This page archives standalone legal notes, court case updates, and campus news originally published on this site between 2022 and 2023. These are preserved as historical record rather than current news.
Why the Constitution Is a Legal and Political Document
The constitution is the political document that establishes the relationship between the people and the government. The word “constitution” derives from the Latin constituere, meaning “to establish” — making it, by definition, a written, established document that forms the base of a state’s political system and determines where sovereign power is vested.
C.F. Strong defined a constitution as a legal document collecting a nation’s fundamental principles. Herman Finer described it as a system of fundamental political institutions. Taken together, these definitions point to the constitution being both a political and a legal document.
As a Political Document
- It is shaped by the country’s political situation and drafted by an elected legislature (parliament).
- Sovereignty is exercised through governmental authority — a right that flows through political parties in a democracy.
- It sets out the state’s guiding policies across political, administrative, and economic matters.
- It defines the jurisdiction and role of the executive, legislative, and judicial branches, and the sovereign power of the nation and its people.
As a Legal Document
- It establishes how government action gains legitimacy — acts outside the constitution can be struck down by an independent judiciary, while acts within it are given legal standing.
- It is treated as the cornerstone of justice, equality, and freedom.
- It legally divides power by creating the organs of the state and lays out the blueprint for how the state operates.
- It rejects autocracy by establishing rule of law and provides a framework for good governance.
Relevant Case Law and Constitutional Provisions
The Supreme Court of Nepal, in Raviraj Bhandari v. Rt. Hon’ble Prime Minister Manmohan Adhikari, established precedent that the constitution is both a legal and political document.
Key provisions from the Constitution of Nepal, 2072 (2015) reinforce this dual character: the Preamble commits to a competitive multi-party democratic system, civil liberties, and an independent judiciary; Article 1 establishes the constitution as the fundamental law of the nation; Article 2 vests sovereignty and state power in the Nepali people; Article 46 (with Articles 133 and 144) guarantees constitutional remedies for violations; and Article 76 establishes Nepal’s parliamentary system as a multi-party, federal, democratic republic.
Conclusion: The constitution carries both legal and political sanctity — it sets out the framework and principles governing the organs of government while defining the relationship between the governed and those who govern.
Supreme Court Decision: Rabi Lamichhane Case
This site previously published scanned copies of a Supreme Court of Nepal decision concerning Rabi Lamichhane. The original post contained only image scans of the court document without accompanying written analysis, so it has been consolidated here as a historical reference rather than reproduced in full.
Student Protest Against the Ordinance
BA.LL.B third-semester students from Nepal Law Campus and National Law College held a peaceful protest against an ordinance that had become a major point of controversy in Nepal at the time. The ordinance would have exempted individuals with political party affiliations from certain criminal liability — a provision students and legal observers viewed as unlawful and contrary to basic principles of criminal accountability. Students from Chakrabharti College and other institutions joined in support.
NEB Grade Increment Exam — Law Questions (2080)
This site previously published photographs of law questions from the NEB Grade Increment Exam held on Asoj 9–10, 2080, for students seeking to retake and improve their Class 12 results. The original post consisted of exam-paper photos without additional written commentary.
This archive is preserved for historical and reference purposes. For current legal education guides and updates, see our How to Become an Advocate in Nepal and Studying Law in Nepal guides.