4.1.2 Influencing Factors in the Formation of Law and the Nepali Legal System

The Nepali legal system is a historical layer-cake. Five layers: 1. Ancient Hindu legal thought — concepts of dharma, justice and duty from texts such as the Manusmriti, applied through kings, priests and caste councils. Customary systems (Newar, Kirat, Magar, Tharu and other indigenous norms) governed daily life alongside it. 2. Medieval codification — King Jayasthiti Malla (14th century) caused the Manav Nyaya Shastra to be compiled, an early code organising society and justice in the Kathmandu Valley (see Nepali History, Unit 3). 3. The Muluki Ain tradition (1853 onward) — after unification, Janga Bahadur Rana promulgated the Muluki Ain 1910 BS, unifying law across the country, blending Hindu norms with administrative regulation; the re-enacted Muluki Ain 2020 BS (1963) under King Mahendra modernised it and removed some discriminatory provisions. 4. Anglo-Indian and common-law influence (after 1951) — the opening of Nepal brought statutes modelled on Indian Acts (e.g., the Evidence Act 2031 on the pattern of the Indian Evidence Act 1872; the Contract Act 2056 reflecting the Indian Contract Act 1872), adversarial court procedure, case-law method, and English-language legal education through Tribhuvan University. 5. Constitutionalism and international law (1990 onward) — the 1990 Constitution introduced constitutional monarchy with fundamental rights and judicial review; the 2007 Interim Constitution and the 2015 Constitution entrenched the republic, federalism, inclusion and an expanded…