1854 AD). Its significance lies in several points:
So the New Muluki Ain is remembered as the law that brought formal legal equality to Nepal. It also prepared the ground for the fully modern codes now in force.
What legal provisions of the Kirat period are still in use in the present legal system of Nepal? / किरातकालका कानुनको कुन प्रावधानहरू नेपालको विद्यमान कानुन प्रणालीमा पनि प्रयोगमा छन् ?
The Kirat period left no written code. But some of its legal practices continue, in a changed form, in Nepal's present system:
So the Kirat legacy is not a set of surviving statutes. It is a surviving approach. That approach is reliance on custom and on community-led, reconciliation-minded dispute settlement. The modern law has absorbed it and given it an organised form.
What are the contributions made by Ram Shah to the Nepalese legal system? / नेपाली कानुन प्रणालीमा राम शाहको के योगदान छ ?
Ram Shah was the king of Gorkha in the early seventeenth century. He ruled a small hill state. Even so, his legal and administrative reforms left a lasting mark on the Nepali legal tradition. These reforms are known together as Ram Shah ka Thiti (राम शाहका थिति). His main contributions were these:
The importance of Ram Shah is clear. He showed something before any national codification. He showed how written rules laid down by the ruler could deliver certainty and fairness. His insistence on fixed measures and fair interest is an early example. It shows the state using clear rules to protect ordinary people. This reforming, rule-based spirit later fed into the wider Nepali legal tradition.
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