Constitutional Law
Constitutional Law
This domain tests the Constitution of Nepal 2072: supremacy, fundamental rights, writ jurisdiction, federal structure and separation of powers. Problem questions usually ask you to identify the right engaged, the lawful basis for restriction and the appropriate remedy.
Core rules
- The Constitution is the supreme law; inconsistent law is void to the extent of inconsistency.
- Part 3 guarantees fundamental rights. A restriction must be imposed by law, pursue a legitimate aim and satisfy proportionality.
- Article 46 provides the right to constitutional remedy. The Supreme Court and High Courts may issue habeas corpus, mandamus, certiorari, prohibition and quo warranto.
- Federalism distributes powers among federal, provincial and local levels; residual powers lie with the federal level unless the Constitution provides otherwise.
Worked example
A district administration bans a peaceful assembly without reasons. The organisers seek relief. Article 17 protects freedom of assembly, but the right is not absolute. A restriction needs a legal basis and reasons. A blanket, unreasoned ban is likely disproportionate. The organisers may file a writ petition under Article 46 seeking certiorari to quash the order and mandamus to permit the assembly. A separate damages claim does not substitute for the writ.
Traps
Do not treat directive principles as directly enforceable fundamental rights. Do not use a writ as an appeal on disputed facts. Alternative remedy is not an absolute bar, but delay and factual disputes can defeat relief. Do not assume every constitutional amendment is immune from review; frame the issue carefully.